[AS PASSED BY THE NATIONAL ASSEMBLY} A BILL further 10 amend the Constitution of the Islamic Republic of Pakistan WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing; AND WHEREAS the people of Pakistan have relentlessly struggted for democracy and for attaining the ideals of a Federal, Islamic, democratic. parliamentary and modem progressive welfare State, wherein the rights of the cilizens are secured and the Provinces have equitable share in the Federation; AND WHEREAS it is necessary that the Legal Framework Order. 2002. as amended by the Chief Executive's Order No. 29 and the Chief Executive's Order No.-32 of 2002, be declared as having been made without lawful authority and of no legal effect. and the Constitution (Seventeenth Amendment) Act, 2003 (Act No. TI] of 2003), be repealed and the Constitution further amended to achieve the aforesaid objectives; Lis hereby enacted as follows:- 1. Short title and commencement. (1) ‘This Act may be called the Constitution (Eighteenth Amendment) Act, 2010. (2) It shall come into force at once, save as otherwise provided in this Act 2. Repeal, ete Subject to Article 264 and the provisions of the Constitution (Kiighteenth Amendment) Act, 2010,- (a) the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), the Legal Framework (Amendment) Order,2 2002 (Chief Executive’s Order No. 29 of 2002) and the Legal Framework (Second Amendment) Order, 2002 (Chief Executive’s Order No. 32 of 2002), are hereby declared to have been made without lawful authority and of no legal effect and, therefore, shall stand repealed; and (b) the Constitution (Seventeenth Amendment) Act, 2003 (Act No. III of 2003), is hereby repealed. tion.— In the Constitution of the 3. Amendment of Article 1 of the Consti Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 1, in clause (2), in paragraph (a), for the word “Baluchistan” the word “Balochistan”, for the words “North West Frontier” the words “Khyber Pakhtunkhwa”, and for the word “Sind” the word “Sindh”, shalt be substituted. 4. Amendment of Article 6 of the Constitution. In the Constitution, in Article 6 (for clause (1), the following shall be substituted, namely:~ “(1)_ Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high ‘treason. Gi) in clause (2), after the word “abetting” the word “or collaborating” shall be inserted; and Gii) after clause (2) amended as aforesaid, the following new clause shall be inserted, namely:~3 “(2A). Am act of high treason mentioned in clause (1) of clause (2) shall not be validated by any court including the Supreme Court and a Idigh Court.” 5, Insertion of new Article in the Constitution.- In the Constitution, after Article 10, the following new Article shall be inserted, namely:~ “LOA, Right to fair trial.- For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process.” 6. Substitution of Article 17 of the Constitution.- In the Constitution. for Article 17. the following shall be substituted, namely:~ “17. Freedom of association. (1) Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan. public order or morality, (2) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan. the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final (3) Every political party shall account for the source of ils funds in accordance with taw.”.4 7. Insertion of new Article in the Constitution.- In the Constitution, after Article 19, the following new Article shall be inserted, namely:~ “19A, Right to information. Every citizen shall have the right to have access 10 information in all matters of public imporance subject to regulation and reasonable restrictions imposed by law”. 8. Amendment of Article 25 of the Constitution.- In the Constitution, in Article 25, in clause (2), the word “alone” occurring at the end shall be omitted 9. Insertion of new Article in the Constitution.- In the Constitution, after Article 25, the following new Article shall be inserted, namely:- “25A. Right to education.-The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law.” 10. Amendment of Article 27 of the Constitution.- In the Constitution, in Article 27. in clause (1), in the second proviso, for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be inserted, namely:- “Provided also that under-representation of any class or area in the service of Pakistan may be redressed in such manner as may be determined by an Act of Majlis-e-Shoora (Parliament)” 11. Amendment of Article 29 of the Constitution.- In the Constitution. in Article 29, in clause (3), for the word “the National Assembly” occurring for the first time the words and brackets, “each House of Majlis-e-Shoora (Parliament) shall be substituted and after the word “National Assembly" occurring for the second time the words “and the Senate” shall be inserted. 12, Amendment of Article 38 of the Constitution.- In the Constitution. in Article 38,- (in paragraph (e), the word “and” ai the end shall be omited:5 (i) in paragraph (0, for the full stop at the end a semicolon and the word “and” shall be added and after paragraph (!) amended as aforesaid, the following aew paragraph shall be added, namely:~ “(g) ensure that the shares of the Provinces in all federal services. including autonomous bodies and corporations established by. or under the control of, the Federal Government, shall be secured and any omission in the allocation of the shares of the Provinces in the past shall be rectified” 13. Amendment of Article 41 of the Constitution.- In the Constitution, in Article 41- (i) in clause (3). the words, brackets and figure “to be elected afler the term specified in clause (7)” shail be omit (ii) clauses (7). (8) and (9) shall be omitted. i: and 14, Substitution of Article 46 of the Constitution.- In the Constitution, for Article 46, the following shall be substituted namely:~ “46. President to be kept informed.- The Prime Minister shall keep the President informed on all matters of internal and foreign policy and on all legislative proposals the Federal Government intends to bring before Majlis-e-Shoora(Parliament)”. 13. Amendment of Article 48 of the Constitution,- In the Constitution, Article 48,- (i) tnclause (1) (a) after the word “act” the words ~on and” shall be inserted; and6 (b) in the proviso, after the word “that” the words “within fifteen days” shall be inserted and after the word ~ “shall” the commas and words “,wwithin ten days,” shall be inserted; and Gi) for clause (5) the following shall be substituted, namely: “(5) Where the President dissolves the N Assembly, notwithstanding anything contained in clause (1), he shall, (@) appoint a date, not later than ninety days from ial the date of the dissolution, for the holding of a ‘general election to the Assembly; and (6) appoint a care-taker Cabinet”. (iii) for clause (6) the following shall be substituted, namely:~ (6). If at any time the Prime Minister considers it necessary to hold a referendum on any matter of national importance, he may refer the matter to a joint sitting of the Majlis-e-Shoora (Parliament) and if it is approved in a joint sitting, the Prime Minister may cause such matter to be referred to a referendum in the form of a question that is capable of being answered by either “Yes” or “No”. 16, Substitution of Article $1 of the Constitution.- In the Constitution, for Article 51, the following shall be substituted and shall be deemed always to have been so substituted with effect from the 21" day of August, 2002, namely:- “$1. National Assembly.-(I) There shall be three hundred and forty-two seats for members in the National Assembly, including seats reserved for women and non-Muslims. (2) A person shall be entitled to vote if-7 (a) he is acitizen of Pakistan; (b) he is not less than eighteen years of age; (c) his name appears on the electoral roll; and (a) he is not declared by a competent court to be of unsound mind. (3) ‘The seats in the National Assembly referred to in clause (1). except as provided in clause (4). shall be allocated to each Province. the Federally Administered Tribal Areas and the Federal Capital as under:— i _ jon to the number of seats referred to in clause (3), there the National Assembly, ten seats reserved for non-Muslims. (5) The seats in the National Assembly shall be allocated to cach Province, the Federally Administered Tribal Areas and the Federal Capital on the basis of population in accordance with the last preceding census officially published. (6) or the purpose of election to the National Assembly.- (a) the constituencies for the general seats shall be single member. territorial constituencies and the members to fill such seats shall be elected by direct and free vote in accordance with law;) ) d) ©) g each Province shall be a single constituency for all seats reserved for women which are allocated to the respective Provinces under clause (3); the constituency for all seats reserved for non-Muslims shail be the whole country; members to the seats reserved for women which are allocated to a Province under clause (3) shail be elected in accordance with law through proportional representation system of political parties’ lists of candidates on the basis of total number of general seats secured by each political party from the Province concerned in the National Assembly: Provided that for the purpose of this paragraph the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the retumed candidates; members to the seats reserved for non-Muslims shall be elected in accordance with law through proportional representation system of political parties’ lists of candidates ‘on the basis of total number of general seats won by each political party in the National Assembly: Provided that for the purpose of this paragraph the total number of general seats won by a political party shail include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates.”17. 9 Substitution of Article 58 of the Constitution.-. In the Constitution. for Article 58, the following shall be substituted. namely:- 18, ~58. Dissolution of the Natlonal Assembly.- (1) The President shall dissolve the National Assembly if so advised by the Prime Minister; and the National Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the Prime Minister has so advised, Explanation.- Refercace in this Article to “Prime Minister” shall not be construed to include reference 10 a Prime Minister against whom a notice of a resolution for a vote of no- confidence has been given in the National Assembly bout has not been voted upon or against whom such a resolution has been passed or who is continuing in office after his resignation or after the dissolution of the National Assembly. (2) Notwithstanding anything contained in clause (2) of Article 48, the Presidemt may also dissolve the National Assembly in his discretion where, « vole of no-contidence having been passed against the Prime Minister, no other member of the National Assembly commands the confidence of the majority of the members of the National Assembly in accordance with the provisions of the Constitution; as ascertained in a session of the National Assembly summoned for the purpose.”~. Substitution of Article 59 of the Constitution.- In the Constitution, for Asticle 59, the following shall be substituted, namely: “59, The Senate.- (1) The Senate shall consist of one-hundred and four members. of whom, (a) fourteen shalt be elected by the members of cach Provincial Assembly;(b) © (d) @) (G) 10 eight shall be elected ftom the Federally Administered Tribal Areas, in such manner as the President may, by Order, prescribe; two''on general seats, and one woman and one technocrat including aalim shall be elected from the Federal Capital in such manner as the President may, by Order, prescribe; four women shall be elected by the members of each Provincial Assembly: four technocrats including ulema shall be clected by the members of each Provincial Assembly; and four non-Muslims, one from each Province, shall be elected by the members of each Provincial Assembly: Provided that paragraph (f) shall be effective from the next Senate election after the commencement of the Constitution (Eighteenth Amendment) Act, 2010. Q) Election to fill seats in the Senate allocated to each Province shall be held in- accordance with the system of proportional representation by means of the single transferable vote. @) The Senate shall not be subject to dissolution but the term of its members, who shail retire as follows, shall be six years: (a) () @) of the members referred to in paragraph (a) of clause (1), seven shall retire after the expiration of the first three years and seven shall retire after the expiration of the next three years; of the members referred to in paragraph (b) of the atoresaid clause, four shall retire after the expiration of the first three years and four shail retire after the expiration of the next three years; of the members referred to in paragraph (c) of the aforesaid clause,- (Done elected on general seat shall retire after the expiration of the first three years and the other one shall retire after the expiration of the next three years; and(d) (ey il (ii) one elected on the seat reserved for technocrat shail retire afler first three years and the onc elected on the seat reserved for women shall retire after the expiration of the next three years: of the members referred to in paragraph (d) of the aforesaid clause, two shall retire after the expiration of the first three years and two shali retire after the expiration of the next three years; of the members referred to in paragraph (e) of the aforesaid clause, two shall retire after the expiration of the first three years and two shall retire after the expiration of the next three years: and of the members referred to in paragraph (1) of the aforesaid clause. two shall retire after the expiration of first three years and two shall retire after the expiration of next three years: Provided that the Election Commission for the first tenn of seats for non-Muslims shall draw a Jot as to which two members shall retire afler the first three years. The term of office.of a person elected to fill a casual vacancy shalt be the unexpired term of the member whose vacancy he has filled, Amendment of Article 61 of the Constitution. In the Constitution, in Article 61, for the word “ninety” the words “one. hundred and ten” shall be Substitution of Article 62 of the Constitution.- In the Constitution. for Article 62, the following shail be substituted, namely:~ “62. Qualifications for membership of Majlis-c- Shoora (Parliament) a member of Majlis-e-Shoora (Parliament) unless— fa) (1)A person shall not be qualified to be elected or chosen as he is a citizen of Pakistan;) © (a) © (© (8) (2) 12 he is, in the case of the National Assembly, not less than twenty- five years of age and is enrolled as a voter in any electoral roll in- G) any part of Pakistan, for election to a general seat or a seat reserved for ¢ non-Muslims; and Gi) any area in a Province from which she seeks membership for election to a seat reserved for women, he is, in the case of the Senate, not Jess than thirty years of age and is enrolled as a voter in any area in a Province or, as the case may be, the Federal Capital or the Federally Administered Tribal Areas, from where he seeks membership; he is of good character and is not commonly known as one who violates Islamic Injunctions; he has adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam as well as well abstains from major sins; he is sagacious, righteous, non-profligate, honest and ameen, there being no declaration to the contrary by a court of law: he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the ideology of Pakistan; The disqualifications specified in paragraphs (d) and (e) shalt not apply to a person who is a non-Muslim, but such a person shall have good moral reputation;”. 21, Substitution of Article 63 of the Coxstitution.- In the Constitution, for Article 63, the following shall be substituted, namely,- “63. jualifications for membership of Majlis-c-Shoora (Parliament).-(1) A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament). it (a) he is of unsound mind and has been so declared by a competent court; or(b) (c) @) fe) i} th) {i) oO (k) 13 he is an undischarged insalvent; or he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State, or he holds an office of profit in.the service of Pakistan other than an office dectared by law not to dinqualify its holder; or he is in the service-of any statutory body or any body which is ‘owned or controlled by the Government or in which the Government has a controlling share or interest; or being a citizen of Pakistan by virtue of section 14B of the Pakistan Citizenship Act. 1951 (It of 1951). he is for the time being disqualified under any law in farce in Azad Jammu and Kashmir from being elected as a member of the Legislative Assembly of ‘Azad Jammu and Kashmir; or he has been convicted by @ court of competent jurisdiction for propagating any opinion, or acting in any manner. prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or the integrity or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan, unless @. period of five years has elapsed since his release: or he has been, on conviction for any offence involving moral turpitude, sentenced to imprisonment for a term of not less than two ‘years. unless @ petiod of five years hes elapsed since his release: or he has been dismissed from the service of Pakistan or service of a corporation or affice set up of, controlled. by the Federal Government, Provincial Government or a Local Government on the ground of misconduct, unless 2 petiod of five years has elapsed since his dismissal; or he has been removed or compulsorily retired from the service of Pakistan or service of a corporation or office set up or controlled by the [ederal Government, Provincial Government or a Local Government on the ground of misconduct, unless a period of three xvcars has elapsed since his removal or compulsory retirement; or he has been in the service of Pakistan or of any statutory body or any body which is owned or controlled by the Government or in whicha (m) 14 the Government has a controlling share or interest, unless a period of two years has elapsed since he ceased to be in such service; or he. whether by himself or by any person or body of persons in trust for him or for his benefit or on his account or as a member of a Hindu undivided family, has any share or interest in a contract, not being a contract between a cooperative society and Government, for the supply of goods to, or for the execution of any contract or for the performance of amy service undertaken by, Government : Provided that the disqualification under this paragraph shall not apply to @ persor-— Gi) __ where the share or interest in the contract devolves on him by "inheritance or succession or as a legatee, executor or administrator, until the expiration of six months after it has so devolved on him; ii) where the contract has been entered into by or on behalf of a public company as defined in the Companies Ordinance, 1984 (XLVI of 1984), of which he is a shareholder but is not 2 director holding an office of profit under the company; or (ii) where he is a member of a Hindu undivided family and the contract has been entered into by any other member of that family in the course of carrying on a separate business in which he has no share or interest; or Explanation. —In this Anicle “goods” does not include “agricultural produce or commodity grown or produced by him or such goods as he is, under any directive Of Government or any tw forthe time being in force, under a duty or obligation to supply. he holds any office of profit in the service of Pakistan other than the following offices, namely:~ (an office which is not whole time office remunerated either by salary or by fee; (ii) the office of Lumbardar, whether called by this or any other title; . (iii) the Qaumi Razakars;15 (iv) any office the bolder whereof, by virtue of such office, is liable to be called up for military training or military service under any law providing for the constitution or raising of a Force: or (n) he has obtained a loan for an amount of two million rupecs 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 one year from the due date, or has got such foan written off: or (0) he or his spouse or any of his dependents has defaulted in payment of government dues and utility expenses, including telephone. electricity, gas and water charges in excess of ten thousand rupees. for over six months, at the time of filing his nomination papers; or (p) he is for the time being disqualified from being elected or chosen as a member of a Majlis-e-Shogra (Parliament) or of Provincial Assembly under any law for the time being inforce. Explanation.-For the purposes of this paragraph “law” shall not in¢lude an Ordinance promulgated under Article 89 or Article 128. (2) If any question arises whether 2 member of the Majlis-e-Shoora (Parliament) has become disqualified from being a member. the Speaker or. as the case may be. the Chairman, shall, unless he decides that no such question has arisen, refer the question to the Election Commission within thirty days and should he fuil to do so within the aforesaid period it shall be deemed to have been referred to the Election Commission. (3) The Election Commission shall decide the question within ninety days from its receipt or deemed to have been received and if it is of the opinion that the member has become disqualified, he shall cease to be a member and his seat shall become vacant.”. 22. Substitution of Article 63A of the Constitution.- In the Constitution, for Article 63A. the following shall be substituted, namely:~ ~ 63A. Disqualification on grounds of defection, efc. (1) If a member of a Parliamentary Party composed of a single political pany ina House-@ (b) 16 resigns from membership of his political party or joins another Parliamentary Party; or votes or abstains from voting in the House contrary to any direction. issued by the Parliamentary Party to which he belongs, in relation to- @ election of the Prime Minister or the Chief Minister; or (ii) a vote of confidence or a vote of no-confidence: or (iii) a Money Bill or a Constitution (Amendment) Bill: he may be declared in writing by the Party Head to have defected from the political party, and the Party Head may forward a copy of the declaration to the Presiding Officer and the Chief Election Commissioner and shall similarly forward a copy thereof to the member concemed: 2) Provided that before making the declaration, the Party Head shall provide such member with an opportunity to show cause as to why such declaration may not be made against him. Explanation. “Party Head” means any person, by whatever name called, declared as such by the Party. ‘A member of a House shall be deemed to be a member of a Parliamentary Party if he, having been elected as a candidate or nominee of a political party which constitutes the Parliamentary Party in the House or, having been elected otherwise than as a candidate or nominee of a political party, has become a member of such Parliamentary Party after such election by means of a declaration in writing.7 Q) Upon receipt of the declaration under clause (1). the Presiding. Officer of the House shall within two days refer, and in case he fails to do so it shall be deemed that he has referred, the declaration to the Chief Election Commissioner who shell lay the declaration before the Tlection Commission for its decision thereon confirming the declaration or otherwise within thirty days of its receipt by the Chief Election Commissioner. G) ‘Where the Election Commission confirms the declaration. the member referred to in clause (1) shall cease to be a member of the House and his seat shall become vacant. (5) Any party aggrieved by the decision of the lection ‘Commission may, within thirty days, prefer an appeal to the Supreme Court which shall decide the matter within ninety days from the date of the filing of the appeal. (6) Nothing contained in this Article shall apply to the Chairman or peaker of a Hoitse, a For the purpose of this Article,- (a) "House" means the National Assembly or the Senate, in relation to the Federation; and a Provincial Assembly in relation to the Province, as the cage may be: {b) | "Presiding Officer" means the Speaker of the National Assembly, the Chairman of the Senate or the Speaker of the Provincial Assembly. as the case may be. (8) Article 63A substinued as aforesaid shail come into effect from the next general elections to be held after the commencement of the Constitution (Eighteenth Amendment) Act. 2010:. 18 Provided that till Article 63A substituted as aforesaid comes into effect the provisions of existing Article 63A shall remain operative.”. 23. Substitution of Article 7@ of the Constitution.- In the Constitution. for Article-70, the following shal! be substituted, namely:- “70. Introduction aud passing of Billa.-(1) A Bill with respect to any matter in the Federal Legislative List may originate in either Howse and shall, if it ls passed by the House in which it originated. be transmitted to the other House; and, if the Bil amendment by the other House also, it shall be presented to the President for assent. is passed without (2) Ifa Bill transmitted to a House under clause (1) is passed with amendments it shall be sent back to the House in whic and if that House passes the Bill with those amendments it shall be presented to the President for essent. it originated 3) Ifa Bill transmitted to a House under clause (1) is rejected or is not passed within ninety days of its laying in the House or a Bill sent to a House under clause (2) with amendments is not passed by that House with such amendments, the Bill, at the request of the House in which it originated, shall be considered in a joint sitting and if passed by'the votes of the majority of the members present and voting in the joint sitting it shall be presented to the President for assent. (4) In this Article and the succeeding provisions of the Constitution, “Federal Legislative List” means the Federal Legislative List in the Fourth Schedule.”.19 24. Omission of Article 71 of the Constitution.- In the Constitution, Article 71 shail be omitted, 25, Amendment of Article 73 of the Constitution. In the Constitution, in Article 73. . (i) For clause (1) the following shall be substituted, namely:- “(1) Notwithstanding anything comsuined in Article 70. a Money Bitl shail originate in the National Assembly: Provided that simultasequsly when a Money Bill, including the Finance Bill containing the Annual Budget Statement, is presgnted in the Wational Assembly, @ copy thercof shall be transmitted fo the Senate which may. within fourteen days. make recommendations thereon to the National Assembly.": and : (ii) alter clause (1) substituted as aforesaid. the following new clause shall be inserted. namely:- ~(IA) The National Assembly shall. consider the recommendations of the Senate and after the Bill has been passed by the Assembly with or without incorporating. the recommendations of the Senate, it shall be presented to the President for assent.”. 26, Amendment of Article 75 of the Coastitution.- In the Constitution, in Article 75,- Co . (i) in clause (1), for the word “thirty”, the word “ten” shall be substituted: . (i) for clause (2), the following shall be substituted, namety:- (2) When ‘the Président has retumed a Bill to the Majlis-e-Shoora (Parliament), it shall be reconsidered by the20 Majlis-e-Shoora (Parliament) in joint sitting and, if itis again passed, with or without amendment, by thé Majlis-e-Shoora (Parliament), by the votes of the majority of the members of ‘both Houses present and voting, it shatl be deemed for the purposes of the Constitution to have been passed by both Houses and shall be presented to the President, and the President shall give his assent within ten days, failing which such assent shetl be deemed to have been given.” ; and (iii) in clause (3), after the word “assented”, the words “or is docmed to have assented”, shall be inserted. 27. Amendment of Article 89 of the Coustitution.- In the Constitution, in Article 89,- @) (i) in clause (1); before the words “National Assembly” the words “Senate or” shall be inserted: in clause (2), in paragraph (a).- (@) _ in sub-paragraph (i), for the words “four months” the words “one hundred and twenty days” shall be substituted; and for the semi-coton at the end a colon shall be substituted and thereafter the following proviso shall be inserted, namely:- “Provided that the National Assembly may by a resolution extend the Ordinance for a further period of one hundred and twenty days and it shall stand repealed atthe expiration of the extended period. or if before the expiration of that period a resolution disapproving it is passed by the Assembly, upon the passing of that resolution: Provided further that extension for further period may be made only once.”: and(b) in sub-paragraph (ji), for the words “tour months” the ‘words: “one hundred and twenty days” shall be substituted and for the semi-colon and the word “and “at the end-a colon shall be substiusted and thereafter the following provisos shal] be inserted . + namely:- Provided that either House may by a resolution extend it for a further period of one hundred and twenty days and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution disapproving it is passed by ‘a House. upon the passing of that resolution; Provided further that extension for a further period may be made only once. (iii) for clause (3), the. following shall be substituted, namely:- (3) without prejudice to the provisions of (a) an Ordinance laid before the National ‘Assembly under sub-paragraph (i) of paragraph (2) of clause (2) shall be deemed to be a Bill introduced in the National Assembly; and (b) an Ordinance laid before both Houses under — sub-parageaph(ii) of paragraph (a) of clause (2) shall be deemed 10 be a Bill inroduced in the House where it was first laid”.R 28, Substitution of Article 90 of the Coastitution.- In the Constitution, for Article 90. the following shall be substituted, namely:- 90. The Federal Goverument.- (1) Subject to the ‘Constitution, the executive authority of the Federation shall be exercised in the name of the President by the Federal Government, consisting of the Pritne Minister and the Federal Ministers, which shall act through the Prime Minister. who shall be the chief executive of the Federation, (2) In the performance of his functions under the Constitution, the Prime Minster may act either directly or through the Federal Ministers.”. 29, Substitution of Article 91 of the Constitution.- In the Constitution, for Article 91, the following shall be substituted, namely:~ “91, The Cabinet. (1) There shall be a Cabinet of Ministers, with the Prime Minister at its head, to aid and advise the President in the exercise of his functions. (2) The National Assembly shail meet on the twenty-first day following the day on which a general election to the Assembly is held, unless sooner summoned by the President. (3) After the election of the Speaker and the Deputy Speaker, the National Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its Muslim members to be the Prime Minister. (4) The Prime Minister shall be elected by the votes of the -majority of the totel membership of the National Assembly:2B Provided that, if n0 member secures such majority in the first poll, a secend poll shall be held between the members who gacuna she. two highest numbers of votes in the first poll andthe. member. who secures a majority of votes of the members present and voting shall be declared _ to have been elected as Prime Minister: _ Provided, ther that, ifthe number of votes | secured by two or more members securing the highest number of votes is equal, further poll shall be held between them, until-one of them secures u majority of votes of the members present and voting, (5) The member elected under clause (4) shall be called upon by the President to assume the office of Prime Minister and he shall.: before entering upon the office. make before the President oath in the form set out in the Third Schedule: Provided that there. shall be no restriction on the number of terms for the office of the Prime Minister. (6) The Cabinet, togethier with the Ministers of State, shail be collectively responsible to the Senate and the National Assembly. noe . (7) The. Prime Minister shal hold office during the pleasure of the President, but the President shall not ‘exercise his powers under this clause unless he is satisfied that the Prime Minister does not command the confidencePoy of the majority of the members of the National Assembly. in which-gase he shall summon the National Assembly and require the Prime Minister to obtain a vote of confiderce from the Assembly. (8) The Prime Minister may, by writing under his hand addressed to the President, resign his office. (9) A Ministe# who’ for any period of six consecutive months is not a member of the National Assembly shall, at the expiration of thal’ period, cease to be a Minister and shall not before the dissolution of that Assembly be again appoittted.a Minister unless he is elected a member of that Assembly: Provided that nothing contained in this clause shall apply to a Minister who is member of the Senate. (10) Nothing contained in this Article shall be construed as disqualifying the Prime Minister or any other Minister or a Minister of State for continuing in office during any period during which the National Assembly stands dissolved, or as preventing the appointment of any person as Prime Minister or other Minister or a Minister of State during any, such period.” 30. Amendment of Article 92 of the Constitution.- In the Constitution, in Article 92, in clause (1),- (i) for the brackets and figures “(7) and (8)" the brackets and figures “(9) and (10)" shall be substituted; and25 (ii) in the peaviso. fox. Gall stop at the end a colon shal! be substituted and thegoafter the following provisos shall be inserted, namely: “Provided further that the total strength of the Cabinet, including Ministers of State, sh eleven pervent of the totat membership of Majlis-e- Shoora (Parliament): Provided also that the aforesaid amendment shall be effective from the next general election held not exceed after the commencement of the Constitution (Fighteenth Amendment) Act, 2010.". 31, Amendment of Article 99 of the Constitution.- In the Constitution, in Article 99, . (i) In clause (2), for the word “President” occurring for the first time the words “Federal Governnent” shall be substituted and for the words “in his name” the words “in the name of the President” shall be substituted; and (ii) for clause (3). the following shall be substityted. namely:- “(3) The Federal Government shall also. make rules for the allocation and transaction of its business.”. 32. Amendment of Article 100 of the Constitution.- In the Constitution. in Atticle 100, in clause (2) after the word “President” the words “and shall not engage in private practice so tong #s he holds the office of the Attomey-General” shall be added. 33. Amendment of Article 101 of the Constitution.- In the Constitution. in Article 101+ (G) for clause (1) the following shall be substituted. namely:-26 “(1) There shall be a Governor fot each Province, who shall be appointed by the President on the advice of the Prime Minister.”. (ii) in clause (2), after the word “age”, the words “and is a registered voter and resident of the Province concerned” shall be added, 34. Substitution of Article 104 of the Constitution.- In the Constitution, for Article 104, the following shall be substituted namely:~ “104. Speaker Provincial Assembly to act as, or perform fanetions of Governor in his absence. When the Governor. by reason of absence from Pakistan or for any other cause, is unable to perform his functions, the Speaker of the Provincial Assembly and in. his absence any other person as the President may nominate shall perform the functions of Governor until the Governor returns to Pakistan or, as the case may be, resumes his functions.”. 35. Amendment of Article 105 of the Constitution. In the Constitution, in Article 105,- (i) inclause (1), after the word “act” the words “on and” shall be inserted, and in the proviso, after the word “that” the words “within fifteen days” shall be inserted and after the word “shall” the commas and’ words “within ten days,” shail be inserted; and (ii) for clause (3) the following shall be substituted, namely:- (3) Where the Governor dissolves the Provincial Assembly, notwithstanding anything contained in clause (1), he shall,- : (a) ‘appoint a date, not Jater than ninety days from the date of dissolution, for the holding of a general election to the Assembly; and (b) appoint a care-taker Cabinet.” anda7 ' (iii) clause (4) shall be omitted. 36. Amendment of Article 106 of the Gometitetion,- In the Constitution, for Article 106. the following shall be subptityled and shall be deemed always to have been so substituted with effect from 21* day pf August. 2002, namely:- “106, Constitution of Provincial Assémblies.(1) Each Provincial Assembly shall consist of general seats and seas reserved for women and non-Muslims as specified herein below. GB) (2) (a) (b) ©) (a) A person shell be entitled to vote if he is a citizen of Pakistan; he is not less than aightsen years ot age; ’ his name appears on the dectoral roll for any area in the Province, and po he is not declared by a compgtent court tobe of unsound mind . For the purpose of election to a Provincial Assembly.- @) (b) the constituencies for the geiieral seats shai! be single member territorial constituencies and the seembers to fill such seats shall be elected by direét and free vote: ‘each Provirice shall be a single constituency for all seats reserved for women and noi-Muusligns allocated to the respective Provinces under clause (1);* 28 (c) the members to fill seats reserved for women and non- Muslims allocated to a Province under clause (1) shall be elected in’ aésordance with law through proportional Fepresentation system of potitical parties’ lists of candidates ‘on the basis of the total number of general seats secured by each political party in the Provincial Assembly: Provided that for the purpose of this sub-clause. the total umber of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within threp days of the publication in the official Gazette of the names of the returned candidates.” 37, Substitution of Article 112 of the Constitution. In the Constitution, for Article 112, the following shall be substituted, namely:- “112. Dissolution of Provincial Assembly.-(1) The Governor shall dissolve the Provincial Assembly iff so advised by the Chief Minister: and the Provincial Assembly shail, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the Chief Minister has so advised, Explanation, Reference in this Article to ‘Chief Minister’ shall not be construed to include reference to a Chief Minister against whom a notice of a resolution for a vote of no- confidence has been given in the Provincial Assembly ‘but has not been voted upon or against whom a resolution for a vote of no-confidence has been passed. (2) The Governor may also dissolve the Provincial Assembly in his discretion, but subject to the previous approval of the President, where a vote of no-confidence having been passed against the Chief Minister, no other member of the Provincial Assembly commands the confidence of2 the majority of the members of the Provincial Assembly in accordance with the provisions of the Constitution, as ascettained in a session of the Provincial Assembly summoned far the purpose.”. 38. Amendment of Article 116 of the Constitutio Article 116.- . (i) in clause (2), for the word “thirty” the word “ten” shall be substituted: (ii) in clause (3), for the words “not withhold his assent therefrom” the words “give his assent within ten days, failing which such assent shall be deemed to have been given™ shall be substituted; and (iii) in clause (4), afer the word “assented” the words “or is deemed to have assented” shall be inserted. Jn the Constitution. in 39. Amendment of Article 122 of the Constitution... In the Constitution. in Article 122. in clause (2), proviso shall be omitted. 40. Amendment of Article 127 of the Constitution.- in the Constitution. in Article 127, in paragraph (g). for the word “seventy” the words “one hundred” shall be substituted, , ‘ 41, Amendment of Article 128 of the Constitution.- in the Constitution. in Atcle 128, in clause (2), in paragraph (a), for the words “three months” the words “ninety days” shall be substituted and for the semi-colon and the word “: and” at the end a colon shall be substituted and thereafter, the following provisos shall be inserted, namely:+ “Provided that the Provincial Assembly may by a resolution extend the Ordinance for a further period of ninety days and it shall stand repealed at the expiration of the extended period, or if before42. 30 the expiration of that petiod a resolution disapproving it is passed by the Assembly. upon the passing of that resolution: Provided further that extension for a further period may be made only once.”. Substitution of Article 129 of the Constitution. In the Constitution, for Article 129, the following shall be substituted, namely:- 43. “129, The Provincial Goverament.- (1) Subject to the Constitution, the ‘executive authority of the Province shall be exercised in the name of the Governor by the Provincial Government, consisting of the Chief Minister and Provincial Ministers, which shall act through the Chief Minister. (2) In the performance of his functions under the Constitution, the Chief Minister may act either directly or through the Provincial Ministers.” Substitution of Article 138 of the Constitution.- In the Constitution, for Article 130, the following shall be substituted, namely:- “130, The Cabinet.- (1) There shall be a Cabinet of Ministers, with the Chief Minister at its head, to aid and advise the Governor in the exercise of his functions. (2) The Provincial’ Assersbly shall meet on the twenty-first day following the day on which a general election to the Assembly is held, unless sooner summoned by the Governor. (3) After the election of the Speaker and the Deputy Speaker, the Provincial Assembly shall, to the exclusion of any other business. proceed to elect without debate one of its members to be the Chief (4) The Chief Minister shall be elected by the votes of the majority of the total membership of the Provincial Assembly:31 Provided that, if no member secures such majority in the first poll. a second poll shall be held between the members who secure the two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting shalt be declared to have been elected: as Chief Minister: Provided further that, if the number of votes secured by two or-more members sccuring the highest number of votes is equal, further. polls shall be held between them until owe of them secures a majority of Votes of the members present and voting. (5) The member elected under clause (4) shall be called upon by the Governor to asmime the office of Chief Minister and he shall, before entering upon the office, make before the Governor oath in the form set out in the ‘Third Schedule: Provided that there shall be no restriction on the number of terms for the office of the Chief Minister. (6) The Cabinet shall be collectively’ responsible to the, Provincial Assembly and the total strength of the Cabinet shall not exceed fiRteen members or eleven percent of the total membership of a Provincial Assembly, whichever is higher: Provided that the aforesaid limit shall be effective from the next general elections after the commencement of the Constitution (Righteenth Amendment) Act. 2010. (7) The Chief Minister shall hold office during the pleasure of the Governor. but the Govemor shall not exercise his powers under this clause unless he is satiatied that the Chief Minister does not command the confidence of the majority of the members of the Provincial Assembly, in which case he shall surnnton the Provincial Assembly and32. require the Chief Minister to obtain a vote of confidence from the Assembly. (8) The Chief Minister may, by writing under his hand addressed to the Governor, resign his office. (9) A Minister who for any period of six consecutive months is not a member of the Provincial Assembly shall, at the expiration of that period, cease to be # Minister and shall not before the dissolution of that Assembly be again appointed a Minister untess he is elected a member of that Asserbhy. (10) Nothiag contained in this Article shall be construed as disqualifying the Chief Minister or any other Minister for continuing in office during any period during which the Provincial Assembly stands dissolved, o as preventing she appointment of any person as Chief Minister or other Minister dering any such period. (11) The Chief Minister shall not appoint more than five Advisers.” 44, Substitution of Article 131 of | ‘the Constitution.- In the Constitution, for Article 131, the following shall be substituted, namely:- “131. Governor to be kept informed.- ‘Ihe Chief Minister shall keep the Governor informed on matters relating to Provincial administration and on all legistative proposals the Provincial Government intends to bring before the Provincial Assembly.” 45. Amendment of Article 132 of the Constitution.- In the Constitution, in Article 132. in clause (1), for the brackets and figures “(7) and (8) the brackets and figures (9) and (10)” shall, respectively, be substituted.”33 46, Amendment of Article 139 of the Caustitution. In the Constitution, in Article 139. , . . (in clause (2), for the word “Goyamor” occurring for the first time the \words “Provincial Government” shall be substituted and for the words “in his name” the words “in the aame of Governor” shall be substituted; and (ii) for clause (3) the following shall be substituted, namely:- “@) The Provincial Government shall also make rules for the allocation and transaction ofits business.”. 47, Amendment of Article 140 of the Constitution.- In the Constitution. in Article 140, in clause (3), after thé word “Governor” occurring at the end, the words “and shall not engage in private practice so long as he holds the office of the Advocate-Generat” shall be added. 48. Insertion of new Article in the Constitution.- In the Constitution, after Article [40 amended as aforesaid, the following new Article shall be inserted. namely:- : “140A, Local Government.- Each Province shall, by law, establish a local government systern tind devolve political. administrative and financial responsibility and authority to the elected representatives of the local governments, ~ o (2) Elections to the lécal governments shall be held by the Election Commission of Pakistan.” 49. Amendment of Article 142 of the Cosstitution.- In the Constitution, in Article 142,- ‘ (@® for paragraph (b) the’ following shall ‘be substituted, namely:34 ‘(b) Majlis-e-Shoora (Parliament) and a Provincial Assembly shall have power to make laws with respect to criminal law, criminal procedure and evidence. (ii) for paragraph (c) the following shall be substituted namely: “(e) Subject to paragraph (b), a Provincial “Assembly shall, and =~ Majlis-e-Shoora (Parliament) shall not, have power to make laws with respect to any matter not enumerated in the Federal Legislative List.”. (iii) for paragraph (4) the following shall be substituted. namely:- . “(d) Majlis-e-Shoora (Parliament) shall have exclusive power to make laws with respect to all matters pertaining to such areas in the Federation as are not included in any Province.” 50. Substitution of Article 143 of the Constitution. In the Constitution, for Article 143, the following shall be substituted, namely:- “143 Inconsistency between Federal aud Provincial law.- If any provision of an Act of a Provincial Assembly is repugnant to any provision of an Act of Majlis-e-Shoora. (Parliament) which Majlis-e-Shoora (Parliament) is competent to enact, then the Act of Majlis-c-Shoora (Parliament), whether passed before or after the Act of the Provincial Assembly, shall prevail and the Act of the Provincial Assembly shall, tothe extent of the repugnancy, be void.”- 3 51. Amendment of Article 144 of the Constttution.- In the Constitution, in Article 144,- (in the marginal note, for the ward “two” the word “one” shall be substituted; : (ii) for the word “two” occurring after the word “if” the word “one” shall be substituted: and (iii) for the words “either List” the words “the Federal Legislative List”. shall be substituted, Amendment of Article 147 of the Constitution.- In the Constitution. In icle 147, for the full stop at the end a colon shall be substituted and therealter the following proviso shall be added, namely:- “Provided that the Provincial Government shall get the functions so entrusted ratified by the Provincial Assembly within sixty days.”. 53. Amendment of Article 149 of the Constitution.- In the Constitution, in Article 149. clause (2) shall be omitted, 34, Amendment of Article 153 of the Constitution.- In the Constitution. in Article 153. . (i) for clause (2) the following shall be substituted, namely:- ~(2) The Council shall consist of — (2), the Prime Minister who shall be the Chairman of the ‘Couneit; (b) the Chief Ministers of the Provinces; and (c) three members from the Federal Government to be ‘nominated by the Prime Minister from time to time.” (ii) clause (3) shall be omitted: and (ii) in clause (4), after the word ~Parliament™ occurring in the brackets at the end, the words “and shall submit an Annual Report to both Mouses of Majlis-e-Shoora (Parliament)” shall be added.36 55, Amendment of Article 134 af the Constitution.~ In the Constitution, in Article 154,- : (i) for clause (1), the following shall be substituted, namely:- “(1) The Council shall formulate and regulate policies in relation to matters in Part II of the Federal Legislative List and shall exercise supervision and control over relaied institutions.”, (i) Clauses (2), (3), (4) and (5) shall be renumbered as. clauses (4).(5).(6) and (7), respectively, and after clause (1) amended as aforesaid, the following new clauses shall be inserted, namely:- “(@) The Council stall be constituted within thiny days of the Prime Minister taking oath of office. 3) The Council shall have @ permanent Secretariat and shall meet at leasi once in ninety days: Provided that the Prime Minister may convene a meeting on the request of a Province on an urgent tmatter.”. 56. Amendment of Article 155 of the Constitation.- In the Constitution. for in clause (1) after the word “supply” the words “or reservoir” shall be 57. Substitution of Article 156 im the Constitution.- In the Constitution, for Article 156, the following shalt be substituted, namely:- “156 National Economic Council- (1) The President shall constitute a National Economic Council which shall consist of — {a) the Prime Minister, who shall be the Chairman of the Council: (b) the Chief Ministers and one member from each Province to be nominated by the Chief Minister; and (c) four other members as the Prime Minister may nominate from time to time. .7 (2). ‘The Nationat Economic Council shail review the overall economic condition of the country and shall. for advising the Federal Government and the Provincial Governments, formulate plans in respect of financial. commercial. social and economic policies; and in formulating such plans it shall. amongst other factors, ensure balanced development und regional equity and shall ‘also be guided by the Principles of Policy set out in Chapter 2 of Part-II. ‘ (3) The meetings of the Council shall be summoned by the Chairman or on 4 requisition made by one-half of the members of the Council. (4) ‘The Council shall meet at least twice in a year and the quorum for a meeting of the Council shall be one-half of its total membership. The Council shall be responsible to the is-e;Shoora (Parliament) and shail submit an Annual Report to cach House of Majlis-¢-Shoora (Parliament)”.” Amendment of Article 17 of the Constitution.- In the Constitution, in Article 157,- (i) in clause (1), for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be inserted, namely: . Provided that the Federal Government, prior to taking a decision fo construct or cause to be constructed, hydro-elestric power stations in any Province. shall consult the Provincial Government converned.": and (ii) after clause (2), the following new clause shall be added. namely:- ~G) In case of any dispute between the Federal Government and a Provincial Government in respect of any matter wader this Article; arty of the said Governments may move the Council of Common Interests for resolution of the dispute.”,38 59. Amendment of Article 160 of the Constitution.- In the Constitution, in Article 160, after clause (3), the following new clauses shall be inserted. namely:- “@A) The share of the Provinces in each Award of National Finance Commission shai! not be less than the share given to the Provinces in the previous Award. (@B) The Federal Finance Minister and Provincial Finance Ministers shall monitor the implementation of the Award biannually and lay their reports before both Houses of Majlis-e-Shoora (Parliament) and the Provincial Assemblies.”. 60. Amendment of Article 161 of the Constitution. In the Constitution, in Article 161, for clause (1) the foltowing shall be substituted, namely:- “(1)_ Notwithstanding the provisions of Article 78,- (2) the net proceeds of the Federal duty of excise on natural gas levied at well-head and collected by the Federal Government and of the royalty collected by the Federal Government, shall not form part of the Federal Consolidated Fund and shall be paid to the Province in which the well-head of natural gas is situated; (b) * the net proceeds of the Federal duty of excise on oil levied at well-head and collected by the Federal Government, shall not form part of the Federal Consolidated Fund and shall be paid to the Province in which the well-head of oi! is situated.” 61. Amendment of Article 167 of the Constitution. In the Constitution, in Article 167. after clause (3) the following new clause shall be inserted, namely:-39 “(4) A Province may raise domestic or international loan, or give guarantees on the’ security of the Provincial Consolidated Fund within such limits and subject to such conditions as may be specified by the National Economie Council.”. 62. Amendment of Article 168 of the Constitution.- In the Constitution. in Article 168. (i) for clause (3) the following shall be substituted, namely:- “(3) The Auditor-General shalt, unless he sooner resigns or is removed from office in accordance with clause (5), hold office for a term of four years from the date on which he gaqumes such office or attains the age of sixty-five yeas, whichever is earlier: (ii) after clause (3) amended as afgresaid, the following new clause shall be inserted, namely:- (3A) The other terms and conditions of service of the Auditor-General shail be determined. by Act of Majlisse-Shoora (Parliament); and, until so determined, by Order of the President”: and (iii) in clause (6), for the words “such“other person as the President may direct shall” the words “the President may appoint the most senior officer in the Office of the Auditor-General to” shall be sabstiuted,. 63, Amendment of Article 170 of the Comstitetion.- In the Constitution, Article 170 shall be renumbered as clause (1) of that Article and after clause (1) renumbered as aforesaid the following new clause shall be added. namely:~ ~(2) ‘The audit of the accounts of the Federal and of the Provincial Governments and the accounts of any authority or body established by. or tunder the control of, the Federal or a Provincial Government shall be0 : “conducted by the Auditor-General, who shall determine the extent and nature of such audit.”. 64, Amendment of Article 171 of the Constitution. In Article 171, for the words ‘the National Asspmbly” the worgs and brackets “both Houses of Majlis-e-Shoora (Parliament)” shall be substituted. 65. Amendment of Artiele'172 of the Coustitution.- In the Constitution, in Article 172,- . bo (in clause(2), for the word “within”: occurring for the second time the word “beyond” shall be substituted; and (ii) saiter oleuse (2) amended ef aforosaid, the following new clause shall be inserted, namely: "G) Subject to" the existing commitments and obligations. mineral oil and salural gas within the Province or the territorial waters adjacemt thereto shall vest jointly and equally in that - Provinee and the Federal Government.”. 66, Amendment of Article 175 of the Constitation.- In the Constitution. in Article 175, in.clayge ()), athes she:word “Provines” the words “and a High Court lor the Islamabad Capital Territory” shall te inserted and under clause (1) amended as aforesaid, the following Explanation shall be added, namely:- “Explanation- .The words "High Court” wherever occurring in the Constitution shall include the High Court for the Islamabad Capital Territory.”, 67. Insertion of Article 175A im the Constitution.- In the Constitution, after Article 175, the foltowing new Article shall be inserted, namely:~4 “175A. Appointment of Judges to the Supreme Court, High Courts and the Federal Shariat Court- (1) There shall be a Judicial Commission of Pakistan, hereinafter in this Article referred to as the Commission, for appointment of Judges of the ‘Supreme Court. High Courts and the Federai Shariat Court, as hereinafter provided. (2) For appointment of Judges of the Supreme Court. the Commission shall consist of — “@ Chief Justice of Pakistan; (il) two most senior Judges of the ‘Supreme Court: (iii) a former Chief Justice or 2 former Judge of the Suprente Court of Pakisten to be nominated by the Chief Justice of Pakistan. in consultation with the two member Judges. for a termi of two years; iv) Federal Minister for Law aad Justice: (v) Attorney-General for Pakistan; and (vi) a Senior Advocate of the Supreme Court of Pakistan nominated by the Pakistan Bar Council for a term of two years. (3) Notwithstanding anything contained in clause (1) or clause (2). the ‘President shalt appoint the most senior Judge of the Supreme Court as the Chief Justice of Pakistan. (4) The. Commission. may. make rules regulating its procedure. \ (5) For appointment of Judges of a High Court, the Commission in clause (2) shall also include the following, namely: . Chairman, Members Member Member Member Member i) Chief Justice of the High Court to which the Member appointmnest is being made;a Gi) the moss senior Judge of that High Court; Member (iii) Provincial Minister for Law; and Member (iv) a senior advocate to be nominated - Member by the Provincial Bar Council for a term of two years: Provided that for appointment of the Chief Justice of a High Court, the most senior Judge of the Court shall be substituted by a former Chief Justice or former Judge of that Court, to be nominated by the Chief Justice of Pakistan in consultation with the two member Judges of the Commission mentioned in clause (2): Provided further that if for any reason the Chief Justice of High Court is not available, he shall also be substituted in the manner as provided in the foregoing proviso. For appointment of Judges of the Islamabad High Court, the Commission in clause (2) shall aiso include the following, namely:- (i) Chief Justice of the Islamabad High Court; and Member (ii) the most senior Judge of that High Court: Member Provided that for initial appointment of the Judges, of the Islamabad High Court, the Chief Justices of the four Provincial High Courts shall also be members of the Commission: Provided further that subject to the foregoing proviso, in case of appointment of Chief Justice of Islamabad High Court, the provisos to clause (5) shall, mutatis mutandis, apply.4“ (7) For appointment “of Judges of the Federal Shariat Court, the Continission fii clause (2) shall also include the Chief Justice of the Federa] Shariat Court and the most senior Judge of that Cdurt as Its Members: Provided that for appointhent of Chief Justice of Federal Shirlat Court, the provisos to clause (5) shall, muraris mutandis, apply. . - (8) The Commission by majority of its total membership. shall nominate to the Parliamentary Committee one person. for each vacancy of @ Judge in the Supreme Court, a High Court or the Federal Shariat Court, as the case may be; 9) The Parliamentary Committee, hereinafter in this Article referred to ag the Commitige, shail consist of the following cight members. samely:+ (i) four members from the Senate; and (ii) four members from the National Assembly. (10) Out of iw eight memibers of the Continittee, four shall be from the Treasury Benches, two from crcl House and four from the Opposition Benches, two from each House. The fiomination of members from the Treasury Benches shall be made by the Leader of thé House and from the Opposition Benches by the I.eader of the Opposition. (11) Secretary, Senate shall act ws the Secretary of the Committee.a4 (12). The Committee on receipt of a nomination from the Commission may confirm the nominee by majority of its total membership within fourteen days, failing which the + nomination shall be deemed to have been confirmed: Provided that the Committee may not confirm the nomination by three-fourth majority of its total membership within the said period, in which case the Commission shall send another nomination. (13). The Committee shall forward the name of the nominee confirmed by It or deemed to have been confirmed to the President for appointment. (14) No action or decision taken by the Commission or a ‘Comshittee shell be invalid or called in question only on the ground of the existence of a vacancy therein or of the absence of any member from any meeting thereof. (15) The Committee may make rules for regulating its 68. Ameudment of Article 177 af the Comstitution.- In the Constitution, in Anticle 177, for clause (1). the following shall be substituted, nameiy:- “(1) The Chief Justice of Pakistan and each of the other Judges of the Supreme Court shall be appointed by the President in accordance with Article 175A.”. 69. Amendment of Article 193 of the Constitution, In the Constitution, in Article 193,- (i) for clause (1), the following shail be substituted, namely:-4s “(1) The Chief Justice and each of other Judges of a High Court shall be appointed by the President in accordance with Anticle 175A (ii) in clause (2). for the word “forty” the word “forty-five” shalt be substituted and shail be deemed always to have been so substituted with effect from the 21" day of August, 2002. 70. Amendment of Article 194 of the Constitution.- in the Constitution. in Article 194, for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:- ~Provided that the Chief Justice of the Islamabad High Court shall make oath before the President and other Judges of that Court shall make oath before the Chief Justice of the Islamabad High Court.” 71, Amendment of Article 198 of the Constitution.- in the Constitution, in Anicle 198, (i) after clause (1), the following new clause shall be inserted, namely:- (1A) The High Court for Islamabad Capital Territory shall have its principal seat at Islamabad.” Gi) in clause (3).- {a) after the word Abbottabad. the comma and the word ~.Mingora”shall be inserted ; and (b) after the word ~ Sibi ” occurring at the end. the words “and Turbat” shall be added. 72, Amendment of Article 199 of the Constitution.- In the Constitution. in Article 199. for clause (4A). the following shall be substituted, namely.-73. 46 “(4A) An interim order made by a High Court on an application made to it to question the validity or legal effect of any order made, proceeding taken” or act done by any authority or person, which has been made, taken or done or purports to have been made, taken or done under any law which is specified in Part I of the First Schedule of relates to, or is connected with, State property or assessment or collection of public revenues shall cease to have effect on the expiration of a period of six months following the day on which itis made: , Provided that the matter shall be finally decided by the High Court within six months from the date on which the interim order is made.”. Amendment of Article 200 of the Constitution.- In the Constitution, in Article 200.- 74, (i). in clause (1). the proviso shall be omitted; and (ii) ‘clause (4) shall be omitted, Ameadment of Article 203C of the Constitution,- In the Constitution. in Article 203C,- (i) in clause (2), after the word “President” occurring at the end the words, figures and letters “in accordance with Article 175A” shall be inserted; (ii) in clause (3A). for the words “who are well-versed in Islamic law” the words and comma “having at least fifteen years experience in Islamic law, fesearch or instruction” shall be substituted; (iii) in clause (4), in the proviso, the words “for a period exceeding two years” shail be omitted; (iv) for clause (4B) the following shall be substituted, namely:- “(4B) The Chief Justice and a Judge shall not be removed from office except in the like manner and on the like grounds as a Judge of the Supreme Court.”; and47 (v) clause (4C) and oleuse (5) shatl ta omined. (vi) for clause (9), the following shall be substituted and deemed always to: have been so substituted with effegt from the 21" day of August. 2002, namely:- ~(9) A Chief Justice who is not a Judge of the Supreme Court shall be entitled to the same remuneration, allowances and privileges as are admissible to a Judge of the Supreme Court and a Judge who is not a Judge of a Iligh Court shat! be entitled to the same remuneration. allowances and privileges as are admissible to a Judge of a High Court : Provided that where a Judge is already drawing a pension for any other post. in the service of Pakistan. the amour of such pension shall be deducted from the pension admissible under this clause.”. 75. Amendment of Article 203D of the Coastitution.- In the Constitution. in Article 2031, in clause (LA). the words “or the Concurrent Legislative List” shall be omitted and for the words “in cither’of those lists” the words “in the Federal legislative J ist™ shall be substituted. 76. Amendment of Article 209 of the Constitution. In the Constitution, in lc 209. for clause (5) the following shall be substituted, namely:~ “5) the opinion that a Judge of the Supreme Court of of a High Coun- information from any source; the Council or the President is of (@) may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or (b) may have been guilty of misconduct, the President shall direct the Council to, or the Council may, on its own motion, inquire into the matter.”,48 77. Amendment of Artiele 213 of the Constitution In the Constitution in Anicle 213.- . {) In clause (1), the words “in his discretion” shall be omitted: (ii) after clause (2), the following new clauses shall be inserted, namely: “(Q2A), ‘The Prime Minister shall io consultation with the Leader of the Opposition in the Nationel Assembly, forward three names for appointment of the Commissioner to a Parliamentary Committee for hearing and confirmation of any one person. (2B) The Parliamentary Committee to be constituted by the Speaker shgll comprise fifty percent members from the Treasury Benches and fifty percent from the Opposition Parties. based on their strength in Majlis-e-Shoora (Parliament), to be nominated by the respective Parliamentary Leaders: Provided that in case there is no consensus between the Prime Minister and the Leader of the Opposition, each shall forward separate lists to the Parliamentary Committee for consideration which may confirm any one name: Provided further that the total sirengih of the Parliamentary Committee shall not exceed twelve members out of which one-third shall be trym the Senate: Provided also that when the National: Assembly is dissolved and a vacancy occurs in the office of the Chief Election Commissioner, the Parliamentary Committee shall comprise the members from the Senate only and the foregoing provisions of this clause shall, mitatis mutandis, apply.".49 78, Amendment of Article 255 ef the Constitation.- In the Constitution, in Article 215. in elause (1).- (]) for the word “three” the word “five” shall be substituted and thereafter the following proviso shall be inserted, namely: “Provided that the aforesaid amendment: shall be effective after the expiry of current tenure of the present incumbent; and (ii) the existing proviso shall be omitted. 79. Amendment of Article 216 of the Constitution,- In the Constitution, in Article 216, in clause (2), in the proviso,- (i) in paragraph (a), for the semicolon arid the word “,and™ a full stop shall be substituted; and (i) paragraph (b) shall be omitted. 80. Amendment of Article 218 of the Constitution.- In the Constitution, Article 218. : (i) for clause(1). the following shall be substituted, namely:- ““(1) For the purpose of election to both Houses of Majlis-c-Shoora (Parliament), Provincial Assemblies and for election to such other public offices as may be specified by law. a permanent Election Commission shall be constituted in accordance with this Article.”; (ii) for clause (2), the following shail be substituted, namely:- ~ (2) The Election Commission shall consist of. (@) The Commissioner who shall be the Chairman of the Commission: and50 (©) four members, each of whom has been a Judge of a High Court from each Province, appointed by the President in the manner provided for appointment of the * Commissioner in clauses (2A) and (2B) of Article 213." 81. Amendment of Article 219 of the Constitution.- In the Constitution, in Amticle 219,- (i) for the word “Commissioner” the word “Commission” shail be substituted; and : . (ii) in paragraph (c), for the fall stop at the end a semi colon shall be substituted and after paragraph (c) amended as aforesaid, the following new paragraphs shall be added; namely:- “(d) the holding of general elections to the National Assembly, Provincial Assemblies and the local governments; and (e) such other functions as may be specified by an Act of Majlis- €-Shoora (Parliament). 82. Amendment of Article 221 of the Constitution.- In the Constitution. in Article 221, for the word “Commissioner” occurring for the first and second time, the words, “Election Commission” shall. be substituted and the words “Commissioner or an” shall be omitted. 83. Amendment of Article 224 of the Constitution.- [In the Constitution, in Article 224,- . G) for clause (1), the folowing shall be substituted, namely:- “(1) A general election to the National Assembly or a Provincial Assembly shall be held within a period of sixty days immediately following the day on which the term of the Assembly is due to expire, unless the Assembly has been sooner dissolved, and the“51 results of the election shall be declared not later than fourteen days before that day.”; (ii) after clause (1) substituted as the aforesaid, the following new clauses shall be inserted. namely:: “aay On dissolution of the Assembly on completion of its term, of, in case it is dissolved under Article 58 or Article 112, the President, or the Govemor, as the case may be. shall appoint a care-taker Cabinet: (1B) Explanation. Provided thal the care-taker Prime Minister shall be selected by the President in consultation with the Prime Minister and the Leader of the Opposition in the outgoing National Assembly, and a care-taker Chief Minister shall be appointed by the Governor in consultation with the Chief Minister and the Leader of the Opposition in the outgoing Provincial Assembly: Provided further that the Members of the Federal and Provincial care-taker ‘Cabinets shall be appointed on the ailvice of the care- taker Prime Minister or the care-taker Chief Minister, as the case may be. Members of the caretaker Cabinets including the care- taker Prime Minister and the care-taker Chief Minister and their immediate family ‘members shall not be ligible to contest the immediately following elections to such Assemblies”.” In this clause “immediate family members” means spouse and chitdren.52 (iii) after clause (5) the following new clause shail be inserted and shall be deemed always to have been so inserted with effect from the 21" day of August, 2002, namely:- “*(6) When a seat reserved for women or non-Muslims in the National Assembly or a Provincial Assembly falls vacant, .on account of death, resignation or disqualification of a member, it shall be filled by the next person in order of precedence from the party list of the candidates to be submitted to the Election Commission by the political party whose member has ‘vacated such seat.”. 84. “Substitution of Article 26 of the Coastitution.- In the Constitution, for Article 226, the following shal! be substituted, namely: “226. Election by seéret ballot All elections under the Constitution, other than those of the Prime Minister and the Chief Minister, shail be by secret ballot.”, 85. Amendment of Article 228 ef the Constitution.- In the Constitution, in Article 228, in clause (3); in paragraph (c), for the word “four” the words “one- third” shall be substituted, 86. Amendment of Article 232 of the Constitution.- In the Constitution, in Article 232, in clause (1), for the full stop at the end a colon shall be substituted and after clause (1) amended as aforesaid, the following provisos shall be inserted, namely: : “ Provided’ thet for imposition of emergency due to intemal disturbances beyond the powers of a Provincial Goverment 1 control, a Resolution from the Provincial Assembly of that Province shall be required:3 Provided further that if the President acts on his own, the Proclamation of Emergency shall be placed before both Houses of Majlis-c-Shooru (Parliannent) for approval by each House within ten days. 87. Amendment of Article 233 ‘of the Cotstitution.- In the Constitution. in. Article 233, in clause (3), for the words “a joint sitting” the words “both Houses of Majlis-e-Shoora (Parliament) separately” shall be substituted. 88. Amendment of Article 234 of the Coustitution.- In the Constitution, in Article 234, in clause (1), (i) the words “or otherwise” shail be omitted; and (ii) for the words “at a joint sitting” the words “by each House separately” shall be substituted. 89. Amendment of Articte 242 of the Constitution.- In the Constitution, in Acticle 242.- (i) in clause (1A), for the words “ip his discretion” the words “on. the advice of the Prime Minister” shall be substituted”: and (ii) after clause (1A) amended as aforesaid the following new clause shall be inserted, namel “(IB) The Chairman of the Public Service Commission constituted in relation to, affairs of a Province shall be appointed by the Governor on advice of the Chief Minister.”. 90, Substitution of Article 243 in the Constitution.~ In the Constitution. for Article 243, the following shall be substituted, narhely:- “243, Command of Armed Forces.- (1) The Federal Government shall have contro] and commend of the Armed Forces.4 (2) Without prejudice to the generality of the foregoing provision, the Supreme Command of the Armed Forces shall vest in the President. (3) The President shall subject to Jaw, have power — (8) toraise and maintain the Military, Naval and Aiz Forces of Pakistan; and the Reserves of such Forces; and (b) to grant Commissions in such Forces. (3) The President shall, on advice of the Prime Minister, appoint- (a) the Chafrman, Joint Chiefs of Staff Committee; (b) the Chief of the Army Staff, (c) the Chief of the Naval Staff, and ()_ the Chief of the Air Staff, and shall also determine their sataries and allowances.”. a1. Amendment of Article 246 of the Constitution. In the Constitution, in Article 246, in paragraph (a),- 92. (a) in sub-paragraph (i). for the word “Baluchistan” the word “Balochistan” and for the words “North West Frontier” the words “Khyber Pakhtunkhwa” shall be substituted and the word “and” at the end shall be omitted, and (b) after sub-paragraph (li), the following new sub-paragraphs shall be inserted, namely:- ““(il) Tribal Areas adjoining Lakki Marwat District; and (iv) Tribal Areas adjoining Tank District.”. Amendment of Article 260 of the Constitution.- In the Constitution, in Article 260, in clause (1), the definition of expression “consultation” shall be omitted. 93. Insertion of new Artiebes im the Constitution.- In the Constitution, after Article 267, the following new Articles shall be inserted, namely:-94. 35 “267A. Power to remove difficuiiies.- (1) If any difficulty arises in giving effect to the provisions of the Constitution (Eighteentt: Amendment) Act, 2010, hereinafter in this Article referred as the Act, or for bringing the provisions of the Act into effective operation, the matter shall be laid before both Uouses in a joint sitting which may by a resolution direct that the provisions of the Act shall. during such period as may be specified in the resolution, have effect, subject to such adaptations, whether by way of modification. addition or omission, as may be decmed necessary or expedient: . : Provided that this power shall be available for a period of one year from the commencement of the Act. 2678. Removal of doubt.- For removal of doubt it is hereby declared that Article 152A omitted and Articles’ 179 and 195 substituted by the Constitution (Seventeenth Amendment) Act, 2003 (Act No. Ili of 2003). notwithstanding its repeal. shall be deemed always to have been so omitted and substituted. Amendment of Article 268 of the Constitution.- In the Constitution, in Article 268. clause (2) shail be omitted. 95. Amendment of Article 270A of the Comstitution,-.In the. Constitution, in Article 270A, (@) _inclause (1), the words, commas, braskets and figures “under which. in consequence of the result of the referendum held on the nineteenth day of December. 1984. General Mobammad Zie-ul-Haq became the President of Pakistan on the day of the first nieeting of the Majlis-e- Shoora (Parliament) in joint sitting for the term specified in clause (J) of Anticle 41,” shall be omitted; and (b) for clause (6). the following shall be substituted. naimely:-56 (6). The laws poferved to.in clause (1) may be amended by the Appropriate [egisieture in the manner provided for amendment of such laws.”. 96. Substitution of new Article in the Constitution.-_ in the Constitution. for Article 270A, the following shall be substituted, namely:- “270AA. © Dectiratict ‘and continuance of laws etc.-(1) The Proclamation of imergenicy of the fourteenth day of October, 1999. the Provisional Constitution Order No.1 of 1999, the Oath of Office (Judges) Order, 2000 (No.1 of 2000). Chief Executive's Order No. 12 of 2002. Chief Fxecutive's Order No.19 of 2002. the amendments made in the Constitution through the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), ‘the Legal Framework (Amendment) Order, 2002 (Chief Exevutive's ‘Order’ No. 29 of 2002) and the Legal Framework (Second Amendment) Order: 2002 (Chief Executive's Order No. 32 of 2002), notwithstanding any judgment of any court including the Supreme Court or a High Court, are hereby declared as having been made without lawful authority and of no legal effect: (2) Except as provided in clause (1) and subject to the provisions of the Constitution (Eightbenttt Amendment) Act, 2010. all laws including President's Orders, Acts, Ordinances, Chief Executive's Orders. regulations, ‘enactinents, notifications, rules, orders or bye-laws made berween the twelfth day of October, one thousand nine hundred and ninety-nine and the thirty-first day of December, two thousand and three (both days inétusive) and still in force shall. continue to be in force until altered, repealed or amended by the competent authority. Explanation. or. the. purposes of clause (2) and clause (6). “competent authority" means.-(a) {b) 57 in respect of Presidents’ Orders, Ordinances, Chief Executive's Orders and ‘all other laws. the appropriate Legislature; and » in respect of notificaftons. rules, orders and bye-laws. the . authority in which the power to make, alter. repeal or amend (3) clause (1), or, Court. (a) (b) (4) the same vests under the law. Notwithstanding anything contained in the Constitution or judgment of any court including the Supreme Court or a High Judges of the Supreme Court. Htigh Courts and Federal Shariat Court who were holding the office of a Judge ot were appointed as such. and had taken oath under the Oath of Office (Iudges) Order, 2000, (I of 2000), shall be deemed ‘to have continued to hold the office as a Judge or to have been appointed as such,:as-the case may be, under the Constitution, and such continuance or appointment, shall have offop sccordingly._ Judges of the Supreme Court, High Courts and Federal Shariat Court who not having been’ given, o taken oath under the Oath of Office of (Judges) Order. 2000 (I of 2000), and ceased to hold the office of a Judge shall, for the purposes of pensionary benefits only, be deemed to have continued to hold office under the Constitution till their date of superannuation. All orders made, proceedings tken, appointments made, including secondments and deputations, and acts done by any authority, or by any person which were made, taken or done. or purported to have becn made, taken, or done, between the twelfth day of October, one thousand nine hundred and ninety-nine and the thirty first day of December, two58 thousand and three (both days inclusive), in exercise of the powers derived from any authority or laws mentioned in clause (2), or in execution of or in compliance with any orders made or sentences passed by any authority in the exercise or purported’ exercise of powers as aforesaid, shall. notwithstanding anything contained in clause (1), be deemed to be valid and shall not be called in question in any court or forum on any ground whatsoever. ©) prosecution or other legal proceedings, including writ petitions, shall lie'in any court or forum against any authority or any person. for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers’ referred to in clause (2) or clause (4) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers. (6) Notwithstanding omission of the Concurrent Legislative List by the Constitution (Eighteenth Amendment) Act, 2010, all laws with respect to any of the matters enumerated in the said List (including Ordinances, Orders, rules, bye-laws, regulations and notifications and other legal instruments having the force of law) in force in Pakistan or any part thereof. .or having extra-territorial operation, immediately before the commencement of the Constitution (Eighteenth Amendment) Act. 2010, shall continue to remain in force until altered, repealed or amended by the competent authority. (7) Notwithstanding anything contained in the Constitution, all taxes and fees levied under any law in force immediately before the commencement of the Constitution (Eighteenth Amendment) Act, 2010, shall continue to be levied until they are varied or abolished by an Act of the appropriate legislature,97. 39 ae : (8) On the omission of the Concurrent Legislative List. the process of devolution of the matters mentioned in the said List to the Provinces shall be completed by the thirtieth day of June, two thousand and eleven {9) For purposes of the devottation process onder clause (8), the Federal Government shall constitute ati: Imptementation Commission as it may deem’ fit within fifteen dys of the‘commencement of the Constitution (Bighteenth Amendment) Act, 2010.”. Amendment of Article 270B of the Cqnstitution.- In the Constitution, in Article 270B, after the figure and comma “1977,”, the words, commas, figures and brackets “and the Conduct of General Elections Order, 2002 (Chief Executive's ‘Order No.7 of 2002).” shall be inserted and shall be deemed always to have been so inserted with effect from the 21" day of August, 2002. 98, Insertion of new Article 276BB of the Cénstitution.- In the Constitution. afer Article 270B amended as aforesaid, the following new Anticle shall be inserted, namely:- ° 99. “270BB, General Elections 2068,~ NovWithdiatiding ariything contained in the Constitution of any other Inw for the time being in force, the General blections 2008, to the National Assembly and the Provincial Assemblies beld on the eighteenth day:of February.'two thowsand and eight shall be dcemed 16 have been held’ tinder the Constitution and shall have effect accordingly.” : Amendment of Anncx to the Constitution.- In the Constitution, in the Annex. in the Objectives Resolution, jn the sixth paragraph, afer the word “to” the word “freely” shall be inserted.60 100. Amendment of Third Schedule to the Constitution.- In the Constitution, in the Third Schediite,- M ay ay ay) in the Oath prescribed for the Prime Minister, for the figure “3” occurring in the brackets, the figure “5” shall be substituted; in ‘the Oath prescribed for the Chief Minister or Provincial Minister, for the figures and brackets “131(4)" the figures and brackets “130(5)” shall be substituted; in the Oath prescribed for the Speaker of a Provincial Assembly. for the words “I will discharge” the words and comma “and whenever I am called upon to act as Governor, I will discharge “ shail be substituted; and for the “Oath prescribed for the Chief Justice or a Judge of the Federal Shariat Court, the following shall be substinuted, namely :- “{Articie 203€ (7)] Niele (In the name of Allah, the most Beneficent, the most Merciful.) do solemnly swear that I will bear true That, as Chief Justice of the Federal Shariat Court (or a Judge of the Federal Shariat Court), 1 will discharge my duties, and perform my functions, honestly, to the best of my ability, and faithfully, in accordance with the Constitution of the Islamic Republic of Pakistan and the law: ‘That | will not allow my personal interest to influence my official conduct ‘or my official decisions. ‘That I will abide by the code of conduct issued by the Supreme Judicial Council:61 ‘That [ will preserve, protec. and

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