Professional Documents
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18th Amendment
18th Amendment
AND WHEREAS the people of Pakistan have relentlessly struggled for democracy and for
attaining the ideals of a Federal, Islamic, democratic, parliamentary and modern
progressive welfare State, wherein the rights of the citizens 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Constitution (Seventeenth Amendment) Act, 2003 (Act No. III of 2003), be repealed and
the Constitution further amended to achieve the aforesaid objectives;
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, etc.- Subject to Article 264 and the provisions of the Constitution
(Eighteenth Amendment) Act, 2010.
(a) the Legal Framework Order, 2002 (Chief Executive’s Order No. 24 of 2002), the
Legal Framework (Amendment) Order, 2002 (Chief Executive’s Order No. 29 of 2002)
and the Legal Framework (Second Amendment) Order, 2002 (Chief Executive’s Order No.
32 of 2002), 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legal effect and, therefore, shall stand repealed; and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hereby repealed.
(ii) in clause (2), after the word “abetting” the word “or collaborating” shall be
inserted; and
(iii) after clause (2) amended as aforesaid, the following new clause shall be inserted,
namely:
“(2A) An act of high treason mentioned in clause (1) or clause (2) shall not be validated
by any court including the Supreme Court and a High Court.”.
5. Insertion of new Article in the Constitution.—In the Constitution, after Article 10,
the following new Article shall be inserted, namely:—
“l0A. 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.”
(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 its funds in accordance with
law.”.
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 to
information in all matters of public importance subject to regulation and reasonable
restrictions imposed by law.”.
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.”.
“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.
(i) in paragraph (e), the word “and” at the end shall be omitted;
(ii) in paragraph (f), for the full stop at the end a semicolon and the word “;and”
shall be added and after paragraph (f) amended as aforesaid, the following new
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.” .
(i) in clause (3), the words, brackets and figure “to be elected after the term
specified in clause (7)” shall be omitted; and
“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)” .
(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 “,within ten days,” shall be
inserted; and
“(5) Where the President dissolves the National Assembly, notwithstanding anything
contained in clause (1), he shall, —
(a) appoint a date, not later than ninety days from the date of the dissolution, for the
holding of a general election to the Assembly; and
“(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”.
“51. National Assembly.—(1) There shall be three hundred and forty-two seats for
members in the National Assembly, including seats reserved for women and non-
Muslims.
(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 :—
(4) In addition to the number of seats referred to in clause (3), there shall be, in the
National Assembly, ten seats reserved for non-Muslims.
(5) The seats in the National Assembly shall be allocated to each Province, the
Federally Administered Tribal Areas and the Federal Capital on the basis of population in
accordance with the last preceding census officially published.
(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;
(b) each Province shall be a single constituency for all seats reserved for women
which are allocated to the respective Provinces under clause (3);
(c) the constituency for all seats reserved for non-Muslims shall be the whole
country;
(d) members to the seats reserved for women which are allocated to a Province
under clause (3) shall be elected in accordance with law through proportional
representation system of political parties’ lists of candidates on the basis of total number
of general seats secured by each political party from the Province concerned in the
National Assembly:
Provided that for the purpose of this paragraph the total number of general seats won by
a political party shall include the independent returned candidate or candidates who may
duly join such political party within three days of the publication in the official Gazette of
the names of the returned candidates; and
(e) 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 shall include the independent returned candidate or candidates who may
duly join such political party within three days of the publication in the official Gazette of
the names of the returned candidates.”
“58. Dissolution of the National Assembly.—(1) The President shall dissolve the
National Assembly if so advised by the Prime Minister; and the National Assembly shall,
unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the
Prime Minister has so advised.
(2) Notwithstanding anything contained in clause (2) of Article 48, the President may
also dissolve the National Assembly in his discretion where, a vote of no-confidence
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.”.
(b) eight shall be elected from the Federally Administered Tribal Areas, in such
manner as the President may, by Order, prescribe;
(c) 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;
(d) four women shall be elected by the members of each Provincial Assembly;
(e) four technocrats including ulema shall be elected by the members of each
Provincial Assembly; and
(f) 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.
(2) 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.
(3) The Senate shall not be subject to dissolution but the term of its members, who
shall 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;
(b) of the. members referred to in paragraph (b) of the aforesaid clause, four shall
retire after the expiration of the first three years and four shall retire after the expiration
of the next three years;
(ii) one elected on the seat reserved for technocrat shall retire after first three years
and the one elected on the seat reserved for women shall retire after the expiration of
the next three years;
(d) 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 shall retire after the expiration
of the next three years;
(e) 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
(f) of the members referred to in paragraph (f) 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 term of seats for non-Muslims shall
draw a lot as to which two members shall retire after the first three years.
(4) The term of office of a person elected to fill a casual vacancy shall be the
unexpired term of the member whose vacancy he has filled.”.
(b) 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 —
(i) any part of Pakistan, for election to a general seat or a seat reserved for a non-
Muslims; and
(ii) any area in a Province from which she seeks membership for election to a seat
reserved for women.
(c) he is, in the case of the Senate, not less 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;
(d) he is of good character and is not commonly known as one who violates Islamic
Injunctions;
(e) he has adequate knowledge of Islamic teachings and practices obligatory duties
prescribed by Islam as well as well abstains from major sins;
(g) he has not, after the establishment of Pakistan, worked against the integrity of
the country or opposed the ideology of Pakistan:
(2) The disqualifications specified in paragraphs (d) and (e) shall 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 Constitution.- In the Constitution, for Article 63,
the following shall be substituted, namely,
(e) 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
(f) being a citizen of Pakistan by virtue of section 14B of the Pakistan Citizenship
Act, 1951 (II of 1951), he is for the time being disqualified under any law in force in Azad
Jammu and Kashmir from being elected as a member of the Legislative Assembly of Azad
Jammu and Kashmir; or
(g) he has been convicted by a 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 a period of five years has elapsed since his release; or
h) he has been, on conviction for any offence involving moral turpitude, sentenced
to imprisonment for a term of not less than two years, unless a period of five years has
elapsed since his release; or
k) 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 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
(l) 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 any service undertaken by, Government:
Provided that the disqualification under this paragraph shall not apply to a person —
(i) 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 (XL VII of 1984), of which he is a shareholder
but is not a director holding an office of profit under the company; or
(iii) where he is a member of a Hindu undivided family and the contract has been
entered into by any other member of that family in the course of carrying on a separate
business in which he has no share or interest;
Explanation.—In this Article “goods” does not include agricultural produce or commodity
grown or produced by him or such goods as he is, under any directive of Government or
any law for the time being in force, under a duty or obligation supply; or
(m) he holds any office of profit in the service of Pakistan other than the following
offices, namely: —
(i) 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;
(iv) any office the holder whereof, by virtue of such office, is liable to be called up for
military training or military service under any law providing for the constitution or raising
of a Force; or
(n) he has obtained a loan for an amount of two million rupees or more, from any
bank, financial institution, cooperative society or cooperative body in his own name or in
the name of his spouse or any of his dependents, which remains unpaid for more than
one year from the due date, or has got such loan written off; or
(o) 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-Shoora (Parliament) or of Provincial Assembly under any law for the time being
inforce.
Explanation.-For the purposes of this paragraph “law” shall not include an Ordinance
promulgated under Article 89 or Article 128.
(2) If any question arises whether a 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 if he fail 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:—
(a) resigns from membership of his political party or joins another Parliamentary
Party; or
(b) votes or abstains from voting in the House contrary to any direction issued by the
Parliamentary Party to which he belongs, in relation to —
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.
(3) 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 shall lay the
declaration before the Election Commission for its decision thereon confirming the
declaration or otherwise within thirty days of its receipt by the Chief Election
Commissioner.
(4) 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 Election 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 Speaker of a
House.
(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 case 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 substituted as aforesaid shall come into effect from the next general
elections to be held after the commencement of the Constitution (Eighteenth
Amendment) Act, 2010:
Provided that till Article 63A substituted as aforesaid comes into effect the provisions of
existing Article 63A shall remain operative.”.
“70. Introduction and passing of Bills.— (1) A Bill with respect to any matter in the
Federal Legislative List may originate in either House and shall, if it is passed by the
House in which it originated, be transmitted to the other House; and, if the Bill is passed
without amendment by the other House also, it shall be presented to the President for
assent.
(2) If a Bill transmitted to a House under clause (1) is passed with amendments it
shall be sent back to the House in which it originated and if that House passes the Bill
with those amendments it shall be presented to the President for assent.
(3) If a 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.”.
Provided that simultaneously when a Money Bill, including the Finance Bill containing the
Annual Budget Statement, is presented in the National Assembly, a copy thereof shall be
transmitted to the Senate which may, within fourteen days, make recommendations
thereon to the National Assembly.”; and
(ii) after clause (1), substituted as aforesaid, the following new clause shall be
inserted, namely:
“(1A) 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.”.
(i) in clause (1), for the word “thirty”, the word “ten” shall be substituted;
“(2) When the President has returned a Bill to the Majlis-e-Shoora (Parliament), it
shall be reconsidered by the Majlis-e-Shoora (Parliament) in joint sitting and, if it is again
passed, with or without amendment, by the Majlis-e-Shoora (Parliament), by the votes of
the majority of the members of both Houses present and voting, it shall 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 shall be deemed to have been given.” ; and
(iii) in clause (3), after the word “assented”, the words “or is deemed to have
assented”, shall be inserted.
(i) in clause (1), before the words “National Assembly” the words “Senate or” shall
be inserted;
“Provided that the National Assembly may by a resolution extend the Ordinance for a
further period of one hundred and twenty days and it shall stand repealed at the
expiration of the extended period, or if before the expiration of that period a resolution
disapproving it is passed by the Assembly, upon the passing of that resolution:
Provided further that extension for further period may be made only once.”; and
(b) in sub-paragraph (ii), for the words “four 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 substituted and thereafter the following provisos shall 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; and
(a) an Ordinance laid before the National Assembly under sub-paragraph (i) of
paragraph (a) 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-paragraph(ii) of paragraph (a) of
clause (2) shall be deemed to be a Bill introduced in the House where it was first laid.”.
(2) In the performance of his functions under the Constitution, the Prime Minster
may act either directly or through the Federal Ministers.”.
“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 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
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 total
membership of the National Assembly:
Provided that, if no member secures such majority in the first poll, a second poll shall be
held between the members who secure the two highest numbers of votes in the first poll
and the member who secures a majority of votes of the members present and voting
shall be declared to have been elected as Prime Minister:
Provided further that, if the number of votes secured by two or more members securing
the highest number of votes is equal, further poll shall be held between them until one of
them secures a majority of votes of the members present and voting.
(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, together with the Ministers of State, shall be collectively responsible
to the Senate and the National Assembly.
(7) The Prime Minister shall 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 of the majority of the members of the
National Assembly, in which case he shall summon the National Assembly and require the
Prime Minister to obtain a vote of confidence from the Assembly.
(8) The Prime Minister may, by writing under his hand addressed to the President,
resign his office.
(9) A Minister who for any period of six consecutive months is not a member of the
National Assembly shall, at the expiration of that period, cease to be a Minister and shall
not before the dissolution of that Assembly be again appointed a Minister unless he is
elected a member of that Assembly:
Provided that nothing contained in this clause shall apply to a Minister who is member of
the Senate.
(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. “
(i) for the brackets and figures “(7) and (8)” the brackets and figures “(9) and (10)”
shall be substituted; and
(ii) in the proviso, for full stop at the end a colon shall be substituted and thereafter
the following provisos shall be inserted, namely:—
“Provided further that the total strength of the Cabinet, including Ministers of State, shall
not exceed a eleven percent of the total membership of Majlis-e-Shoora (Parliament):
Provided also that the aforesaid amendment shall be effective from the next general
election held after the commencement of the Constitution (Eighteenth Amendment) Act,
2010.”.
(i) In clause (2), for the word “President” occurring for the first time the words
“Federal Government” shall be substituted and for the words “in his name” the words “in
the name of the President” shall be substituted; and
“(3) The Federal Government shall also make rules for the allocation and transaction
of its business. ” .
“(1) There shall be a Governor for 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 functions of Governor in his
absence.- When the Governor, by reason of absence from Pakistan or for any other
cause, is unable to perform his functions, the Speaker of the Provincial Assembly and in
his absence any other person as the President may nominate shall perform the functions
of Governor until the Governor returns to Pakistan or, as the case may be, resumes his
functions.”.
35. Amendment of Article 105 of the Constitution.- In the Constitution, in Article
105, —
(i) in clause (1), after the word “act” the words “on and” shal 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,” shall be inserted; and
“(3) Where the Governor dissolves the Provincial Assembly, notwithstanding anything
contained in clause (1), he shall,—
(a) appoint a date, not later than ninety days from the date of dissolution, for the
holding of a general election to the Assembly; and
36. Amendment of Article 106 of the Constitution,— In the Constitution, for Article
106, the following shall be substituted and shall be deemed always to have been so
substituted with effect from 21st day of August, 2002, namely: —
Balochistan 51 11 3 65
(c) his name appears on the electoral roll for any area in the Province; and
(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;
(b) each Province shall be a single constituency for all seats reserved for women and
non- Muslims allocated to the respective Provinces under clause (1);
(c) the members to fill seats reserved for women and non-Muslims allocated to a
Province under clause (1) shall be elected in accordance with law through proportional
representation system of political 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 number of general seats won
by a political party shall include the independent returned candidate or candidates who
may duly join such political party within three days of the publication in the official
Gazette of the names of the returned candidates.”.
37. Substitution Article 112 in the Constitution.— In the Constitution, for Article
112, the following shall be substituted, namely: —
“112. Dissolution of Provincial Assembly.-(l) The Governor shall dissolve the Provincial
Assembly if so advised by the Chief Minister; and the Provincial Assembly shall, unless
sooner dissolved, stand dissolved at the expiration of forty-eight hours after the Chief
Minister has so advised.
Explanation.- Reference in this Article to ‘Chief Minister’ shall not be construed to include
reference to a Chief Minister against whom a notice of a resolution for a vote of no-
confidence has been given in the Provincial Assembly but has not been voted upon or
against whom a resolution for a vote of no-confidence has been passed.
(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 the majority of the members of the Provincial Assembly in
accordance with the provisions of the Constitution, as ascertained in a session of the
Provincial Assembly summoned for the purpose.”.
(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), after the word “assented” the words “or is deemed to have
assented” shall be inserted.
“Provided that the Provincial Assembly may by a resolution extend the Ordinance for a
further period of ninety days and it shall stand repealed at the expiration of the extended
period, or if before the expiration of that period a resolution disapproving it is passed by
the Assembly, upon the passing of that resolution:
Provided further that extension for a further period may be made only once.”.
42. Substitution of Article 129 of the Constitution.— In the Constitution, for Article
129, the following shall be substituted, namely: —
“129. The Provincial Government.— (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.”.
43. Substitution of Article 130 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 Assembly shall meet on the twenty-first day following the day on
which a general election to the Assembly is held, unless sooner summoned by the
Governor.
(3) After the election of the Speaker and the Deputy Speaker, the Provincial
Assembly shall, to the exclusion of any other business, proceed to elect without debate
one of its members to be the Chief Minister.
(4) The Chief Minister shall be elected by the votes of the majority of the total
membership of the Provincial Assembly:
Provided that, if no member secures such majority in the first poll, a second poll shall be
held between the members who secure the two highest numbers of votes in the first poll
and the member who secures a majority of votes of the members present and voting
shall be declared to have been elected as Chief Minister:
Provided further that, if the number of votes secured by two or more members securing
the highest number of votes is equal, further polls shall be held between them until one
of them secures a majority of votes of the members present and voting.
(5) The member elected under clause (4) shall be called upon by the Governor to
assume 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 fifteen 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 (Eighteenth Amendment) Act, 2010.
(7) The Chief Minister shall hold office during the pleasure of the Governor, but the
Governor shall not exercise his powers under this clause unless he is satisfied that the
Chief Minister does not command the confidence of the majority of the members of the
Provincial Assembly, in which case he shall summon the Provincial Assembly and require
the Chief Minister to obtain a vote of confidence from the Assembly.
(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 a Minister and shall
not before the dissolution of that Assembly be again appointed a Minister unless he is
elected a member of that Assembly.
(10) Nothing contained in this Article shall be construed as disqualifying the Chief
Minister or any other Minister for continuing in office during any period during which the
Provincial Assembly stands dissolved, or as preventing the appointment of any person as
Chief Minister or other Minister during any such period.
(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.— The Chief Minister shall keep the Governor
informed on matters relating to Provincial administration and on all legislative proposals
the Provincial Government intends to bring before the Provincial Assembly.”
(i) in clause (2), for the word “Governor” occurring for the first time the words
“Provincial Government” shall be substituted and for the words “in his name” the words
“in the name of Governor” shall be substituted; and
“(3) The Provincial Government shall also make rules for the allocation and transaction of
its business. “.
48. Insertion of new Article in the Constitution.— In the Constitution, after Article
140 amended as aforesaid, the following new Article shall be inserted, namely:
“140A. Local Government.- Each Province shall, by law, establish a local government
system and devolve political, administrative and financial responsibility and authority to
the elected representatives of the local governments.
(2) Elections to the local governments shall be held by the Election Commission of
Pakistan.”.
“(b) Majlis-e-Shoora (Parliament) and a Provincial Assembly shall have power to make
laws with respect to criminal law, criminal procedure and evidence.”.
“(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 and Provincial law.— If any provision of an Act of a
Provincial Assembly is repugnant to any provision of an Act of Majlis -e-Shoora
(Parliament) which Majlis-e-Shoora (Parliament) is competent to enact, then the Act of
Majlis-e-Shoora (Parliament), whether passed before or after the Act of the Provincial
Assembly, shall prevail and the Act of the Provincial Assembly shall, to the extent of the
repugnancy, be void.”
(i) in the marginal note, for the word “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.
“Provided that the Provincial Government shall get the functions so entrusted ratified by
the Provincial Assembly within sixty days.”.
“(2) The Council shall consist of (a) the Prime Minister who shall be the Chairman of
the Council;
(c) three members from the Federal Government to be nominated by the Prime
Minister from time to time.”;
(iii) in clause (4), after the word “Parliament” occurring in the brackets at the end,
the words “and shall submit an Annual Report to both Houses of Majlis-e-Shoora
(Parliament)” shall be added.
“(1) The Council shall formulate and regulate policies in relation to matters in Part II
of the Federal Legislative List and shall exercise supervision and control over related
institutions.”;
(ii) 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: —
“(2) The Council shall be constituted within thirty days of the Prime Minister taking
oath of office.
(3) The Council shall have a permanent Secretariat and shall meet at least once in
ninety days:
Provided that the Prime Minister may convene a meeting on the request of a Province on
an urgent matter.”.
56. Amendment of Article 155 of the Constitution.—In the Constitution, for Article
155, in clause (1) after the word “supply” the words “or reservoir” shall be inserted.
57. Substitution of Article 156 in the Constitution.—In the Constitution, for Article
156, the following shall 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.
(2) The National Economic Council shall review the overall economic condition of the
country and shall, for advising the Federal Government and the Provincial Governments,
formulate plans in respect of financial, commercial, social and economic policies; and in
formulating such plans it shall, amongst other factors, ensure balanced development and
regional. equity and shall also be guided by the Principles of Policy set out in Chapter 2 of
Part-II.
(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.
(5) The Council shall be responsible to the Majlis-e-Shoora (Parliament) and shall
submit an Annual Report to each House of Majlis-e-Shoora (Parliament).”.
(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 shall, prior to taking a decision to construct or
cause to be constructed, hydro-electric power stations in any Province, shall consult the
Provincial Government concerned.”; and
(ii) after clause (2), the following new clause shall be added, namely:
“(3) In case of any dispute between the Federal Government and a Provincial
Government in respect of any matter under this Article, any of the said Governments
may move the Council of Common Interests for resolution of the dispute.”.
“(3A) The share of the Provinces in each Award of National Finance Commission shall
not be less than the share given to the Provinces in the previous Award.
(3B) 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.”.
(a) 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 oil is situated.
“(4) A Province may raise domestic or international loan, or give guarantees on the
security of the Provincial Consolidated Fund within such limits and subject to such
conditions as may be specified by the National Economic Council. ” .
(ii) after clause (3), amended as aforesaid, the following new clause shall be
inserted, namely:
“(3A) The other terms and conditions of service of the Auditor-General shall be
determined by Act of Majlis-e-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 substituted.
63. Amendment of Article 170 of the Constitution.—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 under the control of, the Federal
or a Provincial Government shall be conducted by the Auditor-General, who shall
determine the extent and nature of such audit.”.
64. Amendment of Article 171 of the Constitution.—In Article 171, for the words
‘the National Assembly” the words and brackets “both Houses of Majlis-e-Shoora
(Parliament)” shall be substituted.
(i) in clause (2), for the word “within” occurring for the second time the word
“beyond” shall be substituted; and
(ii) after clause (2) amended as aforesaid, the following new clause shall be
inserted, namely: —
“(3) Subject to the existing commitments and obligations, mineral oil and natural gas
within the Province or the territorial waters adjacent thereto shall vest jointly and equally
in that Province and the Federal Government.”.
66. Amendment of Article 175 of the Constitution.—In the Constitution, in Article
175, in clause (1), after the word “Province” the words “and a High Court for the
Islamabad Capital Territory” shall be 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 in the Constitution.—In the Constitution, after Article
175, the following new Article shall be inserted, namely: —
“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 Federal Shariat Court, as hereinafter provided.
(2) For appointment of Judges of the Supreme Court, the Commission shall consist of
—
(3) Notwithstanding anything contained in clause (1) or clause (2), the President
shall appoint the most senior Judge of the Supreme Court as the Chief Justice of
Pakistan.
(5) For appointment of Judges of a High Court, the Commission in clause (2) shall
also include the following, namely:—
(i) Chief Justice of the High Court to which the Member appointment
is being made;
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.
(6) For appointment of Judges of the Islamabad High Court, the Commission in
clause (2) shall also include the following, namely:
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.
(7) For appointment of Judges of the Federal Shariat Court, the Commission in clause
(2) shall also include the Chief Justice of the Federal Shariat Court and the most senior
Judge of that Court as its members:
Provided that for appointment of Chief Justice of Federal Shariat Court, the provisos to
clause (5) shall, mutatis mutandis, apply.
(10) Out of the eight members of the Committee, four shall be from the Treasury
Benches, two from each House and four from the Opposition Benches, two from each
House. The nomination of members from the Treasury Benches shall be made by the
Leader of the House and from the Opposition Benches by the Leader of the Opposition.
(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 Committee shall 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 procedure.
“(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 175 A.”.
“(1) The Chief Justice and each of other Judges of a High Court shall be appointed by
the President in accordance with Article I75A.”
(ii) in clause (2), for the word “forty” the word “forty-five” shall be substituted and
shall be deemed always to have been so substituted with effect from the 21st day of
August, 2002.
“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”.
(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.”
(ii) 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.
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.”.
(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, research or instruction”
shall be substituted;
(iii) in clause (4), in the proviso, the words “for a period exceeding two years” shall
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.”;
(vi) for clause (9), the following shall be substituted and shall be deemed always to
have been so substituted with effect from the 21st 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 High Court shall 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 amount of such pension shall be deducted from the pension
admissible under this clause. ” .
“(5) If, on information from any source, the Council or the President is of the opinion
that a Judge of the Supreme Court or of a High Court—
(a) may be incapable of properly performing the duties of his office by reason of
physical or mental incapacity; or
the President shall direct the Council to, or the Council may, on its own motion, inquire
into the matter.” .
77. Amendment of Article 213 of the Constitution.—In the Constitution, in Article
213,—
(i) in clause (1), the words “in his discretion” shall be omitted;
(ii) after clause (2), the following new clauses shall be inserted, namely:
“(2A). The Prime Minister shall in consultation with the Leader of the Opposition in the
National Assembly, forward three names for appointment of the Commissioner to a
Parliamentary Committee for hearing and confirmation of any one person.
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 strength of the Parliamentary Committee shall not exceed
twelve members out of which one-third shall be from 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,mutatis mutandis. apply.”.
(i) 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
(i) in paragraph (a), for the semicolon and the word “,and” a full stop shall be
substituted; and
(a) the Commissioner who shall be the Chairman of the Commission; and
(b) 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.”.
(i) for the word “Commissioner” the word “Commission” shall be substituted; and
(ii) in paragraph (c), for the full 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-e-Shoora
(Parliament).”.
“(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
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 :—
Provided that 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 advice of the care-taker Prime Minister or the care-taker Chief
Minister, as the case may be.
(IB) Members of the care-taker Cabinets including the care -taker Prime Minister and
the care-taker Chief Minister and their immediate family members shall not be eligible to
contest the immediately following elections to such Assemblies.
Explanation.- In this clause “immediate family members” means spouse and children.”:
and
(iii) after clause (5) the following new clause shall be inserted and shall be deemed
always to have been so inserted with effect from the 21st 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 226 of the Constitution.—In the Constitution, for Article
226, the following shall be substituted, namely:—
“226. Election by secret ballot.- All elections under the Constitution, other than those of
the Prime Minister and the Chief Minister, shall be by secret ballot.”.
“Provided that for imposition of emergency due to internal disturbances beyond the
powers of a Provincial Government to control, a Resolution from the Provincial Assembly
of that Province shall be required:
Provided further that if the President acts on his own, the Proclamation of Emergency
shall be placed before both Houses of Majlis-e-Shoora (Parliament) for approval by each
House within ten days.”.
(ii) for the words “at a joint sitting” the words “by each House separately” shall be
substituted.
(i) in clause (1A), for the words “in 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, namely:
“(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, namely:—
“243. Command of Armed Forces.—(1) The Federal Government shall have control and
command of the Armed Forces.
(2) Without prejudice to the generality of the foregoing provision, the Supreme
Command of the Armed Forces shall vest in the President.
(a) to raise and maintain the Military, Naval and Air Forces of Pakistan; and the
Reserves of such Forces; and
(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 (ii), the following new sub-paragraphs shall be inserted,
namely:—
93. Insertion of new Articles in the Constitution.—In the Constitution, after Article
267, the following new Articles shall be inserted, namely:—
“267A. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the
provisions of the Constitution (Eighteenth 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 Houses in a joint sitting which may by a
resolution direct that the provisions of the Act shall, during such period as may be
specified in the resolution, have effect, subject to such adaptations, whether by way of
modification, addition or omission, as may be deemed necessary or expedient:
Provided that this power shall be available for a period of one year from the
commencement of the Act.
267B. Removal of doubt.- For removal of doubt it is hereby declared that Article
152A omitted and Articles 179 and 195 substituted by the Constitution (Seventeenth
Amendment) Act, 2003 (Act No. III of 2003), notwithstanding its repeal, shall be deemed
always to have been so omitted and substituted.”.
(a) in clause (1), the words, commas, brackets and figures “under which, in
consequences of the result of the referendum held on the nineteenth day of December,
1984, General Mohammad Zia-ul-Haq become the President of Pakistan on the day of the
first meeting of the Majlis-e-Shoora (Parliament) in joint sitting for the term specified in
clause (7) of Article 41,” shall be omitted : and
96. Substitution of new Article in the Constitution.—In the Constitution, for Article
270AA, the following shall be substituted, namely:
(2) Except as provided in clause (1) and subject to the provisions of the Constitution
(Eighteenth Amendment) Act, 2010, all other laws including President’s Orders, Acts,
Ordinances, Chief Executive’s Orders, regulations, enactments, notifications, rules, orders
or bye-laws made between the twelfth day of October, one thousand nine hundred and
ninety-nine and the thirty -first day of October, two thousand and three (both days
inclusive) and still in force shall, continue to be in force until altered, repealed or
amended by the competent authority.
Explanation.- For the purposes of clause (2) ‘and clause (6), “competent authority”
means, —
(a) in respect of Presidents’ Orders, Ordinances, Chief Executive’s Orders and all
other laws, the appropriate Legislature; and
(b) in respect of notifications, rules, orders and bye-laws, the authority in which the
power to make, alter, repeal or amend the same vests under the law.
(a) Judges of the Supreme Court, High Courts and Federal Shariat Court who were
holding the office of a Judge or were appointed as such, and had taken oath under the
Oath of Office (Judges) Order, 2000, (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 effect accordingly.
(b) Judges of the Supreme Court, High Courts and Federal Shariat Court who not
having been given or taken oath under the Oath of Office of (Judges) Order, 2000 (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.
(4) All orders made, proceedings taken, appointments made, including secondments
and deputations, and acts done by any authority, or by any person which were made,
taken or done, or purported to have been made, taken or done, between the twelfth day
of October, one thousand nine hundred and ninety-nine and the thirty first day of
December, two thousand and three (both 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.
(5) No suit, prosecution or other legal proceedings, including writ petitions, shall lie
in any court or forum against any authority or any person, for or on account of or in
respect of any order made, proceedings taken or act done whether in the exercise or
purported exercise of the powers referred to in clause (2) or 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.
(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 devolution process under clause (8), the Federal Government
shall constitute an Implementation Commission as it may deem fit within fifteen days of
the commencement of the Constitution (Eighteenth Amendment) Act, 2010.”.
98. Insertion of new Article 270BB of the Constitution.—In the Constitution, after
Article 270B, amended as aforesaid, the following new Article shall be inserted, namely:
—
(i) in the Oath prescribed for the Prime Minister, for the figure “3″ occurring in the
brackets, the figure “5″ shall be substituted;
(ii) 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;
(iii) 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” shall be substituted; and
(iv) for the Oath prescribed for the Chief Justice or a Judge of the Federal Shariat
Court, the following shall be substituted, namely:—
(In the name of Allah, the most Beneficent, the most Merciful.)
That, as Chief Justice of the Federal Shariat Court (or a Judge of the Federal Shariat
Court), I 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 I 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:
That I will preserve, protect and defend the Constitution of the Islamic Republic of
Pakistan:
And that, in all circumstances, I will do right to all manner of people, according to law,
without fear or favour, affection or ill-will.
(i) in entry 18, in sub-entry (c) for the full stop at the end the semicolon and a
word “;and” shall be added and after sub-entry( c) amended as aforesaid, the following
new sub-entry shall be added, namely:—
“(d) boilers.”.
(v) in entry 49, after the word “consumed” the comma and words “, except sales tax
on services” shall be added.
(vi) in entry 50, after the word “taxes” the words “on capital gains” shall be omitted.
(i) entries 4,5,6,7, and 8 shall be renumbered as entries 14, 15,16, 17 and 18,
respectively, and
(ii) after entry 3, the following new entries shall be inserted, namely:—
“4. Electricity.
5. Major ports, that is to say, the declaration and delimitation of such ports, and the
constitution and powers of port authorities therein.
1. Census.
(3) The Concurrent Legislative List and the entries thereto from 1 to 47 (both
inclusive) shall be omitted.
102. Omission of the Sixth and the Seventh Schedule in the Constitution.—In the
Constitution, the Sixth Schedule and the Seventh Schedule shall be omitted.