Month: April 2021

89. Power of President to promulgate Ordinances.-(1) The President may, except when the 1[Senate or] National Assembly is in session, if satisfied that circumstances exist which render it necessary to take immediate action, make and promulgate an Ordinance as the circumstances may require.(2) An Ordinance promulgated under this Article shall have the same force and effect as an Act of 2[Majlis-e-Shoora (Parliament)] and shall be subject to like restrictions as the power of 2[Majlis-e-Shoora (Parliament)] to make law, but every such Ordinance-(a) shall be laid –
    (i) before the National Assembly if it 3[contains provisions dealing with all or any of the matters specified in clause (2) of Article 73], and shall stand repealed at the expiration of 4[one hundred and twenty days] from its promulgation or, if before the expiration of that period a resolution disapproving it is passed by the Assembly, upon the passing of that resolution 4[ : ]

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may by a resolution extend the Ordinance for a further period of one hundred and twenty days and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution disapproving it is passed by the Assembly, upon the passing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

(ii) before both Houses if it 5[does not contain provisions dealing with any of the matters referred to in sub-paragraph (i)], and shall stand repealed at the expiration of 6[one hundred and twenty days] from its promulgation or, if before the expiration of that period a resolution disapproving it is passed by either House, upon the passing of that resolution 6[ : ]

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that either House may by a resolution extend it for a further period of one hundred and twenty days and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution disapproving it is passed by a House, upon the passing of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

(b) may be withdrawn at any time by the President.

7[(3) without prejudice to the provisions of clause (2),-

(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.]

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Footnotes:

1. Section 27(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), inserted the said words, before the words “National Assembly”, in clause (1) of Art. 89, (w.e.f. April 19, 2010).
2. See Footnote 2 on page 4.
3. Section 2(a) of the Constitution (Second Amendment) Order, 1985 of P.O. No. 20 of 1985 substituted the said words and figure in place of the words “is with respect to a matter in Part I of the Federal Legislative List”, in sub paragraph (i) of paragraph (a) of clause (2) of Art. 89, (w.e.f. March 17, 1985).
4. Section 27(ii)(a) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted the said words, in place of the words “four months”, in sub-paragraph (i) of paragraph (a) of clause (2) of Art. 89 and thereafter substituted a colon, in place of the semi colon, at the end of the said sub-paragraph and inserted a new proviso thereto, (w.e.f. April 19, 2010).
5. Section 2(b) of the Constitution (Second Amendment) Order, 1985 of P.O. No. 20 of 1985 substituted the said words and figure in place of the words “is with respect to a matter in Part II of the Federal Legislative List or a matter in the Concurrent Legislative List”, to sub paragraph (ii) of paragraph (a) of clause (2) of Art. 89, (w.e.f. March 17, 1985).

• Item 20 of the schedule to P.O. 14 of 1985 effected major amendments in Articles 90 to 95 and deleted Article 96, (w.e.f. March 2, 1985).

1. Section 27(ii)(b) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted the said words, in place of the words “four months”, in sub-paragraph (ii) of paragraph (a) of clause (2) of Art. 89 and thereafter substituted a colon, in place of the semi colon, at the end of the said sub-paragraph and inserted a new proviso thereto, (w.e.f. April 19, 2010).
2. Section 27(iii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), also substituted clause (3) of Art. 89, in its present form, (w.e.f. April 19, 2010), in place of the said clause as adopted in 1973, that read :

“(3) Without prejudice to the provisions of clause (2), an Ordinance laid before the National Assembly, shall be deemed to be a Bill introduced in the National Assembly.”

Leading & Latest Cases on Article 89 of the Constitution of Pakistan, 1973 :

P L D 2000 SC 26
FEDERATION OF PAKISTAN AND OTHERS
M. NAWAZ KHOKHAR AND OTHERS
2005 YLR 1565
MIAN HUSNAIN AHMAD
STATION HOUSE OFFICER AND OTHERS
P L D 2005 LAHORE 150
MUHAMMAD RAFIQUE
FEDERATIO OF PAKISTAN
2005 CLC 452 MESSRS HINOPAK MOTORS LTD. AND OTHERS FEDERATION OF PAKISTAN AND OTHERS
2006 YLR 425
LT. GENERAL (RETD) JAMSHAID GULZAR, CHAIRMAN, FPSC
FEDERATION OF PAKISTAN THROUGH SECRETARY ESTABLISHMENT
P L D 2008 SC 178 TIKA IQBAL MUHAMMAD KHAN GENERAL PERVEZ MUSHARAF & OTHERS
P L D 2009 SC 879
SINDH HIGH COURT BAR ASSOCIATION THROUGH ITS SECRETARY AND ANOTHER
FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF LAW AND JUSTICE

8. Laws inconsistent with or in derogation of Fundamental Rights to be void.- (1) Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred by this Chapter, shall, to the extent of such inconsistency, be void.

(2) The State shall not make any law which takes away or abridges the rights so conferred and any law made in contravention of this clause shall, to the extent of such contravention, be void.

(3) The provisions of this Article shall not apply to–

(a) Any law relating to members of the Armed Forces, or of the Police or of such other forces as are charged with the maintenance of public order, for the purpose of ensuring the proper discharge of their duties or the maintenance of discipline among them; or

1[(b) any of the-

(i) laws specified in the First Schedule as in force immediately before the commencing day or as amended by any of the laws specified in that Schedule;

(ii) other laws specified in, Part I of the First Schedule;]

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

(4) Notwithstanding anything contained in paragraph (b) of clause (3), within a period of two years from the commencing day, the appropriate Legislature shall bring the laws specified in 2[Part II of the First Schedule] into conformity with the rights conferred by this Chapter:

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

Explanation.-If in respect of any law 3[Majlis-e-Shoora (Parliament)] is the appropriate Legislature, such resolution shall be a resolution of the National Assembly.

(5) The rights conferred by this Chapter shall not be suspended except as expressly provided by the Constitution.

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Footnotes:

1. Section 2 of the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), substituted paragraph (b) of clause 3 of Art. 8, in its present form, (w.e.f. November 21. 1975), in place of the paragraph as adopted in 1973, that read :
   “(b) any of the laws specified in the first schedule as in force immediately before the commencing day a[or as amended by any of the laws specified in that schedule;] a Section 3 of the Constitution (First Amendment) Act, 1974, added the said words to paragraph (b) of clause 3 of Art. 8, (w.e.f. May 4, 1974).
2. Section 2(b) of the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), substituted the said words in place of the words “the First Schedule, not being a law which relates to, or is connected with economic reforms” in clause 4 of Art. 8, (w.e.f November 21, 1975).
3. See Footnote 2 of Article 1.

Comparative Table of Article 8 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
6
Constitution of Pakistan 1956 :
4
Constitution of India 1950:
13

Government of India Act 1935:

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Leading & Latest Cases on Article 8 of the Constitution of Pakistan, 1973 :

P L D 1958 SC 533
P L D 1977 SC 397

STATE
FEDERATION OF PAKISTAN AND OTHERS
DOSSO AND ANOTHER
UNITED SUGAR MILLS LTD. KARACHI
P L D 1988 SC 416 BENAZIR BHUTTO FEDERATION OF PAKISTAN AND OTHERS
P L D 1990 SC 295
SHRIN MUNIR AND OTHERS
GOVERNMENT OF PUNJAB AND ANOTHER
P L D 1990 KARACHI 342 FARHAT JALEEL AND OTHERS PROVINCE OF SINDH AND OTHERS
1996 MLD 1078
DR. SUHAIL ABBAS KHAN
PUNJAB PROVINCE THROUGH CHEIF SECRETARY, CIVIL SECRETARIAT, LAHORE
P L D 2004 LAHORE 599 MUHAMMAD FIAZ GOVERNMENT OF THE PUNJAB AND OTHERS
P L D 2005 LAHORE 428 SYEDA SHAZIA IRSHAD BOKHARI GOVERNMENT OF PUNJAB
P L D 2005 SC 719 PAKISTAN LAWYERS FORUM AND OTHERS FEDERATION OF PAKISTAN AND OTHERS
P L D 2007 KARACHI 139 SALEEM RAZA AND OTHERS THE STATE
P L D 2007 LAHORE 568 ANOOSHA SHAIGAN LAHORE UNIVERSITY OF MANAGEMENT SCIENCE THROUGH CHANCELLOR AND OTHERS
2009 CLD 257 MUHAMMAD UMAR RATHORE FEDERATION OF PAKISTAN
P L D 2009 LAHORE 240 CH. MOHAMMAD ISHAQUE ADVOCATE CANTONMENT EXECUTIVE OFFICER, CHUNION, DISTRICT KASUR
P L D 2010 SC 1 DR. MOBASHIR HASSAN & OTHERS FEDERATION OF PAKISTAN
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73. Procedure with respect to Money Bills.— 1[(1) Notwithstanding anything contained in Article 70, a Money Bill shall originate in the National Assembly :
    Provided that simultaneously when a Money Bill, including the Finance Bill containing the Annual Budget Statement, is presented in the National Assembly, a copy thereof shall be transmitted to the Senate which may, within fourteen days, make recommendations thereon to the National Assembly.]

2[(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.]

(2) For the purposes of this Chapter, a Bill or amendment shall be deemed to be a Money Bill if it contains provisions dealing with all or any of the following matters, namely:—

(a) the imposition, abolition, remission, alteration or regulation of any tax;

(b) the borrowing of money, or the giving of any guarantee, by the Federal Government, or the amendment of the law relating to the financial obligations of that Government;

(c) the custody of the Federal Consolidated Fund, the payment of moneys into, or the issue of moneys from, that Fund;

(d) the imposition of a charge upon the Federal Consolidated Fund, or the abolition or alteration of any such charge;

(e) the receipt of moneys on account of the Public Account of the Federation, the custody or issue of such moneys;

(f) the audit of the accounts of the Federal Government or a Provincial Government; and

(g) any matter incidental to any of the matters specified in the preceding paragraphs.

(3) A Bill shall not be deemed to be a Money Bill by reason only that it provides-

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

(b) for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

(4) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the National Assembly thereon shall be final.

(5) Every Money Bill presented to the President for assent shall bear a certificate under the hand of the Speaker of the National Assembly that it is a Money Bill, and such certificate shall be conclusive for all purposes and shall not be called in question.

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Footnotes:

1. Section 25(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), reinserted clause (1) and its proviso to Art. 73, in its present from, (w.e.f. April 19, 2010), in place of the said clause (1) and its proviso, as substituted by item 11 of the schedule to C.E.O. No. 24 of 2002, (w.e.f. August 21, 2002) and validated by Section 10 the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (w.e.f. December 31, 2003). Clause (1) of the said Art., as adopted in 1973, read :

“(1) Notwithstanding anything contained in Article 70 a*[ * * * *] a money Bill shall originate in the National Assembly and after it has been passed by the Assembly it shall, without being transmitted to the Senate, be presented to the President for assent.”

a* Item 18 of the schedule to P.O. No. 14 of 1985, deleted the words “or Article 71”, (w.e.f. March 2, 1985).

2. Section 25(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), reinserted clause (1A) to Art. 73, in its present from, (w.e.f. April 19, 2010). The said clause (1A), was inserted by substitution by item 11 of the schedule to C.E.O. No. 24 of 2002, (w.e.f. August 21, 2002) and validated by Section 10 the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (w.e.f. December 31, 2003).

Comparative Table of Article 73 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
47
Constitution of Pakistan 1956 :
58
Constitution of India 1950:
109
Government of India Act 1935:
30

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Leading & Latest Cases on Article 73 of the Constitution of Pakistan, 1973 :

P L D 1989 SC 75
REFERENCE NO. 1 OF 1988 MADE BY THE PRESIDENT OF PAKISTAN
UNDER ARTICLE 186 OF THE CONSTITUTION OF PAKISTAN
1990 MLD 126
GUL AHMAD TEXTILE MILLS LIMITED
COLLECTOR, CUSTOM (APPRAISEMENT), CUSTOMS HOUSE, KARACHI
1994 CLC 420
MESSRS A.G.E. ELECTRIC CO.
GOVERNMENT OF PAKISTAN AND ANOTHER
P L D 2000 SC 225
Dr. M. Aslam Khaki
Syed Muhammad Hashim and 2 others

A. Disqualification on grounds of defection, etc.-(l) If a member of a Parliamentary Party composed of a single political party in a House­—

(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—

(i) 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 concerned:

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

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

(2) 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.

(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.

(7) 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 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.

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Footnotes:

1. Section 22 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted Art. 63A, in its present form, (w.e.f. April 19, 2010), in place of the Art. as substituted by Item 8 of the Schedule to C.E.O. No. 24 of 2002 and validated by Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), that read :

[63A. Disqualification on grounds of defection, etc.—(1) If a member of a Parliamentary Party composed of a single political party in a House—

(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—

(i) 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;

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

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

(2) 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.

(3) Upon receipt of the declaration under clause (1), the Presiding Officer of the House shall within two days refer 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 three months 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.

(7) 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 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.]

Art. 63A as adopted by section 2 of the Constitution (Fourteenth Amendment) Act, 1997 (24 of 1997), (w.e.f July 4, 1997), read :

[63A. Disqualification on ground of defection, etc. -(1) If a member of a Parliamentary Party defects, he may by means of a notice in writing addressed to him by the Head of the Political Party, or such other person as may be authorised in this behalf by the Head of the Political Party, be called upon to show cause, within not more than seven days of such a notice, as to why a declaration under clause (2) should not be made against him. If a notice is issued under this clause, the Presiding Officer of the concerned House shall be informed accordingly.

Explanation. – A member of a House shall be deemed to defect from a political party if he, having been elected as such, as a candidate or nominee of a political party, or under a symbol of political party or having been elected otherwise than as a candidate or nominee of a political party, and having become a member of a political party after such election by means of a declaration in writing.

(a) commits a breach of party discipline which means a violation of the party Constitution, code of conduct and declared policies, or

(b) votes contrary to any direction issued by the Parliamentary Party to which he belongs, or

(c) abstains from voting in the House against party policy in relation to any Bill.

(2) Where action is proposed to be taken under the Explanation to Clause (1), sub-clause (a), the disciplinary committee of the party, on a reference by the Head of the Party, shall decide the matter, after giving an opportunity of a personal hearing to the member concerned within seven days. In the event the decision is against the member, he can file an appeal, within seven days, before the Head of the Party, whose decision thereon shall be final in cases covered by the Explanation to clause (1), sub-clauses (b) and (c), the declaration may be made by the Head of the Party concerned after examining the explanation of the member and determining whether or not that member has defected.

(3) The Presiding Officer of the House shall be intimated the decision by the Head of the Political Party in addition to an intimation which shall also be sent to the concerned member. The Presiding Officer shall within two days transmit the decision to the Chief Election Commissioner. The Chief Election Commissioner, shall give effect to such decision, within seven days from the date of the receipt of such intimation by declaring the seat vacant and announcing the schedule of the bye-election.

(4) Nothing contained in this Article shall apply to the Chairman or Speaker of a House.

(5) For the purpose of this Article—

(a) “House” means the National Assembly or the Senate, in relation to the Federation, and the 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.

(6) Notwithstanding anything contained in the Constitution, no court including the Supreme Court and a High Court shall entertain any legal proceedings, exercise any jurisdiction, or make any order in relation to any action under this Article.]

[63. Disqualifications for membership of Majlis-e-Shoora (Parliament).-(1) A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if­-

            (a) he is of unsound mind and has been so declared by a competent court; or

            (b) he is an undischarged insolvent; or

            (c) he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State; or

            (d) he holds an office of profit in the service of Pakistan other than an office declared by law not to disqualify its holder; or

            (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
            i) he has been dismissed from the service of Pakistan or service of a corporation or office set up or, controlled, by the Federal Government, Provincial Government or a Local Government on the ground of misconduct, unless a period of five years has elapsed since his dismissal; or

            j) 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 Federal Government, Provincial Government or a Local Government on the ground of misconduct, unless a period of three years has elapsed since his removal or compulsory retirement; 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;

            (iii) the Qaumi Razakars;

            (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.]
——————————————––

1. Section 21 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted Art. 63, in its present form, (w.e.f.April 19, 2010), in place of the said Art., as substituted by item 16 of the RCO (P.O. 14 of 1985) in 1985 and amended by item 7 of the C.E.O. No. 24 of 2002 and Legal Framework (Amendment) Order, 2002, C.E.O. No. 29 of 2002, that read :
   A[63. Disqualifications for membership of Majlis-e-Shoora (Parliament).- (1) A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament) if-
   (a) he is of unsound mind and has been so declared by a competent court; or
   (b) he is an un-discharged insolvent; or
   (c) he ceases to be a citizen ofPakistan, or acquires the citizenship of a foreign State; or
   (d) he holds an office of profit in the service ofPakistanother than an office declared by law not to disqualify its holder; or
   (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 is propagating any opinion, or acting in any manner, prejudicial to the Ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or morality, or the maintenance of public order, 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; or
   B[(h) he has been convicted by a court of competent jurisdiction on a charge of corrupt practice, moral turpitude or misuse of power or authority under any law for the time being in force; or
   (i) he has been dismissed from the service of Pakistan or service of a
   corporation or office set up or, controlled by the Federal Government, Provincial Government or a Local Government on the grounds of misconduct or moral turpitude; or
   (j) 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 Federal Government, Provincial Government or a Local Government on the grounds of misconduct or moral turpitude; 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 is found guilty of a corrupt or illegal practice under any law for the time being in force, unless a period of five years has elapsed from the date on which that order takes effect; or
   (m) he has been convicted under section 7 of the Political Parties Act, 1962 (III of 1962), unless a period of five years has elapsed from the date of such conviction; or
   (n) 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 co-operative 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 (XLVII of 1984), of which he is a share-holder 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; or
   Explanation.– In this Article “goods” does not include agricultural produce or commodity grown or produced by him or such goods as he is, under any directive of Government or any law for the time being in force, under a duty or obligation to supply.
   (o) he holds any office of profit in the service ofPakistanother 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;
   (iii) the Qaumi Razakars;
   (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
   C[(p) he has been convicted and sentenced to imprisonment for having absconded by a competent court under any law for the time being in force; or
   (q) 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
   (r) 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] D[; or]
   D[(s) he is for the time being disqualified from being elected or chosen as a member of the Majlis-e-Shoora (Parliament) or of a Provincial Assembly under any law for the time being in force.]
   E[(2) If any question arises whether a member of Majlis-e-Shoora (Parliament) has become disqualified from being a member, the Speaker or, as the case may be, the Chairman shall, within thirty days from raising of such question refer the question to the Chief Election Commissioner.
   (3) Where a question is referred to the Chief Election Commissioner under clause (2), he shall lay such question before the Election Commission which shall give its decision thereon not later than three months from its receipt by the Chief Election Commissioner.] A. Item 16 of the schedule to RCO (P.O. No. 14 of 1985), (w.e.f.March 2, 1985), as amended by item 7 of the C.E.O. No. 24 of 2002 (w.e.f.August 21, 2002) and Art. 2(2) of the Legal Framework (Amendment) Order, 2002, C.E.O. No. 29 of 2002 (w.e.f.October 9, 2002), substituted Art. 63 in the form set out in note "A" to footnote 1, in place of the Art. as adopted in 1973, that read : " 63. Disqualifications for membership of Parliament.-(1) A person shall be disqualified from being elected or chosen as, and from being, a member of Parliament, if- (a) he is of unsound mind and has been so declared by a competent court; or (b) he is an un-discharged insolvent; or
   (c) he ceases to be a citizen ofPakistan, or acquires the citizenship of a foreign State; or
   (d) he holds any office of profit in the service ofPakistanother than an office declared by law not to disqualify its holder; or
   (e) he is so disqualified by Act of Parliament
   (2) If any question arises whether a member of Parliament has become disqualified from being a member, the Speaker or, as the case may be, the Chairman shall refer the question to the Chief Election Commissioner and if, the Chief Election Commissioner is of the opinion that the member has become disqualified, he shall cease to be a member and his seat shall become vacant.”
   B. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), validated the substitution of paragraphs (h), (i) and (j) of clause (1) of Art. 63, (w.e.f. December 31, 2003). Item 7 of the schedule to C.E.O. No.24 of 2002 substituted the said paragraphs (h), (i) and (j) of Art. 63(1), in the form set out in note “B” to footnote 2, (w.e.f. August 21, 2002), in place of the said paragraphs, as inserted by item 16 of the schedule to RCO (P.O. No. 14 of 1985) (w.e.f. March 2, 1985), that read :
   “(h) he has been, on conviction for any offence which in the opinion of the Chief Election Commissioner involves 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
   (i) he has been dismissed from the service of Pakistan on the ground of misconduct, unless a period of five years has elapsed since his dismissal; or
   (j) he has been removed or compulsorily retired from the service of Pakistan on the ground of misconduct unless a period of three years has elapsed since his removal or compulsory retirement; or”
   C. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), validated the deletion by substitution of paragraph (p) of clause (1) of Art. 63 and addition of paragraphs (q) and (r) thereto, (w.e.f.December 31, 2003). Item 7 of the schedule to LFO (C.E.O. No. 24 of 2002), deleted by substitution the said paragraph (p) of Art. 63(1) and added the said paragraphs (q) and (r) thereto, in the form set out in note “C” to footnote 1, (w.e.f.August 21, 2002). Paragraph (p) of Art. 63(1) as inserted by Item 16 of the schedule to RCO (P.O. No. 14 of 1985), read:
   “(p) he is for the time being disqualified from being elected or chosen as a member of the Majlis-e-Shoora (Parliament) or of a Provincial Assembly under any law for the time being in force.”
   Paragraphs (q) and (r) were deleted by substitution of Art. 63(1) by section 21 of the Constitution 18th Amendment Act, 2010 (10 of 2010), in the form set out in note “C” to footnote 1, (w.e.f.April 19, 2010).
   D. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), also validated the addition of paragraph (s) to clause (1) of Art. 63, (w.e.f. December 31, 2003). Art. 2(2) of the Legal Framework (Amendment) Order, 2002, C.E.O. No. 29 of 2002, substituted a semi colon and the word “or”, in place of the full stop at the end of paragraph (r) of clause (1) of Art. 63 and added the said paragraph (s) thereto, (w.e.f. October 9, 2002). Due to the deletion by substitution of paragraphs (p), (q) and (r) of Art. 63(1) by the substitution of said Art. by section 21 of the Constitution 18th Amendment Act, 2010 (10 of 2010), the said paragraph (s) has now been renumbered as paragraph (p) to Art. 63(1), (w.e.f.April 19, 2010).
   E. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), further validated the substitution of clause (2) of Art. 63 and addition of clause (3) thereto, (w.e.f.December 31, 2003). Item 7 of the schedule to LFO (C.E.O. No. 24 of 2002), substituted the said clause (2) of Art. 63 and added the said clause (3) thereto, in the form set out in note “E” to footnote 1, (w.e.f.August 21, 2002). Clause (2) as inserted by item 16 of the schedule to RCO (P.O. No. 14 of 1985), (w.e.f.March 2, 1985), read:
   “(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 refer the question to the Chief Election Commissioner and, if the Chief Election Commissioner is of the opinion that the member has become disqualified, he shall cease to be a member and his seat shall become vacant.”
   Comparative Table of Article 63 of the Constitution of Pakistan, 1973 :
   Constitution of Pakistan 1962 :
   103(2)
   Constitution of Pakistan 1956 :
   45
   Constitution of India 1950:
   102
   Government of India Act 1935:
   26

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Leading & Latest Cases on Article 63 of the Constitution of Pakistan, 1973 :
P L D 1997 SC 32 SHAHID NABI MALIK AND ANOTHER CHIEF ELECTION COMMISSIONER, ISLAMABAD AND 7 OTHERS
P L D 2009 SC 644
FEDERATION OF PAKISTAN AND OTHERS
MIAN MUHAMMAD NAWAZ SHARIF AND OTHERS
P L D 2009 SC 284 FEDERATION OF PAKISTAN AND OTHERS MIAN MUHAMMAD NAWAZ SHARIF AND OTHERS
Order in implementation of NRO Case Adnan A. Khawaja The State
Dual Nationality Case (Detailed Judgment) Syed Mehmood Akhtar Naqvi Federation of Pakistan thr.
Secretary Law and others
SC Judgment on Challenging
the Constitution of Election Commission Dr. Muhammad Tahir-ul-Qadri The Federation of Pakistan

[62. Qualifications for membership of Majlis-e-Shoora (Parliament).-(l) A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless­-

         (a) he is a citizen of Pakistan;

         (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 2[****], 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;

        (f) he is sagacious, righteous, non-profligate, honest and ameen, there being no declaration to the contrary by a court of law; and

     (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.]

---

Section 20 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted Art. 62, in its present form, (w.e.f. April 19, 2010), in place of the said Art. as substituted by item 16 of the RCO in 1985 and amended by item 6 of the C.E.O. No. 24 of 2002, that read :
A[62. Qualifications for membership of Majlis-e-Shoora (Parliament).-A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless-

   (a)  he is a citizen of Pakistan;

B[(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 non-Muslims; and

  (ii)  any area in a Province from which he seeks membership for election to a seat reserved for women.]

(c) he is, in the case of 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 practises obligatory duties prescribed by Islam as well as abstains from major sins;

(f) he is sagacious, righteous and non-profligate and honest and ameen;

(g) he has not been convicted for a crime involving moral turpitude or for giving false evidence;

(h) he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the Ideology of Pakistan;

Provided that the disqualification 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; and

(i) he possesses such other qualifications as may be prescribed by Act of Majlis-e-Shoora (Parliament).

A. Item 16 of the schedule to RCO (P.O. No. 14 of 1985), (w.e.f. March 2, 1985), as amended by item 6 of the LFO, 2002 (w.e.f. August 21, 2002), substituted Art. 62 in the form set out in note “A” to footnote 2, in place of the said Art. as adopted in 1973, that read :

 "62. Qualifications for membership of Parliament.- A person shall not be qualified to be elected or chosen as a member of Parliament unless:

(a) he is a citizen of Pakistan,

(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 for election to that Assembly;

(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; and

(d) he possess such other qualifications as may be prescribed by Act of Parliament.”

B. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), validated the substitution of paragraph (b) of clause (1) of Art. 62, (w.e.f. December 31, 2003). Due to the introduction of the system of joint electorate, item 6 of the schedule to LFO (C.E.O. No. 24 of 2002) substituted the said paragraph (b) of clause (1) of Art. 62, in the form set out in note “B” to footnote 2, (w.e.f. August 21, 2002) and reinserted in its present form, by the Constitution 18th Amendment, Act, 2010 (10 of 2010, in place of the said paragraph as substituted by item 16 of the schedule to RCO (P.O. No. 14 of 1985) (w.e.f. March 2, 1985). Paragraph (b) of clause (1) of Art. 62, deleted by substitution, read :

    "(b) he is, in the case of National Assembly, not less then twenty-five years of age and is enrolled as a voter in any electoral roll for election to a Muslim seat, or a non-Muslim seat as the case may be, in that Assembly;"

2. Section 5 of the Constitution (Twenty-fifth Amendment) Act, 2018 (XXXVII of 2018), omitted the words, “or the Federally Administered Tribal Areas” , in paragraph (c) of clause (1) of Art. 62, (w.e.f. June 4, 2018).

Comparative Table of Article 62 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
103
Constitution of Pakistan 1956 :
45
Constitution of India 1950:
84

Government of India Act 1935:

---

Leading & Latest Cases on Article 62 of the Constitution of Pakistan, 1973 :

P L D 1997 SC 84
AL-JEHAD TRUST THROUGH RAEES-UL-MUJAHIDIN HABIB AL-WAHABUL KHAIRI,
FEDERATION OF PAKISTAN
P L D 1998 LAHORE 414 MUHAMMAD RAFIQ TARAR MR. JUSTICE MUKHTAR AHMED JUNEJO, ACTING CHIEF ELECTION
P L D 1998 LAHORE 461
MUHAMMAD RAFIQ TARRAR
Justice MUKHTAR AHMED JUNEJO, acting chief election commissioner
1999 SCMR 573 SHEIKH RAFIQUE AHMED ZIA SHAHID AND ANOTHER
2008 YLR 2386
BHATTI
RETURNING OFFICER AND 2 OTHERS
P L D 2009 SC 284 FEDERATION OF PAKISTAN AND OTHERS MIAN MUHAMMAD NAWAZ SHARIF AND OTHERS
Order in implementation of NRO Case
Adnan A. Khawaja
The State
P L D 2013 SC 179 MALIK IQBAL AHMAD LANGRIAL JAMSHED ALAM AND OTHERS

6. High treason.-1[(1) Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.]

(2) Any person aiding or abetting 2[or collaborating] the acts mentioned in clause (1) shall likewise be guilty of high treason.

3[(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.]

(3) 4[Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.

Footnotes:

1. Section 4(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted the said clause, in its present form, (w.e.f. April 19, 2010), in place of the clause (1) of Art. 6, as adopted in 1973, that read :

(1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.

2. Section 4(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), inserted the said word after the word “abetting” in clause (2) of Art. 6, (w.e.f. April 19, 2010).
3. Section 4(iii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), inserted a new clause (2A), in its present form, after clause (2) of Art. 6, (w.e.f. April 19, 2010).
4. See Footnote 2 on page 4.

Comparative Table of Article 6 of the Constitution of Pakistan, 1973 :

Constitution of Pakistan 1962 :

Constitution of Pakistan 1956 :

Constitution of India 1950:

Government of India Act 1935:

Leading & Latest Cases on Article 6 of the Constitution of Pakistan, 1973 :
1986 CLC 1464
MIAN ZAHID SARFARAZ
RAJA NADIR PERVAIZ KHAN AND OTHER
P L D 1989 KARACHI 404
SHARAF FARIDI AND OTHERS
FEDERATION OF ISLAMIC REPUBLIC OF PAKISTAN
P L D 1993 SC 473
MUHAMMAD NAWAZ SHARIF
PRESIDENT OF PAKISTAN AND OTHERS
P L D 1999 SC 504
SH. LIAQUAT HUSSAIN AND OTHERS
FEDERATION OF PAKISTAN through Ministry of Law, Justice and Parliament
P L D 2005 SC 719

P L D 2009 SC 879

PAKISTAN LAWYERS FORUM AND OTHERS
SINDH HIGH COURT BAR ASSOCIATION THROUGH ITS SECRETARY

FEDERATION OF PAKISTAN AND OTHERS
FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF LAW

1[50. Majlis-e-Shoora (Parliament).-There shall be a Majlis-e-Shoora (Parliament) of Pakistan consisting of the President and two Houses to be known respectively as the National Assembly and the Senate.]

Footnotes:

1. Item 10 to Schedule to P.O. 14 of 1985, substituted Art. 50 in its present form (w.e.f. March 2, 1985), in place of the said Art. as adopted in 1973, that read :
   ” 50. Parliament.–There shall be a Parliament consisting of two Houses to be known as the National Assembly and the Senate.”

Comparative Table of Article 50 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
19
Constitution of Pakistan 1956 :
43
Constitution of India 1950:
79
Government of India Act 1935:
18(1)

Leading & Latest Cases on Article 50 of the Constitution of Pakistan, 1973 :

P L D 1957 LAHORE 142
THE STATE
ABDUL GHAFFAR KHAN (BACHA KHAN)
P L D 1967 LAHORE 227
A.M. KHAN LAGHARI
GOVERNMENT OF PAKISTAN, SECY. GOVT. OF PAKISTAN EST. DIVISION
P L D 1973 SC 563
SPECIAL REFERENCE UNDER ARTICLE 187 OF THE INTERIM CONSTITUTION OF THE
ISLAMIC REPUBLIC OF PAKISTAN BY PRESIDENT ZULFIKAR ALI BHUTTO
P L D 1989 KARACHI 404
SHARAF FARIDI AND OTHERS
FEDERATION OF ISLAMIC REPUBLIC OF PAKISTAN AND OTHERS
P L D 1991 KARACHI 1 KHALID MALIK AND OTHERS FEDERATION OF PAKISTAN AND OTHERS
P L D 2009 SC 879
SINDH HIGH COURT BAR ASSOCIATION THROUGH ITS SECRETARY AND ANOTHER
FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF LAW AND JUSTICE

41. The President. (1) There shall be a President of Pakistan who shall be the Head of State and shall represent the unity of the Republic.
    (2) A person shall not be qualified for election as President unless he is a Muslim of not less than forty-five years of age and is qualified to be elected as member of the National Assembly. 1[(3) The President 2[****] shall be elected in accordance with the provisions of the Second Schedule by the members of an electoral college consisting of—
    (a) the members of both Houses; and

(b) the members of the Provincial Assemblies.]

3***

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

Provided that, if the election cannot be held within the period aforesaid because the National Assembly is dissolved, it shall be held within thirty days of the general election to the Assembly. (5) An election to fill a vacancy in the office of President shall be held not later than thirty days from the occurrence of the vacancy: Provided that, if the election cannot be held within the period aforesaid because the National Assembly is dissolved, it shall be held within thirty days of the general election to the Assembly. (6) The validity of the election of the President shall not be called in question by or before any court or other authority.
4[(7)] Omitted

4[(8)] Omitted

4[(9)] Omitted

Footnotes:

1. Item 6 of the schedule to P.O. No. 14 of 1985 substituted clause (3) of Art. 41, in its present form, (w.e.f. March 2, 1985), in place of the clause as adopted in 1973, that read :

“(3) The President shall be elected by the members of Parliament in Joint sitting in accordance with the provisions of the Second Schedule”.

2. Section 13(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), omitted the words, brackets and figures “to be elected after the expiration of the term specified in clause (7)” from clause (3) of Art. 41, (w.e.f. April 19, 2010).

3** Article 1 of the schedule to the Constitution (Second Amendment) Order, 2007, President’s Order No. 6 of 207 (P.O. No. 6 of 2007), promulgated by President Musharraf, in the period of Constitutional deviation (between November 3, 2007 and December 15, 2007), w.e.f. December 14, 2007, purported to omit the words, brackets and figures “to be elected after the expiration of the term specified in clause (7)” from clause (3) of Article 41 of the Constitution, w.e.f. the 17th day of August, 1988.

As P.O. No. 6 of 2007, including the said purported Amendment, was not validated by the Parliament, after the general elections of 18th of February, 2008, they were held to void ab initio and of no legal effect in the Short Order dated 31st of July, 2009 and the detailed judgment of the Supreme Court dated 30th of September, 2009 in C.P. No. 09 of 2009 Sindh High Court Bar Association v/s Federation of Pakistan and others.

4. Section 13(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), omitted clauses (7), (8) and (9) of Art. 41, (w.e.f. April 19, 2010). The deleted clauses (7), (8) and (9) of Art. 41, read :

a[(7) The Chief Executive of the Islamic Republic of Pakistan—

(a) shall relinquish the office of Chief Executive on such day as he may determine in accordance with the judgement of the Supreme Court of Pakistan of the 12th May, 2000; and

(b) having received the democratic mandate to serve the nation as President of Pakistan for a period of five years shall, on relinquishing the office of the Chief Executive, notwithstanding anything contained in this Article or Article 43 or any other provision of the Constitution or any other law for the time being in force, assume the office of President of Pakistan forthwith and shall hold office for a term of five years under the Constitution, and Article 44 and other provisions of the Constitution shall apply accordingly b[:]

b[Provided that paragraph (d) of clause (1) of Article 63 shall become operative on and from the 31st day of December, 2004.]

c[(8) Without prejudice to the provisions of clause (7), any member or members of a House of Majlis-e-Shoora (Parliament) or of a Provincial Assembly, individually or jointly, may, not later than thirty days from the commencement of the Constitution (Seventeenth Amendment) Act, 2003, move a resolution for vote of confidence for further affirmation of the President in office by majority of the members present and voting, by division or any other method as prescribed in the rules made by the Federal Government under clause (9), of the electoral college consisting of members of both Houses of Majlis-e-Shoora (Parliament) and the Provincial Assemblies, in a special session of each House of Majlis-e-Shoora (Parliament) and of each Provincial Assembly summoned for the purpose, and the vote of confidence having been passed, the President, notwithstanding anything contained in the Constitution or judgment of any court, shall be deemed to be elected to hold office for a term of five years under the Constitution, and the same shall not be called in question in any court or forum on any ground whatsoever.

(9) Notwithstanding anything contained in the Constitution or any other law for the time being in force, the proceedings for the vote of confidence referred to in clause (8) shall be regulated and conducted by the Chief Election Commissioner in accordance with such procedure and the votes shall be counted in such manner as may be prescribed by the rules framed by the Federal Government :

Provided that clauses (8) and (9) shall be valid only for the forthcoming vote of confidence for the current term of the President in office.]

a. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), validated the substitution of clause (7) of Art. 41, (w.e.f. December 31, 2003). Item 2 of the schedule to C.E.O. No. 24 of 2002, substituted clause (7) of Art. 41, in its present form, (w.e.f. August 21, 2002), in place of the clause as inserted by item 6 of the schedule to P.O. No. 14 of 1985, (w.e.f. March 2, 1985). Clause (7) of Art. 41 as deleted by substitution, read :

“(7) Notwithstanding anything contained in this Article or Article 43, or any other Article of the Constitution or any other law, General Muhammad Zia-ul-Haq, in consequence of the result of the referendum held on the nineteenth day of December 1984, shall become the President of Pakistan on the day of the first meeting of Majlis-e-Shoora (Parliament) in joint sitting summoned after the elections to the Houses of Majlis-e-Shoora (Parliament) and shall hold office for a term of five years from that day; and Article 44 and other provisions of the Constitution shall apply accordingly.”

b. Section 2(1) of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), substituted a colon, in place of the full stop at the end of paragraph (b) of clause (7) of Art. 41 and added the proviso thereto, (w.e.f. December 31, 2003).

c. Section 2(2) of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), added new clauses (8) and (9), to Art. 41, (w.e.f. December 31, 2003).

37. Promotion of social justice and eradication of social evils.-The State shall-

(a) promote, with special care, the educational and economic interests of backward classes or areas;

(b) remove illiteracy and provide free and compulsory secondary education within minimum possible period;

(c) make technical and professional education generally available and higher education equally accessible to all on the basis of merit;

(d) ensure inexpensive and expeditious justice;

(e) make provision for securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment;

(f) enable the people of different areas, through education, training, agricultural and industrial development and other methods, to participate fully in all forms of national activities, including employment in the service of Pakistan;

(g) prevent prostitution, gambling and taking of injurious drugs, printing, publication, circulation and display of obscene literature and advertisements;

(h) prevent the consumption of alcoholic liquor otherwise than for medicinal and, in the case of non-Muslims, religious purposes; and

(i) decentralise the Government administration so as to facilitate expeditious disposal of its business to meet the convenience and requirements of the public.

Footnotes:

Comparative Table of Article 37 of the Constitution of Pakistan, 1973
Constitution of Pakistan 1962 :
8[4,6,7,8,13,19 & 20

Constitution of Pakistan 1956 :
28

Constitution of India 1950:
38

Government of India Act 1935:

Leading & Latest Cases on Article 37 of the Constitution of Pakistan, 1973 :

P L D 1976 LAHORE 930 NIZAM KHAN ADDITIONAL DISTRICT JUDGE LYALLPUR AND OTHERS
P L D 1988 SC 416
BENAZIR BHUTTO
FEDERATION OF PAKISTAN AND OTHERS
P L D 1990 KARACHI 342 FARHAT JALEEL AND OTHERS PROVINCE OF SINDH AND OTHERS
P L D 1996 KARACHI 1 ZOHRA AND 5 OTHERS THE GOVERNMENT OF SINDH, HEALTH DEPARTMENT AND ANOTHER
P L D 1998 SC 1445
MEHRAM ALI AND OTHERS
FEDERATION OF PAKISTAN AND OTHERS
2000 YLR 2724 PHILIPS ELECTRICAL INDUSTRIES OF PAKISTAN LTD. PAKISTAN AND OTHERS
2001 SCMR 865 N.E.D. UNIVERSITY OF ENGINEERING AND TECHNOLOGY ABDUL FAREED AND ANOTHER
2003 CLC 18 MUHAMMAD AKRAM AND OTHERS SELECTION COMMITTEE FOR ADMISSION IN FIRST YEARS M.B.B.S.,
P L D 2004 LAHORE 733
PROVINCE OF PUNJAB
MISS ANAM ALI BHATTI AND OTHERS
P L D 2005 LAHORE 428 SYEDA SHAZIA IRSHAD BOKHARI GOVERNMENT OF PUNJAB
P L D 2007 KARACHI 224 UMEED ALI AND 12 OTHERS GOVERNMENT OF SINDH AND OTHERS