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Article: 215 Term of office of Commissioner

215.Term of office of Commissioner 1[and members].—(1) The Commissioner 2[and a member] shall, subject to this Article, hold office for a term of 3[five] years from the day he enters upon his office:

                4[Provided that two of the members shall retire after the expiration of first two and a half years and two shall retire after the expiration of the next two and a half years :

                Provided further that the Commission shall for the first term of office of members draw a lot as to which two members shall retire after the first two and a half years :

                 Provided also that the term of office of a member appointed to fill a casual vacancy shall be the un-expired term of office of the member whose vacancy he had filled.]

                4[Proviso] Omitted.

(2) The Commissioner 5[or a member] shall not be removed from office except in the manner prescribed in Article 209 for the removal from office of a Judge and,  in the application of the Article for the purposes  of this clause, any reference  in that Article to a Judge shall be construed as a reference to the Commissioner 6[or, as the case may be, a member].

(3) The Commissioner 7[or a member] may, by writing under his hand addressed to the President, resign his office.

8[(4) Vacancy in the office of the Commissioner or a member shall be filled within forty-five days.]

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Footnotes:

  1. Section 4(a) of the Constitution (Twentieth Amendment) Act, 2012 (5 of 2012), added the said words, after the word “Commissioner” in the marginal note of Art. 215, (w.e.f. February 28, 2012).
  1. Section 4(b)(i) of the Constitution (Twentieth Amendment) Act, 2012 (5 of 2012), inserted the said words, after the word “Commissioner”, in Art. 215, (w.e.f. February 28, 2012).
  1. Section 5(i) of the Constitution (Twenty-second Amendment) Act, 2016 (XXV of 2016), substituted provisos of clause (1) of Art. 215, in their present form, (w.e.f. June 9, 2011), in place of the proviso as adopted by Section 78(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), (w.e.f. April 19, 2010).  The second proviso, as adopted in April, 2010, read :

Provided that the aforesaid amendment shall be effective after the expiry of current tenure of the present incumbent a[Commissioner]; and

  1. Section 4(b)(ii) of the Constitution (Twentieth Amendment) Act, 2012 (5 of 2012), added the said word, after the word “incumbent”, in the proviso to clause (1) of Art. 215, (w.e.f. February 28, 2012).
  1. Section 78(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), omitted the proviso to clause (1) of Art. 215, (w.e.f. April 19, 2010). The omitted proviso adopted in 1973, that read :

Provided that the National Assembly may by resolution extend the term of the Commissioner by a period not exceeding one year.

  1. Section 4(c)(i) of the Constitution (Twentieth Amendment) Act, 2012 (5 of 2012), inserted the said words, after the word “Commissioner”, occurring for the first time, in clause (2) of Art. 215, (w.e.f. February 28, 2012).
  1. Section 4(c)(ii) of the Constitution (Twentieth Amendment) Act, 2012 (5 of 2012), added the said words and commas, after the word “Commissioner”, at the end of clause (2) of Art. 215, (w.e.f. February 28, 2012).
  1. Section 4(d) of the Constitution (Twentieth Amendment) Act, 2012 (5 of 2012), inserted the said words, after the word “Commissioner”, in clause (3) of Art. 215, (w.e.f. February 28, 2012).

8. Section 5(ii) of the Constitution (Twenty-second Amendment) Act, 2016 (XXV of 2016), inserted a new clause (4), in its present form, after clause (3) of Art. 215, (w.e.f. June 9, 2016).

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Comparative Table of Article 215 of the Constitution of Pakistan, 1973:
Constitution of Pakistan 1962 :
150
Constitution of Pakistan 1956 :
138(2)(3)
Constitution of India 1950:
219
Government of India Act 1935:

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Leading & Latest Cases on Article 215 of the Constitution of Pakistan, 1973 :

ZULFIKAR ALI BHUTTO
STATE


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