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Article: 216 Commissioner not to hold office of profit

216.Commissioner 1[and members] not to hold office of profit.—(1) The Commissioner 2[or a member] shall not,—

                (a)  hold any other office of profit in the service of Pakistan;or

(b)  occupy any other position carrying the right to remuneration for the rendering of services.

(2)  A person who has held office as Commissioner 3[or a member] shall not hold any office of profit in the service of Pakistan before the expiration of two years after he has ceased to hold that office 4[ . ]

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Footnotes:

  1. Section 5(a) of the Constitution (Twentieth Amendment) Act, 2012 (5 of 2012), inserted the said words, after the word “Commissioner” in the marginal note of Art. 216, (w.e.f. February 28, 2012).
  1. Section 5(b) of the Constitution (Twentieth Amendment) Act, 2012 (5 of 2012), inserted the said words, after the word “Commissioner”, in clause (1) of Art. 216, (w.e.f. February 28, 2012).
  1. Section 5(c) 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. 216, (w.e.f. February 28, 2012).
  1. Section 6 of the Constitution (Twenty-second Amendment) Act, 2016, (XXV of 2016), substituted a full stop, in place of the colon, at the end of clause (2) of Art. 216 and thereafter omitted the proviso therefrom, (w.e.f. June 9, 2016). The omitted proviso, as adopted in 1973 read :

Provided that—

            (a)  this clause shall not be construed as preventing a person who was a Judge of the Supreme Court or of a High Court immediately  before his appointment as Commissioner from resuming his duties as such Judge on the expiration of his term as Commissioner a[ . ]

  1. Section 79(i)(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted a full stop, in place of the semi colon and the word “, and” occurring at the end of paragraph (a) of clause (2) of Art. 216 and omitted paragraph (b) therefrom, (w.e.f. April 19, 2010). The omitted paragraph (b), as adopted in 1973 read :

            (b)  a person who has held office as Commissioner may, with the concurrence of both Houses, be reappointed to that office before the expiration of two years after he has ceased to hold that office.

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Comparative Table of Article 216 of the Constitution of Pakistan, 1973:
Constitution of Pakistan 1962 :
151
Constitution of Pakistan 1956 :
Constitution of India 1950:

Government of India Act 1935:

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Leading & Latest Cases on Article 216 of the Constitution of Pakistan, 1973 :

ZILFIKAR ALI BHUTTO
STATE
GHULAM DASTGIR BARI
SALAH-UD-DIN AND OTHERS

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