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Article: 224 Time of election and bye-election

224.  Time of election and bye-election.— 1[(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.]

                2[(1A) On dissolution of the Assembly on completion of its term, or in case it is dissolved under Article 58 or Article 112, the President, or the Governor, as the case may be, shall appoint a care­taker Cabinet:

                Provided that the care-taker Prime Minister shall be 3[appointed] 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:

                4[Provided further that if the Prime Minister or a Chief Minister and their respective Leader of the Opposition do not agree on any person to be appointed as a care-taker Prime Minister or the care-taker Chief Minister, as the case may be, the provisions of Article 224A shall be followed :]

                Provided 5[also] 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.]

(2)  When the National Assembly or a Provincial Assembly is dissolved, a general election to the Assembly shall be held within a period of ninety days after the dissolution, and the results of the election shall be declared not later than fourteen days after the conclusion of the polls.

(3)  An election to fill the seats in the Senate which are to become vacant on the expiration of the term of the members of the Senate shall be held not earlier than thirty days immediately preceding the day on which the vacancies are due to occur.

(4)  When, except by dissolution of the National Assembly or a Provincial Assembly, a 6[****] seat in any such Assembly has become vacant not later than one hundred and twenty days before the term of that Assembly is due to expire, an election to fill the seat shall be held within sixty days from the occurrence of the vacancy.

(5)  When a seat in the Senate has become vacant, an election to fill the seat shall be held within thirty days from the occurrence of the vacancy.

7[(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 8[:] ]

8[Provided that if at any time the party list is exhausted, the concerned political party may submit a name for any vacancy which may occur thereafter.]

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Footnotes:

1. Section 83(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted clause (1) of Art. 224, in its present form, (w.e.f.April 19, 2010), in place of clause as adopted in 1973 and as amended in 2002, that read :

(1) A general election to the National Assembly or a Provincial Assembly shall be held within a period of sixty days immediately a[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 b[:]

                b[Provided that on dissolution of an Assembly on completion of its term, the President, in his discretion, or, as the case may be, the Governor, in his discretion but with the previous approval of the President, shall appoint a care-taker Cabinet.]

                a-b. Section 83(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), adopted by substitution of the said word, in clause (1) of Art. 224, and deleted by substitution the proviso to clause (1), (w.e.f. April 19, 2010). Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), had validated the substitution of the word in clause (1) of Art. 224 and had addition of the proviso at the end thereto, (w.e.f. December 31, 2003).  Item 22 of the schedule to LFO (C.E.O. No. 24 of 2002), had substituted the said word, in place of the word “preceding” in clause (1) of Art. 224 and substituted the “colon”, for the “full stop”, at the end thereof and had add the proviso thereto, (w.e.f. August 21, 2002).

2. Section 83(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), inserted new clauses (1A) and (1B), after clause (1) of Art. 224, (w.e.f. April 19, 2010).

3. Section 8(a)(i) of the Constitution (Twentieth Amendment) Act, 2012 (5 of 2012), substituted the said word, in place of the word “selected”, in the first proviso to clause (1A) of Art. 224, (w.e.f. February 28, 2012).

4. Section 8(a)(ii) of the Constitution (Twentieth Amendment) Act, 2012 (5 of 2012), inserted the said new proviso, after the first proviso to clause (1A) of Art. 224, (w.e.f. February 28, 2012).

5. Section 8(a)(iii) of the Constitution (Twentieth Amendment) Act, 2012 (5 of 2012), substituted the said word, in place of the word “further” in the second proviso to clause (1A) of Art. 224, (w.e.f. February 28, 2012).

6. Section 2 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), repealed the Constitution (Seventeenth Amendment) Act, 2003 and the LFO (C.E.O No. 24 of 2002), (w.e.f.April 19, 2010).  Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), had validated the insertion of the word “general”, in clause (4) of Art. 224, (w.e.f. December 31, 2003).  Item 22 to the schedule to the LFO (LFO (C.E.O. No. 24 of 2002)), had inserted the said word, in clause (4) of Art. 224, (w.e.f. August 21, 2002).

7. Section 83(iii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), inserted new clause (6), after clause (5) of Art. 224, (w.e.f. April 19, 2010).  The said substitution shall be deemed always to have been so inserted with effect from the 21st day of August, 2002.

Section 2 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), repealed the Constitution (Seventeenth Amendment) Act, 2003 and the LFO (C.E.O No. 24 of 2002), (w.e.f.April 19, 2010). Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), had validated the addition of clauses (6) and (7) to Art. 224, (w.e.f. December 31, 2003).  Item 22 of the schedule to the LFO (LFO (C.E.O. No. 24 of 2002)), had added the said clauses to Art. 224, (w.e.f. August 21, 2002). The clauses deleted, by the repeal of the said Act and Order, read :

(6) When a seat reserved for women or non-Muslims in the National Assembly or a Provincial Assembly falls vacant, for 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 submitted to the Election Commission for the last general election by the political party whose member has vacated such seat.

(7) When a care-taker Cabinet is appointed, on dissolution of the National Assembly under Article 58 or a Provincial Assembly under Article 112, or on dissolution of any such Assembly on completion of its term, the Prime Minister or, as the case may be, the Chief Minister of the care-taker Cabinet shall not be eligible to contest the immediately following election of such Assembly.

8. Section 8(b) of the Constitution (Twentieth Amendment) Act, 2012 (5 of 2012), substituted a colon, in place of the full stop, at the end of clause (6) of Art. 224 and thereafter added the said new proviso thereto, (w.e.f. February 28, 2012).

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Comparative Table of Article 224 of the Constitution of Pakistan, 1973:
Constitution of Pakistan 1962 :
Constitution of Pakistan 1956 :
141
Constitution of India 1950:

Government of India Act 1935:

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Leading & Latest Cases on Article 224 of the Constitution of Pakistan, 1973 :

PIR SHUJAAT HASNAIN QURESHI AND ANOTHER
RAEES AHMAD QURESHI AND OTHERS
IHSANUL HAQ PIRACHA
CHIEF ELECTION COMMISSIONER OF PAKISTAN AND OTHERS
REFERENCE NO. 1 OF 1988 MADE BY THE PRESIDENT OF PAKISTAN
UNDER ARTICLE 186 OF THE CONSTITUTION OF PAKISTAN
FEDERATION OF PAKISTAN AND OTHERS
HAJI MUHAMMAD SAIFULLAH KHAN AND OTHERS
SYED ZAFAR ALI SHAH AND OTHERS
GENERAL PERVEZ. MUSHARRAF, CHIEF EXECUTIVE OF PAKISTAN AND OTHERS
P L D 2013 SC 1   AIR MARSHAL (RETD.) MUHAMMAD ASGHAR KHAN  GENERAL (RETD.) MIRZA ASLAM BAIG, FORMER CHIEF OF ARMY STAFF AND OTHER

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