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Article: 239 Constitution amendment Bill

1[239. Constitution amendment Bill.-(1) A Bill to amend the Constitution may originate in either House and, when the Bill has been passed by the votes of not less than two-thirds of the total membership of the House, it shall be transmitted to the other House.

(2) If the Bill is passed without amendment by the votes of not less than two-thirds of the total membership of the House to which it is transmitted under clause (1), it shall, subject to the provisions of clause (4), be presented to the President for assent.
(3) If the Bill is passed with amendment by the votes of not less than two-thirds of the total membership of the House to which it is transmitted under clause (1), it shall be reconsidered by the House in which it had or originated, and if the Bill as amended by the former House is passed by the latter by the votes of not less than two-thirds of its total membership it shall, subject to the provisions of clause (4), be presented to the President for assent.
(4) A Bill to amend the Constitution which would have the effect of altering the limits of a Province shall not be presented to the President for assent unless it has been passed by the Provincial Assembly of that Province by the votes of not less than two-thirds of its total membership.
(5) No amendment of the Constitution shall be called in question in any Court on any ground whatsoever.
(6) For the removal of doubt, it is hereby declared that there is no limitation whatever on the power of the Majlis-e-Shoora (Parliament) to amend any of the provisions of the Constitution.]

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Footnotes:


1. Section 3 of the Constitution (Second Amendment) Order, 1985, P.O. No. 20 of 1985, substituted Art. 239, in its present form, (w.e.f. March 17, 1985), in place of the Art. as amended by item 48 of the schedule to P.O. No. 14 of 1985, (w.e.f. March 2, 1985). Art. 239 as first amended in 1985, read :
“239. Constitution Amendment Bill . — (1) A Bill to amend the Constitution may originate in either House and when the Bill has been passed by the votes of not less than two-thirds of the total membership of the House it shall be transmitted to the other House.
(2) If the Bill is passed without amendment by the votes of not less than two-thirds of the total membership of the House to which it is transmitted under Clause (1), it shall be transmitted to all the Provincial Assemblies.
(3) If the Bill is passed with amendment by the votes of not less than two-thirds of the total membership of the House to which it is transmitted under clause (1), it shall be reconsidered by the House in which it had originated; and if the Bill as amended by the former House is passed by the latter by the votes of not less than two-thirds of its total membership it shall be transmitted to all the Provincial Assemblies.
(4) Subject to clause (5), if the Bill transmitted to the Provincial Assemblies under clause (2) or clause (3) is passed by each such Assembly by a majority of the total number of its members present and voting, it shall be presented to the President for assent.
(5) A Bill to amend the Constitution which would have the effect of altering the limits of a Province shall not be presented to the President for assent unless it has been passed by the Provincial Assembly of that Province by the votes of not less than two-thirds of its total membership.
(6) No amendment of the Constitution shall be called in question in any Court on any ground whatsoever.
(7) For the removal of doubt, it is hereby declared that there is no limitation whatever on the power of the Majlis-e-Shoora (Parliament) to amend by way of addition, modification or repeal any of the provisions of the Constitution.”
Article 239 as adopted in 1973 read :
“239. Constitution amendment Bill.–(1) A Bill to amend the Constitution shall originate in the National Assembly and when the Bill has been passed by the votes of not less than two-thirds of the total membership of the Assembly it shall be transmitted to the Senate.
(2) If the Bill is passed by the Senate by a majority of the total membership of the Senate it shall be presented to the President for assent.
(3) If the Bill is passed by the Senate with amendments, it shall be reconsidered by the National Assembly; and if the Bill as amended by the Senate is passed by the Assembly by the votes of not less than two-thirds of the total membership of the Assembly, it shall be presented to the President for assent.
(4) If the Bill is not passed by the Senate within ninety days from the day of its receipt the Bill shall be deemed to have been rejected by the Senate.
(5) The President shall assent to the Bill within seven days of the presentation of the Bill to him, and if he fails to do so he shall be deemed to have assented thereto at the expiration of that period.
(6) When the President has assented to or is deemed to have assented to the Bill, the Bill shall become Act of Parliament and the Constitution shall stand amended in accordance with the terms thereof.
(7) A Bill to amend the Constitution which would have the effect of altering the limits of a
Province shall not be passed by the National Assembly unless it has been approved by a resolution of the Provincial Assembly of that Province passed by the votes of not less than two-thirds of the total membership of that Assembly.”

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Comparative Table of Article 239 of the Constitution of Pakistan, 1973:
Constitution of Pakistan 1962 :
209
Constitution of Pakistan 1956 :
216
Constitution of India 1950:
368
Government of India Act 1935:

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Leading & Latest Cases on Article 239 of the Constitution of Pakistan, 1973 :

MAHMOOD KHAN ACHAKZAI AND OTHERS

FEDERATION OF PAKISTAN AND OTHERS

SYED MASROOR AHSAN AND OTHERS
AEDESHIR COW ASJEE AND OTHERS
MOHTARMA BENAZIR BHUTTO AND OTHERS
PRESIDENT OF PAKISTAN AND OTHERS
WUKALA MAHAZ BARAI TAHAFAZ DASTOOR
FEDERATION OF PAKISTAN
P L D 2003 SC 74 WATAN PARTY THROUGH PUNJAB PRESIDENT LADIES WING TASNEEM SHAUKAT KHAN CHIEF EXECUTIVE/PRESIDENT OF PAKISTAN, AND ANOTHER

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