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Article: 243 Command of Armed Forces

1[243.     Command of Armed Forces.—(1) The Federal Government shall have control and command of the Armed Forces.

(2) Without prejudice to the generality of the foregoing provision, the Supreme Command of the Armed Forces shall vest in the President.

(3) The President shall subject to law, have power­—

(a) to raise and maintain the Military, Naval and Air Forces of Pakistan; and the Reserves of such Forces; and

(b) to grant Commissions in such Forces.

(4) The President shall, on advice of the Prime Minister, appoint­—

(a) the Chairman, Joint Chiefs of Staff Committee;

(b) the Chief of the Army Staff;

(c) the Chief of the Naval Staff; and

(d) the Chief of the Air Staff,

and shall also determine their salaries and allowances.]

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Footnotes:

1. Section 90 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted Art. 243, in its present form, (w.e.f. April 19, 2010), in place of Art. adopted in 1973, that read :

243.  Command of Armed Forces.—(1) The Federal Government shall have control and command of the Armed Forces.

A[(1A) without prejudice to the generality of the foregoing provision, the Supreme Command of the Armed Forces shall vest in the President.]

(2)  The President shall subject to law, have power —

(a)  to raise and maintain the Military, Naval and Air Forces of Pakistan; and the Reserves of such Forces; 2[and]

(b)  to grant Commissions in such Forces B[.]

B[(c)] Omitted

C[(3) the President shall, D[in consultation with the Prime Minister], appoint—

(a)     the Chairman, Joint Chiefs of Staff Committee;

(b)     the Chief of the Army Staff;

(c)     the Chief of the Naval Staff; and

(d)     the Chief of the Air Staff,

and shall also determine their salaries and allowances.]

A. Item 50 of the schedule to P.O. No. 14 of 1985, inserted clause (1A) to Art. 243 (w.e.f. March 2, 1985).

B. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), validated the omission of paragraph (c) of clause (2) of Art. 243, (w.e.f. December 31, 2003).  Item 23 of the schedule to C.E.O. No. 24 of 2002, added the conjunction “and” at the end of paragraph (a), substituted the “full stop”, in place of the “semi colon” and the conjunction “and” at the end of paragraph (b) and omitted paragraph (c) of clause (2) of Art. 243, (w.e.f. August 21, 2002).  The deleted paragraph (c), adopted in 1973, read :

(c)  to appoint a*[****] b*[the Chairman,  Joint Chiefs of Staff Committee,] the Chief of the Army Staff, the Chief of the Naval Staff and the Chief of the Air Staff, and determine their salaries and allowances.

a*. Section 5 of the Constitution (Thirteenth Amendment) Act, 1997, (I of 1997) omitted the words “in his discretion”  in paragraph (c) of clause (2) of Art. 243 (w.e.f. April 3, 1997).  The said words were inserted by item 50 of the schedule to P.O. No. 14 of 1985, (w.e.f. March 2, 1985).

b*.  Item 50 of the schedule to P.O. No. 14 of 1985, also inserted the said words in paragraph  (c) of clause 2 of Art. 243, (w.e.f. March 2, 1985).

C. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), validated the insertion of clause (3) of Art. 243, (w.e.f. December 31, 2003). Item 23 of the schedule to C.E.O. No. 24 of 2002, also inserted a new clause (3) to Art. 243, (w.e.f. August 21, 2002).

D. Section 8 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), substituted the said words, in place of the words “in his discretion”, in clause (3) of Art. 243, (w.e.f. December 31, 2003).

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Comparative Table of Article 243 of the Constitution of Pakistan, 1973:
Constitution of Pakistan 1962 :
17
Constitution of Pakistan 1956 :
40
Constitution of India 1950:
53(2)
Government of India Act 1935:
4
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Leading & Latest Cases on Article 243 of the Constitution of Pakistan, 1973 :
MUHAMMAD NAWAZ SHARIF
PRESIDENT OF PAKISTAN AND OTHERS
SHAHID ORAKZAI
Mian MUHAMMAD NAWAZ SHARIF, PRIME MINISTER OF PAKISTAN AND OTHERS
SH. LIAQUAT HUSSAIN AND OTHERS
FEDERATION OF PAKISTAN through Ministry of Law, Justice and Parliament
SYED ZAFAR ALI SHAH AND OTHERS
GENERAL PERVEZ. MUSHARRAF, CHIEF EXECUTIVE OF PAKISTAN AND OTHERS
P L D 2005 SC 719  PAKISTAN LAWYERS FORUM AND OTHERS  FEDERATION OF PAKISTAN AND OTHERS
SINDH HIGH COURT BAR ASSOCIATION THROUGH ITS SECRETARY AND ANOTHER
FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF LAW AND JUSTICE

 

 

 

 

 

 

 

 

P L D 2013 SC 1  AIR MARSHAL (RETD.) MUHAMMAD ASGHAR KHAN GENERAL (RETD.) MIRZA ASLAM BAIG, FORMER CHIEF OF ARMY STAFF AND OTHE
 
 

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