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Article: 27 Safeguard against discrimination in services

27.  Safeguard against discrimination in services.— (1)  No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth:

Provided that, for a period not exceeding 1[forty] years from the commencing day, posts may be reserved for persons belonging to any class or area to secure their adequate representation in the service of Pakistan:

Provided further that, in the interest of the said service, specified  posts or services may be reserved for members of either sex if such posts or services entail the performance of duties and functions which cannot be adequately performed by members of the other sex 2[ : ]

2[Provided also that under-representation of any class or area in the service of Pakistan may be redressed in such manner as may be determined by an Act of Majlis-e-Shoora (Parliament).]

(2)  Nothing in clause(1) shall prevent any Provincial Government, or any local or other authority in a Province, from prescribing, in relation to any post or class of service under that Government or authority, conditions as to residence in the Province, for a period not exceeding three years, prior to appointment under that Government or authority.

_________________________________________________________________________________

Footnotes:

1.  Section 2 of the Constitution (Sixteenth Amendment) Act, 1999 (7 of 1999), substituted the said word in place of the word “twenty”, in the proviso to clause (1) of Art. 27, (w.e.f. August 5, 1999).  The proviso, as first adopted in 1973, contained the word “Ten” and by virtue of Item 4 of the Schedule to P.O. No. 14 of 1985 the word “twenty” was substituted therefor (w.e.f. March 2, 1985).

2. Section 10 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted a colon, in place of the full stop, at the end of the second proviso to clause (1) of Art. 27 and added a new proviso thereto, (w.e.f. April 19, 2010).


Comparative Table of Article 27 of the Constitution of Pakistan, 1973
Constitution of Pakistan 1962 :

6(VIII.17)

Constitution of Pakistan 1956 :

17

Constitution   of   India    1950:

15(1)

Government of India Act 1935:

Leading & Latest Cases on Article 27 of the Constitution of Pakistan, 1973 :

P L D 1995 LAHORE 584  MRS. NASEEM FIRDOUS  PUNJAB SMALL INDUSTRIES CORPORATION AND OTHERS
1997 SCMR 1043
MUSHTAQ AHMAD MOHAL AND OTHERS
THE HONOURABLE LAHORE HIGH COURT, LAHORE AND OTHERS
1999 SCMR 2308  GHAZI  M. ABDUL KHALIQ AND OTHERS
NEW JUBILEE INSURANCE COMPANY LTD., KARACHI
NATIONAL BANK OF PAKISTAN. KARACHI
P L D 2001 QUETTA 72  DR. MRS. BUSHRA MAGSI  DISTRICT MAGISTRATE/DEPUTY COMMISSIONER, JHAL MAGSI AT GANDAWAH
2005 MLD 1053
SHAUKAT ALI WAHLA, SUPERINTENDENT, ZONAL OFFICE, AUQAF,SARGODHA
CHIEF ADMINISTRATOR OF AUQAF, PUNJAB, LAHORE

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