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Article: 271 First National Assembly

271. First National Assembly.-(1) Notwithstanding anything contained in the Constitution, but subject to 1[Article 63,] Article 64 and Article 223,-

2[(a) the first National Assembly shall consist of-

(i) persons who have taken oath in the National Assembly of Pakistan existing immediately before the commencing day, and

(ii) the persons to be elected in accordance with law by the members of the Assembly to fill the seats referred to in clause (2A) of Article 51.

and, unless sooner dissolved, shall continue until the fourteenth day of August, one thousand nine hundred and seventy-seven; and reference to ‘total membership’ of National Assembly in the Constitution shall be construed accordingly;]

(b) the qualifications and disqualifications for being elected and being a member of the first National Assembly shall, except in case of members filling casual vacancies 3[or to be elected to the additional seats referred to in clause (2A) of Article 51,] after the commencing day, be the same as under the Interim Constitution of the Islamic Republic of Pakistan:

Provided that no person holding an office of profit in the service of Pakistan shall continue to be a member of the first National Assembly after the expiration of three months from the commencing day.

(2) If a person referred to in paragraph (a) of clause (1) is, immediately before the commencing day, also a member of a Provincial Assembly, he shall not take a seat in the National Assembly or the Provincial Assembly until he resigns one of his seats.

4[(2A****)]

(3) A casual vacancy in a seat in the first National Assembly, including a vacancy in a seat in the National Assembly of Pakistan existing before the commencing day which was not filled before that day, caused by reason of death or resignation of a member or consequent upon his incurring a disqualification or ceasing to be a member as a result of the final decision of an election petition 5[****] may be filled in the same manner in which it would have been filled before the commencing day.

(4) A person referred to in paragraph (a) of clause (1), shall not sit or vote in the National Assembly until he has made the oath prescribed by Article 65 and, if, without the leave of the Speaker of the National Assembly granted on reasonable cause shown, he fails to make the oath within twenty-one days from the day of the first meeting of the Assembly, his seat shall become vacant at the expiration of that period.

_________________________________________________________________________________ Footnotes:

1. Section 9 of the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), inserted the said word figure and comma in clause (1) of Art. 271, (w.e.f. November 21, 1975).

2. Section 9 of the Constitution (Fourth Amendment) Act, 1975, (71 of 1975), substituted paragraph (a) of clause (1) of Art. 271, in its present form, (w.e.f. November 21, 1975) in place of the paragraph as adopted in 1973, that read :
“(a) the first National Assembly shall consist of persons who have taken oath in the National Assembly of Pakistan existing immediately before the commencing day and unless sooner dissolved, shall continue till the fourteenth day of August, one thousand nine hundred and seventy-seven, and reference to “total membership” of the National Assembly in the Constitution shall be construed accordingly; and”

3. Section 9 of the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), also inserted the said words figures and comma in paragraph (b) of clause (1) of Art. 271, (w.e.f. November 21, 1975).

4. Section 2 of the Removal of Difficulties (Bar against double membership) Order, 1973, P.O. No. 22 of 1973, inserted clause (2A) to Art. 271, (w.e.f. October 27, 1973), for a limited period of five years. The said clause, now deleted by virtue of the said Order, read :
“(2A) A person referred to in clause (2) shall resign one of his seats at any time on or before the 10th day of November, 1973, and, if he does not so resign, the seat to which he was elected first shall become vacant.”

5. Section 2 of the Removal of Difficulties (Bar against double membership) Order, 1973, inserted the words “or otherwise” after the words “election petition” in clause 3 of the Art. 271, (w.e.f. October 27, 1973), for a limited period of five years.


Comparative Table of Article 271 of the Constitution of Pakistan, 1973:
Constitution of Pakistan 1962 :
Constitution of Pakistan 1956 :
Constitution of India 1950:
Government of India Act 1935:

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Leading & Latest Cases on Article 271 of the Constitution of Pakistan, 1973:

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