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Article: 272 First Constitution of Senate

272. First 1[Constitution of] Senate.- 2[****] Notwithstanding anything contained in the Constitution, but subject to 2[Article 63 and] Article 223-

(a) the Senate shall, until the first National Assembly under the Constitution continues in existence, consist of forty-five members and the provisions of Article 59 shall have effect as if, in paragraph (a) of clause (1) thereof, for the word “fourteen” the word “ten” and in paragraph (b) of that clause for the word “five” the word “three” were substituted, and reference to “total membership” of the Senate in the Constitution shall be construed accordingly;

(b) the members elected or chosen as members of the Senate shall be divided into two groups by drawing of lots, the first group consisting of five members from each Province, two members from the Federally Administered Tribal Areas and one member from the Federal Capital and the second group consisting of five members from each Province one member from the said Areas and one member from the Federal Capital;

(c) the term of office of members of the first group and of the second group shall respectively be two years and four years;

(d) the term of office of persons elected or chosen to succeed the members of the Senate at the expiration of their respective terms shall be four years;

(e) the term of office of a person elected or chosen to fill a casual vacancy shall be the unexpired term of the member whose vacancy he is elected or chosen to fill;

(f) as soon as the first general election to the National Assembly is held, there shall be elected to the Senate four additional members from each Province and two additional members from the Federally Administered Tribal Areas; and

(g) the term of office of such half of the members elected under paragraph (f) as may be determined by drawing of lots shall be the unexpired term of office of the members of the first group and the term of office of the other half shall be the unexpired term of the members of the second group.

3[****].

_________________________________________________________________________________ Footnotes:

1. Section 16 of the Constitution (First Amendment) Act, 1974 (33 of 1974), inserted the said words in Art. 272, (w.e.f. May 4, 1974).

2. Section 10 of the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), omitted the brackets and figure “(1)” in Art. 272 as it was deemed to be redundant, and inserted to said words and figure therein (w.e.f. November 21, 1975).

3. Section 2 of the Election to the Senate Order, 1973, P.O. No. 8 of 1973, added clause 2 of Art. 272, (w.e.f. June 9, 1973), to have effect up to August 14, 1974. The said clause, now deleted by virtue of the said Order, read :
“(2) Until Parliament by law makes provision in that behalf, the President may, for the purpose of the due constitution of, and election to, the Senate, by Order, make provision for any of the matters referred to in —
(a) paragraph (d) and (e) of clause (1) of Article 63;
(b) paragraph (d), (e) and (f) of Article 222; and
(c) Article 225.”


Comparative Table of Article 272 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 272 of the Constitution of Pakistan, 1973:

IHSANUL HAQ PIRACHA
CHIEF ELECTION COMMISSIONER AND ANOTHER

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