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Article: 275 Continuance in office of persons in service of Pakistan, etc

275. Continuance in office of persons in service of Pakistan, etc.-(1) Subject to the Constitution and until law is made under Article 240 any person who, immediately before the commencing day, was in the service of Pakistan shall, as from that day, continue in the service of Pakistan on the same terms and conditions as were applicable to him under the Interim Constitution of the Islamic Republic of Pakistan immediately before that day.

(2) Clause (1) shall also apply in relation to a person holding office immediately before the commencing day as —

(a) Chief Justice of Pakistan or other Judge of the Supreme Court, or Chief Justice or other Judge of a High Court;

(b) Governor of a Province;

(c) Chief Minister of a Province;

(d) Speaker or Deputy Speaker of the National Assembly or a Provincial Assembly;
(e) Chief Election Commissioner;

(f) Attorney-General for Pakistan or Advocate-General for a Province;

(g) Auditor-General of Pakistan.

(3) Notwithstanding anything contained in the Constitution, for a period of six months from the commencing day, a Federal Minister or a Minister of State or the Chief Minister of a Province or a Provincial Minister may be a person who is not a member of 1[Majlis-e-Shoora (Parliament)] or, as the case may be, the Provincial Assembly of that Province; and such Chief Minister and Provincial Minister shall have the right to speak and otherwise take part in the proceedings of the Provincial Assembly or any committee thereof of which he may be named a member, but shall not by virtue of this clause be entitled to vote.

(4) Any person who, under this Article, is continued in an office in respect of which a form of oath is set out in the Third Schedule shall, as soon as is practicable after the commencing day make before the appropriate person oath in that form,

(5) Subject to the Constitution and law-

(a) all civil, criminal and revenue Courts exercising jurisdiction and functions immediately before the commencing day shall, as from that day, continue to exercise their respective jurisdiction and functions; and

(b) all authorities and all offices (whether judicial, executive, revenue or ministerial) throughout Pakistan exercising functions immediately before the commencing day shall, as from that day, continue to exercise their respective functions.

_____________________________________________________

Footnotes:

1. See Footnote 2 of Article 1.


Comparative Table of Article 275 of the Constitution of Pakistan, 1973:
Constitution of Pakistan 1962 :
234
Constitution of Pakistan 1956 :
226
Constitution of India 1950:
Government of India Act 1935:

____________________________________________________________

Leading & Latest Cases on Article 275 of the Constitution of Pakistan, 1973:

MOHAMMAD AKHTAR HUSSAIN AND OTHERS
GOVERNMENT OF WEST PAKISTAN AND OTHERS
NASEERUDDIN
GOVERNMENT OF PAKISTAN AND OTHERS
SAEED AHMAD
PROVINCE OF WEST PAKISTAN AND OTHERS
FAZAL ELAHI EJAZ AND OTHERS
GOVERNMENT OF PUNJAB AND OTHERS
PAKISTAN AND ASNOTHER
ALI KAUSAR

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