h1

Article: 51 National Assembly.

1[51. National Assembly.—(1) There shall be three hundred and forty-two seats for members in the National Assembly, including seats reserved for women and non-Muslims.

(2) A person shall be entitled to vote if­—

(a) he is a citizen of Pakistan;

(b) he is not less than eighteen years of age;

(c) his name appears on the electoral roll; and

(d) he is not declared by a competent court to be of unsound mind.

(3) The seats in the National Assembly referred to in clause (1), except as provided in clause (4), shall be allocated to each Province, the Federally Administered Tribal Areas and the Federal Capital as under :—

General Seats Women Total
Balochistan 14 3 17
Khyber Pakhtunkhwa 35 8 43
Punjab 148 35 183
Sindh 61 14 75
Federally Administered Tribal Areas 12 12
Federal Capital 2 2
Total 272 60 332

(4) In addition to the number of seats referred to in clause (3), there shall be, in the National Assembly, ten seats reserved for non-Muslims.

(5) The seats in the National Assembly shall be allocated to each Province, the Federally Administered Tribal Areas and the Federal Capital on the basis of population in accordance with the last preceding census officially published.

(6) For the purpose of election to the National Assembly,—­

(a) the constituencies for the general seats shall be single member territorial constituencies and the members to fill such seats shall be elected by direct and free vote in accordance with law;

(b) each Province shall be a single constituency for all seats reserved for women which are allocated to the respective Provinces under clause (3);

(c) the constituency for all seats reserved for non-Muslims shall be the whole country;

(d) members to the seats reserved for women which are allocated to a Province under clause (3) shall be elected in accordance with law through proportional representation system of political parties’ lists of candidates on the basis of total number of general seats secured by each political party from the Province concerned in the National Assembly:

Provided that for the purpose of this paragraph the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates; and

(e) members to the seats reserved for non-Muslims shall be elected in accordance with law through proportional representation system of political parties’ lists of candidates on the basis of total number of general seats won by each political party in the National Assembly:

Provided that for the purpose of this paragraph the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates.]

___________________________________________________________________________

Footnotes:

1. Section 16 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted Art. 51, in its present form, (w.e.f. April 19, 2010), in place of Art. 51 as amended upto 2003 by the Constitution (Seventeenth Amendment), Act, 2003.  Art. 51 as substituted shall be deemed always to have been so substituted with effect from the 21st day of August, 2002.  Art. 51, as amended upto 2003 by  the Constitution (Seventeenth Amendment) Act, 2003  (3 of 2003), (w.e.f. December 31, 2003), read :

51.  National Assembly.— A[(1) There shall be three hundred and forty-two seats of the members in the National Assembly, including seats reserved for women and non-Muslims.

(1A)  The seats in the National Assembly referred to in clause (1), except as provided in clause (2A), are allocated to each Province, the Federally Administered Tribal Areas and the Federal Capital as under:—

General Seats Women Total
Balochistan 14 3 17
Khyber Pakhtunkhwa 35 8 43
Punjab 148 35 183
Sindh 61 14 75
Federally Administered Tribal Areas 12 12
Federal Capital 2 2
Total 272 60 332

(2)     A person shall be entitled to vote if—

(a)  he is a citizen of Pakistan;

(b)  he is not less than B[eighteen] years of age;

(c)  his name appears on the electoral roll; and

(d)  he is not declared by a competent Court to be of unsound mind c[.]

C[Proviso] Omitted.

D[(2A)  In addition to the number of seats referred to in clause (1A), there shall be, in the National Assembly, ten seats reserved for non-Muslims.]

(3)  The seats in the National Assembly shall be allocated to each Province, the Federally Administered Tribal Areas and the Federal Capital on the basis of population in accordance with the last preceding census officially published.

E[(4)   For the purpose of election to the National Assembly,—

(a)  the constituencies for the general seats shall be single member territorial constituencies and the members to fill such seats shall be elected by direct and free vote in accordance with law;

(b)  each Province shall be a single constituency for all seats reserved for women which are allocated to the respective Provinces under clause (1A);

(c)  the constituency for all seats reserved for non-Muslims shall be the whole country;

(d)  members to the seats reserved for women which are allocated to a Province under clause (1A) shall be elected in accordance with law through proportional representation system of political parties’ lists of candidates on the basis of total number of general seats secured by each political party from the Province concerned in the National Assembly F[:]

F[Provided that for the purpose of this sub-clause the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates;]

(e)  members to the seats reserved for non-Muslims shall be elected in accordance with law through proportional representation system of political parties’ lists of candidates on the basis of total number of general seats won by each political party in the National Assembly :

G[Provided that for the purpose of this sub clause the total number of general seats won by a political party shall include the independent, returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates;] ]

H[(4A)] Omitted.

I[(5)] Omitted.

J[(6)] Omitted.

A. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), validated the substitution of clause (1) of Art. 51 and addition of clause (1A) thereto, (w.e.f. December 31, 2003).  Item 3 of the schedule to C.E.O. No.24 of 2002 substituted clause (1) of Art. 51, in its present form, (w.e.f. August 21, 2002), in place of the clause as adopted in 1973 and added clause (1A) thereto.  Clause (1) of Art. 51 as adopted in 1973, read :

51.  National Assembly.—(1) The National Assembly shall consist of *a[two hundred and seven Muslim] members to be elected by direct and free vote in accordance with law.

B. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), validated the substitution of the word in paragraph (b) of clause (2) of Art. 51, (w.e.f. December 31, 2003).  Item 3 of the schedule to LFO (C.E.O. No. 24 of 2002), also substituted the said word in place of the words “twenty-one” in paragraph (b) of clause (2) of Art. 51, (w.e.f. August 21, 2002).  Item 11 of the schedule to RCO (P.O. No. 14 of 1985) had substituted the words “twenty-one” in place of the word “eighteen”, as adopted in 1973, (w.e.f. March 2, 1985).

C. Item 11 of the schedule to RCO (P.O. No. 14 of 1985), substituted the full-stop, in place of the colon at the end of paragraph (d) of clause 2 of Art. 51 and omitted the proviso thereto, (w.e.f. March 2, 1985).  The deleted proviso adopted in 1973, read :

” Provided that, for the purpose of the first general election to the National Assembly or an election to a seat falling vacant before the holding of the second general election to the Assembly, paragraph (b) shall have effect as if for the word “eighteen” therein the word “twenty one” were substituted.

D. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), also validated the substitution of clause (2A) of Art. 51, (w.e.f. December 31, 2003).  Item 3 of the schedule to LFO (C.E.O. No. 24 of 2002), substituted the said clause (2A) of Art. 51, in its present form, (w.e.f. August 21, 2002).  Item 11 of the schedule to RCO (P.O. No. 14 of 1985), had substituted clause (2A) of Art. 51, (w.e.f. March 2, 1985), in place of the said clause as inserted in 1975.  The said clause, with respect to non-muslim seats, as first substituted by RCO (P.O. No. 14 of 1985), read:

“2A.  In addition to the number of seats referred to in clause (1), there shall be in the National Assembly ten additional seats reserved as follows for the persons referred to in clause (3) of Article 106.—

Christians                                                                                                …. 4

Hindus and persons belonging to the Scheduled Castes       …. 4

Sikh, Budhist and Parsi communities & other non-Muslims     …. 1

Persons belonging to the Quadiani group or the Lahori

group (who call themselves Ahmadis)                                   …. 1”

Section 5(a) of the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), inserted clause (2A) of Art. 51,  (w.e.f. November 21, 1975, that read :

” (2A) In addition to the number of seats referred to in clause (1), there shall be in the National Assembly six additional seats reserved for the persons referred to in clause (3) of Art. 106.”

E. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003),  validated the substitution of clause (4) of Art. 51, (w.e.f. December 31, 2003).  Item 3 of the schedule to LFO (C.E.O. No. 24 of 2002), also substituted the said clause (4) of Art. 51, in its present form, (w.e.f. August 21, 2002), in place of the clause as adopted in 1973.  As the provision with respect to reserved seats for women has now been inserted in Art. 51(1), clause (4) thereof was, in any case, required to be deleted.  Clause (4) of Art. 51 as deleted by substitution, read :

“4  Until the expiration of a period of ten years from the commencing day or the holding of the *b[ third ] general election to the National Assembly, which ever occurs later,  *c [ twenty seats] in addition to the number of seats referred to in clause (1) shall be reserved for women and allocated to the Provinces in accordance with the Constitution and law.”

F. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), also validated the insertion of the proviso at the end of sub clause (d) of clause (4) of Art. 51, (w.e.f. December 31, 2003).  Art. 2(1) of the Legal Framework (Amendment) Order, 2002, C.E.O. No. 29 of 2002, substituted a colon, in place of the semi colon at the end of sub clause (d) of clause (4) of Art. 51 and inserted the said proviso thereto, (w.e.f. October 9, 2002).

G. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), validated the substitution of the proviso to sub clause (e) of clause (4) of Art. 51, (w.e.f. December 31, 2003).  Art. 2(1) of the Legal Framework (Amendment) Order, 2002, C.E.O. No. 29 of 2002, also substituted the proviso to sub clause (e) of clause (4) of Art. 51, (w.e.f. October 9, 2002), in place of the proviso as inserted by Item 3 of the schedule to LFO (C.E.O. No. 24 of 2002) (w.e.f. August 21, 2002).  The said proviso deleted by substitution, read :

“Provided that a political party securing less than five per centum of the total number of seats in the National Assembly shall not be entitled to any seat reserved for women or non-Muslims.

H. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), also validated the omission of clause (4A) of Art. 51, (w.e.f. December 31, 2003).  Item 3 of the schedule to LFO (C.E.O. No. 24 of 2002), omitted clause (4A) of Art. 51, (w.e.f. August 21, 2002).  Item 11 of the schedule to RCO (P.O. No. 14 of 1985) had substituted the said clause (4A) of Art. 51, (w.e.f. March 2, 1985), in place of the said clause as inserted in 1975.  The deleted clause read :

(4A) The members to fill the seats referred to in clause (2A) shall be elected, simultaneously with the members to fill the seats referred to in clause (1), on the basis of separate electorates by direct and free vote in accordance with law.

Section 5 of the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), inserted clause (4A) of Art. 51, (w.e.f. November 21, 1975), that read :

“(4A)  As soon as practicable after the general election to the National Assembly, the members to fill seats reserved in that Assembly for the persons referred to in clause (2A) shall be elected in accordance with law by the members of the Assembly referred to in clause (1).”

I. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), further validated the omission of clause (5) of Art. 51, (w.e.f. December 31, 2003).  Item 3 of the schedule to LFO (C.E.O. No. 24 of 2002), omitted the said clause (5) of Art. 51, (w.e.f. August 21, 2002).  Item 11 of the schedule to RCO (P.O. No. 14 of 1985) had substituted clause (5) of Art. 51, (w.e.f. March 2, 1985), in place of the said clause as adopted in 1973.  The deleted clause read :

(5) As soon as practicable after the general election to the National Assembly,  the  members to fill seats reserved for women which are allocated to a Province under clause (4) shall be  elected in accordance with law on the  basis of the system of proportional  representation by means of a single transferable vote by the electoral college consisting of the persons elected to the assembly from that Province.

Clause (5) of Art. 51 as adopted in 1973, read :

“(5)  For the purpose of election to the seats allocated to a province under clause (4), the members of the National Assembly from that province shall constitute the electoral college.”

J. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), validated the omission of clause (6) of Art. 51, (w.e.f. December 31, 2003).  Item 3 of the schedule to LFO (C.E.O. No. 24 of 2002), also omitted the said clause (6) of Art. 51, as adopted in 1973, (w.e.f. August 21, 2002).  The deleted clause, read :

“(6) Notwithstanding anything contained in this Article, the President may, by Order, make such provision as to the manner of filling the seats in the National Assembly allocated to the Federally Administered Tribal Areas as he may think fit.”

*a. Item 11 of the schedule to RCO (P.O. 14 of 1985), substituted the said words in place of the words “two hundred members”  in clause (1) of Art. 51, as adopted in 1973,  (w.e.f. March 2, 1985):

*b. Section 3 of the Constitution (Eighth Amendment Act, 1985 (18 of 1985), substituted the said word in place of the word “second” in clause (4) of Art. 51, as adopted in 1973, (w.e.f. November 11, 1985).

*c. Item 11 of the schedule to RCO (P.O. No. 14 of 1985) substituted the said words in place of the words “ten seats” in clause (4) of Art. 51, as adopted in 1973, (w.e.f. March 2, 1985).


Comparative Table of Article 51 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
20
Constitution of Pakistan 1956 :
44
Constitution of India 1950:
81&326
Government of India Act 1935:
19(2)(3)

___________________________________________________________________________________

Leading & Latest Cases on Article 51 of the Constitution of Pakistan, 1973 :

BEGUM SHIREEN BAHAR CHEEMA
FEDERATION OF PAKISTAN, CABINET DIVISION AND OTHERS
ELECTION COMMISSION OF PAKISTAN
M.P. BHANDRA
DR.NAILA REHMAN CHEEMA
FEDERATION OF PAKISTAN THROUGH SECRETARY CABINET DIVISION ISLAMABAD
PROVINCE OF PUNJAB
IMRAN KHAN
P L D 2013 SC 1
 
AIR MARSHAL (RETD.) MUHAMMAD ASGHAR KHAN GENERAL (RETD.) MIRZA ASLAM BAIG, FORMER CHIEF OF ARMY STAFF AND OTHER
P L D 2013 SC 120   IMRAN KHAN AND OTHERS  ELECTION COMMISSION OF PAKISTAN AND OTHERS
P L D 2013 SC 188  DR. MUHAMMAD ASLAM KHAKI AND OTHERS  S.S.P. (OPERATIONS) RAWALPINDI AND OTHERS
 

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: