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Article: 59 The Senate

1[59. The Senate.—(1) The Senate shall consist of one-hundred and four members, of whom,

(a) fourteen shall be elected by the members of each Provincial Assembly;

(b) eight shall be elected from the Federally Administered Tribal Areas, in such manner as the President may, by Order, prescribe;

(c) two on general seats, and one woman and one technocrat including aalim shall be elected from the Federal Capital in such manner as the President may, by Order, prescribe;

(d) four women shall be elected by the members of each Provincial Assembly;

(e) four technocrats including ulema shall be elected by the members of each Provincial Assembly; and

(f) four non-Muslims, one from each Province, shall be elected by the members of each Provincial Assembly:

Provided that paragraph (f) shall be effective from the next Senate election after the commencement of the Constitution (Eighteenth Amendment) Act, 2010.

(2) Election to fill seats in the Senate allocated to each Province shall be held in accordance with the system of proportional representation by means of the single transferable vote.

(3) The Senate shall not be subject to dissolution but the term of its members, who shall retire as follows, shall be six years :­

(a) of the members referred to in paragraph (a) of clause (1), seven shall retire after the expiration of the first three years and seven shall retire after the expiration of the next three years;

(b) of the. members referred to in paragraph (b) of the aforesaid clause, four shall retire after the expiration of the first three years and four shall retire after the expiration of the next three years;

(c) of the members referred to in paragraph (c) of the aforesaid clause,­—

(i) one elected on general seat shall retire after the expiration of the first three years and the other one shall retire after the expiration of the next three years; and

(ii) one elected on the seat reserved for technocrat shall retire after first three years and the one elected on the seat reserved for women shall retire after the expiration of the next three years;

(d) of the members referred to in paragraph (d) of the aforesaid clause, two shall retire after the expiration of the first three years and two shall retire after the expiration of the next three years;

(e) of the members referred to in paragraph (e) of the aforesaid clause, two shall retire after the expiration of the. first three years and two shall retire after the expiration of the next three years; and

(f) of the members referred to in paragraph (f) of the aforesaid clause, two shall retire after the expiration of first three years and two shall retire after the expiration of next three years:

Provided that the Election Commission for the first term of seats for non-Muslims shall draw a lot as to which two members shall retire after the first three years.

(4) The term of office of a person elected to fill a casual vacancy shall be the unexpired term of the member whose vacancy he has filled.

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Footnotes:

1. Section 18 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted Art. 59, in its present form, (w.e.f. April 19, 2010), in place of Art. 59 as amended upto 2003 by the Constitution (Seventeenth Amendment), Act, 2003 (3 of 2003) (w.e.f. December 31, 2003), that read

59. The Senate.— A[(1)  The Senate shall consist of one hundred members, of whom—

(a)     fourteen shall be elected by the members of each Provincial Assembly;

(b) eight shall be elected B[****] from the Federally Administered Tribal Areas, in such manner as the President may, by Order, prescribe;

(c)  two on general seats, and one woman and one technocrat including aalim shall be elected from the Federal Capital in such manner as the President may, by Order, prescribe;

(d)  four women shall be elected by the members of each Provincial Assembly;

(e)  four technocrats including ulema shall be elected by the members of each Provincial Assembly.]

(2)  Election to fill Seats in the Senate allocated to each Province shall be held in accordance with the system of proportional representation by means of the single transferable vote.

C[(3)  The Senate shall not be subject to dissolution but the term of its members, who shall retire as follows, shall be six years:—

(a)   of the  members  referred  to  in  paragraphs (a) of clause (1), seven shall  retire  after  the  expiration of the first three years and seven shall retire after the expiration of the next three years;

(b)  of the members referred to in paragraph (b) of the aforesaid clause,  four  shall  retire  after the expiration of the first three years and four shall retire after the expiration of the next three years;

D[(c)  of the members referred to in paragraph (c) of the aforesaid clause,—

(i)  one elected on general seat shall retire after the expiration of the first three years and the other one shall retire after the expiration of the next three years, and

(ii)  one elected on the seat reserved for technocrat shall retire after first three years and the one elected on the seat reserved for woman shall retire after the expiration of the next three years;

(d)  of the members referred to in paragraph (d) of the aforesaid clause, two shall retire after the expiration of the first three years and two shall retire after the expiration of the next three years; and

(e)  of the members referred to in paragraph (e) of the aforesaid clause, two shall retire after the expiration of the first three years and two shall retire after the expiration of the next three years :]

Provided that the term of office of a person elected E[****] to fill a casual vacancy shall be the unexpired term of the member whose vacancy he has filled.]

F[(4)] Omitted.

A. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003),  validated the substitution of clause (1) of Art. 59, (w.e.f. December 31, 2003).  Item 5 of the schedule to LFO (C.E.O. No. 24 of 2002), substituted the said clause (1) of Art. 59 in its present form, (w.e.f. August 21, 2002), in place of the clause as substituted and amended by RCO (P.O. No. 14 of 1985).

Item 15 of the schedule to RCO (P.O. No. 14 of 1985), (w.e.f. March 2, 1985), first increased the total number of senators, by adding a new category of senators, namely “ulema, technocrats and other professionals” from each province and increasing the number of senators to be elected from the Federal Capital and FATA.  Apart from adding new paragraph (d) to clause (1) of Art. 59, the said Item 15 did not change the form of the said clause as adopted in 1973.

Clause (1) of Art. 59 as adopted in 1973 and as substituted by item 15 of the schedule to RCO (P.O. No. 14 of 1985), (w.e.f. March 2, 1985), subject to a further minor substitution in paragraph (c) of the said clause, by the Constitution (Eighth Amendment) Act, 1985, read :

“(1)  The Senate shall consist of a*[eighty-seven] members, of whom,–

(a)  fourteen shall be elected by the members of each Provincial Assembly;

(b)  b*[eight] shall be elected by the members from the Federally Administered Tribal Areas in the National Assembly.  b*[****]

(c) c*[three] shall be d*[elected] from the Federal Capital in such manner as the President may, by Order,  prescribe e*[; and]

e*[(d)  five shall be elected by the member of each Provincial Assembly to represent ulema, technocrats and other professionals.]”

Item 15 of the schedule to RCO (P.O. No. 14 of 1985) effected the following changes in the paragraphs to clause (1) of Art. 59, as adopted in 1973,  (w.e.f. March 2, 1985) :

a*.  Substitution of the said words, in place of the words “sixty-three” in the said clause.

b*.  Substitution of the said word, in place of the word “five” in paragraph (b) of the said clause and deletion of the conjunction “and” at the end thereof.

c*. Substitution of the said word, in place of the word “two”, in paragraph (c) of the said clause.

d*.  Section 6(a) of the Constitution (Eighth Amendment) Act, 1985 (18 of 1985) substituted the said word, (w.e.f. November 11, 1985), in place of the word “chosen” as adopted in 1973.

e*.  Item 15 of the schedule to RCO (P.O. No. 14 of 1985), also inserted the semicolon and the conjunction “and” at the end of paragraph (c) of clause (1) of Art. 59 and thereafter added new paragraph (d) thereto. (w.e.f. March 2, 1985).

B. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003),  also validated the omission of the words, in sub clause (b) of clause (1) of Art. 59, (w.e.f. December 31, 2003).  Art. 2 of the Legal Framework (Second Amendment) Order, 2002, C.E.O. No. 32 of 2002, omitted the words“ by direct and free vote” appearing after the word “elected” in sub clause (b) of clause (1) of Art. 59, (w.e.f. October 26, 2002) and the said words shall be deemed to have always been so omitted.

C. Section 6(b) of the Constitution (Eighth Amendment) Act, 1985 (18 of 1985), substituted paragraphs (a), (b) and (c) of clause (3) of Art. 59 and added paragraph (d) thereto (w.e.f. November 11, 1985), in place of paragraphs (a), (b) and (c) as inserted in the said clause by item 15 of the schedule to RCO (P.O. No. 14 of 1985), (w.e.f. March 2, 1985).  Clause (3) of Art. 59 as first substituted by RCO (P.O. No. 14 of 1985), read :

“(3)  The Senate shall not be subject to dissolution but the term of its members, who shall retire as follows, shall be six years:-

(a)  of the members referred to in paragraphs (a) and (d) of clause (1), six shall retire after the expiration of the first two years, six shall retire after the expiration of the next two years and seven shall retire after the expiration of the next two years;

(b)  of the members referred to in paragraph (b), two shall retire after the expiration of the first two years and three shall retire after the expiration of every two years thereafter; and

(c)  of the members referred to in paragraph (c), one shall retire after the expiration of every two years;

Provided that 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 has filled.”

Clause (3) of Art. 59 as adopted in 1973, read :

“(3) The Senate shall not be subject to dissolution but the term of office of its members shall be four years, half of them retiring every two years, except in the case of the members elected by the members from the Federally Administered Tribal Areas, of whom three shall retire after the expiration of the first two years and two shall retire after the expiration of the next two years;

Provided that 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 has filled.”

D. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), also validated the substitution of paragraphs (c) and (d) of clause (3) of Art. 59 and addition of paragraph (e) thereto, (w.e.f. December 31, 2003).  Item 5 of the schedule to LFO (C.E.O. No. 24 of 2002), substituted the said paragraphs (c) and (d) of clause (3) of Art. 59, in their present form and added the said paragraph (e) thereto, (w.e.f. August 21, 2002), in place of the paragraphs (c) and (d) as substituted by section 6(b) of the Constitution (Eighth Amendment) Act, 1985 (18 of 1985), (w.e.f. November 11, 1985).  Paragraphs (c) and (d) of clause (3) of Art. 59 substituted in 1985, read :

“(c)   of the members referred to in paragraph (c) of the aforesaid clause,   one shall retire after the expiration of the first three years and  two shall retire after the expiration of the next three years; and

(d)  of the members referred to in paragraph (d) of the aforesaid clause, two shall retire after the expiration of the first three years and three shall retire after the expiration of the next three years:”

E. Section 6(b)(ii) of the Constitution (Eighth Amendment) Act, 1985 (18 of 1985), omitted the words “or chosen”  from the proviso to clause 3 of Art. 59. (w.e.f. November 11, 1985).

F. Section 6(c) of the Constitution (Eighth Amendment) Act, 1985 (18 of 1985), omitted clause (4) of Art. 59.,  (w.e.f. November 11, 1985).  The said clause was added by item 15 of the schedule to RCO (P.O. 14 of 1985).  The deleted clause, read :

“(4) A casual vacancy in the office of a member referred to in paragraph (d) of clause (1) shall be filled for the remainder of the term of such member by the members of the Provincial Assembly by whom such member had been elected electing another person under the said paragraph”.


Comparative Table of Article 59 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
Constitution of Pakistan 1956 :
Constitution of India 1950:
80
Government of India Act 1935:
18(2)(3)&(4)






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Leading & Latest Cases on Article 59 of the Constitution of Pakistan, 1973 :

FAROOQ HASSAN AND OTHERS
MUMTAZ AHMAD KHAN AND OTHERS
ZAFAR ALI SHAH
HAMIF KHAN
ENGR. IQBAL ZAFAR JHAGRA AND OTHERS
KHALILUR REHMAN AND 4 OTHERS

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