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Article: 70 Introduction and passing of Bills

1[70.       Introduction and passing of Bills.— (1) A Bill with respect to any matter in the Federal Legislative List may originate in either House and shall, if it is passed by the House in which it originated, be transmitted to the other House; and, if the Bill is passed without amendment by the other House also, it shall be presented to the President for assent.

(2) If a Bill transmitted to a House under clause (1) is passed with amendments it shall be sent back to the House in which it originated and if that House passes the Bill with those amendments it shall be presented to the President for assent.

(3) If a Bill transmitted to a House under clause (1) is rejected or is not passed within ninety days of its laying in the House or a Bill sent to a House under clause (2) with amendments is not passed by that House with such amendments, the Bill, at the request of the House in which it originated, shall be considered in a joint sitting and if passed by the votes of the majority of the members present and voting in the joint sitting it shall be presented to the President for assent.

(4) In this Article and the succeeding provisions of the Constitution, “Federal Legislative List” means the Federal Legislative List in the Fourth Schedule.]

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Footnotes:

1. Section 23 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted Art. 70, in its present form, (w.e.f. April 19, 2010), in place of the Arts. 70 and 71 were substituted by deletion by Item 17 of the schedule to P.O. No. 14 of 1985, that read :

A[70.  Introduction and passing of Bills.—(1) A bill with respect to any matter in the Federal Legislative List or in the Concurrent Legislative List may originate in either House and shall, if it is passed by the House in which it originated, be transmitted to the other House; and, if the Bill is passed without amendment, by the other House also, it shall be presented to the President for assent.

(2)  If a Bill transmitted to a House under clause (1) is rejected or is not passed within ninety days of its receipt or is passed with amendment, the Bill, at the request of the House in which it originated, shall be B[referred to a Mediation Committee constituted under Article 71 for consideration and resolution thereon.]

C[(3)  Where a Bill is referred to the Mediation Committee under clause (2), the Mediation Committee shall, within ninety days, formulate an agreed Bill which is likely to be passed by both Houses of the Majlis-e-Shoora (Parliament) and place the agreed Bill separately before each House, and if both the Houses pass the Bill, it shall be presented to the President for assent.]

(4) In this Article and the succeeding provisions of the Constitution, “Federal Legislative List” and “Concurrent Legislative List” mean respectively the Federal Legislative List and the Concurrent Legislative List in the Fourth Schedule.]

A. Arts. 70 and 71 deleted by substitution in 1985, read :

70. Bills relating to matters in Part 1 of the Federal Legislative List—(1)  A bill with respect to any matter in part I of the Federal Legislative List shall originate in the National Assembly and shall, if it is passed by the Assembly, be transmitted to the Senate for its consideration.

(2)  The Senate may, within ninety days of the receipt of the Bill under clause (1), either pass it, with or without amendment, or reject it; and upon the failure of the Senate so to do, the Bill shall be deemed to have been passed by it without amendment at the expiration of that period.

(3)  If the Bill is passed without amendment by the Senate, or is deemed to have been so passed, it shall be presented to the President for assent.

(4)  If the Bill is passed with amendment or is rejected by the Senate, it shall be reconsidered by the National Assembly; and, if the Bill is again passed by the National Assembly, with or without amendment, it shall be presented to the President for assent.

(5)  For the purposes of the procedure prescribed in this Article, the question whether or not a Bill is with respect to any matter in Part I of the Federal Legislative List shall be decided by the President whose decision shall be final.

(6)  In this Article and the succeeding provisions of the Constitution, “Federal Legislative List” and “Concurrent Legislative List” mean respectively the Federal legislative List and the Concurrent Legislative List in the Fourth Schedule.

“ 71. Bills relating to matters in part II of the Federal Legislative List or the Concurrent Legislative List.—(1) A bill with respect to any matter in Part II of the Federal Legislative List or in the Concurrent Legislative List may originate in either House and shall, if it is passed by one House, be transmitted to the other House; and if the Bill is passed without amendment, by the other House also it shall be presented to the President for assent.

(2)  If a Bill transmitted to a House under clause (1) is rejected or is not passed within ninety days of its receipt or is passed with amendment, the Bill, at the request of the House in which it originated, shall be considered in a joint sitting.

(3)  If a request is made under clause (2), the President shall summon a joint sitting; and if the Bill is passed in the joint sitting, with or without amendment, by the votes of the majority of the total membership of the two Houses, the Bill shall be presented to the President for assent.

B. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), validated the substitution of the words at the end of clause (2) of Art. 70, (w.e.f. December 31, 2003).  Item 9 of the schedule to C.E.O. No. 24 of 2002, substituted the said words, at the end of clause (2) of Art. 70, in place of the words “considered in a joint sitting”, (w.e.f. August 21, 2002).

C. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), validated the substitution of clause (3) of Art. 70, (w.e.f. December, 2003).  Item 9 of the schedule to C.E.O. No. 24 of 2002, substituted the said clause (3) of Art. 70, in its present form, (w.e.f. August 21, 2002), in place of the said clause as inserted by item 17 of the schedule to P.O. No. 14 of 1985, that read :

“(3)  If a request is made under clause (2), the President shall summon a joint sitting; and, if the Bill is passed in the joint sitting, with or without amendment, by the votes of the majority of the total membership of the two Houses, it shall be presented to the President for assent.”


Comparative Table of Article 70 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
47
Constitution of Pakistan 1956 :
58
Constitution of India 1950:
107
Government of India Act 1935:
73


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Leading & Latest Cases on Article 70 of the Constitution of Pakistan, 1973 :

ABDUR RAHIM
FEDERATION OF PAKISTAN AND OTHERS
YASEEN SONS FEDERATION OF PAKSITAN
SAYPHIRE TEXTILE MILLS LTD. AND OTHERS
GOVERNMENT OF SINDH AND OTHERS
MIRPURKHAS SUGAR MILLS LIMITED
DISTRICT COUNCIL, THERPARKER
KHALID MALIK AND OTHERS
FEDERATION OF PAKISTAN AND OTHERS

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