h1

Article: 75 President’s assent to Bills

1[75.    President’s   assent   to  Bills.—(1)  When a  bill is  presented  to the President for assent, the President shall, within 2[ten] days, —

(a)  assent to the Bill; or

(b)  in the case of a Bill other than a Money Bill, return the Bill to the Majlis-e-Shoora (Parliament) with a message requesting that the Bill, or any specified provision thereof, be reconsidered and that any amendment specified in the message be considered.]

3[(2)   When   the   President  has  returned  a  Bill   to   the   Majlis-e-Shoora (Parliament), it shall be reconsidered by the Majlis-e-Shoora (Parliament) 4[****] and, if it is again passed, with or without amendment, by the Majlis-e-Shoora (Parliament), 5[in accordance with article 70] it shall be deemed for the purposes of the Constitution to have been passed by both Houses and shall be presented to the President and the President shall not with hold assent therefrom].

(3)  When the President has assented to a Bill, it shall become law and be called an Act of Majlis-e-Shoora (Parliament).

(4)  No act of Majlis-e-Shoora (Parliament), and no provision in any such Act, shall be invalid by reason only that some recommendation, previous sanction or consent required by the Constitution was not given if that Act was assented to in accordance with the Constitution.]

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Footnotes:

1.  Item 19 of the schedule to P.O. No. 14 of 1985, changed the title of Art. 75 and substituted clauses 1 and 3, of Art. 75, in their present form, and added clause 4 thereto, (w.e.f. March 2, 1985).  Clause 1 and 3 as adopted in 1973 read :

“75.  Assent by the President.—(1)  The President shall assent to a Bill within seven days after it has been presented to him for assent under Article 70, Article 71 or Article 73 and if the President fails to do so he shall be deemed to have assented to the Bill at the expiration of the said period.

(3)  No Act of Parliament, and no provision in any such Act, shall be invalid by reason only that some recommendation, previous sanction or consent required by the Constitution was not given if that Act was assented to or deemed to have been assented to in accordance with the Constitution”.

2.  Section 26(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted the said word, in place of the word “thirty”, in clause (1) of Art. 75, (w.e.f. April 19, 2010). Section 8(a) of the Constitution (Eighth Amendment) Act, 1985 (18 of 1985), was substituted the said word in place of the words “forty-five” in clause (1) of Art. 75, (w.e.f. November 11, 1985).

3. Section 26(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted clause (2) of Art. 75, in its present form, (w.e.f. April 19, 2010), in place of the said clause as substituted by Section 8(a) of the Constitution (Eighth Amendment) Act, 1985 (18 of 1985), (w.e.f. November 11, 1985), that read :

(2)   When   the   President  has  returned  a  Bill   to   the   Majlis-e-Shoora (Parliament), it shall be reconsidered by the Majlis-e-Shoora (Parliament) a*[****] and, if it is again passed, with or without amendment, by the Majlis-e-Shoora (Parliament), b*[in accordance with article 70] it shall be deemed for the purposes of the Constitution to have been passed by both Houses and shall be presented to the President and the President shall not with hold assent therefrom.

Clause (2) of Art. 75, as first substituted by Item 19 of the schedule to P.O. No. 14 of 1985 (w.e.f. March 2, 1985), that read :

“(2)  When the President has returned a Bill to the Majlis-e-Shoora (Parliament), it shall be reconsidered by the Majlis-e-Shoora (Parliament) in joint sitting and, if it is again passed, with or without amendment, by the Majlis-e-Shoora (Parliament), by the votes of the majority of the total membership of the two Houses, it shall be again presented to the President and the President shall assent thereto.”

Clause (2) of Art. 75 as adopted in 1973, read :

“(2)  When the President has assented or is deemed to have assented to a Bill, it shall become law and be called an Act of Parliament.”

a*-b*.  Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), validated the omission and substitution, respectively, of the words in clause (2) of Art. 75, (w.e.f. December 31, 2003).  Item 12 of the schedule to C.E.O. No. 24 of 2002 omitted the words, “in joint sitting” in clause (2) of Art. 75 and substituted the said words, in place of the words, “by the votes of the majority of the members of both Houses present and voting” therein, (w.e.f. August 21, 2002).


Comparative Table of Article 75 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
27(1)
Constitution of Pakistan 1956 :
57
Constitution of India 1950:
111
Government of India Act 1935:
32


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Leading & Latest Cases on Article 75 of the Constitution of Pakistan, 1973 :

M.A. KHUHRO
THE FEDERATION OF PAKISTAN AND OTHERS
MUHAMMAD ASLAM KHAN AND OTHERS
FEDERAL LAND COMMISSION AND OTHERS

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