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Article: 89 Power of President to promulgate Ordinances

89.  Power of President to promulgate Ordinances.(1) The President may, except when  the 1[Senate or] National  Assembly  is  in  session,  if  satisfied that circumstances exist which render it necessary to take immediate action, make and promulgate an Ordinance as the circumstances may require.(2)  An Ordinance promulgated under this Article shall have the same force and effect as an Act of 2[Majlis-e-Shoora (Parliament)] and shall be subject to like restrictions as the power of 2[Majlis-e-Shoora (Parliament)] to make law, but every such Ordinance–(a)     shall be laid –

(i)  before the National Assembly if it 3[contains provisions dealing with all or any of the matters specified in clause (2) of Article 73], and shall stand repealed at the expiration of 4[one hundred and twenty days] from its promulgation or, if before the expiration of that period a resolution disapproving it is passed by the Assembly, upon the passing of that resolution 4[ : ]

4[Provided that the National Assembly may by a resolution extend the Ordinance for a further period of one hundred and twenty days and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution disapproving it is passed by the Assembly, upon the passing of that resolution:

Provided further that extension for further period may be made only once.]

(ii)  before both Houses if it 5[does not contain provisions dealing with any of the matters referred to in sub-paragraph (i)], and shall  stand repealed at the expiration of 6[one hundred and twenty days] from its promulgation or, if before the expiration of that period a resolution disapproving it is passed by either House, upon the passing of that resolution 6[ : ]

6[Provided that either House may by a resolution extend it for a further period of one hundred and twenty days and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution disapproving it is passed by a House, upon the passing of that resolution:

Provided further that extension for a further period may be made only once; and]

(b)  may be withdrawn at any time by the President.

7[(3) without prejudice to the provisions of clause (2),—

(a) an Ordinance laid before the National Assembly under sub-paragraph (i) of paragraph (a) of clause (2) shall be deemed to be a Bill introduced in the National Assembly; and

(b) an Ordinance laid before both Houses under sub-paragraph(ii) of paragraph (a) of clause (2) shall be deemed to be a Bill introduced in the House where it was first laid.]

___________________________________________________________________________

Footnotes:

1. Section 27(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), inserted the said words, before the words “National Assembly”, in clause (1) of Art. 89, (w.e.f. April 19, 2010).

2.  See Footnote 2 on page 4.

3.  Section 2(a) of the Constitution (Second Amendment) Order, 1985 of P.O. No. 20 of 1985 substituted the said words and figure in place of the words “is with respect to a matter in Part I of the Federal Legislative List”,  in sub paragraph (i) of paragraph (a) of clause (2) of Art. 89, (w.e.f. March 17, 1985).

4. Section 27(ii)(a) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted the said words, in place of the words “four months”, in sub-paragraph (i) of paragraph (a) of clause (2) of Art. 89 and thereafter substituted a colon, in place of the semi colon, at the end of the said sub-paragraph and inserted a new proviso thereto, (w.e.f. April 19, 2010).

5.  Section 2(b) of the Constitution (Second Amendment) Order, 1985 of P.O. No. 20 of 1985 substituted the said words and figure in place of the words “is with respect to a matter in Part II of the Federal Legislative List or a matter in the Concurrent Legislative List”, to sub paragraph (ii) of paragraph (a) of clause (2) of Art. 89,  (w.e.f. March 17, 1985).

*  Item 20 of the schedule to P.O. 14 of 1985 effected major amendments in Articles 90 to 95 and deleted Article 96, (w.e.f. March 2, 1985).

6. Section 27(ii)(b) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted the said words, in place of the words “four months”, in sub-paragraph (ii) of paragraph (a) of clause (2) of Art. 89 and thereafter substituted a colon, in place of the semi colon, at the end of the said sub-paragraph and inserted a new proviso thereto, (w.e.f. April 19, 2010).

7. Section 27(iii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), also substituted clause (3) of Art. 89, in its present form, (w.e.f. April 19, 2010), in place of the said clause as adopted in 1973, that read :

“(3)  Without prejudice to the provisions of clause (2), an Ordinance laid before the National Assembly, shall be deemed to be a Bill introduced in the National Assembly.”


Leading & Latest Cases on Article 89 of the Constitution of Pakistan, 1973 :

FEDERATION OF PAKISTAN AND OTHERS
M. NAWAZ KHOKHAR AND OTHERS
MIAN HUSNAIN AHMAD
STATION HOUSE OFFICER AND OTHERS
MUHAMMAD RAFIQUE
FEDERATIO OF PAKISTAN
2005 CLC 452  MESSRS HINOPAK MOTORS LTD. AND OTHERS  FEDERATION OF PAKISTAN AND OTHERS
LT. GENERAL (RETD) JAMSHAID GULZAR, CHAIRMAN, FPSC
FEDERATION OF PAKISTAN THROUGH SECRETARY ESTABLISHMENT
 P L D 2008 SC 178  TIKA IQBAL MUHAMMAD KHAN  GENERAL PERVEZ MUSHARAF & OTHERS
SINDH HIGH COURT BAR ASSOCIATION THROUGH ITS SECRETARY AND ANOTHER
FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF LAW AND JUSTICE

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