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41. The President. (1) There shall be a President of Pakistan who shall be the Head of State and shall represent the unity of the Republic.
    (2) A person shall not be qualified for election as President unless he is a Muslim of not less than forty-five years of age and is qualified to be elected as member of the National Assembly. 1[(3) The President 2[****] shall be elected in accordance with the provisions of the Second Schedule by the members of an electoral college consisting of—
    (a) the members of both Houses; and

(b) the members of the Provincial Assemblies.]

3***

(4) Election to the office of President shall be held not earlier than sixty days and not later than thirty days before the expiration of the term of the President in office:

Provided that, if the election cannot be held within the period aforesaid because the National Assembly is dissolved, it shall be held within thirty days of the general election to the Assembly. (5) An election to fill a vacancy in the office of President shall be held not later than thirty days from the occurrence of the vacancy: Provided that, if the election cannot be held within the period aforesaid because the National Assembly is dissolved, it shall be held within thirty days of the general election to the Assembly. (6) The validity of the election of the President shall not be called in question by or before any court or other authority.
4[(7)] Omitted

4[(8)] Omitted

4[(9)] Omitted

Footnotes:

1. Item 6 of the schedule to P.O. No. 14 of 1985 substituted clause (3) of Art. 41, in its present form, (w.e.f. March 2, 1985), in place of the clause as adopted in 1973, that read :

“(3) The President shall be elected by the members of Parliament in Joint sitting in accordance with the provisions of the Second Schedule”.

2. Section 13(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), omitted the words, brackets and figures “to be elected after the expiration of the term specified in clause (7)” from clause (3) of Art. 41, (w.e.f. April 19, 2010).

3** Article 1 of the schedule to the Constitution (Second Amendment) Order, 2007, President’s Order No. 6 of 207 (P.O. No. 6 of 2007), promulgated by President Musharraf, in the period of Constitutional deviation (between November 3, 2007 and December 15, 2007), w.e.f. December 14, 2007, purported to omit the words, brackets and figures “to be elected after the expiration of the term specified in clause (7)” from clause (3) of Article 41 of the Constitution, w.e.f. the 17th day of August, 1988.

As P.O. No. 6 of 2007, including the said purported Amendment, was not validated by the Parliament, after the general elections of 18th of February, 2008, they were held to void ab initio and of no legal effect in the Short Order dated 31st of July, 2009 and the detailed judgment of the Supreme Court dated 30th of September, 2009 in C.P. No. 09 of 2009 Sindh High Court Bar Association v/s Federation of Pakistan and others.

4. Section 13(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), omitted clauses (7), (8) and (9) of Art. 41, (w.e.f. April 19, 2010). The deleted clauses (7), (8) and (9) of Art. 41, read :

a[(7) The Chief Executive of the Islamic Republic of Pakistan—

(a) shall relinquish the office of Chief Executive on such day as he may determine in accordance with the judgement of the Supreme Court of Pakistan of the 12th May, 2000; and

(b) having received the democratic mandate to serve the nation as President of Pakistan for a period of five years shall, on relinquishing the office of the Chief Executive, notwithstanding anything contained in this Article or Article 43 or any other provision of the Constitution or any other law for the time being in force, assume the office of President of Pakistan forthwith and shall hold office for a term of five years under the Constitution, and Article 44 and other provisions of the Constitution shall apply accordingly b[:]

b[Provided that paragraph (d) of clause (1) of Article 63 shall become operative on and from the 31st day of December, 2004.]

c[(8) Without prejudice to the provisions of clause (7), any member or members of a House of Majlis-e-Shoora (Parliament) or of a Provincial Assembly, individually or jointly, may, not later than thirty days from the commencement of the Constitution (Seventeenth Amendment) Act, 2003, move a resolution for vote of confidence for further affirmation of the President in office by majority of the members present and voting, by division or any other method as prescribed in the rules made by the Federal Government under clause (9), of the electoral college consisting of members of both Houses of Majlis-e-Shoora (Parliament) and the Provincial Assemblies, in a special session of each House of Majlis-e-Shoora (Parliament) and of each Provincial Assembly summoned for the purpose, and the vote of confidence having been passed, the President, notwithstanding anything contained in the Constitution or judgment of any court, shall be deemed to be elected to hold office for a term of five years under the Constitution, and the same shall not be called in question in any court or forum on any ground whatsoever.

(9) Notwithstanding anything contained in the Constitution or any other law for the time being in force, the proceedings for the vote of confidence referred to in clause (8) shall be regulated and conducted by the Chief Election Commissioner in accordance with such procedure and the votes shall be counted in such manner as may be prescribed by the rules framed by the Federal Government :

Provided that clauses (8) and (9) shall be valid only for the forthcoming vote of confidence for the current term of the President in office.]

a. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), validated the substitution of clause (7) of Art. 41, (w.e.f. December 31, 2003). Item 2 of the schedule to C.E.O. No. 24 of 2002, substituted clause (7) of Art. 41, in its present form, (w.e.f. August 21, 2002), in place of the clause as inserted by item 6 of the schedule to P.O. No. 14 of 1985, (w.e.f. March 2, 1985). Clause (7) of Art. 41 as deleted by substitution, read :

“(7) Notwithstanding anything contained in this Article or Article 43, or any other Article of the Constitution or any other law, General Muhammad Zia-ul-Haq, in consequence of the result of the referendum held on the nineteenth day of December 1984, shall become the President of Pakistan on the day of the first meeting of Majlis-e-Shoora (Parliament) in joint sitting summoned after the elections to the Houses of Majlis-e-Shoora (Parliament) and shall hold office for a term of five years from that day; and Article 44 and other provisions of the Constitution shall apply accordingly.”

b. Section 2(1) of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), substituted a colon, in place of the full stop at the end of paragraph (b) of clause (7) of Art. 41 and added the proviso thereto, (w.e.f. December 31, 2003).

c. Section 2(2) of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), added new clauses (8) and (9), to Art. 41, (w.e.f. December 31, 2003).

37. Promotion of social justice and eradication of social evils.-The State shall-

(a) promote, with special care, the educational and economic interests of backward classes or areas;

(b) remove illiteracy and provide free and compulsory secondary education within minimum possible period;

(c) make technical and professional education generally available and higher education equally accessible to all on the basis of merit;

(d) ensure inexpensive and expeditious justice;

(e) make provision for securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment;

(f) enable the people of different areas, through education, training, agricultural and industrial development and other methods, to participate fully in all forms of national activities, including employment in the service of Pakistan;

(g) prevent prostitution, gambling and taking of injurious drugs, printing, publication, circulation and display of obscene literature and advertisements;

(h) prevent the consumption of alcoholic liquor otherwise than for medicinal and, in the case of non-Muslims, religious purposes; and

(i) decentralise the Government administration so as to facilitate expeditious disposal of its business to meet the convenience and requirements of the public.

Footnotes:

Comparative Table of Article 37 of the Constitution of Pakistan, 1973
Constitution of Pakistan 1962 :
8[4,6,7,8,13,19 & 20

Constitution of Pakistan 1956 :
28

Constitution of India 1950:
38

Government of India Act 1935:

Leading & Latest Cases on Article 37 of the Constitution of Pakistan, 1973 :

P L D 1976 LAHORE 930 NIZAM KHAN ADDITIONAL DISTRICT JUDGE LYALLPUR AND OTHERS
P L D 1988 SC 416
BENAZIR BHUTTO
FEDERATION OF PAKISTAN AND OTHERS
P L D 1990 KARACHI 342 FARHAT JALEEL AND OTHERS PROVINCE OF SINDH AND OTHERS
P L D 1996 KARACHI 1 ZOHRA AND 5 OTHERS THE GOVERNMENT OF SINDH, HEALTH DEPARTMENT AND ANOTHER
P L D 1998 SC 1445
MEHRAM ALI AND OTHERS
FEDERATION OF PAKISTAN AND OTHERS
2000 YLR 2724 PHILIPS ELECTRICAL INDUSTRIES OF PAKISTAN LTD. PAKISTAN AND OTHERS
2001 SCMR 865 N.E.D. UNIVERSITY OF ENGINEERING AND TECHNOLOGY ABDUL FAREED AND ANOTHER
2003 CLC 18 MUHAMMAD AKRAM AND OTHERS SELECTION COMMITTEE FOR ADMISSION IN FIRST YEARS M.B.B.S.,
P L D 2004 LAHORE 733
PROVINCE OF PUNJAB
MISS ANAM ALI BHATTI AND OTHERS
P L D 2005 LAHORE 428 SYEDA SHAZIA IRSHAD BOKHARI GOVERNMENT OF PUNJAB
P L D 2007 KARACHI 224 UMEED ALI AND 12 OTHERS GOVERNMENT OF SINDH AND OTHERS

36. Protection of minorities.-The State shall safeguard the legitimate rights and interests of minorities, including their due representation in the Federal and Provincial services.

Footnotes:

Comparative Table of Article 36 of the Constitution of Pakistan, 1973

Constitution of Pakistan 1962 :
8[3]
Constitution of Pakistan 1956 :
27
Constitution of India 1950:
29
Government of India Act 1935:

Leading & Latest Cases on Article 36 of the Constitution of Pakistan, 1973 :

P L D 1990 QUETTA 70
A.F. ABADAN AND OTHERS
GOVERNMENT OF BALOCHISTAN AND OTHERS
1993 SCMR 1718
ZAHEERUDDIN
STATE
P L D 2005 LAHORE 354
HAFIZ ASMATULLAH
GOVERNMENT OF PUNJAB AND OTHERS

Article: 31 Islamic way of life

31. Islamic way of life.-(1) Steps shall be taken to enable the Muslims of Pakistan, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam and to provide facilities whereby they may be enabled to understand the meaning of life according to the Holy Quran and Sunnah.

(2) The State shall endeavour, as respects the Muslims of Pakistan,

(a) to make the teaching of the Holy Quran and Islamiat compulsory, to encourage and facilitate the learning of Arabic language and to secure correct and exact printing and publishing of the Holy Quran;

(b) to promote unity and the observance of the Islamic moral standards; and

(c) to secure the proper organisation of Zakat, 1[ushr,] auqaf and mosques

27. Safeguard against discrimination in services.- (1) No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth:

Provided that, for a period not exceeding 1[forty] years from the commencing day, posts may be reserved for persons belonging to any class or area to secure their adequate representation in the service of Pakistan:

Provided further that, in the interest of the said service, specified posts or services may be reserved for members of either sex if such posts or services entail the performance of duties and functions which cannot be adequately performed by members of the other sex 2[ : ]

2[Provided also that under-representation of any class or area in the service of Pakistan may be redressed in such manner as may be determined by an Act of Majlis-e-Shoora (Parliament).]

(2) Nothing in clause(1) shall prevent any Provincial Government, or any local or other authority in a Province, from prescribing, in relation to any post or class of service under that Government or authority, conditions as to residence in the Province, for a period not exceeding three years, prior to appointment under that Government or authority.

Footnotes:

1. Section 2 of the Constitution (Sixteenth Amendment) Act, 1999 (7 of 1999), substituted the said word in place of the word “twenty”, in the proviso to clause (1) of Art. 27, (w.e.f. August 5, 1999). The proviso, as first adopted in 1973, contained the word “Ten” and by virtue of Item 4 of the Schedule to P.O. No. 14 of 1985 the word “twenty” was substituted therefor (w.e.f. March 2, 1985).
2. Section 10 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted a colon, in place of the full stop, at the end of the second proviso to clause (1) of Art. 27 and added a new proviso thereto, (w.e.f. April 19, 2010).

Comparative Table of Article 27 of the Constitution of Pakistan, 1973
Constitution of Pakistan 1962 :
6(VIII.17)

Constitution of Pakistan 1956 :
17

Constitution of India 1950:
15(1)

Government of India Act 1935:

Leading & Latest Cases on Article 27 of the Constitution of Pakistan, 1973 :

P L D 1995 LAHORE 584 MRS. NASEEM FIRDAUS PUNJAB SMALL INDUSTRIES CORPORATION AND OTHERS
1997 SCMR 1043
MUSHTAQ AHMAD MOHAL AND OTHERS
THE HONOURABLE LAHORE HIGH COURT, LAHORE, AND OTHERS
1999 SCMR 2308 GHAZI M. ABDUL KHALIQ AND OTHERS
P L D 1999 SC 1126
NEW JUBILEE INSURANCE COMPANY LTD., KARACHI
NATIONAL BANK OF PAKISTAN. KARACHI
P L D 2001 QUETTA 72 DR. MRS. BUSHRA MAGSI DISTRICT MAGISTRATE/DEPUTY COMMISSIONER, JHAL MAGSI AT GANDAWAH
2005 MLD 1053
SHAUKAT ALI WAHLA, SUPERINTENDENT, ZONAL OFFICE, AUQAF,SARGODHA
CHIEF ADMINISTRATOR OF AUQAF, PUNJAB, LAHORE

[25A. Right to education.—The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law.]

Footnotes:

1. Section 9 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), inserted a new Art. 25A, after Art. 25 of the Constitution, (w.e.f. April 19, 2010).

Leading & Latest Cases on Article 184 of the Constitution of Pakistan, 1973 :

P L D 2013 SC 188 DR. MUHAMMAD ASLAM KHAKI AND OTHERS S.S.P. (OPERATIONS) RAWALPINDI AND OTHERS

257. Provision relating to the State of Jammu and Kashmir.-When the people of the State of Jammu and Kashmir decide to accede to Pakistan, the relationship between Pakistan and that State shall be determined in accordance with the wishes of the people of that State.

Footnotes:

Comparative Table of Article 257 of the Constitution of Pakistan, 1973

Constitution of Pakistan 1962 :
221
Constitution of Pakistan 1956 :
203
Constitution of India 1950:
370
Government of India Act 1935:

Leading & Latest Cases on Article 257 of the Constitution of Pakistan, 1973:

254. Failure to comply with requirement as to time does not render an act invalid.- When any act or thing is required by the Constitution to be done within a particular period and it is not done within that period, the doing of the act or thing shall not be invalid or otherwise ineffective by reason only that it was not done within that period.

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Footnotes:

Comparative Table of Article 254 of the Constitution of Pakistan, 1973
Constitution of Pakistan 1962 :
218
Constitution of Pakistan 1956 :
—
Constitution of India 1950:
365
Government of India Act 1935:
—

Leading & Latest Cases on Article 254 of the Constitution of Pakistan, 1973 :

P L D 1989 SC 75

REFERENCE NO.1 OF 1988 MADE BY THE PRESIDENT OF PAKISTAN
UNDER ARTICLE 186 OF THE CONSTITUTION OF PAKSITAN
2001 SCMR 1161
MST. ATTIYYA BIBI KHAN AND OTHERS
FEDERATION OF PAKISTAN THROUGH SECRETARY OF EDUCATION
P L D 2002 SC 823
JUMA KHAN AND OTHERS
MST. BIBI ZENABA AND OTHERS

251. National language.-(1) The National language of Pakistan is Urdu, and arrangements shall be made for its being used for official and other purposes within fifteen years from the commencing day.

(2) Subject to clause (1), the English language may be used for official purposes until arrangements are made for its replacement by Urdu.

(3) Without prejudice to the status of the National Language, a Provincial Assembly may by law prescribe measure for the teaching, promotion and use of a provincial language in addition to the national language.

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Footnotes:

Comparative Table of Article 251 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
215
Constitution of Pakistan 1956 :
214
Constitution of India 1950:
343
Government of India Act 1935:
Omitted.
Leading & Latest Cases on Article 251 of the Constitution of Pakistan, 1973 :

P L D 1967 SC 501
SHAMSUDDIN AHMED
REGISTRAR, HIGH COURT OF EAST PAKISTAN, DACCA

248. Protection to President, Governor, Minister, etc.-(1) The President, a Governor, the Prime Minister, a Federal Minister, a Minister of State, the Chief Minister and a Provincial Minister shall not be answerable to any Court for the exercise of powers and performance of functions of their respective offices or for any act done or purported to be done in the exercise of those powers and performance of those functions:

Provided that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Federations or a Province.

(2) No criminal proceedings whatsoever shall be instituted or continued against the President or a Governor in any Court during his term of office.

(3) No process for the arrest or imprisonment of the President or a Governor shall issue from any Court during his term of office.

(4) No civil proceedings in which relief is claimed against the President or a Governor shall be instituted during his term of office in respect of anything done or not done by him in his personal capacity whether before or after he enters upon his office unless, at least sixty days before the proceedings are instituted, notice in writing has been delivered to him, or sent to him in the manner prescribed by law, stating the nature of the proceedings, the cause of action, the name, description, and place of residence of the party by whom the proceedings are to be instituted and the relief which the party claims.