Category: preamble

232. Proclamation of emergency on account of war, internal disturbance, etc.—(1) If the President is satisfied that a grave emergency exists in which the security of Pakistan, or any part thereof, is threatened by war or external aggression, or by internal disturbance beyond the power of a Provincial Government to control, he may issue a Proclamation of Emergency 1[ : ]

1[Provided that for imposition of emergency due to internal disturbances beyond the powers of a Provincial Government to control, a Resolution from the Provincial Assembly of that Province shall be required:

Provided further that if the President acts on his own, the Proclamation of Emergency shall be placed before both Houses of Majlis-e-Shoora (Parliament) for approval by each House within ten days.]

(2) Notwithstanding anything in the Constitution, while a Proclamation of Emergency is in force, —

2[(a) Majlis-e-Shoora (Parliament) shall have power to make laws for a Province, or any part thereof, with respect to any matter not enumerated in the Federal Legislative List or the Concurrent Legislative List;]

(b) the executive authority of the Federation shall extend to the giving of directions to a Province as to the manner in which the executive authority of the Province is to be exercised; and

(c) the Federal Government may by Order assume to itself, or direct the Governor of a Province to assume on behalf of the Federal Government, all or any of the functions of the Government of the Province, and all or any of the powers vested in, or exercisable by, any body or authority in the Province other than the Provincial Assembly, and make such incidental and consequential provisions as appear to the Federal Government to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending, in whole or in part, the operation of any provisions of the Constitution relating to any body or authority in the Province:

Provided that nothing in paragraph (c) shall authorise, the Federal Government to assume to itself, or direct the Governor of the Province to assume on its behalf, any of the powers vested in or exercisable by a High Court, or to suspend either in whole or in part the operation of any provisions of the Constitution relating to High Courts.

(3) The power of3[Majlis-e-Shoora (Parliament)] to make laws for a Province with respect to any matter shall include power to make laws conferring powers and imposing duties, or authorizing the conferring of powers and the imposition of duties upon the Federation, or officers and authorities of the Federation, as respects that matter.

(4) Nothing in this Article shall restrict the power of a Provincial Assembly to make any law which under the Constitution it has power to make, but if any provision of a Provincial law is repugnant to any provision of an Act of 3[Majlis-e-Shoora (Parliament)] which 3[Majlis-e-Shoora (Parliament)] has under this Article power to make, the Act of 3[Majlis-e-Shoora (Parliament)] whether passed before or after the Provincial law, shall prevail and the Provincial law shall, to the extent of the repugnancy, but so long only as the Act of3[Majlis-e-Shoora (Parliament)] continues to have effect, be void.

(5) A law made by 3[Majlis-e-Shoora (Parliament)], which 3[Majlis-e-Shoora (Parliament)] would not but for the issue of a Proclamation of Emergency have been competent to make, shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the Proclamation of Emergency has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period.

(6) While a Proclamation of Emergency is in force,3[Majlis-e-Shoora (Parliament)] may by law extend the term of the National Assembly for a period not exceeding one year and not extending in any case beyond a period of six months after the Proclamation has ceased to be in force.

(7) A Proclamation of Emergency shall be laid before a joint sitting which shall be summoned by the President to meet within thirty days of the Proclamation being issued and—

(a) shall cease to be in force at the expiration of two months unless before the expiration of that period it has been approved by a resolution of the joint sitting; and

4[(b) shall, subject to the provisions of paragraph (a), cease to be in force upon a resolution disapproving the Proclamation being passed by the votes of the majority of the total memberships of the two Houses in joint sitting.]

(8) Notwithstanding anything contained in clause (7), if the National Assembly stands dissolved at the time when a Proclamation of Emergency is issued, the Proclamation shall continue in force for a period of four months but, if a general election to the Assembly is not held before the expiration of that period, it shall cease to be in force at the expiration of that period unless it has earlier been approved by a resolution of the Senate.

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Footnotes:

1. Section 86 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted a colon, in place of the full stop, at the end of clause (1) of Art. 232 and added the said new provisos thereto, (w.e.f. April 19, 2010).
2. Item 47 of the Schedule to P.O. No. 14 of 1985, substituted paragraph (a) of clause 2 of Art. 232 in its present form, (w.e.f. March 2, 1985), in place of the said paragraph as adopted in 1973, that read :

“(a) Parliament shall have power to make laws for a province, or any part thereof, with respect to any matter enumerated in Part II of the Federal Legislative List or the Concurrent Legislative List or with respect to any matter not enumerated in either of those Lists, as if it were a matter specified in Part I of the Federal Legislative List;”

3. See Footnote 2 on page 4.
4. Section 3 of the Constitution (Third Amendment) Act, 1975 (22 of 1975) substituted paragraph (b) of clause 7 of Article 232, in its present form, (w.e.f. February 13, 1975), in place of the said paragraph as adopted in 1973, read :

“(b) may by resolution of a joint sitting, be continued in force for a period not exceeding six months at a time.”

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Comparative Table of Article 232 of the Constitution of Pakistan, 1973:
Constitution of Pakistan 1962 :
30(a)(b)
Constitution of Pakistan 1956 :
191(1)
Constitution of India 1950:
355
Government of India Act 1935:

45(1)(a)(b)

Leading & Latest Cases on Article 232 of the Constitution of Pakistan, 1973 :

P L D 1972 SC 139 ASMA JILANI GOVERNMENT OF THE PUNJAB AND ANOTHER
P L D 1976 LAHORE 1250
MUHAMMAD SULEMAN
ISLAMIC REPUBLIC OF PAKISTAN AND OTHERS
P L D 1999 SC 504 SH. LIAQUAT HUSSAIN AND OTHERS FEDERATION OF PAKISTAN through Ministry of Law, Justice and Parliament
P L D 2000 SC 869
SYED ZAFAR ALI SHAH AND OTHERS
GENERAL PERVEZ. MUSHARRAF, CHIEF EXECUTIVE OF PAKISTAN AND OTHERS
P L D 1999 SC 57
SARDAR FAROOQ AHMED KHAN LEGHARI
FEDERATION OF PAKISTAN AND OTHERS
1999 CLC 607 SHAUKAT ALI MIAN AND ANOTHER THE FEDERATION OF PAKISTAN
P L D 2000 SC 111
JAMIAT-ISLAM PAKISTAN through Syed Munawar Hassan, Secretary-General
FEDERATION OF PAKISTAN through Secretary, Law, Justice and Affairs
P L D 2001 SC 233
WASIM SAJJAD AND OTHERS
FEDERATION OF PAKISTAN THROUGH SECRETARY CABINET DIVISION AND OTHERS
P L D 2008 SC 178 TIKA IQBAL MUHAMMAD KHAN GENERAL PERVEZ MUSHARAF & OTHERS
P L D 2008 SC 735
LET. GEN (R) SALAHUDDIN TIRMIZI
ELECTION COMMISSION OF PAKISTAN

227. Provisions relating to the Holy Quran and Sunnah.-(1) All existing laws shall be brought in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah, in this Part referred to as the Injunctions of Islam, and no law shall be enacted which is repugnant to such injunctions.

1[Explanation.-In the application of this clause to the personal law of any Muslim sect, the expression “Quran and Sunnah” shall mean the Quran and Sunnah as interpreted by that sect.]

(2) Effect shall be given to the provisions of clause (1) only in the manner provided in this Part.

(3) Nothing in this Part shall affect the personal laws of non-Muslim citizens or their status as citizens.

Footnotes:

1. Section 2 of the Constitution (Third Amendment) Order, 1980, P.O. No. 14 of 1980, added the said Explanation to Art. 227, (w.e.f. September 18, 1980).

Comparative Table of Article 227 of the Constitution of Pakistan, 1973:
Constitution of Pakistan 1962 :
204(a)&(b)
Constitution of Pakistan 1956 :
198

Constitution of India 1950:

Government of India Act 1935:

Leading & Latest Cases on Article 227 of the Constitution of Pakistan, 1973 :

P L D 1993 SC 901
KANEEZ FATIMA
WALI MUHAMMAD AND ANOTHER
P L D 1997 LAHORE 434
DR. HAMEED AHMAD AYAZ
GOVERNMENT OF PUNJAB
P L D 2000 SC 225
Dr. M. Aslam Khaki
Syed Muhammad Hashim and 2 others
P L D 2001 KARACHI 240
RAUF B. KADRI AND OTHERS
FEDERATION OF PAKISTAN THROUGH FEDERAL SECRETARY LAW AND OTHERS
P L D 2001 SC 18
HAJI RANA MUHAMMAD SHABBIR AHMAD KHAN
FEDERATION OF PAKISTAN THROUGH ATTORNEY-GENERAL FOR PAKISTAN
P L D 2005 LAHORE 354 HAFIZ ASMATULLAH GOVERNMENT OF PUNJAB AND OTHERS

PART VIII

Elections

CHAPTER 1. – CHIEF ELECTION COMMISSIONER AND ELECTION 1[COMMISSION].

213.Chief Election Commissioner.-(1) There shall be a Chief Election Commissioner (in this Part referred to as the Commissioner), who shall be appointed by the President 2[****].

            (2) No person shall be appointed to be Commissioner unless he is, or has been, a Judge of the Supreme Court or is, or has been, a Judge of a High Court and is qualified under paragraph (a) of clause (2) of Article 177 to be appointed a Judge of the Supreme Court.

            3[(2A). The Prime Minister shall in consultation with the Leader of the Opposition in the National Assembly, forward three names for appointment of the Commissioner to a Parliamentary Committee for hearing and confirmation of any one person.

             (2B) The Parliamentary Committee to be constituted by the Speaker shall comprise fifty percent members from the Treasury Benches and fifty percent from the Opposition Parties, based on their strength in Majlis-e-Shoora (Parliament), to be nominated by the respective Parliamentary Leaders:

             Provided that in case there is no consensus between the Prime Minister and the Leader of the Opposition, each shall forward separate lists to the Parliamentary Committee for consideration which may confirm any one name:

       4[Provided further that the total strength of the Parliamentary Committee shall be twelve members out of which one-third shall be from the Senate.]

             Provided also that when the National Assembly is dissolved and a vacancy occurs in the office of the Chief Election Commissioner, the 5[total membership of the Parliamentary Committee shall consists of] the members from the Senate only and the foregoing provisions of this clause shall, mutatis mutandis. apply.]

            (3)  The Commissioner shall have such powers and functions as are conferred on him by the Constitution and law.

Footnotes:

Section 3 of the Constitution (Twenty-second Amendment) Act, 2016 (XXV of 2016), substituted the said word, in place of the word “COMMISSIONS” in the heading, in Chapter 1 of Part VIII of the Constitution, (w.e.f. June 9, 2016).
Section 77(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), omitted the words “in his discretion” from clause (1) of Art. 213, (w.e.f. April 19, 2010). Item 46 of the schedule to RCO (P.O. No. 14 of 1985), was added the said words at the end of clause 1 of Art. 213, (w.e.f. March 2, 1985).
Section 77(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), inserted new clauses (2A) and (2B), in their present form, after clause (2) of Art. 213, (w.e.f. April 19, 2010).
Section 6(i) of the Constitution (Nineteenth Amendment) Act, 2010 (1 of 2011), substituted the second proviso of clause (2B) of Art. 213, in its present form, (w.e.f. January 1, 2011), in place of the said second proviso as adopted by Section 77(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), (w.e.f. April 19, 2010). The second proviso, as adopted in April, 2010, read :
Provided further that the total strength of the Parliamentary Committee shall not exceed twelve members out of which one-third shall be from the Senate:

      5. Section 6(ii) of the Constitution (Nineteenth Amendment) Act, 2010 (1 of 2011), substituted the said words, in place of the words “Parliamentary Committee shall comprise”, in the third proviso to clause (2B) of Art. 213, (w.e.f. January 1, 2011),

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Comparative Table of Article 213 of the Constitution of Pakistan, 1973:
Constitution of Pakistan 1962 :
147
Constitution of Pakistan 1956 :
137(2)

Constitution of India 1950:

Government of India Act 1935:
291

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Leading & Latest Cases on Article 213 of the Constitution of Pakistan, 1973 :

P L D 1993 SC 473
MUHAMMAD NAWAZ SHARIF
PRESIDENT OF PAKISTAN AND OTHERS
P L D 1995 SC 66
SABIR SHAH
SHAD MUHAMMAD KHAN, MEMBER PROVINCIAL ASSEMBLY, NWFP AND ANOTHER
P L D 2003 LAHORE 43
PAKISTAN LAWYERS FORUM
FEDERATION OF PAKISTAN AND 2 OTHERS
SC Judgment against the appointment of Chairman,National Accountability Bureau Ch. Nisar Ali Khan Federation of Pakistan, etc.

20. Freedom to profess religion and to manage religious institutions. Subject to law, public order and morality

(a) every citizen shall have the right to profess, practise and propagate his religion; and

(b) every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions.

Footnotes:

Comparative Table of Article 20 of the Constitution of Pakistan, 1973
Constitution of Pakistan 1962 :
6(IV.10)

Constitution of Pakistan 1956 :
18

Constitution of India 1950:
26

Government of India Act 1935:

Leading & Latest Cases on Article 20 of the Constitution of Pakistan, 1973 :

P L D 1978 LAHORE 113 ABDUR REHMAN AND OTHERS AMIR ALI SHAH BOKHARI AND OTHERS
1993 SCMR 1718
ZAHEERUDDIN
STATE
P L D 1998 KARACHI 189
PERCY ROBINSON AND OTHERS
REVEREND BASHIR JIWAN AND OTHERS
P L D 1998 SC 161
MALIK ASAD ALI AND OTHERS
FEDERATION OF PAKISTAN THROUGH SECRETARY, LAW, JUSTICE AND PARLIAMENTAF
P L D 2005 LAHORE 354
HAFIZ ASMATULLAH
GOVERNMENT OF PUNJAB AND OTHERS
2005 CLC 678 HAJI MUHAMMAD HANIF ABBASI AND 2 OTHERS CAPITAL DEVELOPMENT AUTHORITY THROUGH CHAIRMAN, ISLAMABAD
P L D 2007 KARACHI 116
IMDAD HUSSAIN
PROVINCE OF SINDH THROUGH SECRETARY TO GOVERNMENT OF SINDH

[19A. Right to information.—Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law]

Footnotes:

1. Section 7 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), inserted a new Art. 19A, after Art. 19 of the Constitution, (w.e.f. April 19, 2010).

Leading & Latest Cases on Article 19A of the Constitution of Pakistan, 1973 :

P L D 2011 KARACHI 177
MUHAMMAD MASOOD BUTT
S.M. CORPORATION (PVT)LTD AND 5 OTHERS

199. Jurisdiction of High Court.—(1) Subject to the Constitution, a High Court may, if it is satisfied that no other adequate remedy is provided by law,—(a) on the application of any aggrieved party, make an order—(i) directing a person performing, within the territorial jurisdiction of the Court, functions in connection with the affairs of the Federation, a Province or a local authority, to refrain from doing anything he is not permitted by law to do, or to do anything he is required by law to do; or(ii) declaring that any act done or proceeding taken within the territorial jurisdiction of the Court by a person performing functions in connection with the affairs of the Federation, a Province or a local authority has been done or taken without lawful authority and is of no legal effect; or(b) on the application of any person, make an order —(i) directing that a person in custody within the territorial jurisdiction of the Court be brought before it so that the Court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner; or(ii) requiring a person within the territorial jurisdiction of the Court holding or purporting to hold a public office to show under what authority of law he claims to hold that office; or(c) on the application of any aggrieved person, make an order giving such directions to any person or authority, including any Government exercising any power or performing any function in, or in relation to, any territory within the jurisdiction of that Court as may be appropriate for the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II.(2) Subject to the Constitution, the right to move a High Court for the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II shall not be abridged.1[(3) An order shall not be made under clause (1) on application made by or in relation to a person who is a member of the Armed Forces of Pakistan, or who is for the time being subject to any law relating to any of those Forces, in respect of his terms and conditions of service, in respect of any matter arising out of his service, or in respect of any action taken in relation to him as a member of the Armed Forces of Pakistan or as a person subject to such law.]2[(3A)] Omitted.2[(3B)] Omitted.2[(3C)] Omitted.(4) Where —

(a) an application is made to a High Court for an order under paragraph (a) or paragraph (c) of clause (1), and

(b) the making of an interim order would have the effect of prejudicing or interfering with the carrying out of a public work or of otherwise being harmful to the public interest 3[or State property] or of impeding the assessment or collection of public revenues,

the Court shall not make an interim order unless the prescribed law officer has been given notice of the application and he or any person authorised by him in that behalf has had an opportunity of being heard and the Court, for reasons to be recorded in writing, is satisfied that the interim order—

(i) would not have such effect as aforesaid; or

(ii) would have the effect of suspending an order or proceeding which on the face of the record is without jurisdiction.

4[(4A) An interim order made by a High Court on an application made to it to question the validity or legal effect of any order made, proceeding taken or act done by any authority or person, which has been made, taken or done or purports to have been made, taken or done under any law which is specified in Part I of the First Schedule or relates to, or is connected with, State property or assessment or collection of public revenues shall cease to have effect on the expiration of a period of six months following the day on which it is made:

Provided that the matter shall be finally decided by the High Court within six months from the date on which the interim order is made.]

5[(4B)] Omitted

(5) In this Article, unless the context otherwise requires,—

“person” includes any body politic or corporate, any authority of or under the control of the Federal Government or of a Provincial Government, and any Court or tribunal, other than the Supreme Court, a High Court or a Court or tribunal established under a law relating to the Armed Forces of Pakistan; and

“prescribed law officer” means—

(a) in relation to an application affecting the Federal Government or an authority of or under the control of the Federal Government, the Attorney-General, and

(b) in any other case, the Advocate-General for the Province in which the application is made.

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Footnotes:

1. Section 9 of the Constitution (First Amendment) Act, 1974 (33 of 1974) substituted clause (3) of Art. 199, in its present form, (w.e.f. May 4, 1974), in place of the clause as adopted in 1973, that read:

“(3) An order shall not be made under clause (1) on application made by or in relation to a member of the Armed Forces of Pakistan in respect of his terms and conditions of service, in respect of any matter arising out of his service, or in respect of any action taken in relation to him as a member of the Armed Forces of Pakistan.”

2. Item 40 of the schedule to P.O. No. 14 of 1985, Omitted clauses (3A), (3B) and (3C) of Art. 199, (w.e.f. March 2, 1985). The said clauses, as amended by Section 2 of the Constitution (Amendment) Order, 1980, P.O. No. 1 of 1980, (w.e.f May 26, 1980), read :

“(3A) Notwithstanding any judgment of any court, including any judgment in respect of the powers of courts relating to judicial review, a High Court shall not, under this Article,—

(a) make an order relating to the validity or effect of any Martial Law Regulation made by the Chief Martial Law Administrator or any Martial Law Order made by the Chief Martial Law Administrator or a Martial Law Administrator or of anything done, or action taken or intended to be done or taken, thereunder;

(b) make an order relating to the validity or effect of any judgment or sentence passed by a Military Court or Tribunal;

(c) grant an injunction, make any order or entertain any proceedings in respect of any matter to which the jurisdiction of a Military Court or Tribunal extends and of which cognizance has been taken by a Military Court or Tribunal; or

(d) issue any process against the Chief Martial Law Administrator or a Martial Law Administrator or any person acting under the authority of either.

(3B) Every such order, injunction or process as is referred to in clause (3A) made, granted or issued at any time before or after the commencement of the Constitution (Amendment) Order, 1980, shall, notwithstanding any judgement of any court, be null and void and of no effect whatsoever and any proceedings for the making, granting or issue of such order, injunction or process which may be pending before any court, including the Supreme Court and a High Court, shall abate.

(3C) The proclamation of the fifth day of July, 1977, all President’s Orders, Orders of the Chief Martial Law Administrator, Martial Law Regulation and Martial Law Orders made on or after the fifth day of July, 1977, are hereby declared, notwithstanding any judgment of any Court, to have been validly made.”

Section 8 of the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), inserted clause 3A to Article 199 (w.e.f. November 21, 1975). Clause 3A as inserted in 1975 read :

“(3A) A High Court shall not make an order under clause (1)—

(a) prohibiting the making of an order for the detention of a person, or

(b) for the grant of bail to a person detained, under any law providing for preventive detention.”

Section 11 of the Constitution (Fifth Amendment) Act, 1976 (62 of 1976), substituted clause 3A of Art. 199 and further added clauses (3B) and (3C) (w.e.f. September 13, 1976). The clause (3A), as substituted and clauses (3B) and (3C) as added, at that time, read :

“(3A) A High Court shall not make under this Article:—

(a) an order prohibiting the making, or suspending the operation, of an order for the detention of any person under any law providing for preventive detention;

(b) an order for the release on bail of any person detained under any law providing for preventive detention;

(c) an order for the release on bail, or an order suspending the operation of an order for the custody, of any person against whom a report or complaint has been made before any court or tribunal, or against whom a case has been registered at any police station, in respect of an offence, or who has been convicted by any court or tribunal;

(d) an order prohibiting the registration of a case at a police station, or the making of a report or complaint before any court or tribunal, in respect of an offence; or

(e) any other interim order in respect of any person referred to in any of the preceding paragraphs.

(3B) Every such order as is referred to in clause (3A) made at any time after the commencement of the Constitution (Fourth Amendment) Act, 1975, shall cease to have effect and all applications for the making of any such order that may be pending before any High Court shall abate.

(3C) The provisions of clauses (3A) and (3B) shall also apply to the disposal of an application in a petition for leave to appeal, or in an appeal, from an order such as is referred to in the said clause (3A) that may be pending before the Supreme Court immediately before the commencement of the Constitution (Fifth Amendment) Act, 1976.”

3. Item 40 of the schedule to P.O. No. 14 of 1985, inserted the said words in paragraph (b) of clause (4) of Art. 199, (w.e.f. March 2, 1985).
4. Section 72 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted clause (4A) of Art. 199, in its present form (w.e.f. April 19, 2010). Clause (4A) of Art. 199, as inserted in 1975, that read :

A[(4A) An interim order made by a High Court on an application made to it to question the validity or legal effect of any order made, proceeding taken or act done by any authority or person, which has been made, taken or done or purports to have been made, taken or done under any law which is specified in part 1 of the First Schedule or relates to, or is connected with, B[State Property or] assessment or collection of public revenues shall cease to have effect on the expiration of a period of B[six months] following the day on which it is made, C[provided that the matter shall be finally decided by the High Court within six months from the date on which the interim order is made.]]

A. Section 8(c) of the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), inserted clause (4A) to Art. 199 (w.e.f. November 21, 1975).

B. Item 40 of the schedule to P.O. No. 14 of 1985, inserted the said words in clause (4A) of Art. 199, and also substituted the said words, in place of the words “sixty days” therein, (w.e.f. March 2, 1985).

C. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), validated the substitution in clause (4A) of Art. 199, (w.e.f. December 31, 2003). Item 18 of the schedule to C.E.O. No. 24 of 2002, substituted the said comma and words, in place of the words and commas “unless the case is finally decided, or the interim order is withdrawn, by the Court earlier” in clause (4A) of Art. 199, (w.e.f. August 21, 2002).

5. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), validated the omission of clause (4B) of Art. 199, (w.e.f. December 31, 2003). Item 18 of the schedule to C.E.O. No. 24 of 2002, omitted clause (4B) of Art. 199, (w.e.f. August 21, 2002), that was added by item 40 of the schedule to P.O. No. 14 of 1985, (w.e.f. March 2, 1985). The deleted clause (4B) of Art. 199, read :

“(4B) Every case in which, on an application under clause (1), the High Court has made an interim order shall be disposed of by the High Court on merits within six months from the day on which it is made, unless the High Court is prevented from doing so for sufficient cause to be recorded.”

Comparative Table of Article 199 of the Constitution of Pakistan, 1973
Constitution of Pakistan 1962 :
98
Constitution of Pakistan 1956 :
170
Constitution of India 1950:
226
Government of India Act 1935:
223A
Leading & Latest Cases on Article 199 of the Constitution of Pakistan, 1973 :

AIR 1952 SC 64 N.P. PONNUSWAMI THE RETURNING OFFICER NAMAKKAL CONSTITUENCY
P L D 1973 SC 49

P L D 1977 SC 397

STATE
FEDERATION OF PAKISTAN AND OTHERS
ZIA-UR-REHMAN AND OTHERS
UNITED SUGAR MILLS LIMITED, KARACHI
P L D 1977 SC 657 BEGUM NUSRAT BHUTTO CHIEF OF ARMY STAFF AND FEDERATION OF PAKISTAN
P L D 1988 SC 416
BENAZIR BHUTTO
FEDERATION OF PAKISTAN AND OTHERS
P L D 1990 SC 513
P L D 1992 LAHORE 462

DARSHAN MASIH AND OTHERS
NATIONAL INDUSTRIAL COOPERATIVE CREDIT CORPORATION AND ANOTHER

STATE
PROVINCE OF PUNJAB AND ANOTHER

1995 CLC 1687 M.D. TAHIR, ADVOCATE
CHIEF SECRETARY, GOVERNMENT OF THE PUNJAB, LAHORE AND ANOTHER
P L D 1996 KARACHI 1 ZOHRA AND 5 OTHERS THE GOVERNMENT OF SINDH, HEALTH DEPARTMENT AND ANOTHER
1999 SCMR 2883
ARDESHIR COWASJEE AND 10 OTHERS
KARACHI BUILDING CONTROL AUTHORITY (KMC), KARACHI AND 4 OTHERS
P L D 2000 LAHORE 508 MRS. SHAHIDA FAISAL FEDERATION OF PAKISTAN AND 3 OTHERS
2000 CLC 471
STATE
M.D., WASA AND OTHERS
2001 YLR 1139 SHEHRI AND OTHERS PROVINCE OF SINDH AND OTHERS
2004 CLD 905 JAVED HUSSAIN DAR LAHORE CHAMBER OF COMMERCE AND INDUSTRY AND OTHERS
P L D 2005 SC 806 PAKISTAN RED CRESCENT SOCIETY AND ANOTHER SYED NAZIR GILLANI
2006 YLR 229 SHEHZAD RIAZ FEDERATION OF PAKISTAN THROUGH SECRETARY CABINET DIVISION
P L D 2007 LAHORE 346 MUHAMMAD AND AHMAD (CORPORATE AND TAX COUNSEL) THROUGH MUHAMMAD AZHAR GOVERNMENT OF PAKISTAN THROUGH SECRETARY HOME AND 6 OTHERS
P L D 2009 SC 644 FEDERATION OF PAKISTAN AND OTHERS MIAN MUHAMMAD NAWAZ SHARIF AND OTHERS

P L D 2011 KARACHI 177 MUHAMMAD MASOOD BUTT S.M. CORPORATION (PVT)LTD AND 5 OTHERS
2013 MLD 433 MIRPURKHAS SUGAR MILLS LTD THROUGH WASIF KHALID AND 22 OTHERS FEDERATION OF PAKISTAN THROUGH SECRETARY

19. Freedom of speech, etc.-Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, 1[commission of] or incitement to an offence.

Footnotes:

1. Section 4 of the Constitution (Fourth Amendment) Act, 1975 (71 of 1975) substituted the said words in place of the word “defamation”, in Art. 19, (w.e.f. November 21, 1975).

Comparative Table of Article 19 of the Constitution of Pakistan, 1973
Constitution of Pakistan 1962 :
6(III.9)

Constitution of Pakistan 1956 :
8

Constitution of India 1950:
19

Government of India Act 1935:

Leading & Latest Cases on Article 19 of the Constitution of Pakistan, 1973 :

P L D 2002 SC 514
SHEIKH MUHAMMAD RASHID
MAJID NIZAMI, EDITOR-IN-CHIEF, THE NATION AND NAWA-E-WAQAT, LAHORE
2004 SCMR 164
ENGINEER JAMEEL AHMED MALIK
PAKISTAN ORDNANCE FACTORIES BOARD, WAH CANTT THROUGH CHAIRMAN
P L D 2005 LAHORE 644
MAJ. ZAHID HUSSAIN
CHAIRMAN, ARBITRATION COUNCIL, CANTONMENT BOARD, LAHORE
P L D 2007 LAHORE 544
NADEEM ASGHAR KAIRA
GOVERNMENT OF PUNJAB THROUGH S ECRETARY, LOCAL GOVERNMENT
ORDER ON
MAINTAINABILITY
IN MEMO GATE CASE WATAN PARTY AND OTHERS FEDERATION OF PAKISTAN AND OTHERS

184. Original jurisdiction of Supreme Court.-(1) The Supreme Court shall, to the exclusion of every other Court, have original jurisdiction in any dispute between any two or more Governments.
     Explanation.-In this clause, “Governments” means the Federal Government and the Provincial Governments.

(2) In the exercise of the jurisdiction conferred on it by clause (1), the Supreme Court shall pronounce declaratory judgments only.

(3) Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter I of Part II is involved, have the power to make an order of the nature mentioned in the said Article.

Footnotes:

Comparative Table of Article 184 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
57
Constitution of Pakistan 1956 :
156
Constitution of India 1950:
131
Government of India Act 1935:
204

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

P L D 1977 SC 6571994 SCMR 2061 BEGUM NUSRAT BHUTTOGENERALSECRETARY, WEST PAKISTAN SALT MINERS LABOUR UNION(CBA) KHEWRA CHIEF OF ARMY STAFF AND FEDERATION OF PAKISTANTHE DIRECTOR, INDUSTRIES AND MINERAL DEVELOPMENT PUNJAB, LAHORE
P L D 1994 SC 693
SHEHLA ZIA AND OTHERS
WAPDA (WORKS AND POWER DEVELOPMENTS AUTHORITY)
1994 SCMR 1028 SUO MOTU CONSTITUTIONAL PETITION
P L D 1994 SC 621
WASEY ZAFAR AND OTHERS
GOVERNMENT OF PAKISTAN AND OTHERS
1996 SCMR 1211 DR. AMANULLAH KHAN AND ANOTHER CHAIRMAN, MEDICAL RESEARCH COUNCIL AND 3 OTHERS
P L D 2000 SC 869
P L D 2006 SC 394
SYED ZAFAR ALI SHAH AND OTHERS
MOULVI IQBAL HAIDER
GENERAL PERVEZ MUSHARRAF, CHIEF EXECUTIVE OF PAKISTAN AND OTHERS
CAPITAL DEVELOPMENT AUTHORITY AND OTHERS
P L D 2007 SC 133 INDUSTRIAL DEVELOPMENT BANK OF PAKISTAN FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF FINANCE AND ORS
P L D 2008 SC 178
TIKA IQBAL MUHAMMAD KHAN
GENERAL PERVEZ MUSHARAF & OTHERS
P L D 2009 SC 644 FEDERATION OF PAKISTAN AND OTHERS MIAN MUHAMMAD NAWAZ SHARIF AND OTHERS
P L D 2009 SC 549 JAMAT-E-ISLAMI THROUGH AMIR AND OTHERS FEDERATION OF PAKISTAN AND OTHERS
P L D 2010 SC 61 CHIEF JUSTICE OF PAKISTAN IFTIKHAR MUHAMMAD CHAUDHRY PRESIDENT OF PAKISTAN THROUGH SECRETARY AND OTEHRS
P L D 2011 SC 22 EJAZ AKBAR KASI AND OTHERS MINISTRY OF INFORMATION AND BROADCASTING AND OTHERS
P L D 2011 SC 308 MUNIR HUSSAIN BHATTI AND ANOTHER FEDERATION OF PAKISTAN THROUGH SECRETARY LAW AND ANOTHER
Hajj Corruption CaseREVIEW PETITION IN NRO CASE SUO MOTU CASE NO. 24 of 2010FEDERATION OF PAKISTAN THROUGH SECRETARY DR. MUBASHIR HASSAN
ORDER ON MAINTAINABILITY IN MEMO GATE CASE WATAN PARTY AND OTHERS FEDERATION OF PAKISTAN AND OTHERS
SC Judgment on Challenging the Constitution of Election Commission Dr. Muhammad Tahir-ul-Qadri The Federation of Pakistan
P L D 2013 SC 1 AIR MARSHAL (RETD.) MUHAMMAD ASGHAR KHAN GENERAL (RETD.) MIRZA ASLAM BAIG, FORMER CHIEF OF ARMY STAFF AND OTHE
P L D 2013 SC 120 IMRAN KHAN AND OTHERS ELECTION COMMISSION OF PAKISTAN AND OTHERS
P L D 2013 SC 167 WATAN PARTY AND ANOTHER FEDERATION OF PAKISTAN AND OTHERS
P L D 2013 SC 188 DR. MUHAMMAD ASLAM KHAKI AND OTHERS S.S.P. (OPERATIONS) RAWALPINDI AND OTHERS
P L D 2013 SC 195 SYED MAHMOOD AKHTAR NAQVI AND OTHERS FEDERATION OF PAKISTAN AND OTHERS
P L D 2013 SC 224 IQBAL ZAFAR JHAGRA AND OTHERS FEDERATION OF PAKISTAN AND OTHERS

SC Judgment against the appointment of Chairman,National Accountability Bureau Ch. Nisar Ali Khan Federation of Pakistan, etc.

18. Freedom of trade; business or profession.-Subject to such qualifications, if any, as may be prescribed by law, every citizen shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business:

Provided that nothing in this Article shall prevent-

(a) the regulation of any trade or profession by a licensing system; or

(b) the regulation of trade, commerce or industry in the interest of free competition therein; or

(c) the carrying on, by the Federal Government or a Provincial Government, or by a corporation controlled by any such Government, of any trade, business, industry or service, to the exclusion, complete or partial, of other persons.

Footnotes:

Comparative Table of Article 18 of the Constitution of Pakistan, 1973
Constitution of Pakistan 1962 :
6(II.8)

Constitution of Pakistan 1956 :
12

Constitution of India 1950:
19(1)

Government of India Act 1935:
298(1)

Leading & Latest Cases on Article 18 of the Constitution of Pakistan, 1973 :

P L D 1994 SC 621
WASEY ZAFAR AND OTHERS
GOVERNMENT OF PAKISTAN AND OTHERS
1997 SCMR 1043 MUSHTAQ AHMAD MOHAL AND OTHERS THE HONOURABLE LAHORE HIGH COURT, LAHORE AND OTHERS
P L D 2005 SC 193
ARSHAD MEHMOOD AND OTHERS
GOVERNMENT OF PUNJAB THROUGH SECRETARY, TRANSPORT CIVIL SECRETARIATE
2005 CLC 144 CHAZANFAR ALI CHAUDHARY AND ANOTHER PROVINCE OF PUNJAB THROUGH SECRETARY, TRANSPORT, GOVERNMENT OF PUNJAB
2006 CLD 1191
MESSRS YOUSAF SUGR MILLS
TRUST LEASING CORPORATION AND OTHERS
2006 YLR 619 MESSTRS NOBLE ENTERPRISES THROUGH MIAN MUHAMAMD SHAFIQ STATE BANK OF PAKISTAN THROUGH CHIEF MANAGER AND ANOTHER
P L D 2006 LAHORE 84
MESSRS M.A. ALEEM KHAN THROUGH CHAIRMAN
PROVINCE OF THE PUNJAB THROUGH SECRETARY, COMMUNICATION AND WORKS DEPT
P L D 2007 KARACHI 116 IMDAD HUSSAIN PROVINCE OF SINDH THROUGH SECRETARY TO GOVERNMENT OF SINDH
P L D 2013 SC 195 SYED MAHMOOD AKHTAR NAQVI AND OTHERS FEDERATION OF PAKISTAN AND OTHERS

175. Establishment and jurisdiction of courts.—(1) There shall be a Supreme Court of Pakistan, a High Court for each Province 1[and a High Court for the Islamabad Capital Territory] and such other courts as may be established by law.

1[Explanation.-Unless the context otherwise requires, the words “High Court” wherever occurring in the Constitution shall include “Islamabad High Court.]

(2) No court shall have any jurisdiction save as is or may be conferred on it by the Constitution or by or under any law.

(3) The Judiciary shall be separated progressively from the Executive within 2[fourteen] years from the commencing day3[:]

3[Provided that the provisions of this Article shall have no application to the trial of persons under any of the Acts mentioned at serial No. 6, 7, 8 and 9 of sub-part III of Part I of the First Schedule, who claims, or is known, to belong to any terrorist group or organization using the name of religion or a sect.

Explanation : In this proviso, the expression ‘sect’ means a sect of religion and does not include any religious or political party regulated under the Political Parties Order, 2002.]

Footnotes:

1. Section 3 of the Constitution (Nineteenth Amendment) Act, 2010 (1 of 2011), substituted the “Explanation”, to clause (1) of Art. 175, (w.e.f. January 1, 2011). Section 66 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), had inserted the said words, after the word “Province” in clause (1) of Art. 175 and added an “Explanation” thereto, (w.e.f. April 19, 2010). The Explanation, as added in April, 2010, read :

Explanation. – The words “High Court” wherever occurring in the Constitution shall include the High Court for the Islamabad Capital Territory.]

Section 2 of the Constitution (Amendment) Order, 2007, President’s Order No. 5 of 2007 (P.O. No. 5 of 2007), promulgated by President Musharraf, in the period of unconstitutional rule (between November 3, 2007 and December 15, 2007), w.e.f. November 20, 2007, had first purported to insert the said words, after the word “Province” in clause (1) of Article 175 and add the said “explanation” at the end of the said clause :

            As P.O. No. 5 of 2007, including the said purported Amendments, was not validated by the Parliament, after the general elections of 18th of February, 2008, it was held to be 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.

2. Item 33 of the schedule to RCO (P.O. No. 14 of 1985), substituted the said word in place of the word “five”, in clause (3) of Art. 175, (w.e.f. March 2, 1985).
3. Section 2 of the Constitution (Twenty-Third Amendment) Act, 2017 (XII of 2017), assented to by the President on March 30, 2017, substituted a colon, in place of the full stop, at the end of clause (3) of Art. 175 and thereafter inserted the said proviso and explanation thereto, (w.e.f. January 7, 2017). The said punctuation and a proviso and explanation at the end of the said clause were first substituted and inserted by Section 2 of the Constitution (Twenty-First Amendment) Act, 2015 (I of 2015), for a period of two (2) years (w.e.f. January 7, 2015), that read :

“[:]

Provided that the provisions of this Article shall have no application to the trial of persons under any of the Acts mentioned at serial No. 6, 7, 8 and 9 of sub-part III of Part I of the First Schedule, who claims, or is known, to belong to any terrorist group or organization using the name of religion or a sect.

Explanation : In this proviso, the expression ‘sect’ means a sect of religion and does not include any religious or political party regulated under the Political Parties Order, 2002.”

Sub-section (3) of Section 1 of the Constitution (Twenty-Third Amendment) Act, 2017 (XII of 2017), expressly provides that the provisions of the said Act shall remain in force for a period of two (2) years (w.e.f. January 7, 2017) and cease to form part of the Constitution and stand repealed on the expiration of the said period.

Comparative Table of Article 175 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
49
Constitution of Pakistan 1956 :
30,148,165
Constitution of India 1950:
124
Government of India Act 1935:
200
Leading & Latest Cases on Article 175 of the Constitution of Pakistan, 1973 :

P L D 1964 LAHORE 117
GHULAM MUHAMMAD
PAKISTAN AND OTHERS
P L D 1977 KARACHI 524
INAMUR REHMAN
FEDERATION OF PAKISTAN AND OTHERS
P L D 1981 SC 352
ABDUL HAFEEZ
THE STATE
P L D 1987 KARACHI 404
BANK OF OMAN LTD.
EAST TRADING CO. LTD. AND OTHERS
P L D 1993 SC 341 GOVERNMENT OF BALUCHISTAN AND OTHERS AZIZULLAH MEMON AND OTHERS
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