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Category: preamble

preamble

article 175 establishment and jurisdiction of courts

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article 175 establishment and jurisdiction of courts
  1. 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.
  1. 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).
  2. 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

article 17 freedom of association

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article 17 freedom of association

[17. Freedom of association. (1) Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality.

(2) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final.

(3) Every political party shall account for the source of its funds in accordance with law.]

Footnotes:

  1. Section 6 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted Art. 17, in its present form, (w.e.f. April 19, 2010), in place of Art. 17 as amended by the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (w.e.f. December 31, 2003), that read :
  2. Freedom of association—(1) Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of a[sovereignty or integrity of Pakistan, public order or morality.]

b[(2) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan c[or public order] and such law shall provide that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, c[or public order] the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final d[:]

d[Provided that no political party shall promote sectarian, ethnic, regional hatred or animosity, or be titled or constituted as a militant group of section.]

(3) Every political party shall account for the source of its funds in accordance with law.]

e[(4) Every political party shall, subject to law, hold intra-party elections to elect its office-bearers and party leaders.]

a. Section 3 of the Constitution (Fourth Amendment) Act, 1975 (71 of 1975) substituted the said words in place of the words ” morality or public Order”, in clause 1 of Art. 17, (w.e.f. November 21, 1975).

b. Section 4 of the Constitution (First Amendment) Act, 1974 (33 of 1974) substituted clauses (2) and (3) of Art. 17, in their present form, (w.e.f. May 4, 1974), in place of clause (2) as adopted in 1973, that read :

“(2) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party. Every political party shall account for the source of its funds in accordance with law.”

c. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), had validated the insertion in clause (2) of Art. 17, (w.e.f. December 31, 2003). Item 1 of the schedule to the Legal Framework Order, 2002, Chief Executive Order No. 24 of 2002, (hereinafter referred to as LFO (C.E.O. No. 24 of 2002)), had inserted the said words in clause (2) of Art. 17, (w.e.f. August 21, 2002).

d. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), had validated the addition of the proviso at the end of clause (2) of Art. 17, (w.e.f. December 31, 2003). Item 1 of the schedule to LFO (C.E.O. No. 24 of 2002), had substituted a colon, in place of the full stop, at the end of clause (2) of Art. 17 and added the said proviso thereto, (w.e.f. August 21, 2002).

e. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), had validated the addition of clause (4) to Art. 17, (w.e.f. December 31, 2003). Item 1 of the schedule to LFO (C.E.O. No. 24 of 2002), had added the said clause (4) to Art. 17, (w.e.f. August 21, 2002).

Comparative Table of Article 17 of the Constitution of Pakistan, 1973
Constitution of Pakistan 1962 :
6(II.7)

Constitution of Pakistan 1956 :
10

Constitution of India 1950:
19

Government of India Act 1935:
–

Leading & Latest Cases on Article 17 of the Constitution of Pakistan, 1973 :

P L D 1988 SC 416 BENAZIR BHUTTO FEDERATION OF PAKISTAN AND ANOTHER
P L D 1992 LAHORE 462
NATIONAL INDUSTRIAL COOPERATIVE CREDIT CORPORATION AND ANOTHER
PROVINCE OF PUNJAB AND ANOTHER
P L D 1999 SC 57 SARDAR FAROOQ AHMED KHAN LEGHARI FEDERATION OF PAKISTAN AND OTHERS
P L D 2000 SC 869
SYED ZAFAR ALI SHAH AND OTHERS
GENERAL PERVEZ. MUSHARRAF, CHIEF EXECUTIVE OF PAKISTAN AND OTHERS
P L D 2002 SC 994
PAKISTAN MUSLIM LEAGUE (Q) AND OTHERS
CHIEF EXECUTIVE OF ISLAMIC REPUBLIC OF PAKISTAN AND OTHERS
P L D 2005 LAHORE 150
MUHAMMAD RAFIQUE
FEDERATION OF PAKISTAN
P L D 2005 SC 719
PAKISTAN LAWYERS FORUM AND OTHERS
FEDERATION OF PAKISTAN AND OTHERS

P L D 2012 SC 681 WORKERS PARTY PAKISTAN THROUGH AKHTAR HUSSAIN, ADVOCATE, FEDERATION OF PAKISTAN AND 2 OTHERS
P L D 2013 SC 1 AIR MARSHAL (RETD.) MUHAMMAD ASGHAR KHAN GENERAL (RETD.) MIRZA ASLAM BAIG, FORMER CHIEF OF ARMY STAFF AND OTHERS

article 168 auditor general of pakistan

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article 168 auditor general of pakistan
  1. Auditor-General of Pakistan.-(1) There shall be an Auditor-General of Pakistan, who shall be appointed by the President.

(2) Before entering upon office, the Auditor-General shall make before the Chief Justice of Pakistan oath in the form set out in the Third Schedule.

1[(3) The Auditor-General shall, unless he sooner resigns or is removed from office in accordance with clause (5), hold office for a term of four years from the date on which he assumes such office or attains the age of sixty-five years, whichever is earlier.]

2[(3A) The other terms and conditions of service of the Auditor-General shall be determined by Act of Majlis-e-Shoora (Parliament); and, until so determined, by Order of the President.]

(4) A person who has held office as Auditor-General shall not be eligible for further appointment in the service of Pakistan before the expiration of two years after he has ceased to hold that office.

(5) The Auditor-General shall not be removed from office except in the like manner and on the like grounds as a Judge of the Supreme Court.

(6) At any time, when the office of the Auditor-General is vacant or the Auditor-General is absent or is unable to perform the functions of his office due to any cause, 3[the President may appoint the most senior officer in the Office of the Auditor-General to] act as Auditor-General and perform the functions of that office.

Footnotes:

  1. Section 62(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted clause (3) of Art. 168, in its present form, (w.e.f. April 19, 2010). The substituted clause (3) of Art. 168, as adopted in 1973, that read :

(3) The terms and conditions of service, including the term of office, of the Auditor-General shall be determined by Act of a*[Majlis-e-Shoora (Parliament)] and, until so determined, by Order of the President.

a*. See Footnote 2 on page 4.

  1. Section 62(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), inserted the said new clause (3A), in its present form, after clause (3) of Art. 167, (w.e.f. April 19, 2010).
  2. Section 62(iii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted the said words, in place of the words “such other person as the President may direct shall”, in clause (6) of Art. 168, (w.e.f. April 19, 2010).

Comparative Table of Article 168 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
191
Constitution of Pakistan 1956 :
120
Constitution of India 1950:
148
Government of India Act 1935:
166
Leading & Latest Cases on Article 168 of the Constitution of Pakistan, 1973 :

P L D 1963 SC 401
MUHAMMAD AFZAL
COMMISSIONER LAHORE DIVISION AND OTHERS
P L D 2088 SC 77 SHAHID ORAKZAI & ANOTHER FEDERATION OF PAKISTAN
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article 16 freedom of assembly

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article 16 freedom of assembly
  1. Freedom of assembly.- Every citizen shall have the right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order.

Footnotes:

Comparative Table of Article 16 of the Constitution of Pakistan, 1973 :
Constitution of Pakistan 1962 :
6(II.6)
Constitution of Pakistan 1956 :
9
Constitution of India 1950:
19
Government of India Act 1935:

Leading & Latest Cases on Article 16 of the Constitution of Pakistan, 1973 :

P L D 1998 SC 1263
WUKALA MAHAZ BARAI TAHAFAZ DASTOOR
FEDERATION OF PAKISTAN
P L D 1999 SC 57
SARDAR FAROOQ AHMED KHAN LEGHARI
FEDERATION OF PAKISTAN AND OTHERS
2000 SCMR 770

IN RE: SUO MOTU CASE NO. 1 OF 2000

P L D 2000 SC 111
JAMIAT-ISLAM PAKISTAN through Syed Munawar Hassan, Secretary-General
FEDEARTION OF PAKISTAN through Secretary, Law, Justice and Affairs
P L D 2000 SC 869
SYED ZAFAR ALI SHAH AND OTHERS
GENERAL PERVEZ. MUSHARRAF, CHIEF EXECUTIVE OF PAKISTAN AND OTHERS

article 153 council of common interests

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article 153 council of common interests
  1. Council of Common Interests.-(1) There shall be a Council of Common Interests, in this Chapter referred to as the Council, to be appointed by the President.

1[(2) The Council shall consist of-

­(a) the Prime Minister who shall be the Chairman of the Council;

(b) the Chief Ministers of the Provinces; and

(c) three members from the Federal Government to be nominated by the Prime Minister from time to time.]

2[(3)] Omitted.

(4) The Council shall be responsible to 3[Majlis-e-Shoora (Parliament) 4[and shall submit an Annual Report to both Houses of Majlis-e-Shoora (Parliament)] ].

Footnotes:

  1. Section 54(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted clause (2) of Art. 153, in its present form, (w.e.f. April 19, 2010). The substituted clause (2) of Art. 153, as adopted in 1973, that read :

(2) The members of the Council shall be-

(a) the Chief Ministers of the Provinces, and

(b) an equal number of members from the Federal Government to be nominated by the Prime Minister from time to time.

  1. Section 54(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), omitted clause (3) of Art. 153, (w.e.f. April 19, 2010). The deleted clause (3) of Art. 153, as adopted in 1973, that read :

(3) The Prime Minister, if he is a member of the Council, shall be the Chairman of the Council but, if at any time he is not a member, the President may nominate a Federal Minister who is a member of the Council to be its Chairman.

  1. See Footnote 2 on page 4.
  2. Section 54(iii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), added the said words, after the word “(Parliament)” occurring in the brackets, at the end of clause (4) of Art. 153, (w.e.f. April 19, 2010).

Comparative Table of Article 153 of the Constitution of Pakistan, 1973 :

Constitution of Pakistan 1962 :

Constitution of Pakistan 1956 :
130
Constitution of India 1950:
263
Government of India Act 1935:
135

Leading & Latest Cases on Article 153 of the Constitution of Pakistan, 1973 :

P L D 1991 KARACHI 1
KHALID MALIK AND OTHERS
FEDERATION OF PAKISTAN AND OTHERS
P L D 1993 SC 473
MUHAMMAD NAWAZ SHARIF
PRESIDENT OF PAKISTAN AND OTHERS
P L D 1996 KARACHI 27 AMIN AHMED AND 31 OTHERS MINISTRY OF PRODUCTION, GOVERNMENT OF PAKISTAN AND OTHERS
1997 SCMR 641
MESSRS GADOON TEXTILE MILLS AND 814 OTHERS
WAPDA AND OTHERS

Pakistan Constitution

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CONSTITUTION OF

THE ISLAMIC REPUBLIC OF PAKISTAN, 1973

As Amended by The Constitution Twenty Fifth Amendment Act, 2018

(Full Text and Case Law)

CONTENTS

Preamble

PART I
Introductory

Articles

  1. The Republic and its territories.
  2. Islam to be the State religion.
    2A. The Objectives Resolution to form part of substantive provisions.
  3. Elimination of exploitation.
  4. Right of individuals to be dealt with in accordance with the law, etc.
  5. Loyalty to State and obedience to Constitution and law.
  6. High treason.

PART II

Fundamental Rights and Principles of Policy

  1. Definition of the State.

CHAPTER 1. – FUNDAMENTAL RIGHTS

  1. Laws inconsistent with or in derogation of Fundamental Rights to be void.
  2. Security of person.
  3. Safeguards as to arrest and detention.
    10.A. Right to fair trial.
  4. Slavery, forced labour, etc., prohibited.
  5. Protection against retrospective punishment.
  6. Protection against double punishment and self-incrimination.
  7. Inviolability of dignity of man, etc.
  8. Freedom of movement, etc.
  9. Freedom of assembly.
  10. Freedom of association.
  11. Freedom of trade, business or profession.
  12. Freedom of speech, etc.
    19A, Right to Information.
  13. Freedom to profess religion and to manage religious institutions.
  14. Safeguard against taxation for purposes of any particular religion.
  15. Safeguards as to educational institutions in respect of religion, etc.
  16. Provision as to property.
  17. Protection of property rights.
  18. Equality of citizens.
    25A. Right to education.
  19. Non-discrimination in respect of access to public places.
  20. Safeguard against discrimination in services.
  21. Preservation of language, script and culture.

CHAPTER 2. – PRINCIPLES OF POLICY

  1. Principles of Policy.
  2. Responsibility with respect to Principles of Policy.
  3. Islamic way of life.
  4. Promotion of local government institutions.
  5. Parochial and other similar prejudices to be discouraged.
  6. Full participation of women in national life.
  7. Protection of family, etc.
  8. Protection of minorities.
  9. Promotion of social justice and eradication of social evils.
  10. Promotion of social and economic well-being of the people.
  11. Participation of people in Armed Forces.
  12. Strengthening bonds with Muslim world and promoting international peace.

PART III

The Federation of Pakistan
CHAPTER 1. – THE PRESIDENT

  1. The President.
  2. Oath of President.
  3. Conditions of President’s office.
  4. Term of office of President.
  5. President’s power to grant pardon, etc.
  6. Duties of Prime Minister in relation to President.
  7. Removal or impeachment of President.
  8. President to act on advice, etc.
  9. Chairman or Speaker to act, as or perform functions of, President.

CHAPTER 2. – THE MAJLIS-E-SHOORA (PARLIAMENT).
Composition, Duration and Meetings of
Majlis-e-Shoora (Parliament).

  1. Majlis-e-Shoora (Parliament).
  2. National Assembly.
  3. Duration of National Assembly.
  4. Speaker and Deputy Speaker of National Assembly.
  5. Summoning and prorogation of Majlis-e-Shoora (Parliament).
  6. Voting in Assembly and quorum.
  7. Address by President.
  8. Right to speak in Majlis-e-Shoora (Parliament).
  9. Dissolution of National Assembly.
  10. The Senate.
  11. Chairman and Deputy Chairman.
  12. Other provisions relating to Senate.

Provisions as to members of Majlis-e-Shoora (Parliament).

  1. Qualifications for membership of Majlis-e-Shoora (Parliament).
  2. Disqualifications for membership of Majlis-e-Shoora (Parliament).
    63A. Disqualification on grounds of defection, etc.
  3. Vacation of seats.
  4. Oath of members.
  5. Privileges of members, etc.

Procedure Generally

  1. Rules of procedure, etc.
  2. Restriction on discussion in Majlis-e-Shoora (Parliament).
  3. Courts not to inquire into proceedings of Majlis-e-Shoora (Parliament).

Legislative Procedure

  1. Introduction and passing of Bills.
  2. Mediation Committee.
  3. Procedure at joint sittings.
  4. Procedure with respect to Money Bills.
  5. Federal Government’s consent required for financial measures.
  6. President’s assent to Bills.
  7. Bill not to lapse on prorogation, etc.
  8. Tax to be levied by law only.

Financial Procedure

  1. Federal Consolidated Fund and Public Account.
  2. Custody, etc., of Federal Consolidated Fund and Public Account.
  3. Annual Budget Statement.
  4. Expenditure charged upon Federal Consolidated Fund.
  5. Procedure relating to Annual Budget Statement.
  6. Authentication of schedule of authorized expenditure.
  7. Supplementary and excess grants.
  8. Votes on account.
  9. Power to authorize expenditure when Assembly stands dissolved.
  10. Secretariats of Majlis-e-Shoora (Parliament).
  11. Finance Committees.
  12. Power of President to promulgate Ordinances.

CHAPTER 3. – THE FEDERAL GOVERNMENT

  1. Exercise of executive authority of the Federation.
  2. The Cabinet.
  3. Federal Ministers and Ministers of State.
  4. Advisers.
  5. Prime Minister continuing in office.
  6. Vote of no-confidence against Prime Minister.
  7. (Omitted.)
    96A. (Omitted.)
  8. Extent of executive authority of Federation.
  9. Conferring of functions on subordinate authorities.
  10. Conduct of business of Federal Government.
  11. Attorney-General for Pakistan.

PART IV

Provinces
CHAPTER 1. – THE GOVERNORS

  1. Appointment of Governor.
  2. Oath of office.
  3. Conditions of Governor’s office.
  4. Acting Governor.
  5. Governor to act on advice, etc.

CHAPTER 2. – PROVINCIAL ASSEMBLIES

  1. Constitution of Provincial Assemblies.
  2. Duration of Provincial Assembly.
  3. Speaker and Deputy Speaker.
  4. Summoning and prorogation of Provincial Assembly.
  5. Right of Governor to address Provincial Assembly.
  6. Right to speak in Provincial Assembly.
  7. Dissolution of Provincial Assembly.
  8. Qualifications and disqualifications for membership of Provincial Assembly.
  9. Restriction on discussion in Provincial Assembly.
  10. Provincial Government’s consent required for financial measures.
  11. Governor’s assent to Bills.
  12. Bill not to lapse on prorogation, etc.

Financial Procedure

  1. Provincial Consolidated Fund and Public Account.
  2. Custody, etc., of Provincial Consolidated Fund and Public Account.
  3. Annual Budget Statement.
  4. Expenditure charged upon Provincial Consolidated Fund.
  5. Procedure relating to Annual Budget Statement.
  6. Authentication of schedule of authorized expenditure.
  7. Supplementary and excess grant.
  8. Votes on account.
  9. Power to authorize expenditure when Assembly stands dissolved.
  10. Provisions relating to National Assembly, etc., to apply to Provincial Assembly etc..

Ordinances

  1. Power of Governor to promulgate Ordinances.

CHAPTER 3. – THE PROVINCIAL GOVERNMENTS.

  1. The Provincial Government.
  2. The Cabinet.
  3. Governor to be kept informed.
  4. Provincial Ministers.
  5. Chief Minister continuing in office.
  6. (Omitted)
  7. (Omitted.)
  8. Vote of no-confidence against Chief Minister.
  9. Extent of executive authority of Province.
  10. Conferring of functions on subordinate authorities.
  11. Conduct of business of Provincial Government.
  12. Advocate-General for a Province.
    140A. Local Government.

PART V

Relations Between Federation and Provinces.
CHAPTER 1. – DISTRIBUTION OF LEGISLATIVE POWERS.

  1. Extent of Federal and Provincial laws.
  2. Subject-matter of Federal and Provincial laws.
  3. Inconsistency between Federal and Provincial laws.
  4. Power of Majlis-e-Shoora (Parliament) to legislate for one or more Provinces by consent.

CHAPTER 2. – ADMINISTRATIVE RELATIONS BETWEEN
FEDERATION AND PROVINCES.

  1. Power of President to direct Governor to discharge certain functions as his Agent.
  2. Power of Federation to confer powers, etc., on Provinces, in certain cases.
  3. Power of the Provinces to entrust functions to the Federation.
  4. Obligation of Provinces and Federation.
  5. Directions to Provinces in certain cases.
  6. Full faith and credit for public acts, etc.
  7. Inter-Provincial trade.
  8. Acquisition of land for Federal purposes.

CHAPTER 3. – SPECIAL PROVISIONS

152A. National Security Council.

  1. Council of Common Interests.
  2. Functions and rules of procedure.
  3. Complaints as to interference with water supplies.
  4. National Economic Council.
  5. Electricity.
  6. Priority of requirements of natural gas.
  7. Broadcasting and telecasting.

PART VI

Finance, Property, Contracts and Suits
CHAPTER 1. – FINANCE

Distribution of Revenues between the
Federation and the Provinces.

  1. National Finance Commission.
  2. Natural gas and hydro-electric power.
  3. Prior sanction of President required to Bills affecting taxation in which Provinces are interested.
  4. Provincial taxes in respect of professions, etc.

Miscellaneous Financial Provisions

  1. Grants out of Consolidated Fund.
  2. Exemption of certain public property from taxation.
    165A. Power of Majlis-e-Shoora (Parliament) to impose tax on the income of certain corporations, etc.

CHAPTER 2. – BORROWING AND AUDIT

  1. Borrowing by Federal Government.
  2. Borrowing by Provincial Government.

Audit and Accounts

  1. Auditor-General of Pakistan.
  2. Functions and powers of Auditor-General.
  3. Power of Auditor-General to give directions as to accounts.
  4. Reports of Auditor-General.

CHAPTER 3. – PROPERTY, CONTRACTS,
LIABILITIES AND SUITS

  1. Ownerless property.
  2. Power to acquire property and to make contracts, etc.
  3. Suits and proceedings.

PART VII

The Judicature
CHAPTER 1. – THE COURTS

  1. Establishment and jurisdiction of Courts.
    175A. Appointment of Judges to the Supreme Court, High Court and the Federal Shariat Court.

CHAPTER 2. – THE SUPREME COURT OF PAKISTAN.

  1. Constitution of Supreme Court.
  2. Appointment of Supreme Court Judges.
  3. Oath of office.
  4. Retiring age.
  5. Acting Chief Justice.
  6. Acting Judges.
  7. Appointment of ad hoc Judges.
  8. Seat of the Supreme Court.
  9. Original jurisdiction of Supreme Court.
  10. Appellate jurisdiction of Supreme Court.
  11. Advisory jurisdiction.
    186A. Power of Supreme Court to transfer cases.
  12. Issue and execution of processes of Supreme Court.
  13. Review of judgements or orders by the Supreme Court.
  14. Decisions of Supreme Court binding on other Courts.
  15. Action in aid of Supreme Court.
  16. Rules of procedure.

CHAPTER 3. – THE HIGH COURTS

  1. Constitution of High Court.
  2. Appointment of High Court Judges.
  3. Oath of office.
  4. Retiring age.
  5. Acting Chief Justice.
  6. Additional Judges.
  7. Seat of the High Court.
  8. Jurisdiction of High Court.
  9. Transfer of High Court Judges.
  10. Decision of High Court binding on subordinate Courts.
  11. Rules of procedure.
  12. High Court to superintend subordinate Courts.

CHAPTER 3A. – FEDERAL SHARIAT COURT.

203A. Provisions of Chapter to override other provisions of Constitution.
203B. Definitions.
203C. The Federal Shariat Court.
203CC. (Omitted).
203D. Powers, jurisdiction and functions of the Court.
203DD. Revisional and other jurisdiction of the Court.
203E. Powers and procedure of the Court.
203F. Appeal to Supreme Court.
203G. Bar of jurisdiction.
203GG. Decision of Court binding on High Court and courts subordinate to it.
203H. Pending proceedings to continue, etc.
203I. (Omitted)
203J. Power to make rules.

CHAPTER 4. – GENERAL PROVISIONS RELATING

TO THE JUDICATURE

  1. Contempt of Court.
  2. Remuneration, etc., of Judges.
  3. Resignation.
  4. Judge not to hold office of profit, etc.
  5. Officers and servants of Courts.
  6. Supreme Judicial Council.
  7. Power of Council to enforce attendance of persons. etc.
  8. Bar of jurisdiction.
  9. Administrative Courts and Tribunals.
    212A. (Omitted)
    212B. Establishment of Special Courts for trial of heinous offences.

PART VIII

Elections
CHAPTER 1. – CHIEF ELECTION COMMISSIONER AND
ELECTION COMMISSIONS.

  1. Chief Election Commissioner.
  2. Commissioner’s oath of office.
  3. Term of office of Commissioner
  4. Commissioner not to hold office of profit.
  5. Acting Commissioner.
  6. Election Commission.
  7. Duties of Commission.
  8. Executive authorities to assist Commission, etc.
  9. Officers and servants.

CHAPTER 2. – ELECTORAL LAWS
AND CONDUCT OF ELECTIONS

  1. Electoral laws.
  2. Bar against double membership.
  3. Time of election and bye-election.
    224A. Resolution by Committee or Election Commission.
  4. Election dispute.
  5. Elections by secret ballot.

PART IX

Islamic Provisions

  1. Provisions relating to the Holy Quran and Sunnah.
  2. Composition, etc., of Islamic Council.
  3. Reference by Majlis-e-Shoora (Parliament), etc. to Islamic Council.
  4. Functions of the Islamic Council.
  5. Rules of procedure.

PART X

Emergency Provisions

  1. Proclamation of emergency on account of war, internal disturbance, etc.
  2. Power to suspend Fundamental Rights, etc., during emergency period.
  3. Power to issue Proclamation in case of failure of Constitutional machinery in a Province.
  4. Proclamation in case of financial emergency.
  5. Revocation of Proclamation, etc.
  6. Majlis-e-Shoora (Parliament) may make laws of indemnity, etc.

PART XI

Amendment of Constitution

  1. Amendment of Constitution.
  2. Constitution amendment Bill.

PART XII

Miscellaneous
CHAPTER 1. – SERVICES

  1. Appointments to service of Pakistan and conditions of service.
  2. Existing rules, etc., to continue.
  3. Public Service Commission.

CHAPTER 2. – ARMED FORCES

  1. Command of Armed Forces.
  2. Oath of Armed Forces.
  3. Functions of Armed Forces.

CHAPTER 3. – TRIBAL AREAS

  1. Tribal Areas.
  2. Administration of Tribal Areas.

CHAPTER 4. – GENERAL

  1. Protection to President, Governor, Minister, etc.
  2. Legal proceedings.
  3. Salaries, allowances, etc., of the President etc.
  4. National language.
  5. Special provisions in relation to major ports and aerodromes.
  6. Maximum limits as to property, etc.
  7. Failure to comply with requirement as to time does not render an act invalid.
  8. Oath of office.
  9. Private armies forbidden.
  10. Provision relating to the State of Jammu and Kashmir.
  11. Government of territories outside Provinces.
  12. Awards.

CHAPTER 5. – INTERPRETATION

  1. Definitions.
  2. Person acting in office not to be regarded as successor to previous occupant of office, etc.
  3. Gregorian calendar to be used.
  4. Gender and number.
  5. Effect of repeal of laws.

CHAPTER 6. – TITLE, COMMENCEMENT AND REPEAL.

  1. Title of Constitution and commencement.
  2. Repeal.

CHAPTER 7. – TRANSITIONAL

  1. Power of President to remove difficulties.
    267A. Power to remove difficulties.
    267B. Removal of doubt.
  2. Continuance in force, and adaptation of, certain laws.
  3. Validation of laws, acts, etc.
  4. Temporary validation of certain laws, etc.
    270A. Affirmation of President’s Orders, etc.
    270AA. Declaration and continuance of laws etc.
    270B. Elections to be deemed to be held under Constitution.
    270BB. General Elections 2008.
    270C. Oath of office of Judges, etc.
  5. First National Assembly.
  6. First Constitution of Senate.
  7. First Provincial Assembly.
  8. Vesting of property, assets, rights, liabilities and obligations.
  9. Continuance in office of persons in service of Pakistan, etc.
  10. Oath of first President.
  11. Transitional financial provisions.
  12. Accounts not audited before commencing day.
  13. Continuance of taxes.
  14. Continuance of Proclamation of Emergency.

ANNEX.-THE OBJECTIVES RESOLUTION

SCHEDULES

FIRST SCHEDULE – Laws exempted from the operation of Article 8(1) and (2)

SECOND SCHEDULE – Election of President.

THIRD SCHEDULE. – Oaths of office.

FOURTH SCHEDULE. – Legislative Lists.

FIFTH SCHEDULE. – Remuneration and terms and conditions of service of Judges.

SIXTH SCHEDULE. – Laws not to be altered, repealed or amended without the previous sanction of the President.

SEVENTH SCHEDULE. – Laws to be amended in the manner provided for amendment of the Constitution.

article 243 command of armed forces

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article 243 command of armed forces
  1. Command of Armed Forces.-(1) The Federal Government shall have control and command of the Armed Forces.
    (2) Without prejudice to the generality of the foregoing provision, the Supreme Command of the Armed Forces shall vest in the President.

(3) The President shall subject to law, have power­-

(a) to raise and maintain the Military, Naval and Air Forces of Pakistan; and the Reserves of such Forces; and

(b) to grant Commissions in such Forces.

(4) The President shall, on advice of the Prime Minister, appoint­-

(a) the Chairman, Joint Chiefs of Staff Committee;

(b) the Chief of the Army Staff;

(c) the Chief of the Naval Staff; and

(d) the Chief of the Air Staff,

and shall also determine their salaries and allowances.]

Footnotes:

  1. Section 90 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted Art. 243, in its present form, (w.e.f. April 19, 2010), in place of Art. adopted in 1973, that read :
  2. Command of Armed Forces.-(1) The Federal Government shall have control and command of the Armed Forces.

A[(1A) without prejudice to the generality of the foregoing provision, the Supreme Command of the Armed Forces shall vest in the President.]

(2) The President shall subject to law, have power –

(a) to raise and maintain the Military, Naval and Air Forces of Pakistan; and the Reserves of such Forces; 2[and]

(b) to grant Commissions in such Forces B[.]

B[(c)] Omitted

C[(3) the President shall, D[in consultation with the Prime Minister], appoint-

(a) the Chairman, Joint Chiefs of Staff Committee;

(b) the Chief of the Army Staff;

(c) the Chief of the Naval Staff; and

(d) the Chief of the Air Staff,

and shall also determine their salaries and allowances.]

A. Item 50 of the schedule to P.O. No. 14 of 1985, inserted clause (1A) to Art. 243 (w.e.f. March 2, 1985).

B. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), validated the omission of paragraph (c) of clause (2) of Art. 243, (w.e.f. December 31, 2003). Item 23 of the schedule to C.E.O. No. 24 of 2002, added the conjunction “and” at the end of paragraph (a), substituted the “full stop”, in place of the “semi colon” and the conjunction “and” at the end of paragraph (b) and omitted paragraph (c) of clause (2) of Art. 243, (w.e.f. August 21, 2002). The deleted paragraph (c), adopted in 1973, read :

(c) to appoint a[**] b[the Chairman, Joint Chiefs of Staff Committee,] the Chief of the Army Staff, the Chief of the Naval Staff and the Chief of the Air Staff, and determine their salaries and allowances.

a*. Section 5 of the Constitution (Thirteenth Amendment) Act, 1997, (I of 1997) omitted the words “in his discretion” in paragraph (c) of clause (2) of Art. 243 (w.e.f. April 3, 1997). The said words were inserted by item 50 of the schedule to P.O. No. 14 of 1985, (w.e.f. March 2, 1985).

b*. Item 50 of the schedule to P.O. No. 14 of 1985, also inserted the said words in paragraph (c) of clause 2 of Art. 243, (w.e.f. March 2, 1985).

C. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), validated the insertion of clause (3) of Art. 243, (w.e.f. December 31, 2003). Item 23 of the schedule to C.E.O. No. 24 of 2002, also inserted a new clause (3) to Art. 243, (w.e.f. August 21, 2002).

D. Section 8 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), substituted the said words, in place of the words “in his discretion”, in clause (3) of Art. 243, (w.e.f. December 31, 2003).

Comparative Table of Article 243 of the Constitution of Pakistan, 1973:
Constitution of Pakistan 1962 :
17
Constitution of Pakistan 1956 :
40
Constitution of India 1950:
53(2)
Government of India Act 1935:
4

Leading & Latest Cases on Article 243 of the Constitution of Pakistan, 1973 :
P L D 1993 SC 473
MUHAMMAD NAWAZ SHARIF
PRESIDENT OF PAKISTAN AND OTHERS
P L D 1999 SC 46
SHAHID ORAKZAI
Mian MUHAMMAD NAWAZ SHARIF, PRIME MINISTER 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 2005 SC 719 PAKISTAN LAWYERS FORUM AND OTHERS FEDERATION OF PAKISTAN AND OTHERS
P L D 2009 SC 879
SINDH HIGH COURT BAR ASSOCIATION THROUGH ITS SECRETARY AND ANOTHER
FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF LAW AND JUSTICE

P L D 2013 SC 1 AIR MARSHAL (RETD.) MUHAMMAD ASGHAR KHAN GENERAL (RETD.) MIRZA ASLAM BAIG, FORMER CHIEF OF ARMY STAFF AND OTHE

article 19 freedom of speech etc

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article 19 freedom of speech etc
  1. 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

article 6 high treason

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article 6 high treason
  1. High treason.-1[(1) Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.]

(2) Any person aiding or abetting 2[or collaborating] the acts mentioned in clause (1) shall likewise be guilty of high treason.

3[(2A) An act of high treason mentioned in clause (1) or clause (2) shall not be validated by any court including the Supreme Court and a High Court.]

(3) 4[Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.

Footnotes:

  1. Section 4(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted the said clause, in its present form, (w.e.f. April 19, 2010), in place of the clause (1) of Art. 6, as adopted in 1973, that read :

(1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.

  1. Section 4(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), inserted the said word after the word “abetting” in clause (2) of Art. 6, (w.e.f. April 19, 2010).
  2. Section 4(iii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), inserted a new clause (2A), in its present form, after clause (2) of Art. 6, (w.e.f. April 19, 2010).
  3. See Footnote 2 on page 4.

Comparative Table of Article 6 of the Constitution of Pakistan, 1973 :

Constitution of Pakistan 1962 :

Constitution of Pakistan 1956 :

Constitution of India 1950:

Government of India Act 1935:

Leading & Latest Cases on Article 6 of the Constitution of Pakistan, 1973 :
1986 CLC 1464
MIAN ZAHID SARFARAZ
RAJA NADIR PERVAIZ KHAN AND OTHER
P L D 1989 KARACHI 404
SHARAF FARIDI AND OTHERS
FEDERATION OF ISLAMIC REPUBLIC OF PAKISTAN
P L D 1993 SC 473
MUHAMMAD NAWAZ SHARIF
PRESIDENT 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 2005 SC 719

P L D 2009 SC 879

PAKISTAN LAWYERS FORUM AND OTHERS
SINDH HIGH COURT BAR ASSOCIATION THROUGH ITS SECRETARY

FEDERATION OF PAKISTAN AND OTHERS
FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF LAW

article 36 protection of minorities

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article 36 protection of minorities
  1. 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