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–Constitution (Second Amendment) Order, 1980, President’s Order 4 of 1980 (21st of June, 1980)

CONSTITUTION (SECOND AMENDMENT) ORDER, 1980

PRESIDENT’S ORDER 4 OF 1980

[Gazette of Pakistan, Extraordinary, Part 1, 21st June, 1980]

No. F. l7(2)/80 Pub.

The following Order made by the President is hereby published for general information:–

In pursuance of the Proclamation of the fifth day of July, 1977, read with the Laws (Continuance in Force) Order, of 1977 (C.M.L.A. Order No.1 of 1977), and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order:-

1.

Short title and commencement.

(l) This Order may be called the Constitution (Second Amendment) Order, 1980.

(2) It shall come into force at once.

2.

Amendment of Article 203-C of the Constitution.

In the Constitution, in Article 203-C,–

(a) in clause (2), after the word “five”, the word “Muslim” shall be inserted;

(b) in clause (4), in the proviso, after the word “and”, the commas and words “, except where the Judge is himself the Chief Justice,” shall be inserted; and

(c) after clause (4) amended as aforesaid, the following new clause shall be inserted, namely:–

“(4-A)

The Chairman, if he is not a Judge of the Supreme Court, and a member who is not a Judge of a High Court, may, by writing under his hand addressed to the President, resign his office.”.

3.

Amendment of Article 203-D.of the Constitution.

In the Constitution, in Article 203-D, clause (4) shall be omitted.

4.

Insertion of new Article 203-DD in the Constitution.

In the Constitution, after Article 203-D, amended as aforesaid, the following new Article shall be inserted, namely:–

203-DD

Further jurisdiction of the Court.

The Court shall have such other jurisdiction as may be conferred on it by or under any law ”.

5.

Amendment of Article 203-E of the Constitution.

In the Constitution, in Article 203-E, in clause (8), for the words “this Article” the word, figure and letter “ Article 203-D” shall be substituted.

6.

Amendment of Article 203-J of the Constitution.

In the Constitution, in Article 203-J, in clause (2),–

(a) in paragraph (a), the word “and” at the end shall be omitted:

(b) in paragraph (b), for the full-stop at the end a semicolon shall be substituted; and

(c) after paragraph (b), amended as aforesaid, the following new paragraph shall be added, namely:–

“(c)

the powers and functions of the Court being exercised or performed by Benches consisting of one or more members constituted by the Chairman;

(d) the decision of the Court being expressed in terms of the opinion of the majority of its members or, as the case may be, of the members constituting a Bench; and

(e) the decision of cases in which the members constituting a Bench are equally divided in their opinion.”

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