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[130. The Cabinet— (1) There shall be a Cabinet of Ministers, with the Chief Minister at its head, to aid and advise the Governor in the exercise of his functions.

(2) The Provincial Assembly shall meet on the twenty-first day following the day on which a general election to the Assembly is held, unless sooner summoned by the Governor.

(3) After the election of the Speaker and the Deputy Speaker, the Provincial Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its members to be the Chief Minister.

(4) The Chief Minister shall be elected by the votes of the majority of the total membership of the Provincial Assembly:

Provided that, if no member secures such majority in the first poll, a second poll shall be held between the members who secure the two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting shall be declared to have been elected as Chief Minister:

Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further polls shall be held between them until one of them secures a majority of votes of the members present and voting.

(5) The member elected under clause (4) shall be called upon by the Governor to assume the office of Chief Minister and he shall, before entering upon the office, make before the Governor oath in the form set out in the Third Schedule:

Provided that there shall be no restriction on the number of terms for the office of the Chief Minister.

(6) The Cabinet shall be collectively responsible to the Provincial Assembly and the total strength of the Cabinet shall not exceed fifteen members or eleven percent of the total membership of a Provincial Assembly, whichever is higher:

Provided that the aforesaid limit shall be effective from the next general elections after the commencement of the Constitution (Eighteenth Amendment) Act, 2010.

(7) The Chief Minister shall hold office during the pleasure of the Governor, but the Governor shall not exercise his powers under this clause unless he is satisfied that the Chief Minister does not command the confidence of the majority of the members of the Provincial Assembly, in which case he shall summon the Provincial Assembly and require the Chief Minister to obtain a vote of confidence from the Assembly.

(8) The Chief Minister may, by writing under his hand addressed to the Governor, resign his office.

(9) A Minister who for any period of six consecutive months is not a member of the Provincial Assembly shall, at the expiration of that period, cease to be a Minister and shall not before the dissolution of that Assembly be again appointed a Minister unless he is elected a member of that Assembly.

(10) Nothing contained in this Article shall be construed as disqualifying the Chief Minister or any other Minister for continuing in office during any period during which the Provincial Assembly stands dissolved, or as preventing the appointment of any person as Chief Minister or other Minister during any such period.

(11) The Chief Minister shall not appoint more than five Advisers.]

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Footnotes:

1. Section 43 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted Art. 130, in its present form, (w.e.f. April 19, 2010), in place of the Art. as substituted by Item 27 of the schedule to P.O. No. 14 of 1985, (w.e.f. March 2, 1985), that read :
2. The Cabinet.—(1) There shall be a Cabinet of Ministers, with the Chief Minister at its Head, to aid and advise the Governor in the exercise of his functions.

(2) The Governor shall appoint from amongst the members of the Provincial Assembly a Chief Minister who, in his opinion, is likely to command the confidence of the majority of the members of the Provincial Assembly.

A[(2A) Notwithstanding anything contained in clause (2), after the twentieth day of March, one thousand nine hundred and eighty-eight, the Governor shall invite the member of the Provincial Assembly to be the Chief Minister who commands the confidence of the majority of the members of the Provincial Assembly, as ascertained in a session of the Assembly summoned for the purpose in accordance with the provisions of the Constitution:

Provided that nothing contained in this clause shall apply to a Chief Minister holding office on the twentieth day of March, one thousand nine hundred and eighty-eight, in accordance with the provisions of the Constitution.]

(3) The person appointed under clause (2) B[or as the case may be, invited under clause (2A)] shall, before entering upon the office, make before the Governor oath in the form set out in the Third Schedule and shall within a period of sixty days thereof obtain a vote of confidence from the Provincial Assembly.

(4) The Cabinet shall be collectively responsible to the Provincial Assembly.

(5) The Chief Minister shall hold office during the pleasure of the Governor, but the Governor shall not exercise his powers under this clause unless he is satisfied that the Chief Minister does not command the confidence of the majority of the members of the Provincial Assembly, C[in which case he shall summon the Provincial Assembly and require the Chief Minister to obtain a vote of confidence from the Assembly.]

(6) The chief Minister may, by writing under his hand addressed to the Governor, resign his office.

(7) A Minister who for any period of six consecutive months is not a member of the Provincial Assembly shall, at the expiration of that period, cease to be a Minister, and shall not before the dissolution of that Assembly be again appointed a Minister unless he is elected a member of that Assembly.

(8) Nothing contained in this Article shall be construed as disqualifying the Chief Minister or any other Minister for continuing in office during any period during which the Provincial Assembly stands dissolved, or as preventing the appointment of any person as Chief Minister or other Minister during any such period.

Art. 130, as adopted in 1973, read:

“130. Governor to be kept informed.—The Chief Minister shall keep the Governor informed on matters relating to Provincial administration and on all legislative proposals the Provincial Government intends to bring before the Provincial Assembly.”

A. Section 16(a) of the Constitution (Eighth Amendment) Act, 1985 (18 of 1985), inserted the said clause (2A) in Art. 130, (w.e.f November 11, 1985).

B. Section 16(b) of the Constitution (Eighth Amendment) Act 1985, (18 of 1985), inserted the said words, in clause (3) of Art. 130, (w.e.f. November 11, 1985).

C. Section 16(c) of the Constitution (Eighth Amendment) Act, 1985 (18 of 1985), added the said words, at the end of clause (5) of Art. 130, (w.e.f. November 11, 1985).

11. Slavery, forced labour, etc., prohibited.-(1) Slavery is non-existent and forbidden and no law shall permit or facilitate its introduction into Pakistan in any form.
    (2) All forms of forced labour and traffic in human beings are prohibited.

(3) No child below the age of Fourteen years shall be engaged in any factory or mine or any other hazardous employment.

(4) Nothing in this Article shall be deemed to affect compulsory service-

(a) By any person undergoing punishment for an offence against any law; or

(b) required by any law for public purpose:

Provided that no compulsory service shall be of a cruel nature or incompatible with human dignity.

[106. Constitution of Provincial Assemblies.-(l) Each Provincial Assembly shall consist of general seats and seats reserved for women and non-Muslims as specified hereinbelow.

                                General           Women            Non-                Total

                                    Seats                                   Muslims

Balochistan 51 11 3 65

2[Khyber Pakhtunkhwa 115 26 4 145]

Punjab 297 66 8 371

Sindh 130 29 9 168

3[(1A) The seats for the Province of Khyber Pakhtunkhwa, referred to in clause (1), include sixteen general seats, four seats for the women and one seat for non-Muslims in respect of the Federally Administered Tribal Areas :

Provided that elections to the aforesaid seats shall be held within one year after the general elections, 2018.

(1B) After elections to seats referred to in clause (1A), both clause (!A) and this clause shall stand omitted.]

(2) A person shall be entitled to vote if­—

(a) he is a citizen of Pakistan;

(b) he is not less than eighteen years of age;

(c) his name appears on the electoral roll for any area in the Province; and

(d) he is not declared by a competent court to be of unsound mind

(3) For the purpose of election to a Provincial Assembly,­—

(a) the constituencies for the general seats shall be single member territorial constituencies and the members to fill such seats shall be elected by direct and free vote;

(b) each Province shall be a single constituency for all seats reserved for women and non-­Muslims allocated to the respective Provinces under clause (1);

(c) the members to fill seats reserved for women and non-Muslims allocated to a Province under clause (1) shall be elected in accordance with law through proportional representation system of political parties’ lists of candidates on the basis of the total number of general seats secured by each political party in the Provincial Assembly:

            Provided that for the purpose of this sub-clause, the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates.]

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Footnotes:

Section 36 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted Art. 106, in its present form, (w.e.f. April 19, 2010), in place of Art. 106 as amended upto 2003 by the Constitution (Seventeenth Amendment), Act, 2003. The Art. 106 as substituted shall be deemed always to have been so substituted with effect from the 21st day of August, 2002. Art. 106, as amended upto 2003 by the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003) (w.e.f. December 31, 2003, that read :

106. Constitution of Provincial Assemblies.—A[(1) Each Provincial Assembly shall consist of general seats and seats reserved for women and non-Muslims as specified herein below:- General Seats Women Non-Muslims Total

Balochistan 51 11 3 65

The North-West 99 22 3 124

Frontier Province

The Punjab 297 66 8 371

Sind 130 29 9 168 ]

            (2) A person shall be entitled to vote if--

(a) he is a citizen of Pakistan ;

(b) he is not less than B[eighteen] years of age ;

(c) his name appears on the electoral roll for any area in the Province ; and

(d) he is not declared by a competent Court to be of unsound mind C[.]

C[proviso] Omitted.

D[(3) For the purpose of election to a Provincial Assembly,—

(a) the constituencies for the general seats shall be single member territorial constituencies and the members to fill such seats shall be elected by direct and free vote;

        (b)  each Province shall be a single constituency for all seats reserved for women and non-Muslims allocated to the respective Provinces under clause (1);

(c) the members to fill seats reserved for women and non-Muslims allocated to a Province under clause (1) shall be elected in accordance with law through proportional representation system of political parties’ lists of candidates on the basis of the total number of general seats secured by each political party in the Provincial Assembly:]

E[Provided that for the purpose of this sub-clause, the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates.]

F[(4)] Omitted.

G[(5)] Omitted.

H[(6)] Omitted.

A. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), validated the substitution of clause (1) of Art. 106, (w.e.f. December 31, 2003). Item 14 of the schedule to LFO (C.E.O. No. 24 of 2002), substituted the said clause (1) of Art. 106, in the form set out in note “A” to footnote 1, (w.e.f. August 21, 2002), in place of clause (1) as adopted in 1973, that read :

” (1) There shall be a Provincial Assembly for each Province consisting of the number of members hereinafter specified to be elected by direct and free vote in accordance with law :

          Balochistan                                                                                             40

The North-West Frontier Province 80

The Punjab 240

Sindh 100 “

B. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed) also validated the substitution of the word in paragraph (b) of clause (2) of Art. 106, (w.e.f. December 31, 2003). Item 14 of the schedule to LFO (C.E.O. No. 24 of 2002) substituted the said word in place of the word “twenty-one” in paragraph (b) of clause (2) of Art. 106, (w.e.f. August 21, 2002). Item 24 of the schedule to RCO (P.O. No. 14 of 1985), had substituted the words “twenty-one” in place of the word “eighteen”, as adopted in 1973, (w.e.f. March 2, 1985).

C. Item 24 of the schedule to RCO (P.O. No. 14 of 1985), substituted the full stop, in place of the colon at the end of paragraph (d) of clause (2) of Art. 106 and omitted the proviso thereto, (w.e.f. March 2, 1985). The deleted proviso read :

“Provided that, for the purpose of the first general election to the Provincial Assembly or an election to a seat falling vacant before the holding of the second general election to the Assembly, paragraph (b) shall have effect as if for the word “eighteen” therein the word “twenty-one” were substituted”.

D. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), validated the substitution of clause (3) of Art. 106, (w.e.f. December 31, 2003). Item 14 of the schedule to LFO (C.E.O. No. 24 of 2002) substituted the said clause (3) of Art. 106, in the form set out in note “D” to footnote 1, (w.e.f. August 21, 2002). Item 24 of the schedule to RCO (P.O. No. 14 of 1985), had substituted clause (3) of Art. 106, (w.e.f. March 2, 1985), in place of the clause, as adopted in 1973. The said clause, with respect to non-muslim seats, as first substituted by RCO (P.O. No. 14 of 1985) and deleted by substitution, read :

” (3) In addition to the seats in the Provincial Assemblies for the Provinces of Balochistan, the Punjab, the North-West Frontier and Sindh specified in clause (1), there shall be in those Assemblies the number of seats hereinafter specified for non-Muslims.—

Province Christians Hindus and persons Sikh, Budhist Persons belonging

belonging to the and Parsi to the Quadiani scheduled castes communities group or the

and other non- Lahori group (who

Muslims call themselves

Ahmadis)

Balochistan 1 1 1 —

The North-West 1 — 1 1

Frontier Province

The Punjab 5 1 1 1

Sindh 2 5 1 1

EXPLANATION.—Where no independent seat is allocated to a minority in a Province for being very small in number, the seat allocated jointly to all other non-Muslims in that Province shall be deemed to include that minority. “

Clause (3) of Art. 106 as adopted in 1973, read :

” (3) In addition to the seats in the Provincial Assemblies for the Provinces of Balochistan, the Punjab, the North-West Frontier and Sindh specified in clause (1), there shall be in those Assemblies the number of additional seats hereinafter specified reserved for persons belonging to the Christian, Hindu, Sikh, Budhist and Parsi communities *a[and persons of the Quadiani group or the Lahori group (who call themselves ‘Ahmadi’)] *b[and other non-Muslims and persons belonging to] the Scheduled Castes :

Balochistan 1

The North-West Frontier Province 1

The Punjab *c[5]

Sindh 2 “

*a. Section 2 of the Constitution (Second Amendment) act, 1974 (49 of 1974), added the said words and brackets, in clause (3) of Art. 106, as adopted in 1973, (w.e.f. September 17, 1974).

*b. Section 7 of the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), substituted the said words and brackets in place of the word “or” in clause (3) of Art. 106, as adopted in 1973, (w.e.f. November 21, 1975).

*c. Section 7 of the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), substituted the said numeral for the numeral 3, in clause (3) of Art. 106, as adopted in 1973, (w.e.f. November 21, 1975).

E. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), validated the substitution of the proviso to sub clause (c) of clause (3) of Art. 106, (w.e.f. December 31, 2003). Art. 2(3) of the Legal Framework (Amendment) Order, 2002, C.E.O. No. 29 of 2002, substituted the said proviso to sub clause (c) of clause (3) of Art. 106, (w.e.f. October 9, 2002), in place of the proviso as inserted by item 14 of the schedule to LFO (C.E.O. No. 24 of 2002). The proviso deleted by substitution, read :

Provided that a political party securing less than five per centum of the total number of seats in the Provincial Assembly shall not be entitled to any seat reserved for women and non-Muslims.

F. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), validated the omission of clause (4) of Art. 106, (w.e.f. December 31, 2003). Item 14 of the schedule to LFO (C.E.O. No. 24 of 2002), omitted clause (4) of Art. 106, adopted in 1973, (w.e.f. August 21, 2002). The said clause as adopted in 1973, read :

            " (4) Until the expiration of a period of ten years from the commencing day or the holding of the a*[third] general election to the Assembly of a Province, whichever occurs later, there shall be in the Assembly a number of additional seats reserved for women equal to five per centum of the number of members of that Assembly specified in clause (1). 

a*. Section 13 of the Constitution (Eight Amendment Act, 1985 (18 of 1985), substituted the said word, in place of the word “second”, in clause (4) of Art. 106 as adopted in 1973, (w.e.f. November 11, 1985).

G. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), validated the omission of clause (5) of Art. 106, (w.e.f. December 31, 2003). Item 14 of the schedule to LFO (C.E.O. No. 24 of 2002), also omitted clause (5) of Art. 106, (w.e.f August 21, 2002). Item 24 of the schedule to RCO (P.O. No. 14 of 1985) had substituted clause (5) of Art. 106, (w.e.f. March 2, 1985), in place of the clause as adopted in 1973. The deleted clause read :

(5) The members to fill the seats referred to in clause (3) shall be elected, simultaneously with the members to fill the seats referred to in clause (1), on the basis of separate electorates by direct and free vote in accordance with law.

Clause (5) of Art. 106 as adopted in 1973, read :

“(5) As soon as practicable after the general election to a Provincial Assembly, the members to fill seats reserved in the Assembly for the persons referred to in clause (3) or for women shall be elected in accordance with law by the members of that Assembly referred to in clause (1).”

H. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), validated the omission of clause (6) of Art. 106, (w.e.f. December 31, 2003). Item 14 of the schedule to LFO (C.E.O. No. 24 of 2002), further omitted clause (6) of Art. 106, (w.e.f. August 21, 2002). Item 24 of the schedule to RCO (P.O. No. 14 of 1985), inserted clause (6) of Art. 106, (w.e.f. March 2, 1985). The deleted clause read :

(6) As soon as practicable after the general election to a Provincial Assembly, the members to fill seats in that Assembly reserved for women shall be elected in accordance with law on the basis of the system of proportional representation by means of a single transferable vote by the electoral college consisting of the persons elected to that Assembly.

Section 6(i) of the Constitution (Twenty-fifth Amendment) Act, 2018 (XXXVII of 2018), substituted the said expression “Khyber Pakhtunkhwa” and the entries relating thereto, in place of the expression “Khyber Pakhtunkhwa” and the entries relating thereto in the second, third, fourth and fifth columns, in the Table, in clause (1) of Art. 106, (w.e.f. June 4, 2018).
Section 6(ii) of the Constitution (Twenty-fifth Amendment) Act, 2018 (XXXVII of 2018), inserted new clauses (1A) and (1B), in their present form, after clause (1) of Art. 106, (w.e.f. June 4, 2018).

101. Appointment of Governor.— 1[(1) There shall be a Governor for each Province, who shall be appointed by the President on the advice of the Prime Minister.]

(2) A person shall not be appointed a Governor unless he is qualified to be elected as a member of the National Assembly and is not less than thirty-five years of age 2[and is a registered voter and resident of the Province concerned] 3[:]

3[Proviso] Omitted

3[(2A)] Omitted.

(3) The Governor shall hold office during the pleasure of the President 1[and shall be entitled to such salary, allowances and privileges as the President may determine].

(4) The Governor may, by writing under his hand addressed to the President, resign his office.

2[(5) The President may make such provision as he thinks fit for the discharge of the functions of a Governor] 3[in any contingency not provided for in this Part]:

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Footnotes:

1. Section 33(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted clause (1) of Art. 101, in its present form, (w.e.f. April 19, 2010), in place of clause (1) as amended upto 2002, that read :

(1) There shall be a Governor for each Province, who shall be appointed by the President A[ B[after consultation with] the Prime Minister.]

A-B. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), validated the reinsertion, by substitution, of the words “after consultation with”, in place of the words “on the advice of”, in clause (1) of Art. 101, (w.e.f. December 31, 2003). Item 13 of the schedule to LFO (C.E.O. No. 24 of 2002), substituted the said words, (w.e.f. August 21, 2002).

Clause (1) of Art. 101, as adopted in 1973, provided that “There shall be a Governor for each Province, who shall be appointed by the President”. Item 22 of the schedule to RCO (P.O. No. 14 of 1985), added the words “in his discretion” after the word “President” appearing at the end of the clause, (w.e.f. March 2, 1985).

Section 11 of the Constitution (Eighth Amendment) Act, 1985 (18 of 1985) thereafter substituted the words “after consultation with the Prime Minister”, in place of the words “in his discretion” in clause (1) of Art. 101, (w.e.f. November 11, 1985). Section 3 of the Constitution (Thirteenth Amendment) Act, 1997 (1 of 1997), substituted the words “on the advice of”, in place of the words “after consultation with” in the said clause, (w.e.f. April 3, 1997).

2. Section 33(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), added the said words, after the word “age”, in clause (2) of Art. 101, (w.e.f. April 19, 2010).
3. Section 2 of the Constitution (Fifth Amendment) Act 1976 (62 of 1976), substituted a colon in place of the Full-stop, at the of clause (2) of Art. 101 and added a proviso and a new clause 2-A. The proviso and clause 2-A were omitted by subsection (a) and (b) of section 11 of the Constitution (Eight Amendment) Act 1985 (18 of 1985) (w.e.f. November 11, 1985). However the draftsman neglected to substitute a full stop in place of the colon. The proviso and clause 2-A, as deleted, read :

“Provided that, after the holding of the first general election to the National Assembly, a person shall not be appointed to be the Governor of the province of which he is a permanent resident.”

“(2A) Nothing contained in the proviso to clause (2) shall apply during the period that *a[an order under paragraph (c) of clause (2) of Article 232 or a Proclamation under] Article 234 is in force.

*a. Section 3 of the (Seventh Amendment) Act 1977 (Act 23 of 1977) substituted the said words in place of the words “an order under paragraph (c) of clause (2) of Article 232 or a proclamation under”. (w.e.f. May 16, 1977).

Article: 10 Safeguards as to arrest and detention

10. Safeguards as to arrest and detention.-(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.

(2) Every person who is arrested and detained in custody shall be produced before a Magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the Court of the nearest Magistrate, and no such person shall be detained in custody beyond the said period without the authority of a Magistrate.

(3) Nothing in clauses (1) and (2) shall apply to any person who is arrested or detained under any law providing for preventive detention.

(4) No law providing for preventive detention shall be made except to deal with persons acting in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof, or external affairs of Pakistan, or public order, or the maintenance of supplies or services, and no such law shall authorise the detention of a person for a period exceeding 1[three months] unless the appropriate Review Board has, after affording him an opportunity of being heard in person, reviewed his case and reported, before the expiration of the said period, that there is, in its opinion, sufficient cause for such detention, and, if the detention is continued after the said period of 1[three months], unless the appropriate Review Board has reviewed his case and reported, before the expiration of each period of three months, that there is, in its opinion, sufficient cause for such detention.

Explanation I.-In this Article, “the appropriate Review Board” means,

(i) in the case of a person detained under a Federal Law, a Board appointed by the Chief Justice of Pakistan and consisting of a Chairman and two other persons, each of whom is or has been a Judge of the Supreme Court or a High Court: and

(ii) in the case of a person detained under a Provincial Law, a Board appointed by the Chief Justice of the High Court concerned and consisting of a Chairman and two other persons, each of whom is or has been a Judge of a High Court.

Explanation II.-The opinion of a Review Board shall be expressed in terms of the views of the majority of its members.

(5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, 2[within fifteen days] from such detention, communicate to such person the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order:

provided that the authority making any such order may refuse to disclose facts which such authority considers it to be against the public interest to disclose.

(6) The authority making the order shall furnish to the appropriate Review Board all documents relevant to the case unless a certificate, signed by a Secretary to the Government concerned, to the effect that it is not in the public interest to furnish any documents, is produced.

(7) Within a period of twenty-four months commencing on the day of his first detention in pursuance of an order made under a law providing for preventive detention, no person shall be detained in pursuance of any such order for more than a total period of eight months in the case of a person detained for acting in a manner prejudicial to public order and twelve months in any other case:

Provided that this clause shall not apply to any person who is employed by, or works for, or acts on instructions received from, the enemy 3[or who is acting or attempting to act in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof or who commits or attempts to commit any act which amounts to an anti-national activity as defined in a Federal law or is a member of any association which has for its objects, or which indulges in, any such anti-national activity].

(8) The appropriate Review Board shall determine the place of detention of the person detained and fix a reasonable subsistence allowance for his family.

(9) Nothing in this Article shall apply to any person who for the time being is an enemy alien.

Footnotes:

1. Section 2 of the Constitution (Third Amendment) Act, 1975 (22 of 1975) substituted the said words in place of the words “one month”, in clause (4) of Art. 10, (w.e.f. February 18, 1975.
2. Section 2 of the Constitution (Third Amendment) Act, 1975 (22 of 1975) also substituted the said words in place of the words “as soon as may be, but not later than one week”, in clause (5) of Art. 10, (w.e.f. February 18, 1975).
3. Section 2 of the Constitution (Third Amendment) Act, 1975 (22 of 1975) added the said words, in the proviso to clause (7) of Art. 10, (w.e.f. February 18, 1975).

The Constitution (Twenty-fifth Amendment) Act, 2018

SENATE SECRETARIAT

Islamabad, the 4th June, 2018

Act No. XXXVII of 2018

An Act further to amend the Constitution of the Islamic Republic of Pakistan.

        WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing;

        It is hereby enacted as follows :-

Short title and commencement.–(1) This Act may be called the Constitution (Twenty-fifth Amendment) Act, 2018.
(2) Except as provided in this Act, it shall come into force at once.

Amendment of Article 1 of the Constitution,– In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 1, in clause (2),–(i) in paragraph (b), after semi-colon the word “and” shall be inserted;
(ii) paragraph (c) shall be omitted ; and

(iii) paragraph (d) shall be renumbered as paragraph (c).

3. Amendment of Article 51 of the Constitution.–In the Constitution, in Article 51,–

(i) in clause (1), for the expression “three hundred and forty-two” the expression “three hundred and thirty-six” shall be substituted;

(ii) for clause (3) and the Table thereunder, the following shall be substituted, namely :–

“(3) The seats in the National Assembly referred to in clause (1), except the seats mentioned in clause (4), shall be allocated to each Province and the Federal Capital as under :-

General Seats Women Seats Total Seats
Balochistan 16 4 20
Khyber Pkhtunkhwa 45 10 55
Punjab 141 32 173
Sindh 61 14 75
Federal Capital 3 – 3
Total 266 60 326″
(iii) after clause (3), substituted as aforesaid, the following new clause shall be inserted, namely :–

“(3A) Notwithstanding anything contained in clause (3) or any other law for the time being in force, the members of the National Assembly from the Federally Administered Tribal Areas to be elected in the general elections, 2018 shall continue till dissolution of the National Assembly and thereafter this clause shall stand omitted.”; and

(iv) in clause 5, the words, brackets; figure and comma “Save as provided in clause (3) in respect of the Federally Administered Tribal Areas,” shall be omitted and for the word “the”, occurring for the first time, the word “The” shall be substituted.

4. Amendment of Article 59 of the Constitution.– In the Constitution, in Article 59,-

(1) In clause (1),-

(a) for the words “one hundred and four” the word “ninety-six” shall be substituted ; and

(b) paragraph (b) shall be omitted :

(2) in clause (3), paragraph (b) shall be omitted ; and

(3) after clause (3), amended as aforesaid, the following new clause shall be inserted, namely ;–

“(3A) Notwithstanding the omission of paragraph (b) of clause (1) and the omission of paragraph (b) of clause (3), the exiting members of the Senate from the Federally Administered Tribal Areas shall continue till expiry of their respective terms of office and on the expiry of the aforesaid terms this clause shall stand omitted.”.

Amendment of Article 62 of the Constitution.–In the Constitution, in Article 62, in clause (1), in paragraph (c), the words “or the Federally Administered Tribal Areas” shall be omitted.
Amendment of Article 106 of the Constitution.–In the Constitution, in Article 106,–
(i) In clause (1), in the Table, for the expression “Khyber Pakhtunkhwa” in the first column and the entries relating thereto in the second, third, fourth and fifth columns, the following shall be substituted, namely :-

“Khyber Pakhtunkhwa 115 26 4 145” and

(ii) After clause (1), amended as aforesaid, the following new clauses shall be inserted, namely; –

“(1A) The seats for the Province of Khyber Pakhtunkhwa, referred to in clause (1), include sixteen general seats, four seats for the women and one seat for non-Muslims in respect of the Federally Administered Tribal Areas :

        Provided that elections to the aforesaid seats shall be held within one year after the general elections, 2018.

(1B) After elections to seats referred to in clause (1A), both clause (!A) and this clause shall stand omitted”.

Amendment of Article 155 of the Constitution.– In the Constitution, in Article 155, in clause (1), the words and comma “or the Federally Administered Tribal Areas,” shall be omitted.
Amendment of Article 246 of the Constitution.–In the Constitution, in Article 246,–
(i) in paragraph (b), the word “and”, at the end, shall be omitted;

(ii) in paragraph (c), for the full stop at the end, a semi colon and the word “; and” shall be substituted; and

(iii) after paragraph (c), as amended herein above, the following new paragraph shall be added, namely:–

“d) On the commencement of the Constitution (Twenty-fifth Amendment) Act, 2018, the areas mentioned in-

(i) paragraph (b),-

(a) in sub-paragraph (i), shall stand merged in the Province of Khyber Pakhtunkhwa; and

(b) in sub-paragraph (ii), shall stand merged in the Province of Balochistan; and

(ii) paragraph (c), shall stand merged in the province of Khyber Pakhtunkhwa.”.

Omission of Article 247 of the Constitution.– In the Constitution, Article 247 shall be omitted.
AMJED PERVEZ,

Secretary

The Constitution (Twenty-third Amendment) Act, 2017

SENATE SECRETARIAT

Islamabad, the 31st March, 2017

Act No. XII of 2017

An Act further to amend the Constitution of the Islamic Republic of Pakistan;

        WHEREAS the Constitution (Twenty-first Amendment) Act, 2015 (I of 2015) came into force on 7th January, 2015 and stands repealed on the expiry of two years on the 6th January, 2017;

        AND WHEREAS an extraordinary situation and circumstances still exist which demand continuation of the special measures adopted for expeditious disposal of certain offences relating to terrorism, waging of was or insurrection against Pakistan and prevention of acts threatening the security of Pakistan by any terrorist or terrorist group, armed group, wing and militia or their members misusing the name of religion or a sect;

        AND WHEREAS there still exists grave and unprecedented threat to the integrity of Pakistan and objectives set out in the Preamble to the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, by the framers of the Constitution, from terrorist groups by raising of arms and insurgency misusing the name of religion or a sect or from foreign and locally funded anti-state elements;

        AND WHEREAS it is expedient that the said terrorist groups including any such terrorists fighting while misusing the name of religion or a sect, captured or to be captured in combat with the Armed Forces or otherwise are tried by the courts established under the Acts mentioned hereinafter in section 3;

        AND WHEREAS the people of Pakistan have expressed their firm resolve through their chosen representatives to permanently wipe out and eradicate terrorists from Pakistan, it is expedient to provide constitutional protection to the special measures taken in the interest of security and integrity of Pakistan;

        AND WHEREAS the special measures adopted pursuant to the Constitution (Twenty-first Amendment) Act, 2015 (I of 2015) for a further period of two years;

        It is hereby enacted as follows :-

Short title and commencement.-(1) This Act may be called the Constitution (Twenty-third Amendment) Act, 2017.
(2) It shall come into force at once and shall be deemed to have taken effect on and from 7th January, 2017.

(3) The provisions of this Act shall remain in force for a period of two years from the date of its commencement and shall cease to form part of the Constitution and shall stand repealed on the expiry of the said period.

Amendment of Article 175 of the Constitution.-In the Constitution, in Article 175, in clause (3), for the full-stop at the end, a colon shall be substituted and thereafter the following proviso shall be inserted, namely :-
“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 and 7 of sub-part III of Part 1 of the First Schedule, who claim, or are known, to belong to any terrorist group or organization misusing 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.”.

Amendment of First Schedule of the Constitution.-In the Constitution, in the First Schedule, in sub-part III of Part I, after Entry 5, the following new Entries shall be added, namely :-
“6. The Pakistan Army Act, 1952 (XXXIX of 1952).

7. The Anti-Terrorism Act, 1997 (XXVII of 1997), only to the extent of sub-clause (iv) of clause (d) of sub-section (1) of section 2 of the Pakistan Army Act, 1952 (XXXIX of 1952), added through the Pakistan Army (Amendment) Act, 2017 (XI of 2017).”.

Resolution by Committee or Election Commission.—(1) in case the Prime Minister and the Leader of the Opposition in the outgoing National Assembly do not agree on any person to be appointed as the care-taker Prime Minister, within three days of the dissolution of the National Assembly, they shall forward two nominees each to a Committee to be immediately constituted by the Speaker of the National Assembly, comprising eight members of the outgoing National Assembly, or the Senate, or both, having equal representation from the Treasury and the Opposition, to be nominated by the Prime Minister and the Leader of the Opposition respectively.

(2) In case a Chief Minister and the Leader of the Opposition in the outgoing Provincial Assembly do not agree on any person to be appointed as the care-taker Chief Minister, within three days of the dissolution of that Assembly, they shall forward two nominees each to a Committee to be immediately constituted by the Speaker of the Provincial Assembly, comprising six members of the outgoing Provincial Assembly having equal representation from the Treasury and the Opposition, to be nominated by the Chief Minister and the Leader of the Opposition respectively.

(3) The Committee constituted under clause (1) or (2) shall finalize the name of the care-taker Prime Minister or care-taker Chief Minister, as the case may be, within three days of the referral of the matter to it:

Provided that in case of inability of the Committee to decide the matter in the aforesaid period, the names of the nominees shall be referred to the Election Commission of Pakistan for final decision within two days.

(4) The incumbent Prime Minister and the incumbent Chief Minister shall continue to hold office till appointment of the care-taker Prime Minister and the care-taker Chief Minister, as the case may be.

(5) Notwithstanding anything contained in clauses (1) and (2), if the members of the Opposition are less than five in the Majlis-e-Shoora (Parliament) and less than four in any Provincial Assembly, then all of them shall be members of the Committee mentioned in the aforesaid clauses and the Committee shall be deemed to be duly constituted.]

Footnotes:

1. Section 9 of the Constitution (Twentieth Amendment) Act, 2012 (5 of 2012), inserted the said new Art. 224A, to the Constitution, (w.e.f. February 28, 2012).

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THE

Contempt of Court Ordinance, 2003

Ordinance No. IV of 2003

10th July 2003

An Ordinance to regulate

the exercise of the powers of

courts to punish for contempt of court.

WHEREAS clause (3) of Article 204 of the Constitution of he Islamic Republic of Pakistan Provides that the exercise of the power conferred on courts to punish for contempt may be regulated by law,

AND WHEREAS The National Assembly is not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action.

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following ordinance.

1. Short title, extent and commencement: (1) This Ordinance may be called the Contempt of Court Ordinance, 2003.

(2) It extends to the whole of Pakistan.

(3) It shall come in force at once.

2. Definitions:– In this Ordinance, unless there is anything repugnant in subject or context:

(a) “Civil contempt” means the willful flouting or disregard of-

(i) an order, whether interim or final, a judgment or decree of a court;

(ii) A writ or order issued by a court in the exercise of its constitutional jurisdiction;

(iii) an undertaking given to, and recorded by, a court;

(iv) the process of a court;

(b) “Criminal contempt” means the doing of any act with intent to, or having the effect of, obstructing the administration of justice;

(c) “Judicial contempt” means the scandalization of a court and includes personalized criticism of a judge while holding of office;

(d) “Notice” means a notice other than a show cause notice issued by a court;

(e) “Pending proceedings” means proceedings which have been instituted in a court of law until finally decided after exhausting all appeals, revisions or reviews provided by law or until the period of limitation therefore has expired;

Provided that the pendency of an execution application shall not detract form the finality of the proceedings.

(f) “Personalized criticism” means a criticism of a judge or a judgment in which improper motives are imputed; and

(g) “Superior court” means the Supreme Court or a High Court.

3. Contempt of Court:- Whoever disobeys or disregards any order, direction or process of a Court, which he is legally bound to obey; or commits a willful breach of a valid undertaking given to a Court; or does any thing which is intended to or tends to bring the authority of a court or the administration of law into disrespect or disrepute, or to interfere with or obstruct or interrupt or prejudice the process of law or the due course of any judicial proceedings, or to lower the authority of a court or scandalize a judge in relation to his office, or to disturb the order or decorum of a court is said to commit “contempt of Court” the Contempt is of three types, namely; the “Civil contempt” “criminal contempt” and “judicial contempt”.
4. Jurisdiction:– (1) Every superior Court shall have the power to punish a contempt committed in relation to it.

(2) Subject to sub-section (3) every High Court shall have the power to punish a contempt committed in relation to any Court subordinate to it.

(3) No High court shall proceeding in cases in which an alleged contempt is punishable by a subordinatecourt under the Pakistan Penal Code (Act No. XLV of 1860).

5. Punishment:– (1) Subject to sub-section (92) any person who commits contempt of court shall be punished with imprisonment which may extend to six months simple imprisonment, or with fine which may extend to Rs 100, 000, or with both.

(2)A person accused of having committed contempt of court may, at any stage, submit an apology and the court, if satisfied that it is bonafide, may discharge him or remit his sentence.

Explanation: The fact that an accused person genuinely believes that he has not committed contempt and enters a defence shall not detract from the bona fides of an apology.

(3) In case of a contempt having been committed, or alleged to have been committed, by a company, the responsibility therefore shall extend to the persons in the company, directly or indirectly, responsible for the same, who shall also be liable to be punished accordingly.

(4) Notwithstanding anything contained in any judgment, no court shall have the power to pass any order of punishment for or in relation to any act of contempt save and except in accordance with sub-section (1).

6. Criminal contempt when committed:– (1) A criminal contempt shall be deemed to have been committed if a person

(a) Attempts to influence a witness, or proposed witness, either by intimidation or improper inducement, not to give evidence, or not to tell the truth in any legal proceeding;

(b) offers an improper inducement or attempts to intimidate a judge, in order to secure a favourable verdict in any legal proceedings;

(c) Commits any other act with intent to divert the course of justice.

7. Cognizance of criminal contempt:– In the case of a criminal contempt a superior court make take action;

(i) Suo motu or

(ii) on the initiative of any person connected with the proceedings in which the alleged contempt has been committed; or

(iii) on the application of the law officer of a provincial or the Federal Government.

8. Fair reporting:– (1) Subject to sub-section (2), the publication of a substantially accurate account of what has transpired in a court, or of legal proceedings, shall not constitute contempt of court.

(2)The Court may, for reasons to be recorded in writing, in the interest of justice, prohibit the publication of information pertaining to legal proceedings.

9. Personalized criticism: – (1) Subject to the provisions of this Ordinance, personalized criticism of a specific judge, or judges, may constitute judicial contempt save and except true averment if made in good faith and in temperate language in a complaint made,

(a) to the administrative superior of a judge of a subordinate court;

(b) to a provincial government,

(c) to the Chief justice of a High Court;

(d) to the Supreme Court;

(e) to the supreme judicial Council; or

(f) to the Federal Government for examination and being forwarded to the supreme judicial Council;

(2) Nothing contained in sub-section (1) is intended to deprive a judge of the right to file a suit for defamation.

10. Fair comments:- The fair and healthy comments on a judgment involving question of public importance in a case which has finally been decided and is not longer pending shall not constitute contempt;

Provided that it is phrased in temperate language and the integrity and impartiality of a judge is not impugned.

11. Judicial contempt:- (1) A superior Court may take action in a case of judicial contempt on its own initiative or on information laid before it by any person.

(2) Any person laying false information relating to the commission of an alleged judicial contempt shall himself be liable to be proceeded against for contempt of court.

(3) Judicial contempt proceedings initiated by a judge, or relating to a judge, shall not be heard by the said judge, by shall (Unless he is himself the Chief justice) be referred to the Chief justice, who may her the same personally or refer it to some other judge, and in a case in which the judge himself is the Chief justice, shall be referred to the senior most judge available for disposal similarly.

(4) No proceedings for judicial contempt shall be initiated after the expiry of one year.

12. Civil contempt:- (1) Proceeding for civil contempt may be initiated suo motu or at the instance of an aggrieved party.

(2) The provisions contained herein are intended to be in addition to, and not in derogation of, the power of the Court under any other law for the time being in force to enforce compliance of its orders, judgments or decrees.

13. Procedure in case of contempt in the face of the court:- (1) In the case of a contempt committed in the face of the court, the court may cause the contemner /offender to be detained in custody and may proceed against him in the manner provided in sub-section (2);

Provided that if the case cannot be finally disposed of on the same day, the court may order the release of the accused from the custody either on bail or on his own bond.

(2) In all cases of contempt in the face of the court the juge shall pass an order in open court recording separately what was said or done by the accused person and shall immediately proceed against the offender or may refer the matter to the Chief justice for hearing and deciding the case by himself or by another judge.

14. Expunged material:- No material which has been expunged from the record under the orders of

(i) a court of competent jurisdiction, or

(ii) The presiding officer of the Senate, the National Assembly or a provincial Assembly; shall be admissible in evidence unless it is otherwise order by the court.

15. Innocent publication:- No person shall be guilty of contempt of court for making any statement, or publishing any material, pertaining to any matter which forms the subject of pending proceedings, if he was not aware of the pendency thereof.
16. Protected statements:- No proceedings for contempt of court shall lie in relation to the following:

(i) observations made by a higher or appellate court in a judicial order or judgment;

(ii) remarks made in an administrative capacity by any authority in the course of official business, including those in connection with a disciplinary inquiry or in an inspection note or a character roll or confidential report; and

(iii) a true statement without intent to scandalize a judge regarding his conduct in a matter not connected with the performance of his judicial functions.

17. Procedure:- (1) Save as expressly provided to the contrary, proceedings in cases of contempt shall be commenced by the issuance of a notice, or a show cause notice, at the discretion of the court.

(2) In the case of a notice the alleged contemner may enter appearance in person or through an advocate and in the case of a show cause notice, shall appear personally;

Provided that the court may at any time exempt the alleged contemner from appearing personally;

(3) if, after giving the alleged contemner an opportunity of a preliminary hearing, the court is prima facie satisfied that the interest of justice so requires, if shall fix a date for framing a charge in open court and proceed to decide the matter either on that date, or on a subsequent date or dates, on the basis of basis of affidavits, or after recording evidence;

Provided that the alleged contemner shall not, if he so requests, be denied the right of cross examination in relation to any affidavit, other than the of a judge, used in evidence against him.

18. Substantial detriment:- (1) No person shall be found guilty of contempt of court, or punished accordingly, unless the court is satisfied that the contempt is one which is substantially detrimental to the administration of justice or scandalizes the court or other wise tends to bring the court or judge into hatred or ridicule.

(2) In the event of a person being found not guilty of contempt by reason of sub-section (1) the courtmay pass an order deprecating the conduct, or actions, or the person accused of having committed contempt.

(3) Subject to the provisions of this Ordinance, truth shall be a valid defence in cases of contempt ofcourt.

19. Appeal:- (1) Notwithstanding anything contained in any other law or the rules for the time being in force, order passed by a superior court in contempt cases shall be appeal able in the following manner;

(i) in the case of an order passed by a single judge of a High Court an intra-court appeal shall lie to a bench of two or more judges;

(ii) in a case in which the original order has been passed by a division or larger bench of a High Court an appeal shall lie to the Supreme Court, and

(iii) in the case of an original order passed by a single judge or a bench of two judges of the Supreme Court an intra-court appeal shall lie to a bench of three judges and in case the original order was passed by a bench of three or more judges an intra-court appeal shall lie to a bench of five or more judges.

(2) The appellate court may suspend the impugned order pending disposal of the appeal.

(3) The limitation period of filing an appeal shall be 30 days.

20. Repeal:– The Contempt of court Act, 1976 (LXIV of 1976) is hereby repealed.