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

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

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

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

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

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

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

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

5[(4B)] Omitted

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

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

“prescribed law officer” means—

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

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

Footnotes:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

P L D 1977 SC 397

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

DARSHAN MASIH AND OTHERS
NATIONAL INDUSTRIAL COOPERATIVE CREDIT CORPORATION AND ANOTHER

STATE
PROVINCE OF PUNJAB AND ANOTHER

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

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

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

Footnotes:

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

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

Constitution of Pakistan 1956 :
8

Constitution of India 1950:
19

Government of India Act 1935:

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

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

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

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

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

Footnotes:

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

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

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

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

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

Provided that nothing in this Article shall prevent-

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

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

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

Footnotes:

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

Constitution of Pakistan 1956 :
12

Constitution of India 1950:
19(1)

Government of India Act 1935:
298(1)

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

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

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

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

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

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

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

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

Footnotes:

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

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

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

            As P.O. No. 5 of 2007, including the said purported Amendments, was not validated by the Parliament, after the general elections of 18th of February, 2008, it was held to be void ab initio and of no legal effect in the Short Order dated 31st of July, 2009 and the detailed judgment of the Supreme Court dated 30th of September, 2009 in C.P. No. 09 of 2009 Sindh High Court Bar Association v/s Federation of Pakistan and others.

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

“[:]

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

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

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

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

P L D 1964 LAHORE 117
GHULAM MUHAMMAD
PAKISTAN AND OTHERS
P L D 1977 KARACHI 524
INAMUR REHMAN
FEDERATION OF PAKISTAN AND OTHERS
P L D 1981 SC 352
ABDUL HAFEEZ
THE STATE
P L D 1987 KARACHI 404
BANK OF OMAN LTD.
EAST TRADING CO. LTD. AND OTHERS
P L D 1993 SC 341 GOVERNMENT OF BALUCHISTAN AND OTHERS AZIZULLAH MEMON AND OTHERS
P L D 1998 SC 1445 MEHRAM ALI AND OTHERS FEDERATION OF PAKISTAN AND OTHERS
2000 YLR 2724 PHILIPS ELECTRICAL INDUSTRIES OF PAKISTAN LTD. PAKISTAN AND OTHERS

[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

168. 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.

2. 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).
3. 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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16. 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

153. 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.

2. 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.

3. See Footnote 2 on page 4.
4. 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