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Pakistan Constitution

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CONSTITUTION OF

THE ISLAMIC REPUBLIC OF PAKISTAN, 1973

As Amended by The Constitution Twenty Fifth Amendment Act, 2018

(Full Text and Case Law)

CONTENTS

Preamble

PART I
Introductory

Articles

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

PART II

Fundamental Rights and Principles of Policy

  1. Definition of the State.

CHAPTER 1. – FUNDAMENTAL RIGHTS

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

CHAPTER 2. – PRINCIPLES OF POLICY

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

PART III

The Federation of Pakistan
CHAPTER 1. – THE PRESIDENT

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

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

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

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

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

Procedure Generally

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

Legislative Procedure

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

Financial Procedure

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

CHAPTER 3. – THE FEDERAL GOVERNMENT

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

PART IV

Provinces
CHAPTER 1. – THE GOVERNORS

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

CHAPTER 2. – PROVINCIAL ASSEMBLIES

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

Financial Procedure

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

Ordinances

  1. Power of Governor to promulgate Ordinances.

CHAPTER 3. – THE PROVINCIAL GOVERNMENTS.

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

PART V

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

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

CHAPTER 2. – ADMINISTRATIVE RELATIONS BETWEEN
FEDERATION AND PROVINCES.

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

CHAPTER 3. – SPECIAL PROVISIONS

152A. National Security Council.

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

PART VI

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

Distribution of Revenues between the
Federation and the Provinces.

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

Miscellaneous Financial Provisions

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

CHAPTER 2. – BORROWING AND AUDIT

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

Audit and Accounts

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

CHAPTER 3. – PROPERTY, CONTRACTS,
LIABILITIES AND SUITS

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

PART VII

The Judicature
CHAPTER 1. – THE COURTS

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

CHAPTER 2. – THE SUPREME COURT OF PAKISTAN.

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

CHAPTER 3. – THE HIGH COURTS

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

CHAPTER 3A. – FEDERAL SHARIAT COURT.

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

CHAPTER 4. – GENERAL PROVISIONS RELATING

TO THE JUDICATURE

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

PART VIII

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

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

CHAPTER 2. – ELECTORAL LAWS
AND CONDUCT OF ELECTIONS

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

PART IX

Islamic Provisions

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

PART X

Emergency Provisions

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

PART XI

Amendment of Constitution

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

PART XII

Miscellaneous
CHAPTER 1. – SERVICES

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

CHAPTER 2. – ARMED FORCES

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

CHAPTER 3. – TRIBAL AREAS

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

CHAPTER 4. – GENERAL

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

CHAPTER 5. – INTERPRETATION

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

CHAPTER 6. – TITLE, COMMENCEMENT AND REPEAL.

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

CHAPTER 7. – TRANSITIONAL

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

ANNEX.-THE OBJECTIVES RESOLUTION

SCHEDULES

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

SECOND SCHEDULE – Election of President.

THIRD SCHEDULE. – Oaths of office.

FOURTH SCHEDULE. – Legislative Lists.

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

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

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

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