Law Gat
Law Gat
Preamble to Article 28
Preamble Whereas sovereignty over the entire Universe belongs to Almighty
Allah alone, and the authority to be exercised by the people of Pakistan
within the limits prescribed by Him is a sacred trust.
Date The National Assembly of Pakistan passed the Constitution on
10th April, 1973, the President of the Assembly authenticated it on 12th
April, 1973 and the Assembly published the Constitution of the Islamic
Republic of Pakistan.
Article 1(1) Pakistan shall be Federal Republic to be known as the Islamic Republic of Pakistan.
Article 2 Islam shall be the State religion of Pakistan.
Article 2 A The principles and provisions set out in the Objectives Resolution reproduced in the Annex are hereby
made substantive part of the Constitution and shall have effect accordingly.
Article 3 Elimination of exploitation: The State shall ensure the elimination of all forms of exploitation and the
gradual fulfillment of the fundamental principle, from each according to his ability to each according to
his work.
Article 4(1) Right of individuals to be dealt with in accordance with law, etc.
To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every
citizen. Wherever he may be, and of every other person for the time being within Pakistan.
Article 4(2) In particular—
(a) no action detrimental to the life, liberty, body, reputation or property of any person shall be taken
except in accordance with law;
(b) no person shall be prevented from or be hindered in doing that which is not prohibited by law; and
(c) no person shall be compelled to do that which the law does not required him to do.
Article 5 (1) Loyalty to the State is the basic duty of every citizen.
(2) Obedience to the Constitution and law is the 1[inviolable] obligation of every citizen wherever he
may be and of every other person for the time being within Pakistan.
Article 6 High treason: (1) Any person who abrogates or subverts or suspends or holds
in abeyance, or attempts or conspires to abrogate or subvert or suspend or
hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional
means shall be guilty of high treason.
(2) Any person aiding or abetting 3[or collaborating] the acts mentioned in clause (1) shall likewise be
guilty of high treason.
2A) An act of high treason mentioned in clause (1) or clause (2) shall not be validated by any court
including the Supreme Court and a High Court.
(3) 2[Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of
high treason.
Article 7 Definition of the State: In this Part, unless the context otherwise requires, "the State"
means the Federal Government, 1[Majlis-e-Shoora (Parliament)], a Provincial Government, a
Provincial Assembly, and such local or other authorities in Pakistan as are by law empowered to
impose any tax or cess.
Article 8 Laws inconsistent with or in derogation of Fundamental Rights to be void
(1) Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights
conferred by this Chapter, shall, to the extent of such inconsistency, be void.
(2) The State shall not make any law which takes away or abridges the rights so conferred and any law
made in contravention of this clause shall, to the extent of such contravention, be void.
(3) The Provisions of this Article shall not apply to—
(a) any law relating to members of the Armed Forces, or of the police or of such other forces as are
charged with the maintenance of public order, for the purpose of ensuring the proper discharge of
their duties or the maintenance of discipline among them; or
(b) any of the —
(i) laws specified in the First Schedule as in force immediately before the commencing
day or as amended by any of the laws specified in that Schedule;
(ii) other laws specified in Part I of the First Schedule;] and no such law nor any provision
thereof shall be void on the ground that such law or provision is inconsistent with, or
repugnant to, any provision of this Chapter.
(4) Notwithstanding anything contained in paragraph (b) of clause (3), within a period of two years from
the commencing day, the appropriate Legislature shall bring the laws specified in 1[Part II of the First
Schedule] into conformity with the rights conferred by this Chapter :
Provided that the appropriate Legislature may by resolution extend the said period of two years by a
period not exceeding six months.
Explanation.– If in respect of any law 2[Majlis-e-Shoora (Parliament)] is the appropriate Legislature,
such resolution shall be a resolution of the National Assembly.
(5) The rights conferred by this Chapter shall not be suspended except as expressly provided by the
Constitution.
Any right which has been provided by the Constitution is called as Fundamental Right.
Article 9 Security of person: No person shall be deprived of life or liberty save in accordance with law.
Article 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 with out 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 '[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 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 1[, 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.
Article 10 A Right to fair trial: For the determination of his civil rights and obligations or in any criminal charge
against him a person shall be entitled to a fair trial and due process.
Right to a fair trial is a Fundamental Right.
Article 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.
Article 12 Protection against retrospective punishment:
(1) No law shall authorize the punishment of a person—
(a) for an act or omission that was not punishable by law at the time of the act or omission; or
(b) for an offence by a penalty greater than, or of a kind different from, the penalty prescribed by law
for that offence at the time the offence was committed.
(2) Nothing in clause (1) or in Article 270 shall apply to any law making acts of abrogation or subversion
of a Constitution in force in Pakistan at any time since the twenty-third day of March, one thousand
nine hundred and fifty-six, an offence.
Article 13 Protection against double punishment and self incrimination
No person—
(a) shall be prosecuted or punished for the same offence more than once; or
(b) shall, when accused of an offence, be compelled to be a witness against himself.
Article 14 Inviolability of dignity of man, etc.
(1) The dignity of man and, subject to law, the privacy of home, shall be inviolable.
(2) No person shall be subjected to torture for the purpose of extracting evidence.
Article 15 Freedom of movement, etc.
Every citizen shall have the right to remain in, and, subject to any reasonable restriction imposed by law
in the public interest, enter and move freely throughout Pakistan and to reside and settle in any part
thereof.
Article 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.
Article 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.
Article 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.
Article 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.
Article 19 A Right to information
Every citizen shall have the right to have access to information in all matters of public importance
subject to regulation and reasonable restrictions imposed by law
Article 20 Freedom to profess religion and to manage religious institutions
Subject to law, public order and morality,—
(a) every citizen shall have the right to profess, practice and propagate his religion; and
(b) every religious denomination and every sect thereof shall have the right to establish, maintain and
manage its religious institutions.
Article 21 Safeguard against taxation for purposes of any particular religion
No person shall be compelled to pay any special tax the proceeds of which are to be spent on the
propagation or maintenance of any religion other than his own.
Article 22 Safeguards as to educational institutions in respect of religion, etc.
(1) No person attending any educational institution shall be required to receive religious instruction, or
take part in any religious ceremony, or attend religious worship, if such instruction, ceremony or
worship relates to a religion other than his own.
(2) In respect of any religious institution, there shall be no discrimination against any community in the
granting of exemption or concession in relation to taxation.
(3) Subject to law,
(a) no religious community or denomination shall be prevented from providing religious instruction for
pupils of that community or denomination in any educational institution maintained wholly by that
community or denomination; and
(b) no citizen shall be denied admission to any educational institution receiving aid from public
revenues on the ground only of race, religion, caste or place of birth.
(4) Nothing in this Article shall prevent any public authority from making provision for the advancement
of any socially or educationally backward class of citizens.
Article 23 Provision as to property
Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan,
subject to the Constitution and any reasonable restrictions imposed by law in the public interest.
Article 24 Protection of property rights
(1) No person shall be deprived of his property save in accordance with law.
(2) No property shall be compulsorily acquired or taken possession of save for a public purpose, and
save by the authority of law which provides for compensation therefor and either fixes the amount of
compensation or specifies the principles on and the manner in which compensation is to be determined
and given.
(3) Nothing in this Article shall affect the validity of—
(a) any law permitting the compulsory acquisition or taking possession of any property for preventing
danger to life, property or public health; or
(b) any law permitting the taking over of any property which has been acquired by, or come into the
possession of, any person by any unfair means, or in any manner, contrary to law; or
(c) any law relating to the acquisition, administration or disposal of any property which is or is deemed
to be enemy property or evacuee property under any law (not being property which has ceased to be
evacuee property under any law); or
(d) any law providing for the taking over of the management of any property by the State for a limited
period, either in the public interest or in order to secure the proper management of the property, or for
the benefit of its owner; or
(e) any law providing for the acquisition of any class of property for the purpose of—
(i) providing education and medical aid to all or any specified class of citizens; or
(ii) providing housing and public facilities and services such as roads, water supply, sewerage, gas and
electric power to all or any specified class of citizens; or
(iii)providing maintenance to those who, on account of unemployment, sickness, infirmity or old age,
are unable to maintain themselves; or
(f) any existing law or any law made in pursuance of Article 253.
(4) The adequacy or otherwise of any compensation provided for by any such law as is referred to in
this Article, or determined in pursuance thereof, shall not be called in question in any court.
Protection of property rights is a Fundamental Rights.
Article 25 A Right to education: The State shall provide free and compulsory education to all
children of the age of five to sixteen years in such manner as may be determined by law.
Article 26 Non-discrimination in respect of access to public places
(1) In respect of access to places of public entertainment or resort, not intended for religious purposes
only, there shall be no discrimination against any citizen on the ground only of race, religion, caste, sex,
residence or place of birth.
(2) Nothing in clause (1) shall prevent the State from making any special provision for women and
children.
Article 27 Safeguard against discrimination in services
(1) No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated
against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or
place of birth:
Provided that, for a period not exceeding 3[forty] years from the commencing day, posts may be
reserved for persons belonging to any class or area to secure their adequate representation in the
service of Pakistan:
Provided further that, in the interest of the said service, specified posts or services may be reserved for
members of either sex if such posts or services entail the performance of duties and functions which
cannot be adequately performed by members of the other sex
Article 28 Preservation of language, script and culture
Subject to Article 251 any section of citizens having a distinct language, script or culture shall have the
right to preserve and promote the same and subject to law, establish institutions for that purpose.
Constitution of Pakistan
Article 29 to Article 40
Article 29 Principles of Policy
(1) The Principles set out in this Chapter shall be known as the Principles of Policy, and it is the
responsibility of each organ and authority of the State, and of each person performing functions on
behalf of an organ or authority of the State, to act in accordance with those Principles in so far as they
relate to the functions of the organ or authority.
(2) In so far as the observance of any particular Principle of Policy may be dependent upon resources
being available for the purpose, the Principle shall be regarded as being subject to the availability of
resources.
(3) In respect of each year, the President in relation to the affairs of the Federation, and the Governor of
each Province in relation to the affairs of his Province, shall cause to be prepared and laid before
2[each House of Majlis-e-Shoora (Parliament)] or, as the case may be, the Provincial Assembly, a report
on the observance and implementation of the Principles of Policy, and provision shall be made in the
rules of procedure of the National Assembly 3[and the Senate] or, as the case may be, the Provincial
Assembly, for discussion on such report.
Formal declarations of rules of law by competent forum is termed as Legislature.
Article 30 Responsibility with respect to Principles of Policy
(1) The responsibility of deciding whether any action of an organ or authority of the State, or of a person
performing functions on behalf of an organ or authority of the State, is in accordance with the
Principles of Policy is that of the organ or authority of the State, or of the person, concerned.
(2) The validity of an action or of a law shall not be called in question on the ground that it is not in
accordance with the Principles of Policy, and no action shall lie against the State, any organ or authority
of the State or any person on such ground.
Article 31 Islamic way of life
(1) Steps shall be taken to enable the Muslims of Pakistan, individually and collectively, to order their
lives in accordance with the fundamental principles and basic concepts of Islam and to provide facilities
whereby they may be enabled to understand the meaning of life according to the Holy Quran and
Sunnah.
(2) The State shall endeavour, as respects the Muslims of
Pakistan,—
(a) to make the teaching of the Holy Quran and Islamiat compulsory, to encourage and facilitate the
learning of Arabic language and to secure correct and exact printing and publishing of the Holy Quran;
(b) to promote unity and the observance of the Islamic moral standards; and
(c) to secure the proper organisation of zakat 1[ushr,] auqaf and mosques.
Article 32 Promotion of local Government institutions
The State shall encourage local Government institutions composed of elected representatives of the
areas concerned and in such institutions special representation will be given to peasants, workers and
women.
Article 33 Parochial and other similar prejudices to be discouraged
The State shall discourage parochial, racial, tribal sectarian and provincial prejudices among the citizens.
Article 34 Full participation of women in national life
Steps shall be taken to ensure full participation of women in all spheres of national life.
Article 35 Protection of family, etc.
The State shall protect the marriage, the family, the mother and the child.
Article 36 Protection of minorities
The State shall safeguard the legitimate rights and interests of minorities, including their due
representation in the Federal and Provincial services.
Article 37 Promotion of social justice and eradication of social evils
The State shall—
(a) promote, with special care, the educational and economic interests of backward classes or areas;
(b) remove illiteracy and provide free and compulsory secondary education within minimum possible
period;
(c) make technical and professional education generally available and higher education equally
accessible to all on the basis of merit;
(d) ensure inexpensive and expeditious justice;
(e) make provision for securing just and humane conditions of work, ensuring that children and women
are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in
employment;
(f) enable the people of different areas, through education, training, agricultural and industrial
development and other methods, to participate fully in all forms of national activities, including
employment in the service of Pakistan;
(g) prevent prostitution, gambling and taking of injurious drugs, printing, publication, circulation and
display of obscene literature and advertisements;
(h) prevent the consumption of alcoholic liquor otherwise than for medicinal and, in the case of non-
Muslims, religious purposes; and
(i) decentralise the Government administration so as to facilitate expeditious disposal of its business to
meet the convenience and requirements of the public.
Article 38 Promotion of social and economic well being of the people
The State shall—
(a) secure the well-being of the people, irrespective of sex, caste, creed or race, by raising their standard
of living, by preventing the concentration of wealth and means of production and distribution in the
hands of a few to the detriment of general interest and by ensuring equitable
adjustment of rights between employers and employees, and landlords and tenants;
(b) provide for all citizens, within the available resources of the country, facilities for work and adequate
livelihood with reasonable rest and leisure;
(c) provide for all persons employed in the service of Pakistan or otherwise, social security by
compulsory social insurance or other means;
(d) provide basic necessities of life, such as food, clothing, housing, education and medical relief, for all
such citizens, irrespective of sex, caste, creed or race, as are permanently or temporarily unable to earn
their livelihood on account of infirmity, sickness or unemployment;
(e) reduce disparity in the income and earnings of individuals, including persons in the various classes of
the service of Pakistan; 1*
(f) eliminate riba as early as possible 2[; and]
(g) ensure that the shares of the Provinces in all Federal services, including autonomous bodies and
corporations established by, or under the control of, the Federal Government, shall be secured and any
omission in the allocation of the shares of the Provinces in the past shall be rectified.]
Article 39 Participation of people in Armed Forces
The State shall enable people from all parts of Pakistan to participate in the Armed Forces of Pakistan.
Article 40 Strengthening bonds with Muslim world and promoting international peace
The State shall endeavour to preserve and strengthen fraternal relations among Muslim countries based
on Islamic unity, support the common interests of the peoples of Asia, Africa and Latin America,
promote international peace and security, foster goodwill and friendly relations among all nations and
encourage the settlement of international disputes by peaceful means.
2[(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 therefore this
clause shall stand omitted.]
(4) In addition to the number of seats referred to in clause (3), there shall be, in the National Assembly,
ten seats reserved for non- Muslims.
1[(5) 3[**] The seats in the National Assembly shall be allocated to each province and the Federal Capital
on the basis of population in accordance with the last preceding census officially published:
Provided that for purposes of the next general elections to be held in 2018 and bye-elections related
thereto, the allocation shall be made on the basis of provisional results of the 2017 census which shall be
published by the Federal Government.]
Provided that for the purpose of this paragraph 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; and
(e) members to the seats reserved for non-Muslims shall be elected in accordance with law through
proportional representation system of political parties’ lists of candidates on the basis of total number
of general seats won by each political party in the National Assembly:
Provided that for the purpose of this paragraph 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.]
Article 52 Duration of National Assembly
The National Assembly shall, unless sooner dissolved, continue for a term of five years from the day of
its first meeting and shall stand dissolved at the expiration of its term.
Minimum age for National Assembly = 25 years
Election for National Assembly = Direct
Article 53 Speaker and Deputy Speaker of National Assembly
(1) After a general election, the National Assembly shall, at its first meeting and to the exclusion of any
other business, elect from amongst its members a Speaker and a Deputy Speaker and, so often as the
office of Speaker or Deputy Speaker becomes vacant, the Assembly shall elect another member as
Speaker or, as the case may be, Deputy Speaker.
(2) Before entering upon office, a member elected as Speaker or Deputy Speaker shall make before the
National Assembly oath in the form set out in the Third Schedule.
(3) When the office of Speaker is vacant, or the Speaker is absent or is unable to perform his functions
due to any cause, the Deputy Speaker shall act as speaker, and if, at that time, the Deputy Speaker is
also absent or is unable to act as Speaker due to any cause, such member as may be determined by the
rules of procedure of the Assembly shall preside at the meeting of the Assembly.
(4) The Speaker or the Deputy Speaker shall not preside at a meeting of the Assembly when a resolution
for his removal from office is being considered.
(5) The Speaker may, by writing under his hand addressed to the President, resign his office.
(6) The Deputy Speaker may, by writing under his hand addressed to the Speaker, resign his office.
(7) The office of Speaker or Deputy Speaker shall become
vacant if—
(a) he resigns his office;
(b) he ceases to be a member of the Assembly; or
(c) he is removed from office by a resolution of the Assembly, of which not less than seven days' notice
has been given and which is passed by the votes of the majority of the total membership of the
Assembly.
(8) When the National Assembly is dissolved, the Speaker shall continue in his office till the person
elected to fill the office by the next Assembly enters upon his office.
Article 54 Summoning and prorogation of Majlis-e-Shoora (Parliament)
(1) The President may, from time to time, summon either
House or both Houses or 2[Majlis-e-Shoora (Parliament)] in joint sitting to meet at such time and place
as he thinks fit and may also prorogue the same.
(2) There shall be at least 2 sessions of the National Assembly every year, and not more than one
hundred and twenty days shall intervene between the last sitting of the Assembly in one session and
the date appointed for its first sitting in the next session:
Provided that the National Assembly shall meet for not less than one hundred and 1[thirty] working days
in each year.
2[Explanation.– In this clause, "working days" includes any day on which there is a joint sitting and any
period, not exceeding two days, for which the National Assembly is adjourned].
(3) On a requisition signed by not less than one-fourth of the total membership of the National
Assembly, the Speaker shall summon the National Assembly to meet, at such time and place as he thinks
fit, within fourteen days of the receipt of the requisition; and when the Speaker has ssummoned the
Assembly only he may prorogue it
Article 55 Voting in Assembly and quorum
(1) Subject to the Constitution, all decisions of the National Assembly shall be taken by majority of the
members present and voting, but the person presiding shall not vote except in the case of equality of
votes.
(2) If at any time during a sitting of the National Assembly the attention of the person presiding is drawn
to the fact that less than one-fourth of the total membership of the Assembly is present, he shall either
adjourn the Assembly or suspend the meeting until at least one-fourth of such membership is present.
Article 56 Address by President
(1) The President may address either House or both Houses assembled together and may for that
purpose require the attendance of the members.
(2) The President may send messages to either House, whether with respect to a Bill then pending in the
Majlis-e-Shoora (Parliament) or otherwise, and a House to which any message is so sent shall with all
convenient despatch consider any matter required by the message to be taken into consideration.
3) At the commencement of the first session after each general election to the National Assembly and at
the commencement of the first session of each year the President shall address both Houses
assembled together and inform the Majlis-e-Shoora (Parliament) of the causes of its summons.
(4) Provision shall be made in the rules for regulating the procedure of a House and the conduct of its
business for the allotment of time for discussion of the matters referred to in the address of the
President.
Article 57 Right to speak in 2[Majlis-e-Shoora (Parliament)]
The Prime Minister, a Federal Minister, a Minister of State and the Attorney General shall have the right
to speak and otherwise take part in the proceedings of either House, or a joint sitting or any committee
thereof, of which he may be named a member, but shall not by virtue of this Article be entitled to vote.
Article 58 Dissolution of National Assembly
(1) The President shall dissolve the National Assembly if so advised by the Prime Minister; and the
National Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours
after the Prime Minister has so advised.
Explanation.– Reference in this Article to "Prime Minister" shall not be construed to include reference to
a Prime Minister against whom a notice of a resolution for a vote of no-confidence has been given in the
National Assembly but has not been voted upon or against whom such a resolution has been passed or
who is continuing in office after his resignation or after the dissolution of the National Assembly.
(2) Notwithstanding anything contained in clause (2) of Article 48, the President may also dissolve the
National Assembly in his discretion where, a vote of no-confidence having been passed against the Prime
Minister, no other member of the National Assembly command the confidence of the majority of the
members of the National Assembly in accordance with the provisions of the Constitution, as ascertained
in a session of the National Assembly summoned for the purpose.
Indirect elections for the President.
Article 59 The Senate
(1) The Senate shall consist of 2[ninety-six] members, of
whom,—
(a) fourteen shall be elected by the members of each Provincial
Assembly;
(b) 3[* * * * * * ]
(c) two on general seats, and one woman and one technocrat including aalim shall be elected from the
Federal Capital in such manner as the President may, by Order, prescribe;
(d) four women shall be elected by the members of each Provincial Assembly;
(e) four technocrats including ulema shall be elected by the members of each Provincial Assembly; and
(f) four non-Muslims, one from each Province, shall be elected by the members of each Provincial
Assembly:
Provided that paragraph (f) shall be effective from the next Senate election after the commencement of
the Constitution (Eighteenth Amendment) Act, 2010.
(2) Election to fill seats in the Senate allocated to each Province shall be held in accordance with the
system of proportional representation by means of the single transferable vote.
(3) The Senate shall not be subject to dissolution but the term of its members, who shall retire as
follows, shall be six years:-
(a) of the members referred to in paragraph (a) of clause (1), seven shall retire after the expiration of the
first three years and seven shall retire after the expiration of the next three
years;
(b) 4[* * * * * * *]
(c) of the members referred to in paragraph (c) of the aforesaid
clause,—
(i) one elected on general seat shall retire after the expiration of the first three years and the other one
shall retire after the expiration of the next three years; and
(ii) one elected on the seat reserved for technocrat shall retire after first three years and the one elected
on the seat reserved for woman shall retire after the expiration of the next three years;
(d) of the members referred to in paragraph (d) of the aforesaid clause, two shall retire after the
expiration of the first three years and two shall retire after the expiration of the next
three years;
(e) of the members referred to in paragraph (e) of the aforesaid clause, two shall retire after the
expiration of the first three years and two shall retire after the expiration of the next
three years; and
(f) of the members referred to in paragraph (f) of the aforesaid clause, two shall retire after the
expiration of first three years and two shall retire after the expiration of next three years:
Provided that the Election Commission for the first term of seats for non-Muslims shall draw a lot as to
which two members shall retire after the first three years.
1[(3A) Notwithstanding the omission of paragraph (b) of clause (1) and the omission of paragraph (b) of
clause (3), the existing 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.]
(4) The term of office of a person elected to fill a casual vacancy shall be the unexpired term of the
member whose vacancy he has filled.]
Article 60 Chairman and Deputy Chairman
(1) After the Senate has been duly constituted, it shall, at its first meeting and to the exclusion of any
other business. elect from amongst its members a Chairman and a Deputy Chairman and, so often as
the Office of Chairman or Deputy Chairman becomes vacant, the Senate shall elect another member as
Chairman or, as the case may be, Deputy Chairman.
(2) The term of office of the Chairman or Deputy Chairman shall be' 1[three] years from the day on
which he enters upon his office. (check if 2 or 3)
Article 61 Other provisions relating to Senate
The provisions of clauses (2) to (7) of Article 53, clauses (2) and (3) of Article 54 and Article 55 shall apply
to the Senate as they apply to the National Assembly and, in their application to the Senate, shall have
effect as if references therein to the National Assembly, Speaker and Deputy Speaker were references,
respectively, to the Senate Chairman and Deputy Chairman 2[and as if, in the proviso to the said clause
(2) of Article 54, for the words 3[one hundred and thirty] the words 4[one hundred and ten] were
substituted]
Article 62 Qualifications for membership of Majlis-e-Shoora Parliament
(1) A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament)
unless—
(a) he is a citizen of Pakistan;
(b) he is, in the case of the National Assembly, not less than twenty-five years of age and is enrolled as a
voter in any electoral roll in—
(i) any part of Pakistan, for election to a general seat or a seat reserved for non-Muslims; and
(ii) any area in a Province from which she seeks membership for election to a seat reserved for women.
(c) he is, in the case of the Senate, not less than thirty years of age and is enrolled as a voter in any area
in a Province or, as the case may be, the Federal Capital 1[**], from where
he seeks membership;
(d) he is of good character and is not commonly known as one who violates Islamic Injunctions;
(e) he has adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam
as well as abstains from major sins;
(f) he is sagacious, righteous, non-profligate, honest and ameen, there being no declaration to the
contrary by a court of law; and
(g) he has not, after the establishment of Pakistan, worked against the integrity of the country or
opposed the ideology of Pakistan.
(2) The disqualifications specified in paragraphs (d) and (e) shall not apply to a person who is a non-
Muslim, but such a person shall have good moral reputation.]
Article 63 Disqualifications for membership of Majlis-e-Shoora (Parliament)
(1) A person shall be disqualified from being elected or chosen as, and from being, a member of the
Majlis-e-Shoora (Parliament), if—
(a) he is of unsound mind and has been so declared by a competent court; or
(b) he is an undischarged insolvent; or
(c) he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State; or
(d) he holds an office of profit in the service of Pakistan other than an office declared by law not to
disqualify its holder; or
(e) he is in the service of any statutory body or any body which is owned or controlled by the
Government or in which the Government has a controlling share or interest; or
(f) being a citizen of Pakistan by virtue of section 14B of the Pakistan Citizenship Act, 1951 (II of 1951), he
is for the time being disqualified under any law in force in Azad Jammu and Kashmir from being elected
as a member of the Legislative Assembly of Azad Jammu and Kashmir; or
(g) he has been convicted by a court of competent jurisdiction for propagating any opinion, or acting in
any manner, prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan,
or the integrity, or independence of the judiciary of Pakistan, or which defames or brings into ridicule the
judiciary or the Armed Forces of Pakistan, unless a period of five years has lapsed since his release; or
(h) he has been, on conviction for any offence involving moral turpitude, sentenced to imprisonment for
a term of not less than two years, unless a period of five years has elapsed since his release; or
(i) he has been dismissed from the service of Pakistan or service of a corporation or office set up or,
controlled by the Federal Government, Provincial Government or a Local Government on the grounds of
misconduct, unless a period of five years has elapsed since his dismissal; or
(j) he has been removed or compulsorily retired from the service of Pakistan or service of a corporation
or office set up or controlled by the Federal Government, Provincial Government or a Local Government
on the ground of misconduct, unless a period of three years has elapsed since his removal or compulsory
retirement; or
(k) he has been in the service of Pakistan or of any statutory body or any body which is owned or
controlled by the Government or in which the Government has a controlling share or interest, unless a
period of two years has elapsed since he ceased to be in such service; or
(l) he, whether by himself or by any person or body of persons in trust for him or for his benefit or on his
account or as a member of a Hindu undivided family, has any share or interest in a contract, not being a
contract between a cooperative society and Government, for the supply of goods to, or for the execution
of any contract or for the performance of any service undertaken by, Government:
Provided that the disqualification under this paragraph shall not apply to a person—
(i) where the share or interest in the contract devolves on him by inheritance or succession or as a
legatee, executor or administrator, until the expiration of six months after it has so devolved on him;
(ii) where the contract has been entered into by or on behalf of a public company as defined in the
Companies Ordinance, 1984 (XLVII of 1984), of which he is a shareholder but is not a director holding an
office of profit under the company; or
(iii) where he is a member of a Hindu undivided family and the contract has been entered into by any
other member of that family in the course of carrying on aseparate business in which he has no share or
interest;
Explanation.—In this Article “goods” does not include agricultural produce or commodity
grown or produced by him or such goods as he is, under any directive of Government or any law for the
time being in force, under a duty or obligation to supply; or
(m) he holds any office of profit in the service of Pakistan other than the following offices, namely :—
(i) an office which is not whole time office remunerated either by salary or by fee;
(ii) the office of Lumbardar, whether called by this or any other title;
(iii) the Qaumi Razakars;
(iv) any office the holder whereof, by virtue of such office, is liable to be called up for military training
or military service under any law providing for the constitution or raising of a Force; or
(n) he has obtained a loan for an amount of two million rupees or more, from any bank, financial
institution, cooperative society or cooperative body in his own name or in the name of his spouse or any
of his dependents, which remains unpaid for more than one year from the due date, or has got
such loan written off; or
(o) he or his spouse or any of his dependents has defaulted in payment of government dues and utility
expenses, including telephone, electricity, gas and water charges in excess of ten thousand rupees, for
over six months, at the time of filing his nomination papers; or
(p) he is for the time being disqualified from being elected or chosen as a member of the Majlis-e-Shoora
(Parliament) or of a Provincial Assembly under any law for the time being in force.
Explanation.— For the purposes of this paragraph “law” shall not include an Ordinance promulgated
under Article 89 or Article 128.
(2) If any question arises whether a member of the Majlis-e- Shoora (Parliament) has become
disqualified from being a member, the Speaker or, as the case may be, the Chairman shall, unless he
decides that no such question has arisen, refer the question to the Election Commission within thirty
days and if he fails to do so within the aforesaid period it shall be deemed to have been referred to the
Election Commission.
(3) The Election Commission shall decide the question within ninety days from its receipt or deemed to
have been received and if it is of the opinion that the member has become disqualified, he shall cease to
be a member and his seat shall become vacant.]
Article 63 A 63A. Disqualification on grounds of defection, etc.
1[63A. (1) If a member of a Parliamentary Party composed of a single
political party in a House—
(a) resigns from membership of his political party or joins
another Parliamentary party; or
(b) votes or abstains from voting in the House contrary to any
direction issued by the Parliamentary Party to which he
belongs, in relation to—
(i) election of the Prime Minister or the Chief Minister; or
1 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s.22, for “Article 63A”.
(ii) a vote of confidence or a vote of no-confidence; or
(iii) a Money Bill or a Constitution (Amendment) Bill; he may be declared in writing by the Party Head to
have defected from the political party, and the Party Head may forward a copy of the declaration
to the Presiding Officer and the Chief Election Commissioner and shall similarly forward a copy thereof to
the member concerned :
Provided that before making the declaration, the Party Head shall provide such member with an
opportunity to show cause as to why such declaration may not be made against him.
Explanation.— “Party Head” means any person, by whatever name called, declared as such by the Party.
(2) A member of a House shall be deemed to be a member of a Parliamentary Party if he, having been
elected as a candidate or nominee of a political party which constitutes the Parliamentary Party in the
House or, having been elected otherwise than as a candidate or nominee of a political party, has become
a member of such Parliamentary Party after such election by means of a declaration in writing.
(3) Upon receipt of the declaration under clause (1), the Presiding Officer of the House shall within two
days refer, and in case he fails to do so it shall be deemed that he has referred, the declaration to the
Chief Election Commissioner who shall lay the declaration before the Election Commission for its
decision thereon confirming the declaration or otherwise within thirty days of its receipt by the Chief
Election Commissioner.
(4) Where the Election Commission confirms the declaration, the member referred to in clause (1) shall
cease to be a member of the House and his seat shall become vacant.
(5) Any party aggrieved by the decision of the Election Commission may, within thirty days, prefer an
appeal to the Supreme Court which shall decide the matter within ninety days from the date of the
filing of the appeal.
(6) Nothing contained in this Article shall apply to the Chairman or Speaker of a House. (defection
clauses)
(7) For the purpose of this Article,—
(a) "House" means the National Assembly or the Senate, in relation to the Federation; and a Provincial
Assembly in relation to the Province, as the case may be;
(b) "Presiding Officer" means the Speaker of the National Assembly, the Chairman of the Senate or the
Speaker of the Provincial Assembly, as the case may be.
(8) Article 63A substituted as aforesaid shall comes into effect from the next general elections to be held
after the commencement of the Constitution (Eighteenth Amendment) Act, 2010:
Provided that till Article 63A substituted as aforesaid comes into effect the provisions of existing Article
63A shall remain operative].
Provided that, for a period of ten years from the commencing day or the holding of the second general
election to the National Assembly, whichever occurs later, a demand shall be deemed to have been
assented to without any reduction of the amount specified therein, unless, by the votes of a majority of
the total membership of the Assembly, it is refused or assented to subject to a reduction of the amount
specified therein.
(3) No demand for a grant shall be made except on the recommendation of the Federal Government
Article 83 Authentication of schedule of authorized expenditure
(1) The Prime Minister shall authenticate by his signature a schedule specifying—
(a) the grants made or deemed to have been made by the National Assembly under Article 82, and
(b) the several sums required to meet the expenditure charged upon the Federal Consolidated Fund but
not exceeding, in the case of any sum, the sum shown in the statement previously laid before the
National Assembly.
(2) The schedule so authenticated shall be laid before the National Assembly, but shall not be open to
discussion or vote thereon.
(3) Subject to the Constitution, no expenditure from the Federal Consolidated Fund shall be deemed to
be duly authorised unless it is specified in the schedule so authenticated and such schedule is laid
before the National Assembly as required by clause (2)
Article 84 Supplementary and excess grants
If in respect of any financial year it is found—
(a) that the amount authorized to be expended for a particular service for the current financial year is
insufficient, or that a need has arisen for expenditure upon some new service not included in the Annual
Budget Statement for that year; or
(b) that any money has been spent on any service during a financial year in excess of the amount granted
for that service for that year the Federal Government shall have power to authorize expenditure from
the Federal Consolidated Fund, whether the expenditure is charged by the Constitution upon that Fund
or not, and shall cause to be laid before the National Assembly Supplementary Budget Statement or, as
the case may be, an Excess Budget Statement, setting out the amount of that expenditure, and the
provisions of Articles 80 to 83 shall apply to those statements as they apply to the Annual Budget
Statement.
Article 85 Votes on account
Notwithstanding anything contained in the foregoing provisions relating to financial matters, the
National Assembly shall have power to make any grant in advance in respect of the estimated
expenditure for a part of any financial year, not exceeding four months, pending completion of the
procedure prescribed in Article 82 for the voting of such grant and the authentication of the schedule of
authorized expenditure in accordance with the provisions of Article 83 in relation to the expenditure.
Article 86 Power to authorize expenditure when Assembly stands dissolved
Notwithstanding anything contained in the foregoing provisions relating to financial matters, at any time
when the National Assembly stands dissolved, the Federal Government may authorize expenditure from
the Federal Consolidated Fund in respect of the estimated expenditure for a period not exceeding four
months in any financial year, pending completion of the procedure prescribed in Article 82 for the voting
of grants and the authentication of the schedule of authorized expenditure in accordance with the
provisions of Article 83 in relation to the expenditure.
Article 87 Secretariats of Majlis-e-Shoora (Parliament)
(1) Each House shall have a separate Secretariat:
Provided that nothing in this clause shall be construed as preventing the creation of posts common to
both Houses.
(2) 1[Majlis-e-Shoora (Parliament)] may by law regulate the recruitment and the conditions of service of
persons appointed to the secretarial staff of either House.
(3) Until provision is made by 1[Majlis-e-Shoora (Parliament)] under clause (2), the Speaker or, as the
case may be, the Chairman may, with the approval of the President, make rules2 regulating the
recruitment, and the conditions of service, of persons appointed to the secretarial staff of the National
Assembly or the Senate.
1[Provided that the National Assembly may by a resolution extend the Ordinance for a further
period of one hundred and twenty days and it shall stand repealed at the expiration of the extended
period, or if before the expiration of that period a resolution disapproving it is passed by the
Assembly, upon the passing of that resolution: Provided further that extension for further period may be
made only once.]
(ii) before both Houses if it 2[does not contain provisions dealing with any of the matters referred
to in sub-paragraph (i)], and shall stand repealed at the expiration of 3[one hundred and twenty days]
from its promulgation or, if before the expiration of that period a resolution disapproving it is passed by
either House, upon the passing of that resolution 4[:]
5[Provided that either House may by a resolution extend it for a further period of one
hundred and twenty days and it shall stand repealed at the expiration of the extended period, or if
before the expiration of that period a resolution disapproving it is passed by a House, upon the
passing of that resolution:
Provided further that extension for a further period may be made only once; and]
(b) may be withdrawn at any time by the President.
6[(3) without prejudice to the provisions of clause (2),—
(a) an Ordinance laid before the National Assembly under sub- paragraph (i) of paragraph (a) of clause
(2) shall be deemed to be a Bill introduced in the National Assembly; and
(b) an Ordinance laid before both Houses under sub-paragraph
(ii) of paragraph (a) of clause (2) shall be deemed to be a Bill introduced in the House where it was first
laid.]
(3) Notwithstanding anything contained in clause (1) or clause (2), the President shall appoint the most
senior Judge of the Supreme Court as the Chief Justice of Pakistan.
Provided that for appointment of the Chief Justice of a High Court, the most senior Judge mentioned in
paragraph (ii) shall not be member of the Commission:
Provided further that if for any reason the Chief Justice of High Court is not available, he shall be
substituted by a former Chief Justice or former Judge of that Court, to be nominated by the Chief Justice
of Pakistan in consultation with the four member Judges of the Commission mentioned in paragraph (ii)
of clause (2)
Provided further that subject to the foregoing proviso, in case of appointment of Chief Justice of
Islamabad High Court, the provisos to clause (5) shall, mutatis mutandis, apply.
(7) For appointment of Judges of the Federal Shariat Court, the Commission in clause (2) shall also
include the Chief Justice of the Federal Shariat Court and the most senior Judge of that Court as its
members:
Provided that for appointment of Chief Justice of Federal Shariat Court, the provisos, to clause (5) shall,
mutatis mutandis, apply.
(8) The Commission by majority of its total membership shall nominate to the Parliamentary Committee
one person, for each vacancy of a Judge in the Supreme Court, a High Court or the Federal Shariat Court,
as the case may be.
(9) The Parliamentary Committee, hereinafter in this Article referred to as the Committee, shall consist of
the following eight members, namely:—
i) four members from the Senate; and
(ii) four members from the National Assembly:
1[Provided that when the National Assembly is dissolved, the total membership of the Parliamentary
Committee shall consist of the members from the Senate only mentioned in paragraph (i) and the
provisions of this Article shall, mutatis mutandis, apply.]
(10) Out of the eight members of the Committee, four shall be from the Treasury Benches, two from
each House and four from the Opposition Benches, two from each House. The nomination of members
from the Treasury Benches shall be made by the Leader of the House and from the Opposition Benches
by the Leader of the Opposition.
1[Provided that the Committee, for reasons to be recorded, may not confirm the nomination by three-
fourth majority of its total membership within the said period:]
2[Provided further that if a nomination is not confirmed by the Committee it shall forward its decision
with reasons so recorded to the Commission through the Prime Minister:Provided further that if a
nomination is not confirmed, the Commission shall send another nomination.]
[(13) The Committee shall send the name of the nominee confirmed by it or deemed to have been
confirmed to the Prime Minister who shall forward the same to the President for appointment.]
(14) No action or decision taken by the Commission or a Committee shall be invalid or called in question
only on the ground of the existence of a vacancy therein or of the absence of any member from any
meeting thereof.
[(15) The meetings of the Committee shall be held in camera and the record of its proceedings shall be
maintained.
(16) The provisions of Article 68 shall not apply to the proceedings of the Committee.]
1[(17)] The Committee may make rules for regulating its procedure.
Article 176 Constitution of Supreme Court
The Supreme Court shall consist of a Chief Justice to be known as the Chief Justice of Pakistan and so
many other Judges as may be determined by Act of 2[Majlis-e-Shoora (Parliament)] or, until so
determined, as may be fixed by the President.
Article 177 Appointment of Supreme Court Judge
[(1) The Chief Justice of Pakistan and each of the other Judges of the Supreme Court shall be appointed
by the President in accordance with Article 175A.].
(2) A person shall not be appointed a Judge of the Supreme Court unless he is a citizen of Pakistan and—
(a) has for a period of, or for periods aggregating, not less than five years been a judge of a High Court
(including a High Court which existed in Pakistan at any time before the
commencing day); or
(b) has for a period of, or for periods aggregating, not less than fifteen years been an advocate of a High
Court (including a High Court which existed in Pakistan at any time before the commencing day).
Article 178 Oath of Office
Before entering upon office, the Chief Justice of Pakistan shall make before the President, and any other
Judge of the Supreme Court shall make before the Chief Justice, oath in the form set out in the Third
Schedule.
Article 179 Retiring age
A Judge of the Supreme Court shall hold office until he attains the age of sixty-five years, unless he
sooner resigns or is removed from office in accordance with the Constitution
Article 180 Acting Chief Justice
At any time when—
(a) the office of Chief Justice of Pakistan is vacant; or
(b) the Chief Justice of Pakistan is absent or is unable to perform the functions of his office due to any
other cause, the President shall appoint 2[the most senior of the other Judges of the Supreme Court] to
act as Chief Justice of Pakistan
Article 181 Acting Judges
(1) At any time when—
(a) the office of a Judge of the Supreme Court is vacant ; or
(b) a Judge of the Supreme Court is absent or is unable to perform the functions of his office due to any
other cause, the President may, in the manner provided in clause (1) of Article 177, appoint a Judge of a
High Court who is qualified for appointment as a Judge of the Supreme Court to act temporarily as a
Judge of the Supreme Court.
3[Explanation.—In this clause, ‘Judge of a High Court’ includes a person who has retired as a Judge of a
High Court.]
(2) An appointment under this Article shall continue in force until it is revoked by the President.
Article 182 Appointment of ad-hoc Judges
If at any time it is not possible for want of quorum of Judges of the Supreme Court to hold or continue
any sitting of the Court, or for any other reason it is necessary to increase temporarily the number of
Judges of the Supreme Court, the Chief Justice of Pakistan 1[, in Consultation with the Judicial
Commission as provided in clause (2) of Article 175A,]
may, in writing,—
(a) with the approval of the President, request any person who has held the office of a Judge of that
Court and since whose ceasing to hold that office three years have not elapsed ; or
(b) with the approval of the President and with the consent of the Chief Justice of a High Court, require a
Judge of that Court qualified for appointment as a judge of the Supreme Court, to attend sittings of the
Supreme Court as an ad hoc Judge for such period as may be necessary and while so attending an ad hoc
Judge shall have the same power and jurisdiction as a Judge of the Supreme Court
Article 183 Seat of the Supreme Court
(1) The permanent seat of the Supreme Court shall, subject to clause (3), be at Islamabad.
(2) The Supreme Court may from time to time sit in such other places as the Chief Justice of Pakistan,
with the approval of the President, may appoint.
(3) Until provision is made for establishing the Supreme Court at Islamabad, the seat of the Court shall
be at such place as the President may 2appoint.
Article 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 judgements 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 1 of Part II is involved, have the power to make an order of the nature mentioned
in the said Article.
Article 185 Appellate jurisdiction of Supreme Court
(1) Subject to this Article, the Supreme Court shall have jurisdiction to hear and determine appeals from
judgements, decrees, final orders or sentences of a High Court.
(2) An appeal shall lie to the Supreme Court from any judgement, decree, final order or sentence of a
High Court—
(a) if the High Court has on appeal reversed an order of acquittal of an accused person and sentenced
him to death or to transportation for life or imprisonment for life ; or, on revision, has enhanced a
sentence to a sentence as aforesaid; or
(b) if the High Court has withdrawn for trial before itself any case from any court subordinate to it and
has in such trial convicted the accused person and sentenced him as aforesaid ; or
(c) if the High Court has imposed any punishment on any person for contempt of the High Court; or
(d) if the amount or value of the subject-matter of the dispute in the court of first instance was, and also
in dispute in appeal is, not less than fifty thousand rupees or such other sum as may be specified in that
behalf by Act of 1[Majlis-e-Shoora (Parliament)] and the judgment, decree or final order appealed from
has varied or set aside the judgment, decree or final order of the court immediately below ; or
(e) if the judgment, decree or final order involves directly or indirectly some claim or question respecting
property of the like amount or value and the judgment, decree or final order appealed from has varied
or set aside the judgment, decree or final order of the court immediately below; or
(f) if the High Court certifies that the case involves a substantial question of law as to the interpretation
of the Constitution.
(3) An appeal to the Supreme Court from a judgment decree, order or sentence of a High Court in a case
to which clause (2) does not apply shall lie only if the Supreme Court grants leave to appeal.
Article 186 Advisory Jurisdiction
(1) If, at any time, the President considers that it is desirable to obtain the opinion of the Supreme Court
on any question of law which he considers of public importance, he may refer the question to the
Supreme Court for consideration.
(2) The Supreme Court shall consider a question so referred and report its opinion on the question to the
President.
Article 186 A Power of Supreme Court to transfer cases
The Supreme Court may, if it considers it expedient to do so in the interest of justice, transfer any case,
appeal or other proceedings pending before any High Court to any other High Court.
Article 187 Issue and execution of processes of Supreme Court
(1) 2[Subject to clause (2) of Article 175, the] Supreme Court shall have power to issue such directions,
orders or decrees as may be necessary for doing complete justice in any case or matter pending before it,
including an order for the purpose of securing the attendance of any person or the discovery or
production of any document.
(2) Any such direction, order or decree shall be enforceable throughout Pakistan and shall, where it is to
be executed in a Province, or a territory or an area not forming part of a Province but within the
jurisdiction of the High Court of the Province, be executed as if it had been issued by the High Court of
that Province.
(3) If a question arises as to which High Court shall give effect to a direction, order or decree of the
Supreme Court, the decision of the Supreme Court on the question shall be final.
Article 188 Review of judgments of orders by the Supreme Court
The Supreme Court shall have power, subject to the provisions of any Act of 1[Majlis-e-Shoora
(Parliament)] and of any rules made by the Supreme Court, to review any judgment pronounced or any
order made by it.
Article 189 Decisions of Supreme Court binding on other Courts
Any decision of the Supreme Court shall, to the extent that it decides a question of law or is based upon
or enunciates a principle of law, be binding on all other courts in Pakistan.
Article 190 Action in aid of Supreme Court
All executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court.
Article 191 Rules of procedure
Subject to the Constitution and law, the Supreme Court may make rules regulating the practice and
procedure of the Court.
(2) If the Court decides that any law or provision of law is repugnant to the Injunctions of Islam, it shall
set out in its decision :—
(a) the reasons for its holding that opinion; and
(b) the extent to which such law or provision is so repugnant; and specify the day on which the decision
shall take effect 1[:]
2[Provided that no such decision shall be deemed to take effect
before the expiration of the period within which an appeal therefrom may be preferred to the Supreme
Court or, where an appeal has been so preferred, before the disposal of such appeal.]
(3) If any law or provision of law is held by the Court to be repugnant to the Injunctions of Islam,—
(a) the President in the case of a law with respect to a matter in the Federal Legislative List 3* * * or the
Governor in the case of a law with respect to a matter not enumerated in 4[said List] shall take steps to
amend the law so as to bring such law or provision into conformity with the Injunctions
of Islam; and
(b) such law or provision shall, to the extent to which it is held to be so repugnant, cease to have effect
on the day on which the decision of the Court takes effect.
Article 203 DD Revisional and other jurisdiction of the Court
(1) The Court may call for and examine the record of any case decided by any criminal court under any
law relating to the enforcement of Hudood for the purpose of satisfying itself as to the correctness,
legality or propriety of any finding, sentence or order recorded or passed by, and as to the regularity of
any proceedings of, such court and may, when calling for such record, direct that the execution of any
sentence be suspended and, if the accused is in confinement, that he be released on bail or on his
own bond pending the examination of the record.
(2) In any case the record of which has been called for by the Court, the Court may pass such order as it
may deem fit and may enhance the sentence:
Provided that nothing in this Article shall be deemed to authorize the Court to convert a finding of
acquittal into one of conviction and no order under this Article shall be made to the prejudice of the
accused unless he has had an opportunity of being heard in his own defence.
(3) The Court shall have such other jurisdiction as may be conferred on it by or under any law.
Article 203 E Powers and procedure of the Court
(1) For the purposes of the performance of its functions, the
Court shall have the powers of a Civil Court trying a suit under the Code of Civil Procedure, 1908 (Act V of
1908), in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits; and
(d) issuing commissions for the examination of witnesses or documents.
(2) The Court shall have power to conduct its proceedings and regulate its procedure in all respects as it
deems fit.
(3) The Court shall have the power of a High Court to punish its own contempt.
(4) A party to any proceedings before the Court under clause
(1) of Article 203D may be represented by a legal practitioner who is a Muslim and has been enrolled as
an advocate of a High Court for a period of not less than five years or as an advocate of the Supreme
Court or by a jurisconsult selected by the party from out of a panel of jurisconsults maintained by the
Court for the purpose.
(5) For being eligible to have his name borne on the panel of jurisconsults referred to in clause (4), a
person shall be an aalim who, in the opinion of the Court, is well-versed in Shariat.
(6) A legal practitioner or jurisconsult representing a party before the Court shall not plead for the party
but shall state, expound and interpret the Injunctions of Islam relevant to the proceedings so far as may
be known to him and submit to the Court a written statement of his interpretation of such Injunctions of
Islam.
(7) The Court may invite any person in Pakistan or abroad whom the Court considers to be well-versed in
Islamic law to appear before it and render such assistance as may be required of him.
(8) No court fee shall be payable in respect of any petition or application made to the Court under
1[Article 203D.]
2[(9) The Court shall have power to review any decision given or order made by it.]
Article 203 F Appeal to Supreme Court
(1) Any party to any proceedings before the Court under Article 203D aggrieved by the final decision of
the Court in such proceedings may, within sixty days of such decision, prefer an appeal to the Supreme
Court [:]3
4[Provided that an appeal on behalf of the Federation or of a Province may be preferred within six
months of such decision.]
(2) The provisions of clauses (2) and (3) of Article 203D and clauses (4) to (8) of Article 203E shall apply to
and in relation to the Supreme Court as if reference in those provisions to Court were a reference to the
Supreme Court.
5[(2A) An appeal shall lie to the Supreme Court from any judgment, final order or sentence of the
Federal Shariat Court—
(a) if the Federal Shariat Court has on appeal reversed an order of acquittal of an accused person and
sentenced him to death or imprisonment for life or imprisonment for a term exceeding fourteen years;
or, on revision, has enhanced a sentence as aforesaid; or
(b) if the Federal Shariat Court has imposed any punishment on any person for contempt of the Court
(2B) An appeal to the Supreme Court from a judgment, decision, order or sentence of the Federal Shariat
Court in a case to which the preceding clauses do not apply shall lie only if the Supreme Court grants
leave to appeal.]
1[(3) For the purpose of the exercise of the jurisdiction conferred by this Article, there shall be
constituted in the Supreme Court a Bench to be called the Shariat Appellate Bench and consisting of—
(a) three Muslim Judges of the Supreme Court; and
(b) not more than two Ulema to be appointed by the President to attend sittings of the Bench as ad hoc
members thereof from amongst the Judges of the Federal Shariat Court or from out of a panel of Ulema
to be drawn up by the President in consultation with the Chief Justice.
(4) A person appointed under paragraph (b) of clause (3) shall hold office for such period as the President
may determine.
(5) Reference in clauses (1) and (2) to "Supreme Court" shall be construed as a reference to the Shariat
Appellate Bench.
(6) While attending sittings of the Shariat Appellate Bench, a person appointed under paragraph (b) of
clause (3) shall have the same power and jurisdiction, and be entitled to the same privileges, as a Judge
of the Supreme Court and be paid such allowances as the President may determine.]
Article 203 G Bar of jurisdiction
Save as provided in Article 203F, no court or tribunal, including the Supreme Court and a High Court,
shall entertain any proceedings or exercise any power or jurisdiction in respect of any matter within the
power or jurisdiction of the Court.
Article 203 GG Decision of Court binding on High Court and courts subordinate to it
Subject to Articles 203D and 203F, any decision of the Court in the exercise of its jurisdiction under this
Chapter shall be binding on a High Court and on all courts subordinate to a High Court
Article 203 H Pending proceedings to continue, etc.
(1) Subject to clause (2) nothing in this Chapter shall be deemed to require any proceedings pending in
any court or tribunal immediately before the commencement of this Chapter or initiated after such
commencement, to be adjourned or stayed by reason only of a petition having been made to the Court
for a decision as to whether or not a law or provision of law relevant to the decision of the point in issue
in such proceedings is repugnant to the Injunctions of Islam; and all such proceedings shall continue, and
the point in issue therein shall be decided, in accordance with the law for the time being in force.
(2) All proceedings under clause (1) of Article 203B of the Constitution that may be pending before any
High Court immediately before the commencement of this Chapter shall stand transferred to the Court
and shall be dealt with by the Court from the stage from which they are so transferred.
(3) Neither the Court nor the Supreme Court shall in the exercise of its jurisdiction under this Chapter
have power to grant an injunction or make any interim order in relation to any proceedings pending in
any other court or tribunal.
Article 203 I Administrative arrangements, etc.,] Omitted by the Constitution (Second Amdt.) Order, 1982, (P.O. No. 5
of 1982), Art. 8.
Article 203 J Power to make rules
(1) The Court may, by notification in the official Gazette, make rules for carrying out the purposes of this
Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may make
provision in respect of all or any of the following matters, namely :—
(a) the scale of payment of honoraria to be made to jurisconsults, experts and witnesses summoned by
the Court to defray the expenses, if any, incurred by them in attending for the purposes of the
proceedings before the Court; *1
(b) the form of oath to be made by a Jurisconsult, expert or witness appearing before the Court 2[ ; ]
[(c) the powers and functions of the Court being exercised or performed by Benches consisting of one or
more members constituted by the Chairman;
(d) the decision of the Court being expressed in terms of the opinion of the majority of its members or,
as the case may be, of the members constituting a Bench; and
(e) the decision of cases in which the members constituting a Bench are equally divided in their opinion.]
(3) Until rules are made under clause (1), the Shariat Benches of Superior Courts Rules, 1979, shall, with
the necessary modifications and so far as they are not inconsistent with the provisions of this Chapter,
continue in force.]