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Law Gat

The Constitution of Pakistan, enacted on April 10, 1973, establishes the country as a Federal Republic and recognizes Islam as the state religion. It outlines fundamental rights for citizens, including the right to life, liberty, fair trial, and freedom of speech, while also detailing the responsibilities of citizens towards the state. The document emphasizes the protection of individual rights and the prohibition of exploitation, slavery, and forced labor.

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0% found this document useful (0 votes)
18 views35 pages

Law Gat

The Constitution of Pakistan, enacted on April 10, 1973, establishes the country as a Federal Republic and recognizes Islam as the state religion. It outlines fundamental rights for citizens, including the right to life, liberty, fair trial, and freedom of speech, while also detailing the responsibilities of citizens towards the state. The document emphasizes the protection of individual rights and the prohibition of exploitation, slavery, and forced labor.

Uploaded by

ayesha.vaneeza
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Constitution of Pakistan

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 I.— In this Article, "the appropriate Review Board"means,


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

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

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

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

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

Provided that this clause shall not apply to any person who is employed by, or works for, or acts on
instructions received from, the enemy 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.

Constitution of Pakistan – Majlis-e-Shoora Parliament


Article 50 to Article 69
Article 50 There shall be a Majlis-e-Shoora (Parliament) of Pakistan consisting of the President and two Houses to
be known respectively as the National Assembly and the Senate.
Bi-cameral Parliament
Lower House: National Assembly
Upper House: Senate
Head of State: President
Article 51 (1) There shall be 342 (check if 336) seats for members in the National Assembly, including seats
reserved for women and non-Muslims.

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


(a) he is a citizen of Pakistan;
(b) he is not less than eighteen years of age;
(c) his name appears on the electoral roll; and
(d) he is not declared by a competent court to be unsound mind.

[(3) The seats in the National Assembly referred to in clause


(1), except the seats mentioned in clause (4), shall be allocated to each Province and the Federal Capital
as under:—

FATA has ZERO seats for women.

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.]

(6) For the purpose of election to the National Assembly,—


(a) the constituencies for the general seats shall be single member territorial constituencies and the
members to fill such seats shall be elected by direct and free vote in accordance with law;
(b) each Province shall be a single constituency for all seats reserved for women which are allocated to
the respective Provinces under clause (3);
(c) the constituency for all seats reserved for non-Muslims shall be the whole country;
(d) members to the seats reserved for women which are allocated to a Province under clause (3) 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 secured by each political
party from the Province concerned 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; 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].

Article 64 Vacation of seats


(1) A member of 2[Majlis-e-Shoora (Parliament)] may, by writing under his hand addressed to the
Speaker or, as the case may be, the Chairman resign his seat, and thereupon his seat shall become
vacant.
(2) A House may declare the seat of a member vacant if, without leave of the House, he remains absent
for forty consecutive days of its sittings.
Article 65 Oath of Members
A person elected to a House shall not sit or vote until he has made before the House oath in the form set
out in the Third Schedule.
Article 66 Privileges of members, etc.
(1) Subject to the Constitution and to the rules of procedure of 2[Majlis-e-Shoora (Parliament)], there
shall be freedom of speech in 2[Majlis-e-Shoora (Parliament)] and no member shall be liable to any
proceedings in any court in respect of anything said or any vote given by him in 2[Majlis-e-Shoora
(Parliament)], and no person shall be so liable in respect of the publication by or under the authority of
2[Majlis-e-Shoora (Parliament)] of any report, paper, votes or proceedings.
(2) In other respects, the powers, immunities and privileges of
2[Majlis-e-Shoora (Parliament)], and the immunities and privileges of the members of 2[Majlis-e-Shoora
(Parliament)], shall be such as may from time to time be defined by law and, until so defined, shall be
such as were, immediately before the commencing day, enjoyed by the National Assembly of Pakistan
and the committees thereof and its members.
(3) Provision may be made by law for the punishment, by a House, of persons who refuse to give
evidence or produce documents before a committee of the House when duly required by the chairman
of the committee so to do :

Provided that any such law—


(a) may empower a court to punish a person who refuses to give evidence or produce documents; and
(b) shall have effect subject to such Order for safeguarding confidential matters from disclosure as may
be made by the President.
(4) The provisions of this Article shall apply to persons who have the right to speak in, and otherwise to
take part in the proceedings of, 1[Majlis-e-Shoora (Parliament)] as they apply to members.
(5) In this Article. 1[Majlis-e-Shoora (Parliament)] means either House or a joint sitting, or a committee
thereof.
Article 67 Rules of procedure, etc.
(1) Subject to the Constitution, a House may make 2rules for regulating its procedure and the conduct of
its business, and shall have power to act notwithstanding any vacancy in the membership thereof, and
any proceedings in the House shall not be invalid on the ground that some persons who were not
entitled to do so sat, voted or otherwise took part in the proceedings.
(2) Until rules are made under clause (1), the procedure and conduct of business in a House shall be
regulated by the rules of procedure made by the President.
Article 68 Restriction on discussion in Majlis-e-Shoora (Parliament)
No discussion shall take place in 1[Majlis-e-Shoora (Parliament)] with respect to the conduct of any
Judge of the Supreme Court or of a High Court in the discharge of his duties
Article 69 Courts not to inquire into proceedings of Majlis-e-Shoora (Parliament)
(1) The validity of any proceedings in 1[Majlis-e-Shoora (Parliament)] shall not be called in question on
the ground of any irregularity of procedure.
(2) No officer or member of 1[Majlis-e-Shoora Parliament)] in whom powers are vested by or under the
Constitution for regulating procedure or the conduct of business, or for maintaining order in 1[Majlis- e-
Shoora (Parliament)], shall be subject to the jurisdiction of any court in respect of the exercise by him of
those powers.
(3) In this Article, 1[Majlis-e-Shoora (Parliament)] has the same meaning as in Article 66.

Constitution of Pakistan – Legislative Procedure


Article 70 to Article 89
Article 70 Introduction and passing of Bills
(1) A Bill with respect to any matter in the Federal Legislative List may originate in either House and
shall, if it is passed by the House in which it originated, be transmitted to the other House; and, if the Bill
is passed without amendment by the other House also, it shall be presented to the President for assent.
(2) If a Bill transmitted to a House under clause (1) is passed with amendments it shall be sent back to
the House in which it originated and if that House passes the Bill with those amendments it shall be
presented to the President for assent.
(3) If a Bill transmitted to a House under clause (1) is rejected or is not passed within ninety days of its
laying in the House or a Bill sent to a House under clause (2) with amendments is not passed by that
House with such amendments, the Bill, at the request of the House in which it originated, shall be
considered in a joint sitting and if passed by the votes of the majority of the members present and voting
in the joint sitting it shall be presented to the President for assent.
(4) In this Article and the succeeding provisions of the Constitution, "Federal Legislative List" means the
Federal Legislative List in the Fourth Schedule.]
Article 71 Mediation Committee
[Mediation Committee] omitted by the Constitution (Eighteenth
Amdt.) Act, 2010 (10 of 2010), s. 24 as amended by various enactments
Article 72 Procedure at joint sitting
(1) The President, after consultation with the Speaker of the National Assembly and the Chairman, may
make 1rules as to the procedure with respect to the joint sittings of, and communications between, the
two Houses.
(2) At a joint sitting, the Speaker of the National Assembly or, in his absence, such person as may be
determined by the rules made under clause (1), shall preside.
(3) The rules made under clause (1) shall be laid before a joint sitting and may be added to, varied,
amended or replaced at a joint sitting.
(4) Subject to the Constitution, all decisions at a joint sitting shall be taken by the votes of the majority of
the members present and voting.
Article 73 Procedure with respect to Money Bills
[(1) Notwithstanding anything contained in Article 70, a Money Bill shall originate in the National
Assembly: Provided that simultaneously when a Money Bill, including the Finance Bill containing the
Annual Budget Statement, is presented in the National Assembly, a copy thereof shall be transmitted to
the Senate which may, within fourteen days, make recommendations thereon to the
National Assembly.]
(1A) The National Assembly shall, consider the recommendations of the Senate and after the Bill has
been passed by the Assembly with or without incorporating the recommendations of the
Senate, it shall he presented to the President for assent.]
1* * * * * * * *
(2) For the purposes of this Chapter, a Bill or amendment shall be deemed to be a Money Bill if it
contains provisions dealing with all or any of the following matters, namely: —
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the borrowing of money, or the giving of any guarantee, by the Federal Government, or the
amendment of the law relating to the financial obligations of that Government;
(c) the custody of the Federal Consolidated Fund, the payment of moneys into, or the issue of moneys
from, that Fund;
(d) the imposition of a charge upon the Federal Consolidated Fund, or the abolition or alteration of any
such charge;
(e) the receipt of moneys on account of the Public Account of the Federation, the custody or issue of
such moneys;
(f) the audit of the accounts of the Federal Government or a Provincial Government; and
(g) any matter incidental to any of the matters specified in the preceding paragraphs.
(3) A Bill shall not be deemed to be a Money Bill by reason
only that it provides—
(a) for the imposition or alteration of any fine or other pecuniary penalty, or for the demand or payment
of a licence fee or a fee or charge for any service rendered; or
(b) for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or
body for local purposes.
(4) If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the National
Assembly thereon shall be final.
(5) Every Money Bill presented to the President for assent shall bear a certificate under the hand of the
Speaker of the National Assembly that it is a Money Bill, and such certificate shall be conclusive for all
purposes and shall not be called in question.
Article 74 Federal Government’s consent required for financial measures
A Money Bill, or a Bill or amendment which if enacted and brought into operation would involve
expenditure from the Federal Consolidated Fund or withdrawal from the Public Account of the
Federation or affect the coinage or currency of Pakistan or the constitution or functions of the State Bank
of Pakistan shall not be introduced or moved in 1[Majlis-e-Shoora (Parliament)] except by or with the
consent of the Federal Government.
Article 75 President’s assent to Bills
(1) When a Bill is presented to the President for assent, the President shall, within 3[ten] (check if 30)
days,—
(a) assent to the Bill; or
(b) in the case of a Bill other than a Money Bill, return the Bill to the Majlis-e-Shoora (Parliament) with a
message requesting that the Bill or any specified provision thereof, be reconsidered and that any
amendment specified in the message be considered.
(2) When the President has returned a Bill to the Majlis-e- Shoora (Parliament), it shall be reconsidered
by the Majlis-e-Shoora (Parliament) in joint sitting and, if it is again passed, with or without amendment,
by the Majlis-e-Shoora (Parliament), by the votes of the majority of the members of both Houses present
and voting, it shall be deemed for the purposes of the Constitution to have been passed by both Houses
and shall be presented to the President, and the President shall give his assent within ten days, failing
which such assent shall be deemed to have been given.
(3) When the President has assented 5[or is deemed to have assented] to a Bill, it shall become law and
be called an Act of Majlis-e- Shoora (Parliament).
(4) No Act of Majlis-e-Shoora (Parliament), and no provision in any such Act, shall be invalid by reason
only that some recommendation, previous sanction or consent required by the Constitution was not
given if that Act was assented to in accordance with the Constitution.
Article 76 Bill not to lapse on prorogation, etc.
(1) A Bill pending in either House shall not lapse by reason of the prorogation of the House.
(2) A Bill pending in the Senate which has not been passed by the National Assembly shall not lapse on
the dissolution of the National Assembly.
(3) A Bill pending in the National Assembly, or a Bill which having been passed by the National Assembly
is pending in the Senate, shall lapse on the dissolution of the National Assembly.
Article 77 Tax to be levied by law only
No tax shall be levied for the purposes of the Federation except by or under the authority of Act of
1[Majlis-e-Shoora (Parliament)].
Article 78 Federal Consolidated Fund and Public Account
(1) All revenues received by the Federal Government, all loans raised by that Government, and all
moneys received by it in repayment of any loan, shall form part of a consolidated fund, to be known as
the Federal Consolidated Fund.
(2) All other moneys—
(a) received by or on behalf of the Federal Government; or
(b) received by or deposited with the Supreme Court or any
other court established under the authority of the Federation; shall be credited to the Public Account of
the Federation.
Article 79 Custody, etc., of Federal Consolidated Fund and Public Account
The custody of the Federal Consolidated Fund, the payment of moneys into that Fund, the withdrawal of
moneys therefrom, the custody of other moneys received by or on behalf of the Federal Government,
their payment into, and withdrawal from, the Public Account of the Federation, and all matters
connected with or ancillary to the matters aforesaid shall be regulated by Act of 1[Majlis-e-Shoora
(Parliament)] or, until provision in that behalf is so made, by rules made by the President.
Article 80 Annual Budget Statement
(1) The Federal Government shall, in respect of every financial year, cause to be laid before the National
Assembly a statement of the estimated receipt and expenditure of the Federal Government for that year,
in this Part, referred to as the Annual Budget Statement.
(2) The Annual Budget Statement shall show separately—
(a) the sums required to meet expenditure described by the Constitution as expenditure charged upon
the Federal Consolidated Fund; and
(b) the sums required to meet other expenditure proposed to be made from the Federal Consolidated
Fund; and shall distinguish expenditure on revenue account from other expenditure.
Article 81 Expenditure charged upon Federal Consolidated Fund
The following expenditure shall be expenditure charged upon the
Federal Consolidated Fund: —
(a) the remuneration payable to the President and other expenditure relating to his office, and the
remuneration payable to-
(i) the Judges of the Supreme Court 2[and the Islamabad High Court];
(ii) the Chief Election Commissioner;
(iii) the Chairman and the Deputy Chairman;
(iv) the Speaker and the Deputy Speaker of the National
Assembly;
(v) the Auditor-General;
1[(b) the administrative expenses, including the remuneration payable to officers and 2[staff], of the
Supreme Court, the Islamabad High Court, the department of the Auditor-General, the Office of the
Chief Election Commissioner and of the Election Commission and the Secretariats of the
Senate and the National Assembly;]
(c) all debt charges for which the Federal Government is liable, including interest, sinking fund charges,
the repayment or amortisation of capital, and other expenditure in connection with the raising of loans,
and the service and redemption of debt on the security of the Federal Consolidated Fund;
(d) any sums required to satisfy any judgement, decree or award against Pakistan by any court or
tribunal; and
(e) any other sums declared by the Constitution or by Act of 3[Majlis-e-Shoora (Parliament)] to be so
charged
Article 82 Procedure relating to Annual Budget Statement
(1) So much of the Annual Budget Statement as relates to expenditure charged upon the Federal
Consolidated Fund may be discussed in, but shall not be submitted to the vote of, the National Assembly.
(2) So much of the Annual Budget Statement as relates to other expenditure shall be submitted to the
National Assembly in the form of demands for grants, and the Assembly shall have power to assent to, or
to refuse to assent to, any demand, or to assent to any demand subject to a reduction of the amount
specified therein:

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.

Article 88 Finance Committees


(1) The expenditure of the National Assembly and the Senate within authorised appropriations shall be
controlled by the National Assembly or, as the case may be, the Senate acting on the advice of its
Finance Committee.
(2) The Finance Committee shall consist of the Speaker or, as the case may be, the Chairman, the
Minister of Finance and such other members as may be elected thereto by the National Assembly or, as
the case may be, the Senate.
(3) The Finance Committee may make rules1 for regulating its procedure.
Article 89 Power of President to promulgate Ordinances
(1) The President may, except when the 2[Senate or] National Assembly is in session, if satisfied that
circumstances exist which render it necessary to take immediate action, make and promulgate an
Ordinance as the circumstances may require.
(2) An Ordinance promulgated under this Article shall have the same force and effect as an Act of
3[Majlis-e-Shoora (Parliament)] and shall be subject to like restrictions as the power of 3[Majlis-e-Shoora
(Parliament)] to make law, but every such Ordinance—
(a) shall be laid—
(i) before the National Assembly if it 4[contains provisions dealing with all or any of the matters
specified in clause (2) of Article 73], and shall stand repealed at the expiration of 5[one hundred and
twenty days] from its promulgation or, if before the expiration of that period a resolution disapproving it
is passed by the Assembly, upon the passing of that resolution 6[:]

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.]

Constitution of Pakistan – Judicature


Article 175 to Article 191
Article 175 Establishment and jurisdiction of courts
(1) There shall be a Supreme Court of Pakistan, a High Court for each Province 1[and a High Court for the
Islamabad Capital Territory] and such other courts as may be established by law.
2[Explanation.— The word “High Court” wherever occurring in the Constitution shall include the High
Court for the Islamabad Capital Territory.]
(2) No court shall have any jurisdiction save as is or may be conferred on it by the Constitution or by or
under any law.
(3) The Judiciary shall be separated progressively from the Executive within 3[fourteen] years from the
commencing day 5[:]
4[* * * * * * * * *]
5[“Provided that the provisions of this Article shall have no application to the trial of persons under any
of the Acts mentioned at Serial No. 6 and 7 of sub-part III of Part I of the First Schedule, who claim, or are
known, to belong to any terrorist group or organization misusing the name of religion or a sect.
Explanation.— In this proviso the expression “sect” means a sect of religion and does not include any
religious or political party regulated under the Political Parties Order, 2002.”.]
Article 175 A Appointment of Judges to the Supreme Court, High Courts and the Federal Shariat Court
(1) There shall be a Judicial Commission of Pakistan, hereinafter in this Article referred to as the
Commission, for appointment of Judges of the Supreme Court, High Courts and the Federal Shariat
Court, as hereinafter provided.

(2) For appointment of Judges of the Supreme Court, the


Commission shall consist of—
(i) Chief Justice of Pakistan; Chairman
(ii) 1[four] most senior Judges of the Supreme Members
Court;
(iii) a former Chief Justice or a former Judge Member of the Supreme Court of Pakistan to be
nominated by the Chief Justice of Pakistan, in consultation with the 5[four] member Judges, for a term of
two years;
(iv) Federal Minister for Law and Justice; Member
(v) Attorney-General for Pakistan; and Member
(vi) a Senior Advocate of the Supreme Court Member of Pakistan nominated by the Pakistan Bar Council
for a term of two years.

(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.

4) The Commission may make rules regulating its procedure.


(5) For appointment of Judges of a High Court, the
Commission in clause (2) shall also include the following, namely:—
(i) Chief Justice of the High Court to which Member the appointment is being made;
(ii) the most senior Judge of that High Court; Member
(iii) Provincial Minister for Law; and Member 2[(iv) an advocate having not less than fifteen Member
years practice in the High Court to be nominated by the concerned Bar Council for a term of two years:

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)

(6) For appointment of Judges of the Islamabad High Court,


the Commission in clause (2) shall also include the following, namely:—
(i) Chief Justice of the Islamabad High Court; Member
and
(ii) the most senior Judge of that High Court: Member Provided that for initial appointment of the
1[Chief
Justice and the] Judges of the Islamabad High Court, the Chief Justices of the four Provincial High Courts
shall also be members of the Commission:

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.

(11) Secretary, Senate shall act as the Secretary of the Committee.


(12) The Committee on receipt of a nomination from the Commission may confirm the nominee by
majority of its total membership within fourteen days, failing which the nomination shall be deemed to
have been confirmed:

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.

Constitution of Pakistan – High Court


Article 192 to Article 212
Article 192 Constitution of High Court
(1) A High Court shall consist of a Chief Justice and so many other Judges as may be determined by law
or, until so determined, as may be fixed by the President.
2[(2) The Sindh and Balochistan High Court shall cease to function as a common High Court for the
Provinces of Balochistan and Sindh.
(3) The President shall, by 3Order, establish a High Court for each of the Provinces of Balochistan and
Sindh and may make such provision in the Order for the principal seats of the two High Courts, transfer
of the Judges of the common High Court, transfer of cases pending in the common High Court
immediately before the establishment of two High Courts and, generally, for matters consequential or
ancillary to the common High Court ceasing to function and the establishment of the two High Courts as
he may deem fit.
(4) The jurisdiction of a High Court may, by Act of 1[Majlis-e- Shoora (Parliament)], be extended to any
area in Pakistan not forming part of a Province.
Article 193 Appointment of High Court Judges
2[(1) The Chief Justice and each of other Judges of a High Court shall be appointed by the President in
accordance with Article 175A.]
(2) A person shall not be appointed a Judge of a High Court unless he is a citizen of Pakistan, is not less
than 3[forty-five] (check if 40) years of age, and—
(a) he has for a period of, or for periods aggregating, not less than ten years been an advocate of a High
Court (including a High Court which existed in Pakistan at any time before the commencing day); or
(b) he is, and has for a period of not less than ten years been, a member of a civil service prescribed by
law for the purposes of this paragraph, and has, for a period of not less than three years, served as or
exercised the functions of a District Judge in Pakistan; or
(c) he has, for a period of not less than ten years, held a judicial office in Pakistan.
4[Explanation.—In computing the period during which a person has been an advocate of a High Court or
held judicial office, there shall be included any period during which he has held judicial office after he
became an advocate or, as the case may be, the period during which he has been an advocate after
having held judicial office.]
(3) In this Article, "District Judge" means Judge of a principal civil court of original jurisdiction.
Article 194 Oath of Office
Before entering upon office, the Chief Justice of a High Court shall make before the Governor, and any
other Judge of the Court shall make before the Chief Justice, oath in the form set out in the Third
Schedule 1[:]
2[Provided that the Chief Justice of the Islamabad High Court shall make oath before the President and
other Judges of that Court shall make oath before the Chief Justice of the Islamabad High Court.]
Article 195 Retiring age
A Judge of a High Court shall hold office until he attains the age of sixty-two years, unless he sooner
resigns or is removed from office in accordance with the Constitution.
Article 196 Acting Chief Justice
At any time when—
(a) the office of Chief Justice of a High Court is vacant, or
(b) the Chief Justice of a High Court is absent or is unable to perform the functions of his office due to
any other cause, the President shall appoint 4[one of the other Judges of the High Court, or may request
one of the Judges of the Supreme Court], to act as Chief Justice.
Article 197 Additional Judges
At any time when—
(a) the office of a Judge of a High Court is vacant ; or
(b) a Judge of a High Court is absent or is unable to perform the functions of his office due to any other
cause ; or
(c) for any reason it is necessary to increase the number of Judges of a High Court, the President may, in
the manner provided in clause (1) of Article 193, appoint a person qualified for appointment as a Judge
of the High Court to be Additional Judge of the Court for such period as the President may determine,
being a period not exceeding such period, if any, as may be prescribed by law.
Article 198 Seat of the High Court
[(l)] Each High Court in existence immediately before the commencing day shall continue to have its
principal seat at the place where it had such seat before that day.
2[(1A) The High Court for Islamabad Capital Territory shall have its principal seat at Islamabad.]
3[(2) Each High Court and the Judges and divisional courts thereof shall sit at its principal seat and the
seats of its Benches and may hold, at any place within its territorial jurisdiction, circuit courts consisting
of such of the Judges as may be nominated by the Chief Justice.
(3) The Lahore High Court shall have a Bench each at Bahawalpur, Multan and Rawalpindi; the High Court
of Sindh shall have a Bench at Sukkur; the Peshawar High Court shall have a Bench each at Abbottabad
4[, Mingora] and Dera Ismail Khan and the High Court of Balochistan shall have a Bench at Sibi 5[and
Turbat.]
(4) Each of the High Courts may have Benches at such other places as the Governor may determine on
the advice of the Cabinet and in consultation with the Chief Justice of the High Court.
(5) A Bench referred to in clause (3), or established under clause (4), shall consist of such of the Judges of
the High Court as may be nominated by the Chief Justice from time to time for a period of not less than
one year.
(6) The Governor in consultation with the Chief Justice of the High Court shall make rules to provide the
following matters, that is to
say,—
(a) assigning the area in relation to which each Bench shall exercise jurisdiction vested in the High Court;
and
(b) for all incidental, supplemental or consequential matters.]
Article 199 Jurisdiction of High Court
(1) Subject to the Constitution, a High Court may, if it is satisfied that no other adequate remedy is
provided by law,—
(a) on the application of any aggrieved party, make an order—
(i) directing a person performing, within the territorial jurisdiction of the Court, functions in connection
with the affairs of the Federation, a Province or a local authority, to refrain from doing anything he is
not permitted by law to do, or to do anything he is required by law to do; or
(ii) declaring that any act done or proceeding taken within the territorial jurisdiction of the Court by a
person performing functions in connection with the affairs of the Federation, a Province or a local
authority has been done or taken without lawful authority and is of no legal effect; or
(b) on the application of any person, make an order—
(i) directing that a person in custody within the territorial jurisdiction of the Court be brought before it
so that the Court may satisfy itself that he is not being held in custody without lawful authority or in an
unlawful manner; or
(ii) requiring a person within the territorial jurisdiction of the Court holding or purporting to hold a public
office to show under what authority of law he claims to hold that office; or
(c) on the application of any aggrieved person, make an order giving such directions to any person or
authority, including any Government exercising any power or performing any function in, or in relation
to, any territory within the jurisdiction of that Court as may be appropriate for the enforcement of any of
the Fundamental Rights conferred by Chapter 1 of Part II.
(2) Subject to the Constitution, the right to move a High Court for the enforcement of any of the
Fundamental Rights conferred by Chapter 1 of Part II shall not be abridged.
[(3) An order shall not be made under clause (1) on application made by or in relation to a person who is
a member of the Armed Forces of Pakistan, or who is for the time being subject to any law relating to
any of those Forces, in respect of his terms and conditions of service, in respect of any matter arising out
of his service, or in respect of any action taken in relation to him as a member of the Armed Forces of
Pakistan or as a person subject to such law.]
2* * * * * * * * *
(4) Where—
(a) an application is made to a High Court for an order under paragraph (a) or paragraph (c) of clause (1),
and
(b) the making of an interim order would have the effect of prejudicing or interfering with the carrying
out of a public work or of otherwise being harmful to public interest 3[or State property] or of impeding
the assessment or collection of public revenues, the Court shall not make an interim order unless the
prescribed law officer has been given notice of the application and he or any person authorised
by him in that behalf has had an opportunity of being heard and the Court, for reasons to be recorded in
writing, is satisfied that the interim order—
(i) would not have such affect as aforesaid; or
(ii) would have the effect of suspending an order or proceeding which on the face of the record is
without jurisdiction.
4[(4A) An interim order made by a High Court on an application made to it to question the validity or
legal effect of any order made, proceeding taken or act done by any authority or person, which has been
made, taken or done or purports to have been made taken or done under any law which is specified in
Part I of the First Schedule or relates to, or is connected with, State property or assessment or collection
of public revenues shall cease to have effect on the expiration of a period of six months following the day
on which it is made:
Provided that the matter shall be finally decided by the High Court within six months from the date on
which the interim order is made.]
1* * * * * * * * *
(5) In this Article, unless the context otherwise requires,— "person" includes any body politic or
corporate, any authority of or under the control of the Federal Government or of a Provincial
Government, and any Court or tribunal, other than the Supreme Court, a High Court or a Court or
tribunal established under a law relating to the Armed Forces of Pakistan ; and
"prescribed law officer" means—
(a) in relation to an application affecting the Federal Government or an authority of or under the control
of the Federal Government, the Attorney-General, and
(b) in any other case, the Advocate-General for the Province in which the application is made.
Article 200 Transfer of High Court Judges
(1) The President may transfer a Judge of a High Court from one High Court to another High Court, but
no Judge shall be so transferred except with his consent and after consultation by the President with the
Chief Justice of Pakistan and the Chief Justices of both High Courts 2[:]
3* * * * * * * * *
Explanation.—In this Article, "Judge" does not include a Chief Justice 4[but includes a Judge for the time
being acting as Chief Justice of a High Court other than a Judge of the Supreme Court acting as such in
pursuance of a request made under paragraph (b) of Article 196]
[(2) Where a Judge is so transferred or is appointed to an office other than that of Judge at a place other
than the principal seat of the High Court, he shall, during the period for which he serves as a Judge of the
High Court to which he is transferred, or holds such other office, be entitled to such allowances and
privileges, in addition to his salary, as the President may, by Order, determine.
[(3) If at any time it is necessary for any reason to increase temporarily the number of Judges of a High
Court, the Chief Justice of that Court may require a Judge of any other High Court to attend sittings
of the former High Court for such period as may be necessary and, while so attending the sittings of the
High Court, the Judge shall have the same power and jurisdiction as a Judge of that High Court:
Provided that a Judge shall not be so required except with his consent and the approval of the President
and after consultation with the Chief Justice of Pakistan and the Chief Justice of the High Court of which
he is a Judge.]
2[Explanation.— In this Article, "High Court" includes a Bench of a High Court.]
Article 201 Decision of High Court binding on subordinate Courts
Subject to Article 189, any decision of a High 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 courts subordinate to it.
Article 202 Rules of procedure
Subject to the Constitution and law, a High Court may make rules regulating the practice and procedure
of the Court or of any court subordinate to it.
Article 203 High Court to superintend subordinate Courts
Each High Court shall supervise and control all courts subordinate to it.
Article 203 A Provisions of Chapter to override other provisions of Constitution
The provisions of this Chapter shall have effect notwithstanding anything contained in the Constitution.
Article 203 B Definitions
In this Chapter, unless there is anything repugnant in the subject or
context,—
1[(a) "Chief Justice" means Chief Justice of the Court;]
(b) "Court" means the Federal Shariat Court constituted in pursuance of Article 203C ;
2[(bb) "Judge" means Judge of the Court;]
(c) "law" includes any custom or usage having the force of law but does not include the Constitution,
Muslim personal law, any law relating to the procedure of any court or tribunal or, until the expiration of
3[ten] years from the commencement of this Chapter, any fiscal law or any law relating to the levy and
collection of taxes and fees or banking or insurance practice and procedure ; and
Article 203 C The Federal Shariat Court
(1) There shall be constituted for the purposes of this Chapter a Court to be called the Federal Shariat
Court.
5[(2) The Court shall consist of not more than eight Muslim 6[Judges], including the 7[Chief Justice], to
be appointed by the President 8[in accordance with Article 175A].
9[(3) The Chief Justice shall be a person who is, or has been, or is qualified to be, a Judge of the Supreme
Court or who is or has been a permanent Judge of a High Court.
(3A) Of the Judges, not more than four shall be persons each one of whom is, or has been, or is qualified
to be, a Judge of a High Court and not more than three shall be Ulema 1[having at least fifteen years
experience in Islamic law, research or instruction.]
(4) The 2[Chief Justice] and a 3[Judge] shall hold office for a period not exceeding three years, but may
be appointed for such further term or terms as the President may determine:
Provided that a Judge of a High Court shall not be appointed to be a 8[Judge] 4* * * except with his
consent and 5[, except where the Judge is himself the Chief Justice,] after consultation by the President
with the Chief Justice of the High Court.
6[(4A) The 7[Chief Justice], if he is not a Judge of the Supreme Court, and a 8[Judge] who is not a Judge
of a High Court, may, by writing under his hand addressed to the President, resign his office.]
7[(4B) The Chief Justice and a Judge shall not be removed from office except in the like manner and on
the like grounds as a Judge of the Supreme Court.]
8* * * * * * * * *
(6) The principal seat of the Court shall be at Islamabad, but the Court may from time to time sit in such
other places in Pakistan as the 9[Chief Justice] may, with the approval of the President, appoint.
(7) Before entering upon office, the 1[Chief Justice] and a 10[Judge] shall make before the President or a
person nominated by him oath in the form set out in the Third Schedule.
(8) At any time when the 1[Chief Justice] or a 2[Judge] is
absent or is unable to perform the functions of his office, the President shall appoint another person
qualified for the purpose to act as 1[Chief Justice] or, as the case may be, 2[Judge].
[(9) A Chief Justice who is not a Judge of the Supreme Court shall be entitled to the same remuneration,
allowances and privileges as are admissible to a Judge of the Supreme Court and a Judge who is not a
Judge of a High Court shall be entitled to the same remuneration, allowances and privileges as are
admissible to a Judge of a High Court:
Provided that where a Judge is already drawing a pension for any other post in the service of Pakistan,
the amount of such pension shall be deducted from the pension admissible under this clause.]
Article 203 CC Penal of Ulema and Ulema members.] Omitted by the Constitution (Second Amdt.) Order, 1981 (P.O. No.
7 of 1981), Art. 3, which was previously ins. by P.O. No. 5 of 1981, Art. 2
Article 203 D Powers, jurisdiction and functions of the Court
(1) The Court may, 2[either of its own motion or] on the petition of a citizen of Pakistan or the Federal
Government or a Provincial Government, examine and decide the question whether or not any law or
provision of law is repugnant to the Injunctions of Islam, as laid down in the Holy Quran and the Sunnah
of the Holy Prophet, hereinafter referred to as the Injunctions of Islam.
(1A) Where the Court takes up the examination of any law or provision of law under clause (1) and such
law or provision of law appears to it to be repugnant to the Injunctions of Islam, the Court shall cause to
be given to the Federal Government in the case of a law with respect to a matter in the Federal
Legislative List 4* * * or to the Provincial Government in the case of a law with respect to a matter not
enumerated 5[in the Federal Legislative List], a notice specifying the particular provisions that appear to
it to be so repugnant, and afford to such Government adequate opportunity to have its point of view
placed before 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.]

Constitution of Pakistan – General Provisions Relating to the Judicature


Article 204 to Article 212
Article 204 Contempt of Court
(1) In this Article, "Court" means the Supreme Court or a High Court.
(2) A Court shall have power to punish any person who—
(a) abuses, interferes with or obstructs the process of the Court in any way or disobeys any order of the
Court ;
(b) scandalizes the Court or otherwise does anything which tends to bring the Court or a Judge of the
Court into hatred, ridicule or contempt;
(c) does anything which tends to prejudice the determination of a matter pending before the Court; or
(d) does any other thing which, by law, constitutes contempt of the Court.
(3) The exercise of the power conferred on a Court by this Article may be regulated by law and, subject
to law, by rules made by the Court.
Article 205 Remuneration etc., of judges
The remuneration and other terms and conditions of service of a Judge of the Supreme Court or of a
High Court shall be as provided in the Fifth Schedule.
Article 206 Resignation
[(1)] A Judge of the Supreme Court or of a High Court may Resignation. resign his office by writing under
his hand addressed to the President.
2[(2) A Judge of a High Court who does not accept appointment as a Judge of the Supreme Court shall be
deemed to have retired from his office and, on such retirement, shall be entitled to receive a pension
calculated on the basis of the length of his service as Judge and total service, if any, in the service of
Pakistan.]
Article 207 Judge not to hold office of profit, etc.
(1) A Judge of the Supreme Court or of a High Court shall
not—
(a) hold any other office of profit in the service of Pakistan if his remuneration is thereby increased; or
(b) occupy any other position carrying the right to remuneration for the rendering of services.
(2) A person who has held office as a Judge of the Supreme Court or of a High Court shall not hold any
office of profit in the service of Pakistan, not being a judicial or quasi-judicial office or the office of
Chief Election Commissioner or of Chairman or member of a Law Commission or of Chairman or member
of the Council of Islamic Ideology, before the expiration of two years after he has ceased to hold
that office.
(3) A person who has held office as a permanent Judge—
(a) of the Supreme Court, shall not plead or act in any court or before any authority in Pakistan;
(b) of a High Court, shall not plead or act in any court or before any authority within its jurisdiction; and
(c) of the High Court of West Pakistan as it existed immediately before the coming into force of the
Province of West Pakistan (Dissolution) Order, 1970, shall not plead or act in any court or before any
authority within the jurisdiction of the principal seat of that High Court or, as the case may be, the
permanent bench of that High Court to which he was assigned.
Article 208 Officers and servants of Courts
The Supreme Court 1[and the Federal Shariat Court], with the approval of the President and a High
Court, with the approval of the Governor concerned, may make rules providing for the appointment by
the Court of officers and servants of the Court and for their terms and conditions of employment.
Article 209 Supreme Judicial Council
(1) There shall be a Supreme Judicial Council of Pakistan, in this Chapter referred to as the Council.
(2) The Council shall consist of—
(a) the Chief Justice of Pakistan ;
(b) the two next most senior Judges of the Supreme Court; and
(c) the two most senior Chief Justices of High Courts.
Explanation.—For the purpose of this clause, the inter se seniority of the Chief Justices of the High
Courts shall be determined with reference to their dates of appointment as Chief Justice 2[otherwise
than as acting Chief Justice], and in case the dates of such appointment are the same, with reference to
their dates of appointment as Judges of any of the High Courts.
(3) If at any time the Council is inquiring into the capacity or conduct of a Judge who is a member of the
Council, or a member of the Council is absent or is unable to act due to illness or any other cause,
then—
(a) if such member is a Judge of the Supreme Court, the Judge of the Supreme Court who is next in
seniority below the Judges referred to in paragraph (b) of clause (2), and
(b) if such member is the Chief Justice of a High Court, the Chief Justice of another High Court who is
next in seniority amongst the Chief Justices of the remaining High Courts, shall act as a member of the
Council in his place.
(4) If, upon any matter inquired into by the Council, there is a difference of opinion amongst its
members, the opinion of the majority shall prevail, and the report of the Council to the President shall
be expressed in terms of the view of the majority.
1[(5) If, on information from any source, the Council or the President is of the opinion that a Judge of the
Supreme Court or of a High Court—
(a) may be incapable of properly performing the duties of his office by reason of physical or mental
incapacity; or
(b) may have been guilty of misconduct, the President shall direct the Council to, or the Council may, on
its own motion, inquire into the matter.]
(6) If, after inquiring into the matter, the Council reports to the President that it is of the opinion—
(a) that the Judge is incapable of performing the duties of his office or has been guilty of misconduct,
and
(b) that he should be removed from office, the President may remove the Judge from office.
(7) A Judge of the Supreme Court or of a High Court shall not be removed from office except as provided
by this Article.
(8) The Council shall issue a code of conduct to be observed by Judges of the Supreme Court and of the
High Courts.
Article 210 Power of Council to enforce attendance of persons, etc.
(1) For the purpose of inquiring into any matter, the Council shall have the same power as the Supreme
Court has to issue directions or orders for securing the attendance of any person or the discovery or
production of any document; and any such direction or order shall be enforceable as if it had been issued
by the Supreme Court.
(2) The provisions of Article 204 shall apply to the Council as they apply to the Supreme Court and a High
Court.
Article 211 Bar of jurisdiction
The proceedings before the Council, its report to the President and the removal of a Judge under clause
(6) of Article 209 shall not be called in question in any court.
Article 212 Administrative Courts and Tribunals
(1) Notwithstanding anything hereinbefore contained the appropriate Legislature may by Act 1[provide
for the establishment of] one or more Administrative Courts or Tribunals to exercise exclusive
jurisdiction in respect of—
(a) matters relating to the terms and conditions of persons 2[who are or have been] in the service of
Pakistan, including disciplinary matters;
(b) matters relating to claims arising from tortious acts of Government, or any person in the service of
Pakistan, or of any local or other authority empowered by law to levy any tax or cess and any servant of
such authority acting in the discharge of his duties as such servant; or
(c) matters relating to the acquisition, administration and disposal of any property which is deemed to be
enemy property under any law.
(2) Notwithstanding anything hereinbefore contained where any Administrative Court or Tribunal is
established under clause (1), no other court shall grant an injunction, make any order or entertain any
proceedings in respect of any matter to which the jurisdiction of such Administrative Court or Tribunal
extends 3[and all proceedings in respect of any such matter which may be pending before such other
court immediately before the establishment of the Administrative Court or Tribunal 4[ ; other than an
appeal pending before the Supreme Court,] shall abate on such establishment] :
Provided that the provisions of this clause shall not apply to an Administrative Court or Tribunal
established under an Act of a Provincial Assembly unless, at the request of that Assembly made in the
form of a resolution, 1[Majlis-e-Shoora (Parliament)] by law2 extends the provisions to such a Court or
Tribunal.
(3) An appeal to the Supreme Court from a judgment, decree, order or sentence of an Administrative
Court or Tribunal shall lie only if the Supreme Court, being satisfied that the case involves a substantial
question of law of public importance, grants leave to appeal.

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