12 April 1973 · 176 pages
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THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF
PAKISTAN
CONTENTS
PART I
INTRODUCTORY
1. The Republic and its territories
2. Islam to be State religion
2A. The Objectives Resolution to form part of substantive provisions
3. Elimination of exploitation
4. Right of individuals to be dealt with in accordance with law, etc.
5. Loyalty to State and obedience to Constitution and law
6. High treason
PART II
FUNDAMENTAL RIGHTS AND PRINCIPLES OF POLICY
7. Definition of the State
CHAPTER 1.– FUNDAMENTAL RIGHTS
8. Laws inconsistent with or in derogation of Fundamental Rights to be void
9. Security of person
9A. Clean and healthy environment
10. Safeguards as to arrest and detention
10A. Right to fair trial
11. Slavery, forced labour, etc., prohibited
Page 1 of 176
12. Protection against retrospective punishment
13. Protection against double punishment and self-incrimination
14. Inviolability of dignity of man, etc.
15. Freedom of movement, etc.
16. Freedom of assembly
17. Freedom of association
18. Freedom of trade, business or profession
19. Freedom of speech, etc.
19A. Right to information
20. Freedom to profess religion and to manage religious institutions
21. Safeguard against taxation for purposes of any particular religion
22. Safeguards as to educational institutions in respect of religion, etc.
23. Provision as to property
24. Protection of property rights
25. Equality of citizens
25A. Right to education
26. Non-discrimination in respect of access to public places
27. Safeguard against discrimination in services
28. Preservation of language, script and culture
CHAPTER 2.– PRINCIPLES OF POLICY
29. Principles of Policy
30. Responsibility with respect to Principles of Policy
31. Islamic way of life
32. Promotion of local Government institutions
33. Parochial and other similar prejudices to be discouraged
34. Full participation of women in national life
35. Protection of family, etc.
Page 2 of 176
36. Protection of minorities
37. Promotion of social justice and eradication of social evils
38. Promotion of social and economic well-being of the people
39. Participation of people in Armed Forces
40. Strengthening bonds with Muslim world and promoting international peace
PART III
THE FEDERATION OF PAKISTAN
CHAPTER 1.__ THE PRESIDENT
41. The President
42. Oath of President
43. Conditions of President’s office
44. Term of office of President
45. President’s power to grant pardon, etc.
46. President to be kept informed
47. Removal or impeachment of President
48. President to act on advice, etc.
49. Chairman or Speaker to act as, or perform functions of, President
CHAPTER 2.– THE MAJLIS-E-SHOORA (PARLIAMENT)
COMPOSITION, DURATION AND MEETINGS OF MAJLIS-E-SHOORA (PARLIAMENT)
50. Majlis-e-Shoora (Parliament)
51. National Assembly
52. Duration of National Assembly
53. Speaker and Deputy Speaker of National Assembly
54. Summoning and prorogation of Majlis-e-Shoora (Parliament)
55. Voting in Assembly and quorum
56. Address by President
57. Right to speak in Majlis-e-Shoora (Parliament)
58. Dissolution of the National Assembly
Page 3 of 176
59. The Senate
60. Chairman and Deputy Chairman
61. Other provisions relating to Senate
Provisions as to Members of Majlis-e-Shoora (Parliament)
62. Qualifications for membership of Majlis-e-Shoora (Parliament)
63. Disqualifications for membership of Majlis-e-Shoora (Parliament)
63A. Disqualification on grounds of defection, etc.
64. Vacation of seats
65. Oath of members
66. Privileges of members, etc.
Procedure Generally
67. Rules of procedure, etc.
68. Restriction on discussion in Majlis-e-Shoora (Parliament)
69. Courts not to inquire into proceedings of Majlis-e-Shoora (Parliament)
70. Introduction and passing of Bills
71. [Omitted]
72. Procedure at joint sittings
73. Procedure with respect to Money Bills
74. Federal Government’s consent required for financial measures
75. President’s assent to Bills
76. Bill not to lapse on prorogation, etc.
77. Tax to be levied by law only
Financial Procedure
78. Federal Consolidated Fund and Public Account
79. Custody, etc., of Federal Consolidated Fund and Public Account
80. Annual Budget Statement
81. Expenditure charged upon Federal Consolidated Fund
Page 4 of 176
82. Procedure relating to Annual Budget Statement
83. Authentication of schedule of authorised expenditure
84. Supplementary and excess grants
85. Votes on account
86. Power to authorize expenditure when Assembly stands dissolved
87. Secretariats of Majlis-e-Shoora (Parliament)
88. Finance Committees
Ordinances
89. Power of President to promulgate Ordinances
CHAPTER 3.__ THE FEDERAL GOVERNMENT
90. The Federal Government
91. The Cabinet
92. Federal Ministers and Ministers of State
93. Advisers
94. Prime Minister continuing in office
95. Vote of no-confidence against Prime Minister
96. [Omitted]
96A. [Omitted]
97. Extent of executive authority of Federation
98. Conferring of functions on subordinate authorities
99. Conduct of business of Federal Government
100. Attorney-General for Pakistan
PART IV
PROVINCES
CHAPTER 1.__ THE GOVERNORS
101. Appointment of Governor
102. Oath of Office
103. Conditions of Governor’s office
Page 5 of 176
104. Speaker Provincial Assembly to act as, or perform functions of Governor in his absence
105. Governor to act on advice, etc.
CHAPTER 2.__ PROVINCIAL ASSEMBLIES
106. Constitution of Provincial Assemblies
107. Duration of Provincial Assembly
108. Speaker and Deputy Speaker
109. Summoning and prorogation of Provincial Assembly
110. Right of Governor to address Provincial Assembly
111. Right to speak in Provincial Assembly
112. Dissolution of Provincial Assembly
113. Qualifications and disqualifications for membership of Provincial Assembly
114. Restriction on discussion in Provincial Assembly
115. Provincial Government’s consent required for financial measures
116. Governor’s assent to Bills
117. Bill not to lapse on prorogation, etc.
Financial Procedure
118. Provincial Consolidated Fund and Public Account
119. Custody, etc., of Provincial Consolidated Fund and Public Account
120. Annual Budget Statement
121. Expenditure charged upon Provincial Consolidated Fund
122. Procedure relating to Annual Budget Statement
123. Authentication of schedule of authorized expenditure
124. Supplementary and excess grant
125. Votes on account
126. Power to authorize expenditure when Assembly stands dissolved
127. Provisions relating to National Assembly, etc., to apply to Provincial Assembly, etc.
Page 6 of 176
Ordinances
128. Power of Governor to promulgate Ordinances
CHAPTER 3.__ THE PROVINCIAL GOVERNMENTS
129. The Provincial Government
130. The Cabinet
131. Governor to be kept informed
132. Provincial Ministers
133. Chief Minister continuing in office
134. [Omitted]
135. [Omitted]
136. Vote of no-confidence against Chief Minister
137. Extent of executive authority of Province
138. Conferring of functions on subordinate authorities
139. Conduct of business of Provincial Government
140. Advocate General for a Province
140A. Local Government
PART V
RELATIONS BETWEEN FEDERATION AND PROVINCES
CHAPTER 1.__ DISTRIBUTION OF LEGISLATIVE POWERS
141. Extent of Federal and Provincial laws
142. Subject-matter of Federal and Provincial laws
143. Inconsistency between Federal and Provincial law
144. Power of Majlis-e-Shoora (Parliament) to legislate for one or more Provinces by consent
CHAPTER 2.__ ADMINISTRATIVE RELATIONS BETWEEN FEDERATION AND
PROVINCES
145. Power of President to direct Governor to discharge certain functions as his Agent
146. Power of Federation to confer powers, etc., on Provinces, in certain cases
147. Power of the Provinces to entrust functions to the Federation
Page 7 of 176
148. Obligation of Provinces and Federation
149. Directions to Provinces in certain cases
150. Full faith and credit for public acts, etc.
151. Inter-Provincial trade
152. Acquisition of land for Federal purposes
CHAPTER 3.__ SPECIAL PROVISIONS
152A. [Omitted]
153. Council of Common Interests
154. Functions and rules of procedure
155. Complaints as to interference with water supplies
156. National Economic Council
157. Electricity
158. Priority of requirements of natural gas
159. Broadcasting and telecasting
PART VI
FINANCE, PROPERTY, CONTRACTS AND SUITS
CHAPTER 1. – FINANCE DISTRIBUTION OF REVENUES BETWEEN THE FEDERATION
AND THE PROVINCES
160. National Finance Commission
161. Natural gas and hydro-electric power
162. Prior sanction of President required to Bills affecting taxation in which Provinces are interested
163. Provincial taxes in respect of professions, etc.
Miscellaneous Financial Provisions
164. Grants out of Consolidated Fund
165. Exemption of certain public property from taxation
165A. Power of Majlis-e-Shoora (Parliament) to impose tax on the income of certain corporations,
etc.
Page 8 of 176
CHAPTER 2.__ BORROWING AND AUDIT
166. Borrowing by Federal Government
167. Borrowing by Provincial Government
Audit and Accounts
168. Auditor-General of Pakistan
169. Functions and powers of Auditor-General
170. Power of Auditor-General to give directions as to accounts
171. Reports of Auditor-General
CHAPTER 3.__ PROPERTY, CONTRACTS, LIABILITIES AND SUITS
172. Ownerless property
173. Power to acquire property and to make contracts, etc
174. Suits and proceedings
PART VII
THE JUDICATURE
CHAPTER 1.__ THE COURTS
175. Establishment and jurisdiction of courts
175A. Appointment of Judges to the Federal Constitutional Court, the Supreme Court, High Courts
and the Federal Shariat Court
CHAPTER 1A.__ THE FEDERAL CONSTITUTIONAL COURT
175B. Constitution of Federal Constitutional Court
175C. Appointment of Federal Constitutional Court Judges
175D. Oath of Office of the Chief Justice and other Judges of the Federal Constitutional Court
175E. Original jurisdiction of Federal Constitutional Court
175F. Appellate jurisdiction of the Federal Constitutional Court
175G. Review of judgements or orders by the Federal Constitutional Court
175H. Advisory jurisdiction
175I. Retiring age of the Chief Justice and other Judges of the Federal Constitutional Court
175J. Acting Chief Justice of the Federal Constitutional Court
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175K. Acting Judges of the Federal Constitutional Court
175L. Seat of the Federal Constitutional Court
CHAPTER 2.__ THE SUPREME COURT OF PAKISTAN
176. Constitution of Supreme Court
177. Appointment of Supreme Court Judges
178. Oath of Office
179. Retiring age
180. Acting Chief Justice
181. Acting Judges
182. Appointment of ad-hoc Judges
183. Seat of the Supreme Court
184. [Omitted]
185. Appellate jurisdiction of the Supreme Court
186. [Omitted]
186A. [Omitted]
187. Issue and execution of processes of Federal Constitutional Court and Supreme Court
188. Review of judgments or orders by the Supreme Court
189. Decisions of Federal Constitutional Court and Supreme Court binding on other courts
190. Action in aid of Federal Constitutional Court and Supreme Court
191. Rules of procedure
191A. [Omitted]
CHAPTER 3.__ THE HIGH COURTS
192. Constitution of High Court
193. Appointment of High Court Judges
194. Oath of Office
195. Retiring age
196. Acting Chief Justice
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197. Additional Judges
198. Seat of the High Court
199. Jurisdiction of High Court
200. Transfer of High Court Judges
201. Decision of High Court binding on subordinate Courts
202. Rules of procedure
202A. Constitutional Benches of High Courts
203. High Court to superintend subordinate Courts
CHAPTER 3A.– FEDERAL SHARIAT COURT
203A. Provisions of Chapter to override other provisions of Constitution
203B. Definitions
203C. The Federal Shariat Court
203CC.[Omitted]
203D. Powers, jurisdiction and functions of the Court
203DD . Revisional and other jurisdiction of the Court
203E. Powers and procedure of the Court
203F. Appeal to Supreme Court
203G. Bar of jurisdiction
203GG. Decision of Court binding on High Court and courts subordinate to it
203H. Pending proceedings to continue, etc.
203I. [Omitted]
203J. Power to make rules
CHAPTER 4.__ GENERAL PROVISIONS RELATING TO THE JUDICATURE
204. Contempt of Court
205. Remuneration etc., of Judges
206. Resignation
207. Judge not to hold office of profit, etc.
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208. Officers and servants of Courts
209. Supreme Judicial Council
210. Power of Council to enforce attendance of persons, etc.
211. Bar of jurisdiction
212. Administrative Courts and Tribunals
212A. [Omitted]
212B. [Repealed]
PART VIII
ELECTIONS
CHAPTER 1.__ CHIEF ELECTION COMMISSIONER AND ELECTION COMMISSION
213. Chief Election Commissioner
214. Oath of Office
215. Term of office of Commissioner [and members]
216. Commissioner and members not to hold office of profit
217. Acting Commissioner
218. Election Commission
219. Duties of Commission
220. Executive authorities to assist Commission, etc.
221. Officers and staff
CHAPTER 2.__ ELECTORAL LAWS AND CONDUCT OF ELECTIONS
222. Electoral laws
223. Bar against double membership
224. Time of Election and bye-election
224A. Resolution by Committee or Election Commission
225. Election dispute
226. Election by secret ballot
Page 12 of 176
PART IX
ISLAMIC PROVISIONS
227. Provisions relating to the Holy Quran and Sunnah
228. Composition, etc., of Islamic Council
229. Reference by Majlis-e-Shoora (Parliament), etc., to Islamic Council
230. Functions of the Islamic Council
231. Rules of procedure
PART X
EMERGENCY PROVISIONS
232. Proclamation of emergency on account of war, internal disturbance, etc.
233. Power to suspend Fundamental Rights, etc., during emergency period
234. Power to issue Proclamation in case of failure of Constitutional machinery in a Province
235. Proclamation in case of financial emergency
236. Revocation of Proclamation, etc.
237. Majlis-e-Shoora (Parliament) may make laws of indemnity, etc.
PART XI
AMENDMENT OF CONSTITUTION
238. Amendment of Constitution
239. Constitution, amendment Bill
PART XII
MISCELLANEOUS
CHAPTER 1.__ SERVICES
240. Appointments to service of Pakistan and conditions of service
241. Existing rules, etc., to continue
242. Public Service Commission
CHAPTER 2.__ ARMED FORCES
243. Command of Armed Forces
244. Oath of Armed Forces
245. Functions of Armed Forces
Page 13 of 176
CHAPTER 3.__ TRIBAL AREAS
246. Tribal Areas
247. [Omitted]
CHAPTER 4.__ GENERAL
248. Protection to President, Governor, Minister, etc.
249. Legal proceedings
250. Salaries, allowances, etc., of the President, etc.
251. National language
252. Special provisions in relation to major ports and aerodromes
253. Maximum limits as to property, etc.
254. Failure to comply with requirement as to time does not render an act invalid
255. Oath of office
256. Private armies forbidden
257. Provision relating to the State of Jammu and Kashmir
258. Government of territories outside Provinces
259. Awards
CHAPTER 5.__ INTERPRETATION
260. Definitions
261. Person acting in office not to be regarded as successor to previous occupant of office, etc.
262. Gregorian calendar to be used
263. Gender and number
264. Effect of repeal of laws
CHAPTER 6.__ TITLE, COMMENCEMENT AND REPEAL
265. Title of Constitution and commencement
266. Repeal
CHAPTER 7.__ TRANSITIONAL
267. Power of President to remove difficulties
Page 14 of 176
267A. Power to remove difficulties
267B. Removal of doubt
268. Continuance in force, and adaptation of certain laws
269. Validation of law, acts, etc.
270. Temporary validation of certain laws, etc.
270A. Affirmation of President’s Orders, etc.
270AA. Declaration and continuance of laws etc.
270AAA. [Declared Void ab initio]
270B. Elections to be deemed to be held under Constitution
270BB. General Elections 2008
270C. [Omitted]
271. First National Assembly
272. First constitution of Senate
273. First Provincial Assembly
274. Vesting of property, assets, rights, liabilities and obligations
275. Continuance in office of persons in service of Pakistan, etc.
276. Oath of first President
277. Transitional financial provisions
278. Accounts not audited before commencing day
279. Continuance of taxes
280. Continuance of Proclamation of Emergency
ANNEX
SCHEDULES
FIRST SCHEDULE.__ Laws exempted from the operation of Article 8 (1) and (2)
SECOND SCHEDULE.__ Election of President
THIRD SCHEDULE.__ Oaths of Office
FOURTH SCHEDULE.__ Legislative Lists
Page 15 of 176
FIFTH SCHEDULE.__ Remuneration And Terms And Conditions Of Service Of Judges
SIXTH SCHEDULE.__ [Omitted]
SEVENTH SCHEDULE.__ [Omitted]
Page 16 of 176
THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF
PAKISTAN
[12th April, 1973]
(In the name of Allah, the most Beneficent, the most Merciful.)
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;
AND WHEREAS it is the will of the people of Pakistan to establish an order__
WHEREIN the State shall exercise its powers and authority through the chosen representatives
of the people;
WHEREIN the principles of democracy, freedom, equality, tolerance and social justice, as
enunciated by Islam, shall be fully observed;
WHEREIN the Muslims shall be enabled to order their lives in the individual and collective
spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and
Sunnah;
WHEREIN adequate provision shall be made for the minorities freely to profess and practise
their religions and develop their cultures;
WHEREIN the territories now included in or in accession with Pakistan and such other
territories as may hereafter be included in or accede to Pakistan shall form a Federation wherein the
units will be autonomous with such boundaries and limitations on their powers and authority as may
be prescribed;
WHEREIN shall be guaranteed fundamental rights, including equality of status, of opportunity
and before law, social, economic and political justice, and freedom of thought, expression, belief, faith,
worship and association, subject to law and public morality;
WHEREIN adequate provision shall be made to safeguard the legitimate interests of minorities
and backward and depressed classes;
WHEREIN the independence of the judiciary shall be fully secured;
WHEREIN the integrity of the territories of the Federation, its independence and all its rights,
including its sovereign rights on land, sea and air, shall be safeguarded;
So that the people of Pakistan may prosper and attain their rightful and honoured place amongst
the nations of the World and make their full contribution towards international peace and progress and
happiness of humanity;
NOW, THEREFORE, we, the people of Pakistan,
Page 17 of 176
Conscious of our responsibility before Almighty Allah and men;
Cognisant of the sacrifices made by the people in the cause of Pakistan;
Faithful to the declaration made by the Founder of Pakistan, Quaid-i-Azam Mohammad Ali
Jinnah, that Pakistan would be a democratic State based on Islamic principles of social justice;
Dedicated to the preservation of democracy achieved by the unremitting struggle of the people
against oppression and tyranny;
Inspired by the resolve to protect our national and political unity and solidarity by creating an
egalitarian society through a new order;
Do hereby, through our representatives in the National Assembly, adopt, enact and give to
ourselves, this Constitution.
________
Page 18 of 176
PART I
INTRODUCTORY
1
1. The Republic and its territories.__ (1) Pakistan shall be a Federal Republic to be known
as the Islamic Republic of Pakistan, hereinafter referred to as Pakistan.
2
[(2) The territories of Pakistan shall comprise__
(a) the Provinces of 3[Balochistan], the 3[Khyber Pakhtunkhwa], the Punjab and
3
[Sindh];
(b) the Islamabad Capital Territory, hereinafter referred to as the Federal Capital;
4
[and]
4
[* * * * * * *]
4
[(c)] such States and territories as are or may be included in Pakistan, whether by
accession or otherwise.
(3) 5[Majlis-e-Shoora (Parliament)] may by law admit into the Federation new States or areas
on such terms and conditions as it thinks fit.]]
2. Islam to be State religion. Islam shall be the State religion of Pakistan.
5
[2A. The Objectives Resolution to form part of substantive provisions. 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.]
3. Elimination of exploitation. The State shall ensure the elimination of all forms of
exploitation and the gradual fulfilment of the fundamental principle, from each according to his ability
to each according to his work.
4. Right of individuals to be dealt with in accordance with law, etc.__ (1) 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.
(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;
1
The provisions of the Constitution except those of Articles 6, 8 to 28, (both inclusive), clauses 2 and (2a) of Article 101, Articles 199, 213 to 216 (both
inclusive) and 270-A, brought into force with effect from 10th March, 1985, vide S.R.O. No. 212(I)/85. dated 10th March, 1985, Gazette of Pakistan,
Extraordinary, Part-II, page 279 and the aforesaid Articles brought into force with effect from 30th December, 1985, vide S.R.O. No. 1273(I)/85 dated
29th December. 1985, Gazette of Pakistan, Extraordinary, Part-I1, page 3185.
2
Subs. by the Constitution (First Amendment) Act, 1974 (Act No. XXXIII of 1974), s. 2, (w.e.f. the 4th May, 1974).
3
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 3.
4
Ins., omitted and re-numbered by the Constitution (Twenty-fifth Amendment) Act, 2018 (Act No. XXXVII of 2018), s. 2.
5
Subs. and ins. by the Revival of the Constitution of 1973 Order, 1985 (P.O.NO. 14 of 1985), Art. 2 and Sch.
Page 19 of 176
(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.
5. Loyalty to State and obedience to Constitution and law.__ (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.
6. High treason.__ 2[(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 2[or collaborating] the acts mentioned in clause (1) shall
likewise be guilty of high treason.
2
[(2A) An act of high treason mentioned in clause (1) or clause (2) shall not be validated by
any court including the 3[Federal Constitutional Court,] Supreme Court and a High Court.]
(3) 1[Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found
guilty of high treason.
PART II
FUNDAMENTAL RIGHTS AND PRINCIPLES OF POLICY
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.
CHAPTER 1
FUNDAMENTAL RIGHTS
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.
1
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. NO. 14 of 1985), Art. 2 and Sch.
2
Subs. and ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 4.
3
Ins. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 2.
Page 20 of 176
(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
1
[(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.
9. Security of person. No person shall be deprived of life or liberty save in accordance with
law.
3
[9A. Clean and healthy environment.__ Every person shall be entitled to a clean, healthy and
sustainable environment.]
10. Safeguards as to arrest and detention.__ (1) No person who is arrested shall be detained
in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be
denied the right to consult and be defended by a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced before a magistrate
within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from
the place of arrest to the court of the nearest magistrate, and no such person shall be detained in custody
beyond the said period without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply to any person who is arrested or detained under
any law providing for preventive detention.
1
Subs. by the Constitution (Fourth Amendment) Act, 1975 (Act No. LXXI of 1975), s. 2, (w. e. f. the 21st November, 1985).
2
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O.NO. 14 of 1985), Art. 2 and Sch.
3
Ins. by the Constitution (Twenty-sixth Amendment) Act, 2024 (Act No. XXVI of 2024), s. 2.
Page 21 of 176
(4) No law providing for preventive detention shall be made except to deal with persons acting
in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof, or external
affairs of Pakistan, or public order, or the maintenance of supplies or services, and no such law shall
authorise the detention of a person for a period exceeding 1[three months] unless the appropriate
Review Board has, after affording him an opportunity of being heard in person, reviewed his case and
reported, before the expiration of the said period, that there is, in its opinion, sufficient cause for such
detention, and, if the detention is continued after the said period of 1[three months], unless the
appropriate Review Board has reviewed his case and reported, before the expiration of each period of
three months, that there is, in its opinion, sufficient cause for such detention.
Explanation I.__ In this Article, “the appropriate Review Board” means,__
(i) in the case of a person detained under a Federal law, a Board appointed by the Chief
Justice of 2[Supreme Court 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, 3[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.].
1
Subs. and added by the Constitution (Third Amendment) Act, 1975 (Act No. XXII of 1975), s. 2, (w. e. f. the 13th February. 1975).
2
Ins. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 3.
3
Subs. by the Constitution (Third Amendment) Act, 1975 (Act No. XXII of 1975), s. 2, (w.e.f. the 13th February, 1975).
Page 22 of 176
(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.
1
[10A. 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.]
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.
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.
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.
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.
1
Ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 5.
Page 23 of 176
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.
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.
1
[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 2[Federal Constitutional Court of Pakistan] whose decision on such
reference shall be final.
(3) Every political party shall account for the source of its funds in accordance with law.]
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.
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, 3[commission of] or incitement to an offence.
1
[19A. 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.]
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
1
Subs. and ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), ss. 6-7.
2
Subs. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 4.
3
Subs. by the Constitution (Fourth Amendment) Act, 1975 (Act No. LXXI of 1975), s. 4, (w. e. f. the 21st November, 1975).
Page 24 of 176
(b) every religious denomination and every sect thereof shall have the right to
establish, maintain and manage its religious institutions.
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.
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.
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.
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
Page 25 of 176
(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.
25. Equality of citizens.__ (1) All citizens are equal before law and are entitled to equal
protection of law.
(2) There shall be no discrimination on the basis of sex 1[*].
(3) Nothing in this Article shall prevent the State from making any special provision for the
protection of women and children.
1
[25A. 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.]
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.
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 2[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:
1
Omitted and ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), ss. 8-9.
2
Subs. and shall be deemed always to have been so subs. by the Constitution (Sixteenth Amendment) Act, 1999 (Act No. VII of 1999), s. 2.
Page 26 of 176
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 1[:]
1
[Provided also that under-representation of any class or area in the service of Pakistan may be
redressed in such manner as may be determined by an Act of Majlis-e-Shoora (Parliament)]
(2) Nothing in clause (1) shall prevent any Provincial Government, or any local or other
authority in a Province, from prescribing, in relation to any post or class of service under that
Government or authority, conditions as to residence in the Province, for a period not exceeding three
years, prior to appointment under that Government or authority.
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.
CHAPTER 2
PRINCIPLES OF POLICY
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 1[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 1[and the Senate] or, as the case may be, the
Provincial Assembly, for discussion on such report.
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.
1
Subs. and ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), ss. 10-11.
Page 27 of 176
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.
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.
33. Parochial and other similar prejudices to be discouraged. The State shall discourage
parochial, racial, tribal, sectarian and provincial prejudices among the citizens.
34. Full participation of women in national life. Steps shall be taken to ensure full
participation of women in all spheres of national life.
35. Protection of family, etc. The State shall protect the marriage, the family, the mother and
the child.
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.
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;
1
Ins. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch.
Page 28 of 176
(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.
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[*]
2
[(f) eliminate riba completely before the first day of January, two thousand twenty-
eight; and]
1
[(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.]
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.
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.
1
Omitted and added by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 12.
2
Subs. by the Constitution (Twenty-sixth Amendment) Act, 2024 (Act No. XXVI of 2024), s. 3.
Page 29 of 176
PART III
THE FEDERATION OF PAKISTAN
CHAPTER 1.— THE PRESIDENT
41. The President.__ (1) There shall be a President of Pakistan who shall be the Head of State and
shall represent the unity of the Republic.
(2) A person shall not be qualified for election as President unless he is a Muslim of not less than
forty-five years of age and is qualified to be elected as member of the National Assembly.
1
[(3) The President 2[* * *] shall be elected in accordance with the provisions of the Second
Schedule by the members of an electoral college consisting of__
(a) the members of both Houses; and
(b) the members of the Provincial Assemblies.]
(4) Election to the office of President shall be held not earlier than sixty days and not later than
thirty days before the expiration of the term of the President in office:
Provided that, if the election cannot be held within the period aforesaid because the National
Assembly is dissolved, it shall be held within thirty days of the general election to the Assembly.
(5) An election to fill a vacancy in the office of President shall be held not later than thirty days
from the occurrence of the vacancy:
Provided that, if the election cannot be held within the period aforesaid because the National
Assembly is dissolved, it shall be held within thirty days of the general election to the Assembly.
(6) The validity of the election of the President shall not be called in question by or before any
court or other authority.
(7) 2[* * * * * * *]
(8) 2[* * * * * * *]
(9) 2[* * * * * * *]
42. Oath of President. Before entering upon office, the President shall make before the Chief
Justice of Pakistan oath in the form set out in the Third Schedule.
43. Conditions of President’s office.__ (1) The President shall not hold any office of profit in the
service of Pakistan or occupy any other position carrying the right to remuneration for the rendering of
services.
(2) The President shall not be a candidate for election as a member of 1[Majlis-e-Shoora
(Parliament)] or a Provincial Assembly; and, if a member of 1[Majlis-e-Shoora (Parliament)] or a Provincial
Assembly is elected as President, his seat in 1[Majlis-e-Shoora (Parliament)] or, as the case may be, the
Provincial Assembly shall become vacant on the day he enters upon his office.
1
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch.
2
Omitted by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 13.
Page 30 of 176
44. Term of office of President. __ (1) Subject to the Constitution, the President shall hold office
for a term of five years from the day he enters upon his office :
Provided that the President shall, notwithstanding the expiration of his terms, continue to hold
office until his successor enters upon his office.
(2) Subject to the Constitution, a person holding office as President shall be eligible for re-election
to that office, but no person shall hold that office for more than two consecutive terms.
(3) The President may, by writing under his hand addressed to the Speaker of the National
Assembly, resign his office.
45. President’s power to grant pardon, etc. The President shall have power to grant pardon,
reprieve and respite, and to remit, suspend or commute any sentence passed by any court, tribunal or other
authority.
1
[46. President to be kept informed.__ The Prime Minister shall keep the President informed on
all matters of internal and foreign policy and on all legislative proposals the Federal Government intends
to bring before Majlis-e-Shoora (Parliament).]
47. Removal 2[or impeachment] of President.__ 2[(l) Notwithstanding anything contained in the
Constitution, the President may, in accordance with the provisions of this Article, be removed from office
on the ground of physical or mental incapacity or impeached on a charge of violating the Constitution or
gross misconduct.
(2) Not less than one-half of the total membership of either House may give to the Speaker of the
National Assembly or, as the case may be, the Chairman written notice of its intention to move a resolution
for the removal of, or, as the case may be, to impeach, the President; and such notice shall set out the
particulars of his incapacity or of the charge against him.]
(3) If a notice under clause (2) is received by the Chairman, he shall transmit it forthwith to the
Speaker.
(4) The Speaker shall, within three days of the receipt of a notice under clause (2) or clause (3),
cause a copy of the notice to be transmitted to the President.
(5) The Speaker shall summon the two Houses to meet in a joint sitting not earlier than seven days
and not later than fourteen days after the receipt of the notice by him.
(6) The joint sitting may investigate or cause to be investigated the ground or the charge upon
which the notice is founded.
(7) The President shall have the right to appear and be represented during the investigation, if any,
and before the joint sitting.
(8) If, after consideration of the result of the investigation, if any, a resolution is passed at the joint
sitting by the votes of not less than two-thirds of the total membership of 2[Majlis-e-Shoora (Parliament)]
declaring that the President is unfit to hold the office due to incapacity or is guilty of violating the
Constitution or of gross misconduct, the President shall cease to hold office immediately on the passing of
the resolution.
1
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 14.
2
Ins. and subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O.No.14 of 1985), Art.2 and Sch.
Page 31 of 176
1
[48. President to act on advice, etc.__ (1) In the exercise of his functions, the President
shall act 2[on and] in accordance with the advice of the Cabinet 3[or the Prime Minister]:
3
[Provided that 2[within fifteen days] the President may require the Cabinet or, as the case may
be, the Prime Minister to reconsider such advice, either generally or otherwise, and the President shall
2
[, within ten days,] act in accordance with the advice tendered after such reconsideration.]
(2) Notwithstanding anything contained in clause (1), the President shall act in his discretion
in respect of any matter in respect of which he is empowered by the Constitution to do so 3[and the
validity of anything done by the President in his discretion shall not be called in question on any ground
whatsoever].
3
[* * * * * * *]
4
[(4) The question whether any, and if so what, advice was tendered to the President by the
Cabinet, or the Prime Minister, shall not be inquired into in, or by, any court, tribunal or other
authority.]
2
[(5) Where the President dissolves the National Assembly, notwithstanding anything
contained in clause (1), he shall,__
(a) appoint a date, not later than ninety days from the date of the dissolution, for
the holding of a general election to the Assembly; and
(b) appoint a care-taker Cabinet 5[in accordance with the provisions of Article 224
or, as the case may be, Article 224A].]
2
[(6) If at any time the Prime Minister considers it necessary to hold a referendum on any matter
of national importance, he may refer the matter to a joint sitting of the Majlis-e-Shoora (Parliament)
and if it is approved in a joint sitting, the Prime Minister may cause such matter to be referred to a
referendum in the form of a question that is capable of being answered by either “Yes” or “No”.]
(7) An Act of Majlis-e-Shoora (Parliament) may lay down the procedure for the holding of a
referendum and the compiling and consolidation of the result of a referendum.]
49. Chairman or Speaker to act as, or perform functions of, President.__ (1) If the office
of President becomes vacant by reason of death, resignation or removal of the President, the Chairman
or, if he is unable to perform the functions of the office of President, the Speaker of the National
Assembly shall act as President until a President is elected in accordance with clause (3) of Article 41.
(2) When the President, by reason of absence from Pakistan or any other cause, is unable to
perform his functions, the Chairman or, if he too is absent or unable to perform the functions of the
office of President, the Speaker of the National Assembly shall perform the functions of President until
the President returns to Pakistan or, as the case may be, resumes his functions.
1
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O.No.14 of 1985), Art.2 and Sch.
2
Ins. and subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 15.
3
Subs., added and omitted by the Constitution (Eighth Amendment) Act, 1985 (Act No. XVIII of 1985), s. 2
4
Subs. by the Constitution (Twenty-sixth Amendment) Act, 2024 (Act No. XXVI of 2024), s. 4.
5
Added by the Constitution (Twentieth Amendment) Act, 2012 (Act No. V of 2012), s. 2.
Page 32 of 176
CHAPTER 2. – THE 1[MAJLIS-E-SHOORA (PARLIAMENT)]
COMPOSITION, DURATION AND MEETINGS OF 1[MAJLIS-E-SHOORA
(PARLIAMENT)]
1
[50. Majlis-e-Shoora (Parliament). 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.]
2
[51. National Assembly.__ (1) There shall be 3[three hundred and thirty-six] 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 of unsound mind.
3
[(3) The seats in the National Assembly referred to in clause (1), except the seats mentioned
in clause (4), shall be allocated to each Province and the Federal Capital as under:__
General Seats Women Seats Total Seats
Balochistan 16 4 20
Khyber Pakhtunkhwa 45 10 55
Punjab 141 32 173
Sindh 61 14 75
Federal Capital 3 - 3
Total 266 60 326]
3
[(3A) Notwithstanding anything contained in clause (3) or any other law for the time being in
force, the members of the National Assembly from the Federally Administered Tribal Areas to be
elected in the general elections, 2018 shall continue till dissolution of the National Assembly and
thereafter this clause shall stand omitted.]
(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.
4
[(5) 3[*******] 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:
1
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O.No.14 of 1985), Art.2 and Sch.
2
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 16, and shall be deemed always to have been so substituted with
effect from the 21st day of August, 2002.
3
Subs., ins. and omitted by the Constitution (Twenty-fifth Amendment) Act, 2018 (Act No. XXXVII of 2018), s. 3, (w. e. f. 31-05-2018).
4
Subs. by the Constitution (Twenty-fourth Amendment) Act, 2017 (Act No. XXXVIII of 2017), s. 2.
Page 33 of 176
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.]
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.
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.
Page 34 of 176
(3) When the office of Speaker is vacant, or the Speaker is absent or is unable to perform his
function 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.
1
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[three] 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 3[thirty]
working days in each year.
[Explanation.__ In this clause, ‘working days’ includes any day on which there is a joint sitting
4
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 summoned
the Assembly only he may prorogue it.
1
Article 54 of the constitution shall, until the 31st day of December, 1973, have effect as if the proviso to clause (2) thereof were omitted, see the
Removal of Difficulties (Sittings of National Assembly) Order, 1973 (P.O. No.23 of 1973), Art. 2.
2
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O.N. 14 of 1985), Art.2 and Sch.
3
Subs. by the Constitution (Tenth Amendment) Act, 1987 (Act No. I of 1987). s. 2.
4
Added by the Constitution (Fourth Amendment) Act, 1975 (Act No. LXXI of 1975), s. 6 (w. e. f. the 21st November, 1975).
Page 35 of 176
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.
56. Address by President.__ 1[(1)] The President may address either House or both Houses
assembled together and may for that purpose require the attendance of the members.
1
[(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.
2
[(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.]
57. Right to speak in 1[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.
3
[58. Dissolution of the 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 commands 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.]
1
Re-numbered, added and subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), Art. 2 and Sch.
2
Subs. by the Constitution (Eighth Amendment) Act, 1985, (Act No. XVIII of 1985), s. 4.
3
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 17.
Page 36 of 176
1
[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;
2
(b) [* * * * * * *]
(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;
2
(b) [* * * * * * *]
(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 women 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;
1
Subs.by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 18.
2
Subs. and omitted by the Constitution (Twenty-fifth Amendment) Act, 2018 (Act No. XXXVII of 2018), s. 4, (w. e. f. 31-05-2018).
Page 37 of 176
(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
[Explanation.- The term of a member, notwithstanding the date of his election, shall expire on
the eleventh day of March of the year of the completion of term for which he is elected.]
2
[(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.]
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 3[three] years from the
day on which he enters upon his office.
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 4[and as if, in the proviso to the said clause (2) of Article 54, for the
words 5[one hundred and thirty] the words 6[one hundred and ten] were substituted].
provisions as to Members of 7[Majlis-e-Shoora (Parliament)]
6
[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__
1
Added by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 5.
2
Ins. by the Constitution (Twenty-fifth Amendment) Act, 2018 (Act No. XXXVII of 2018) s. 4, (w. e. f. 31-05-2018).
3
Subs. by the Constitution (Eighth Amendment) Act, 1985 (Act No. XVIII of 1985), s. 7.
4
Added by the Constitution (First Amendment) Act, 1974 (Act No. XXXIII of 1974), s. 5 (w. e. f. the 14th May, 1974).
5
Subs. by the Constitution (Tenth Amendment) Act, 1987 (Act No. I of 1987), s. 3.
6
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), ss. 19-20.
7
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), Art.2 and Sch.
Page 38 of 176
(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.]
2
[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
1
Omitted by the Constitution (Twenty-fifth Amendment) Act, 2018 (Act No. XXXVII of 2018) s. 5, (w. e. f. 31-05-2018).
2
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 21.
Page 39 of 176
(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
elapsed 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 ground 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 a separate 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
Page 40 of 176
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.]
1
[63A. Disqualification on grounds of defection, etc.__ (1)If a member of a Parliamentary
Party composed of a single political party in a House__
1
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 22.
Page 41 of 176
(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
(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 1[Federal Constitutional] 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.
(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.
1
Subs. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 6.
Page 42 of 176
(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.].
64. Vacation of seats.__ (1) A member of 1[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.
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.
66. Privileges of members, etc.__ (1) Subject to the Constitution and to the rules of procedure
of 1[Majlis-e-Shoora (Parliament)], there shall be freedom of speech in 1[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 1[Majlis-e-Shoora (Parliament)], and no person shall be so liable in respect
of the publication by or under the authority of 1[Majlis-e-Shoora (Parliament)] of any report, paper,
votes or proceedings.
(2) In other respects, the powers, immunities and privileges of 1[Majlis-e-Shoora (Parliament)],
and the immunities and privileges of the members of 1[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.
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.
1
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), Art.2 and Sch.
Page 43 of 176
Procedure Generally
67. Rules of procedure, etc.__ (1) Subject to the Constitution, a House may make rules 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.
68. Restriction on discussion in 1[Majlis-e-Shoora (Parliament)]. No discussion shall take
place in 1[Majlis-e-Shoora (Parliament)] with respect to the conduct of any Judge of 2[the Federal
Constitutional Court,] the Supreme Court or of a High Court in the discharge of his duties.
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.
Legislative Procedure
3
[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.]
1
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), Art.2 and Sch.
2
Ins. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 7.
3
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 23.
Page 44 of 176
71. 1[Omitted]
72. Procedure at joint sittings.__ (1) The President, after consultation with the Speaker of the
National Assembly and the Chairman, may make 2rules 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.
73. Procedure with respect to Money Bills.__ 1[(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.]
1
[(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 be presented to the President for assent.]
3
* * * * * * *
(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;
1
Omitted, subs. and ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), ss. 24-25.
2
For the Parliament (Joint Sitting), Rules 1973, see Gaz. of Pak. 1973, Ext. Pt. 11, pp. 1657-1672.
3
Omitted as consequence of the (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), see section 2.
Page 45 of 176
(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.
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.
[75. President’s assent to Bills.__ (1) When a Bill is presented to the President for assent, the
1
President shall, within 2[ten] 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
[(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 2[or is deemed to have assented] to a Bill, it shall become
law and be called an Act of Majlis-e- Shoora (Parliament).
1
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), Art.2 and Sch.
2
Subs. and ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 26.
Page 46 of 176
(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.]
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.
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)].
Financial Procedure
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 2[the Federal Constitutional Court,] the Supreme
Court or any other court established under the authority of the Federation;
shall be credited to the Public Account of the Federation.
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.
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;
1
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), Art.2 and Sch.
2
Ins. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 8.
Page 47 of 176
and shall distinguish expenditure on revenue account from other expenditure.
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 1[the Federal Constitutional Court,] 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;
2
[(b) the administrative expenses, including the remuneration payable to officers and
3
[staff], of 1[the Federal Constitutional Court,] the 4[Supreme Court, the Judicial
Commission of Pakistan, the Supreme Judicial Council] 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; 4[*]
4
[(da) any sums required to organize and conduct elections to the National Assembly,
Senate, Provincial Assemblies and the local governments; and]
(e) any other sums declared by the Constitution or by Act of 5[Majlis-e-Shoora
(Parliament)] to be so charged.
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.
1
Ins. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 9.
2
Added and subs. by the Constitution (Nineteenth Amendment) Act, 2011 (Act No. I of 2011) s. 2.
3
Subs. by the Constitution (Twenty-second Amendment) Act, 2016 (Act No. XXV of 2016), s. 2.
4
Subs., omitted and ins. by the Constitution (Twenty-six Amendment) Act, 2024 (Act No. XXVI of 2024, s. 5.
5
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), Art.2 and Sch.
Page 48 of 176
(3) No demand for a grant shall be made except on the recommendation of the Federal
Government.
83. Authentication of schedule of authorised 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).
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 a 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.
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.
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.
Page 49 of 176
87. Secretariats of 1[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.
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 rules3 for regulating its procedure.
Ordinances
89. Power of President to promulgate Ordinances.__ (1) The President may, except when
4
the [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 1[Majlis-e-Shoora (Parliament)] and shall be subject to like restrictions as the power of 1[Majlis-e-
Shoora (Parliament)] to make law, but every such Ordinance__
(a) shall be laid__
(i) before the National Assembly if it 5[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 4[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 4[:]
1
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), Art.2 and Sch.
2
For the National Assembly Secretariat (Recruitment) Rules, 1973, see Gaz. of Pak. 1973, Ext., Part-II. pp. 2279-2286.
For the Senate Secretariat (Recruitment) Rules. 1973, see ibid., pp. 2301-2307.
3
For the National Assembly (Finance Committee) Rules, 1973, see Gaz. of Pak., 1973. Ext., Part II, pp. 2451- 2454.
For the Senate (Finance Committee) Rules, 1973, see ibid., pp. 2479-2482.
4
Ins. and subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 27.
5
Subs. by the Constitution (Second Amendment) Order, 1985 (P.O. No.20 of 1985), Art. 2.
Page 50 of 176
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 1[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 1[:]
1
[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.
1
[(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.]
1
Ins. and subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 27.
2
Subs. by the Constitution (Second Amendment) Order, 1985 (P.O. No.20 of 1985), Art. 2.
Page 51 of 176
CHAPTER 3
THE FEDERAL GOVERNMENT
1 2
[ [90. The Federal Government.__ (1) Subject to the Constitution, the executive authority of
the Federation shall be exercised in the name of the President by the Federal Government, consisting
of the Prime Minister and the Federal Ministers, which shall act through the Prime Minister, who shall
be the chief executive of the Federation.
(2) In the performance of his functions under the Constitution, the Prime Minister may act
either directly or through the Federal Ministers.]
2
[91. The Cabinet.__ (1) There shall be a Cabinet of Ministers, with the Prime Minister at its
head, to aid and advise the President in the exercise of his functions.
(2) The National Assembly shall meet on the twenty-first day following the day on which a
general election to the Assembly is held, unless sooner summoned by the President.
(3) After the election of the Speaker and the Deputy Speaker, the National Assembly shall, to
the exclusion of any other business, proceed to elect without debate one of its Muslim members to be
the Prime Minister.
(4) The Prime Minister shall be elected by the votes of the majority of the total membership of
the National Assembly:
Provided that, if no member secures such majority in the first poll, a second poll shall be held
between the members who secure the two highest numbers of votes in the first poll and the member
who secures a majority of votes of the members present and voting shall be declared to have been
elected as Prime Minister:
Provided further that, if the number of votes secured by two or more members securing the
highest number of votes is equal, further poll shall be held between them until one of them secures a
majority of votes of the members present and voting.
(5) The member elected under clause (4) shall be called upon by the President to assume the
office of Prime Minister and he shall, before entering upon the office, make before the President oath
in the form set out in the Third Schedule:
Provided that there shall be no restriction on the number of terms for the office of the Prime
Minister.
(6) The Cabinet, together with the Ministers of State, shall be collectively responsible to the
Senate and the National Assembly.
(7) The Prime Minister shall hold office during the pleasure of the President, but the President
shall not exercise his powers under this clause unless he is satisfied that the Prime Minister does not
command the confidence of the majority of the members of the National Assembly, in which case he
shall summon the National Assembly and require the Prime Minister to obtain a vote of confidence
from the Assembly.
1
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), Art. 2 and Sch.
2
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), ss. 28-29.
Page 52 of 176
(8) The Prime Minister may, by writing under his hand addressed to the President, resign his
office.
(9) A Minister who for any period of six consecutive months is not a member of the National
Assembly shall, at the expiration of that period, cease to be a Minister and shall not before the
dissolution of that Assembly be again appointed a Minister unless he is elected a member of that
Assembly:
Provided that nothing contained in this clause shall apply to a Minister who is member of the
Senate.
(10) Nothing contained in this Article shall be construed as disqualifying the Prime Minister
or any other Minister or a Minister of State for continuing in office during any period during which
the National Assembly stands dissolved, or as preventing the appointment of any person as Prime
Minister or other Minister or a Minister of State during any such period.]
92. Federal Ministers and Ministers of State.__ (1) Subject to clauses 1[(9) and (10)] of
Article 91, the President shall appoint Federal Ministers and Ministers of State from amongst the
members of Majlis-e-Shoora (Parliament) on the advice of the Prime Minister :
Provided that the number of Federal Ministers and Ministers of State who are members of the
Senate shall not at any time exceed one-fourth of the number of Federal Ministers 1[:]
1
[Provided further that the total strength of the Cabinet, including Ministers of State, shall not
exceed a eleven percent of the total membership of Majlis-e-Shoora (Parliament):
Provided also that the aforesaid amendment shall be effective from the next general election
held after the commencement of the Constitution (Eighteenth Amendment) Act, 2010.]
(2) Before entering upon office, a Federal Minister or Minister of State shall make before the
President oath in the form set out in the Third Schedule.
(3) A Federal Minister or Minister of State may, by writing under his hand addressed to the
President, resign his office or may be removed from office by the President on the advice of the Prime
Minister.
93. Advisers.__ (1) The President may, on the advice of the Prime Minister, appoint not more
2
than [seven] Advisers, on such terms and conditions as he may determine.
(2) The provisions of Article 57 shall also apply to an Adviser.
94. Prime Minister continuing in office. The President may ask the Prime Minister to
continue to hold office until his successor enters upon the office of Prime Minister.
95. Vote of no-confidence against Prime Minister.__ (1) A resolution for a vote of no-
confidence moved by not less than twenty per centum of the total membership of the National
Assembly may be passed against the Prime Minister by the National Assembly.
1
Subs. and ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 30.
2
Subs. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 10.
Page 53 of 176
(2) A resolution referred to in clause (1) shall not be voted upon before the expiration of three
days, or later than seven days, from the day on which such resolution is moved in the National
Assembly.
(3) A resolution referred to in clause (1) shall not be moved in the National Assembly while
the National Assembly is considering demands for grants submitted to it in the Annual Budget
Statement.
(4) If the resolution referred to in clause (1) is passed by a majority of the total membership of
the National Assembly, the Prime Minister shall cease to hold office.]
96. 1[Omitted]
96A. [Referendum as to confidence in Prime Minister] It cease to be in force on the 30th
September, 1977 by the Constitution (Seventh Amdt.) Act, 1977 (23 of 1977), s.1(3) and previously ins.
by Act 23 of 1977, s.2, and come into force on 16th May, 1977.
97. Extent of executive authority of Federation. Subject to the Constitution, the executive
authority of the Federation shall extend to the matters with respect to which 2[Majlis-e- Shoora
(Parliament)] has power to make laws, including exercise of rights, authority and jurisdiction in and in
relation to areas outside Pakistan:
Provided that the said authority shall not, save as expressly provided in the Constitution or in
any law made by 2[Majlis-e-Shoora (Parliament)], extend in any Province to a matter with respect to
which the Provincial Assembly has also power to make laws.
98. Conferring of functions on subordinate authorities. On the recommendation of the
Federal Government, 2[Majlis-e- Shoora (Parliament)] may by law confer functions upon officers or
authorities subordinate to the Federal Government.
2
[99. Conduct of business of Federal Government.__ (1) All executive actions of the Federal
Government shall be expressed to be taken in the name of the President.
(2) The 3[Federal Government] shall by rules specify the manner in which orders and other
instruments made and executed 3[in the name of the President] shall be authenticated, and the validity
of any order or instrument so authenticated shall not be questioned in any court on the ground that it
was not made or executed by the President.
3
[(3) The Federal Government shall also make rules for the allocation and transaction of its
business.]]
100. Attorney-General for Pakistan.__ (1) The President shall appoint a person, being a
person qualified to be appointed a Judge of the 4[Federal Constitutional] Court, to be the Attorney-
General for Pakistan.
(2) The Attorney-General shall hold office during the pleasure of the President 3[and shall not
engage in private practice so long as he holds the office of the Attorney-General].
1
Omitted by substitution through re-numbering by the Revival of the Constitution of 1973 Order, 1985 (P.O.No.14 of 1985), Art.2 and Sch.
2
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O.No.14 of 1985), Art.2 and Sch.
3
Subs. and added by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), ss. 31-32.
4
Subs. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 11.
Page 54 of 176
(3) It shall be the duty of the Attorney-General to give advice to the Federal Government upon
such legal matters, and to perform such other duties of a legal character, as may be referred or assigned
to him by the Federal Government, and in the performance of his duties he shall have the right of
audience in all courts and tribunals in Pakistan.
(4) The Attorney-General may, by writing under his hand addressed to the President, resign his
office.
PART IV
PROVINCES
CHAPTER 1. – THE GOVERNORS
101. Appointment of Governor.__ 1[(1) There shall be a Governor for each Province, who
shall be appointed by the President on the advise of the Prime Minister.]
(2) A person shall not be appointed a Governor unless he is qualified to be elected as a member
of the National Assembly and is not less than thirty-five years of age 2[and is a registered voter and
resident of the Province concerned.] 3[:]
4
[* * * * * * *]
4
[(2A) * * * * * * *]
(3) The Governor shall hold office during the pleasure of the President 5[and shall be entitled
to such salary, allowances and privileges as the President may determine].
(4) The Governor may, by writing under his hand addressed to the President, resign his office.
6
[(5) The President may make such provision as he thinks fit for the discharge of the functions
of a Governor 7[in any contingency not provided for in this Part].
102. Oath of Office. Before entering upon office, the Governor shall make before the Chief
Justice of the High Court oath in the form set out in the Third Schedule.
103. Conditions of Governor’s office.__ (1) The Governor shall not hold any office of profit
in the service of Pakistan or occupy any other position carrying the right to remuneration for the
rendering of services.
(2) The Governor shall not be a candidate for election as a member of 8[Majlis-e-Shoora
(Parliament)] or a Provincial Assembly and, if a member of 8[Majlis-e-Shoora (Parliament)] or a
Provincial Assembly is appointed as Governor, his seat in 8[Majlis-e-Shoora (Parliament)] or, as the
case may be, the Provincial Assembly shall become vacant on the day he enters upon his office.
1
Subs. and added by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 33.
2
Added ibid.
3
Subs. by the Constitution (Fifth Amendment) Act. 1976 (Act No. LXII of 1976), s. 2.
4
Omitted by the Constitution (Eighth Amendment) Act, 1985 (Act No. XVIII of 1985), s. 11.
5
Added by the Constitution (First Amendment) Act, 1974 (Act No. XXXIII of 1974), s. 6, (w.e.f. the 4th May, 1974).
6
Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), Art.2 and Sch.
7
Added by constitution (Eighth Amendment) Act (Act No. XVIII of 1985), s. 11.
8
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), Art.2 and Sch.
Page 55 of 176
1
[104. Speaker Provincial Assembly to act as, or perform functions of Governor in his
absence.__ When the Governor, by reason of absence from Pakistan or for any other cause, is unable
to perform his functions, the Speaker of the Provincial Assembly and in his absence any other person
as the President may nominate shall perform the functions of Governor until the Governor returns to
Pakistan or, as the case may be, resumes his functions.]
2
[105. Governor to act on advice, etc.__ (1) Subject to the Constitution, in the performance
of his functions, the Governor shall act 3[on and] in accordance with the advice of the Cabinet, 4[or the
Chief Minister]:
4
[Provided that 3[within fifteen days] the Governor may require the Cabinet or, as the case may
be, the Chief Minister to reconsider such advice, whether generally or otherwise, and the Governor
shall 3[, within ten days,] act in accordance with the advice tendered after such reconsideration.]
5
[* * * * * * *]
(2) The question whether any, and if so what, advice was tendered to the Governor by the Chief
Minister 6[or the Cabinet] shall not be inquired into in, or by, any court, tribunal or other authority.
7
[(3) Where the Governor dissolves the Provincial Assembly, notwithstanding anything
contained in clause (1), he shall,__
(a) appoint a date, not later than ninety days from the date of dissolution, for the
holding of a general election to the Assembly; and
(b) appoint a care-taker Cabinet 8[in accordance with the provisions of Article 224
or, as the case may be, Article 224A]]
9
[* * * * * * *]
(5) The provisions of clause 10[(2)] of Article 48 shall have effect in relation to a Governor as
if reference therein to “President” were reference to “Governor”.]
CHAPTER 2
PROVINCIAL ASSEMBLIES
11
[106. Constitution of Provincial Assemblies.__ (1) Each Provincial Assembly shall consist
of general seats and seats reserved for women and non-Muslims as specified herein below:__
1
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 34.
2
Subs. by the Revival of the constitution of 1973 Order, 1985 (P. O. No. 14 of 1985), Art. 2 and Sch.
3
Ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 35.
4
Subs. by the Constitution (Eighth Amendment) Act. 1985 (Act No. XVIII of 1985), s. 12.
5
Ommited. by the Constitution (Eighth Amendment) Act. 1985 (Act No. XVIII of 1985), s. 12.
6
Subs. by the Constitution (Eighth Amendment) Act. 1985 (Act No. XVIII of 1985), s. 12.
7
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010) s, 35.
8
Ins. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 12.
9
Ommited. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010) s. 35.
10
Subs. by the Constitution (Eighth Amendment) Act. 1985 (Act No. XVIII of 1985) s. 12.
11
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 36, and shall be deemed always to have been so, substituted with
effect from 21st day of August, 2002.
Page 56 of 176
General seats Women Non-Muslims Total
Balochistan 51 11 3 65
1
[Khyber Pakhtunkhwa 115 26 4 145]
Punjab 297 66 8 371
Sindh 130 29 9 168
2
[* * * * * * *]
(2) A person shall be entitled to vote if__
(a) he is a citizen of Pakistan;
(b) he is not less than eighteen years of age;
(c) his name appears on the electoral roll for any area in the Province; and
(d) he is not declared by a competent court to be of unsound mind.
(3) For the purpose of election to a Provincial Assembly,__
(a) the constituencies for the general seats shall be single member territorial
constituencies and the members to fill such seats shall be elected by direct and free
vote;
(b) each Province shall be a single constituency for all seats reserved for women and
non-Muslims allocated to the respective Provinces under clause (1);
(c) the members to fill seats reserved for women and non- Muslims allocated to a
Province under clause (1) shall be elected in accordance with law through
proportional representation system of political parties’ lists of candidates on the
basis of the total number of general seats secured by each political party in the
Provincial Assembly:
Provided that for the purpose of this sub-clause, the total number of general seats won by a political
party shall include the independent returned candidate or candidates who may duly join such political party
within three days of the publication in the official Gazette of the names of the returned candidates.]
107. Duration of Provincial Assembly. A Provincial 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.
1
Subs. and Ins. by the Constitution (Twenty-fifth Amendment) Act, 2018 (Act No. XXXVII of 2018) s. 6. w.e.f. 31-05-2018.
2
Clauses (1A) and (1B) ins. under s. 6 of Act No. 37 of 2018, after merger of former FATA areas in Khyber Pakhtunkhwa and effective for election of
members from that areas within one year after general elections, 2018 stood omitted after their election.
Page 57 of 176
108. Speaker and Deputy Speaker. After a general election, a Provincial 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.
109. Summoning and prorogation of Provincial Assembly. The Governor may from time to
time__
(a) summon the Provincial Assembly to meet at such time and place as he thinks
fit; and
(b) prorogue the Provincial Assembly.
110. Right of Governor to address Provincial Assembly. The Governor may address the
Provincial Assembly and may for that purpose require the attendance of the members.
111. Right to speak in Provincial Assembly. The Advocate-General 1[and an Advisor
appointed under clause (11) of Article 130] shall have the right to speak and otherwise take part in the
proceedings of the Provincial Assembly or any committee thereof of which he may be named a
member, but shall not by virtue of this Article be entitled to vote.
2
[112. Dissolution of Provincial Assembly.__ (1) The Governor shall dissolve the Provincial
Assembly if so advised by the Chief Minister; and the Provincial Assembly shall, unless sooner
dissolved, stand dissolved at the expiration of forty-eight hours after the Chief Minister has so advised.
Explanation.__ Reference in this Article to ‘Chief Minister’ shall not be construed to include
reference to a Chief Minister against whom a notice of a resolution for a vote of no-confidence has
been given in the Provincial Assembly but has not been voted upon or against whom a resolution for
a vote of no-confidence has been passed.
(2) The Governor may also dissolve the Provincial Assembly in his discretion, but subject to
the previous approval of the President, where a vote of no-confidence having been passed against the
Chief Minister, no other member of the Provincial Assembly commands the confidence of the majority
of the members of the Provincial Assembly in accordance with the provisions of the Constitution, as
ascertained in a session of the Provincial Assembly summoned for the purpose.]
3
[113. Qualifications and disqualifications for membership of Provincial Assembly. The
qualifications and disqualifications for membership of the National Assembly set out in Articles 62
and 63 shall also apply for membership of a Provincial Assembly as if reference therein to “National
Assembly” were a reference to “Provincial Assembly”.]
114. Restriction on discussion in Provincial Assembly. No discussion shall take place in a
Provincial Assembly with respect to the conduct of any Judge of 4[the Federal Constitutional Court,]
the Supreme Court or of a High Court in the discharge of his duties.
115. Provincial Government’s consent required for financial measures.__ (1) A Money Bill,
or a Bill or amendment which if enacted and brought into operation would involve expenditure from
the Provincial Consolidated Fund or withdrawal from the Public Account of the Province shall not be
introduced or moved in the Provincial Assembly except by or with the consent of the Provincial
Government.
1
Ins. by the Constitution (Twenty-sixth Amendment) Act, 2024 (Act No. XXVI of 2024), s. 6.
2
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 37.
3
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P. O. No. 14 of 1985), Art. 2 and Sch.
4
Ins. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 13.
Page 58 of 176
(2) For the purposes of this Article, 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 Provincial
Government or the amendment of the law relating to the financial obligations
of that Government;
(c) the custody of the Provincial Consolidated Fund, the payment of moneys into,
or issue of moneys from, that Fund;
(d) the imposition of a charge upon the Provincial Consolidated Fund, or the
abolition or alteration of any such charge;
(e) the receipt of moneys on account of the Public Account of the Province, the
custody or issue of such moneys; and
(f) 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 Provincial Assembly thereon shall be final.
(5) Every Money Bill presented to the Governor for assent shall bear a certificate under the
hand of the Speaker of the Provincial Assembly that it is a Money Bill and such certificate shall be
conclusive for all purposes and shall not be called in question.
[116. Governor’s assent to Bills.__ (1) When a Bill has been passed by the Provincial
1
Assembly, it shall be presented to the Governor for assent.
(2) When a Bill is presented to the Governor for assent, the Governor shall, within 2[ten] days,__
(a) assent to the Bill; or
(b) in the case of a Bill other than a Money Bill, return the Bill to the Provincial
Assembly with a message requesting that the Bill, or any specified provision
thereof, be reconsidered and that any amendment specified in the message be
considered.
3
[(3) When the Governor has returned a Bill to the Provincial Assembly, it shall be reconsidered
by the Provincial Assembly and, if it is again passed, with or without amendment, by the Provincial
1
Subs. by Revival of the Constitution of 1973 Order, 1985 (P. O. No. 14 of 1985), Art. 2 and Sch.
2
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 38.
3
Subs. by the Constitution (Eighth Amendment) Act, 1985 (Act No. XVIII of 1985), s. 15.
Page 59 of 176
Assembly, by the votes of the majority of the members of the Provincial Assembly present and voting,
it shall be again presented to the Governor and the Governor shall 1[give his assent within ten days,
failing which such assent shall be deemed to have been given].
(4) When the Governor has assented 2[or is deemed to have assented] to a Bill it shall become
law and be called an Act of Provincial Assembly.
(5) No Act of a Provincial Assembly, 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.]
117. Bill not to lapse on prorogation, etc.__ (1) A Bill pending in a Provincial Assembly shall
not lapse by reason of the prorogation of the Assembly.
(2) A Bill pending in a Provincial Assembly shall lapse on the dissolution of the Assembly.
Financial Procedure
118. Provincial Consolidated Fund and Public Account.__ (1) All revenues received by the
Provincial 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 Provincial
Consolidated Fund.
(2) All other moneys__
(a) received by or on behalf of the Provincial Government; or
(b) received by or deposited with the High Court or any other court established
under the authority of the Province;
shall be credited to the Public Account of the Province.
119. Custody, etc., of Provincial Consolidated Fund and Public Account. The custody of
the Provincial 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 Provincial Government, their
payment into, and withdrawal from the Public Account of the Province, and all matters connected with
or ancillary to the matters aforesaid, shall be regulated by Act of the Provincial Assembly or, until
provision in that behalf is so made, by rules made by the Governor.
120. Annual Budget Statement.__ (1) The Provincial Government shall, in respect of every
financial year, cause to be laid before the Provincial Assembly a statement of the estimated receipts
and expenditure of the Provincial Government for that year, in this Chapter 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 Provincial Consolidated Fund; and
1
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 38.
2
Ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 38.
Page 60 of 176
(b) the sums required to meet other expenditure proposed to be made from the
Provincial Consolidated Fund;
and shall distinguish expenditure on revenue account from other expenditure.
121. Expenditure charged upon Provincial Consolidated Fund. The following expenditure
shall be expenditure charged upon the Provincial Consolidated Fund:__
(a) the remuneration payable to the Governor and other expenditure relating to his
office, and the remuneration payable to__
(i) the Judges of the High Court; and
(ii) the Speaker and Deputy Speaker of the Provincial Assembly;
(b) the administrative expenses, including the remuneration payable to officers and
servants, of the High Court and the Secretariat of the Provincial Assembly;
(c) all debt charges for which the Provincial 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 Provincial Consolidated Fund;
(d) any sums required to satisfy any judgement, decree or award against the
Province by any court or tribunal; and
(e) any other sums declared by the Constitution or by Act of the Provincial
Assembly to be so charged.
122. Procedure relating to Annual Budget Statement.__ (1) So much of the Annual Budget
Statement as relates to expenditure charged upon the Provincial Consolidated Fund may be discussed
in, but shall not be submitted to the vote of, the Provincial Assembly.
(2) So much of the Annual Budget Statement as relates to other expenditure shall be submitted
to the Provincial Assembly in the form of demands for grants, and that 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:
1
[* * * * * * *]
(3) No demand for a grant shall be made except on the recommendation of the Provincial
Government.
123. Authentication of schedule of authorized expenditure.__ (1) The Chief Minister shall
authenticate by his signature a schedule specifying__
(a) the grants made or deemed to have been made by the Provincial Assembly under
Article 122, and
1
Omitted by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s.39.
Page 61 of 176
(b) the several sums required to meet the expenditure charged upon the Provincial
Consolidated Fund but not exceeding, in the case of any sum, the sum shown in
the statement previously laid before the Assembly.
(2) The schedule so authenticated shall be laid before the Provincial Assembly, but shall not
be open to discussion or vote thereon.
(3) Subject to the Constitution, no expenditure from the Provincial Consolidated Fund shall be
deemed to be duly authorized unless it is specified in the schedule so authenticated and such schedule
is laid before the Provincial Assembly as required by clause (2).
124. Supplementary and excess grant. 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 Provincial Government shall have power to authorize expenditure from the Provincial
Consolidated Fund, whether the expenditure is charged by the Constitution upon that Fund or not, and
shall cause to be laid before the Provincial Assembly a 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 120 to 123 shall apply to those statements as they apply to the Annual Budget
Statement.
125. Votes on account. Notwithstanding anything contained in the foregoing provisions
relating to financial matters, the Provincial 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 three months,
pending completion of the procedure prescribed in Article 122 for the voting of such grant and the
authentication of the schedule of expenditure in accordance with the provisions of Article 123 in
relation to the expenditure.
126. Power to authorize expenditure when Assembly stands, dissolved. Notwithstanding
anything contained in the foregoing provisions relating to financial matters, at any time when the
Provincial Assembly stands dissolved, the Provincial Government may authorize expenditure from the
Provincial 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 122 for the
voting of grants and the authentication of the schedule of authorized expenditure in accordance with
the provisions of Article 123 in relation to the expenditure.
127. Provisions relating to National Assembly, etc., to apply to Provincial Assembly, etc.
Subject to the Constitution, the provisions of clauses (2) to (8) of Article 53, clauses (2) and (3) of
Article 54, Article 55, Articles 63 to 67, Article 69, Article 77, Article 87 and Article 88 shall apply to
and in relation to a Provincial Assembly or a committee or members thereof or the Provincial
Government, but so that__
(a) any reference in those provisions to 1[Majlis-e-Shoora (Parliament)], a House
or the National Assembly shall be read as a reference to the Provincial
Assembly;
1
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), Art.2 and Sch.
Page 62 of 176
(b) any reference in those provisions to the President shall be read as a reference to
the Governor of the Province;
(c) any reference in those provisions to the Federal Government shall be read as a
reference to the Provincial Government;
(d) any reference in those provisions to the Prime Minister shall be read as a
reference to the Chief Minister;
(e) any reference in those provisions to a Federal Minister shall be read as a
reference to a Provincial Minister; 1[*]
(f) any reference in those provisions to the National Assembly of Pakistan shall be
read as a reference to the Provincial Assembly in existence immediately before
the commencing day 2[; and]
3
[(g) the said clause (2) of Article 54 shall have effect as if, in the proviso thereto, for
the words “one hundred and thirty” the word 4[one hundred] were substituted.]
Ordinances
128. Power of Governor to promulgate Ordinances.__ (1) The Governor may, except when
the Provincial 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 the Provincial Assembly and shall be subject to like restrictions as the power of the Provincial
Assembly to make laws, but every such Ordinance__
(a) shall be laid before the Provincial Assembly and shall stand repealed at the
expiration of 5[ninety 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[:]
7
[Provided that the Provincial Assembly may by a resolution extend the
Ordinance for a further period of ninety 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 a further period may be made only
once.]
(b) may be withdrawn at any time by the Governor.
1
Omitted by the Constitution (First Amendment) Act. 1974 (Act No. XXXIII of 1974), s.7 (w.e.f the 4th May. 1974).
2
Subs.by the Constitution (First Amendment) Act. 1974 (Act No. XXXIII of 1974), s.7 (w.e.f the 4th May. 1974).
3
Added.by the Constitution (First Amendment) Act. 1974 (Act No. XXXIII of 1974), s.7 (w.e.f the 4th May. 1974).
4
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 40.
5
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 41.
6
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 41.
7
Ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 41.
Page 63 of 176
(3) Without prejudice to the provisions of clause (2), an Ordinance laid before the Provincial
Assembly shall be deemed to be a Bill introduced in the Provincial Assembly.
CHAPTER 3
THE PROVINCIAL GOVERNMENTS
1
[129. The Provincial Government.__ (1) Subject to the Constitution, the executive authority
of the Province shall be exercised in the name of the Governor by the Provincial Government,
consisting of the Chief Minister and Provincial Ministers, which shall act through the Chief Minister.
(2) In the performance of his functions under the Constitution, the Chief Minister may act either
directly or through the Provincial Ministers.]
2
[130. The Cabinet.__ (1) There shall be a Cabinet of Ministers, with the Chief Minister at its
head, to aid and advise the Governor in the exercise of his functions.
(2) The Provincial Assembly shall meet on the twenty-first day following the day on which a
general election to the Assembly is held, unless sooner summoned by the Governor.
(3) After the election of the Speaker and the Deputy Speaker, the Provincial Assembly shall,
to the exclusion of any other business, proceed to elect without debate one of its members to be the
Chief Minister.
(4) The Chief Minister shall be elected by the votes of the majority of the total membership of
the Provincial Assembly:
Provided that, if no member secures such majority in the first poll, a second poll shall be held
between the members who secures the two highest numbers of votes in the first poll and the member
who secures a majority of votes of the members present and voting shall be declared to have been
elected as Chief Minister:
Provided further that, if the number of votes secured by two or more members securing the
highest number of votes is equal, further polls shall be held between them until one of them secures a
majority of votes of the members present and voting.
(5) The member elected under clause (4) shall be called upon by the Governor to assume the
office of Chief Minister and he shall, before entering upon the office, make before the Governor oath
in the form set out in the Third Schedule:
Provided that there shall be no restriction on the number of terms for the office of the Chief
Minister.
(6) The Cabinet shall be collectively responsible to the Provincial Assembly and the total
strength of the Cabinet shall not exceed 3[seventeen] members or 3[thirteen] percent of the total
membership of a Provincial Assembly, whichever is higher 3[.]
3
[* * * * * * *]
1
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 42.
2
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 43.
3
Subs. and omitted by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 14.
Page 64 of 176
(7) The Chief Minister shall hold office during the pleasure of the Governor, but the Governor
shall not exercise his powers under this clause unless he is satisfied that the Chief Minister does not
command the confidence of the majority of the members of the Provincial Assembly, in which case he
shall summon the Provincial Assembly and require the Chief Minister to obtain a vote of confidence
from the Assembly.
(8) The Chief Minister may, by writing under his hand addressed to the Governor, resign his
office.
(9) A Minister who for any period of six consecutive months is not a member of the Provincial
Assembly shall, at the expiration of that period, cease to be a Minister and shall not before the
dissolution of that Assembly be again appointed a Minister unless he is elected a member of that
Assembly.
(10) Nothing contained in this Article shall be construed as disqualifying the Chief Minister or
any other Minister for continuing in office during any period during which the Provincial Assembly
stands dissolved, or as preventing the appointment of any person as Chief Minister or other Minister
during any such period.
(11) The Chief Minister shall not appoint more than 1[seven] Advisors.]
2
[131. Governor to be kept informed. __ The Chief Minister shall keep the Governor informed
on matters relating to Provincial administration and on all legislative proposals the Provincial
Government intends to bring before the Provincial Assembly.]
3
[132. Provincial Ministers.__ (1) Subject to clauses 4[(9) and (10)] of Article 130, the
Governor shall appoint Provincial Ministers from amongst members of the Provincial Assembly on
the advice of the Chief Minister.
(2) Before entering upon office, a Provincial Minister shall make before the Governor oath in
the form set out in the Third Schedule.
(3) A Provincial Minister may, by writing under his hand addressed to the Governor, resign his
office or may be removed from office by the Governor on the advice of the Chief Minister.
133. Chief Minister continuing in office.__ The Governor may ask the Chief Minister to
continue to hold office until his successor enters upon the office of Chief Minister.]
134. [Resignation by Chief Minister] Omitted by P.O. No. 14 of 1985, Art. 2 and Sch.
135. [Provincial Minister performing functions of Chief Minister.] Omitted by P.O. No. 14 of
1985, Art. 2 and Sch.
5
[136. Vote of no-confidence against Chief Minister.__ (1) A resolution for a vote of no-
confidence moved by not less than twenty per centum of the total membership of the Provincial
Assembly may be passed against the Chief Minister by the Provincial Assembly.
1
Subs. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 14.
2
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No X of 2010), s. 44.
3
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P. O. No. 14 of 1985), Art. 2 and Sch.
4
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 45.
5
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P. O. No. 14 of 1985), Art. 2 and Sch.
Page 65 of 176
(2) A resolution referred to in clause (1) shall not be voted upon before the expiration of three
days, or later than seven days, from the day on which such resolution is moved in the Provincial
Assembly.
(3) If the resolution referred to in clause (l) is passed by a majority of the total membership of
the Provincial Assembly, the Chief Minister shall cease to hold office.]
137. Extent of executive authority of Province. Subject to the Constitution, the executive
authority of the Province shall extend to the matters with respect to which the Provincial Assembly
has power to make laws:
Provided that, in any matter with respect to which both 1[Majlis-e- Shoora (Parliament)] and
the Provincial Assembly of a Province have power to make laws, the executive authority of the
Province shall be subject to, and limited by, the executive authority expressly conferred by the
Constitution or by law made by 1[Majlis-e-Shoora (Parliament)] upon the Federal Government or
authorities thereof.
138. Conferring of functions on subordinate authorities. On the recommendation of the
Provincial Government, the Provincial Assembly may by law confer functions upon officers or
authorities subordinate to the Provincial Government.
2
[139. Conduct of business of Provincial Government.__ (1) All executive actions of the
Provincial Government shall be expressed to be taken in the name of the Governor.
(2) The 3[Provincial Government] shall by rules specify the manner in which orders and other
instruments made and executed 4[in the name of Governor] shall be authenticated, and the validity of
any order or instrument so authenticated shall not be questioned in any court on the ground that it was
not made or executed by the Governor.
5
[(3) The Provincial Government shall also make rules for the allocation and transaction of its
business.]
140. Advocate General for a Province.__ (1) The Governor of each Province shall appoint a
person, being a person qualified to be appointed a Judge of the High Court, to be the Advocate General
for the Province.
(2) It shall be the duty of the Advocate-General to give advice to the Provincial Government
upon such legal matters, and to perform such other duties of a legal character, as may be referred or
assigned to him by the Provincial Government.
(3) The Advocate-General shall hold office during the pleasure of the Governor 6[and shall not
engage in private practice so long as he holds the office of the Advocate-General].
(4) The Advocate-General may, by writing under his hand addressed to the Governor, resign
his office.
1
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), Art.2 and Sch.
2
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), Art.2 and Sch.
3
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 46.
4
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 46.
5
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 46.
6
Added by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 47.
Page 66 of 176
1
[* * * * * * *]
2
[140A. Local Government.__ (1) Each Province shall, by law, establish a local government
system and devolve political, administrative and financial responsibility and authority to the elected
representatives of the local governments.
(2) Elections to the local governments shall be held by the Election Commission of Pakistan.]
PART V
RELATIONS BETWEEN FEDERATION AND PROVINCES
CHAPTER 1.__ DISTRIBUTION OF LEGISLATIVE POWERS
141. Extent of Federal and Provincial laws. Subject to the Constitution, 3[Majlis-e-Shoora
(Parliament)] may make laws (including laws having extra-territorial operation) for the whole or any
part of Pakistan, and a Provincial Assembly may make laws for the Province or any part thereof.
142. Subject-matter of Federal and Provincial laws. Subject to the Constitution__
3
(a) [Majlis-e-Shoora (Parliament)] shall have exclusive power to make laws with
respect to any matter in the Federal Legislative List;
4
[(b) Majlis-e-Shoora (Parliament) and a Provincial Assembly shall have power to
make laws with respect to criminal law, criminal procedure and evidence.]
5
[(c) Subject to paragraph (b), a Provincial Assembly shall, and Majlis-e-Shoora
(Parliament) shall not, have power to make laws with respect to any matter not
enumerated in the Federal Legislative List.]
6
[(d) Majlis-e-Shoora (Parliament) shall have exclusive power to make laws with
respect to all matters pertaining to such areas in the Federation as are not
included in any Province.]
7
[143. Inconsistency between Federal and Provincial law.__ If any provision of an Act of a
Provincial Assembly is repugnant to any provision of an Act of Majlis-e-Shoora (Parliament) which
Majlis-e- Shoora (Parliament) is competent to enact, then the Act of Majlis-e- Shoora (Parliament),
whether passed before or after the Act of the Provincial Assembly, shall prevail and the Act of the
Provincial Assembly shall, to the extent of the repugnancy, be void.]
144. Power of Majlis-e-Shoora (Parliament) to legislate for 8[One] or more Provinces by
consent.__ (1) If 8[one] or more Provincial Assemblies pass resolutions to the effect that 3[Majlis-e-
1
Existing Article 140A stands omitted as a consequence of the (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), see section 2.
2
Ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 48.
3
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), Art.2 and Sch.
4
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 49.
5
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 49.
6
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 49.
7
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 50.
8
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 51.
Page 67 of 176
Shoora (Parliament)] may by law regulate any matter not enumerated in 1[the Federal Legislation List]
in the Fourth Schedule, it shall be lawful for 2[Majlis-e-Shoora (Parliament)] to pass an Act for
regulating that matter accordingly, but any Act so passed may, as respects any Province to which it
applies, be amended or repealed by Act of the Assembly of that Province.
3
[* * * * * * *]
CHAPTER 2. – ADMINISTRATIVE RELATIONS BETWEEN FEDERATION AND
PROVINCES
145. Power of President to direct Governor to discharge certain functions as his Agent.__
(1) The President may direct the Governor of any Province to discharge as his Agent, either generally
or in any particular matter, such functions relating to such areas in the Federation which are not
included in any Province as may be specified in the direction.
(2) The provisions of Article 105 shall not apply to the discharge by the Governor of his
functions under clause (1).
146. Power of Federation to confer powers, etc., on Provinces, in certain cases.__ (1)
Notwithstanding anything contained in the Constitution, the Federal Government may, with the
consent of the Government of a Province, entrust either conditionally or unconditionally to that
Government, or to its officers functions in relation to any matter to which the executive authority of
the Federation extends.
(2) An Act of 2[Majlis-e-Shoora (Parliament)] may, notwithstanding that it relates to a matter
with respect to which a Provincial Assembly has no power to make laws, confer powers and impose
duties upon a Province or officers and authorities thereof.
(3) Where by virtue of this Article powers and duties have been conferred or imposed upon a
Province or officers or authorities thereof, there shall be paid by the Federation to the Province such
sum as may be agreed or, in default of agreement, as may be determined by an arbitrator appointed by
the Chief Justice of 4[Federal Constitutional Court], in respect of any extra costs of administration
incurred by the Province in connection with the exercise of those powers or the discharge of those
duties.
147. Power of the Provinces to entrust functions to the Federation. Notwithstanding
anything contained in the Constitution, the Government of a Province may, with the consent of the
Federal Government, entrust, either conditionally or unconditionally, to the Federal Government, or
to its officers, functions in relation to any matter to which the executive authority of the Province
extends 5[:]
6
[Provided that the Provincial Government shall get the functions so entrusted ratified by the
Provincial Assembly within sixty days.]
1
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), ss.51-52.
2
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
3
Omitted by the Constitution (Eighth Amendment) Act, 1985 (XVIII of 1985), s.17.
4
Subs. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 15.
5
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 52.
6
Added. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 52.
Page 68 of 176
148. Obligation of Provinces and Federation.__ (1) The executive authority of every Province
shall be so exercised as to secure compliance with Federal laws which apply in that Province.
(2) Without prejudice to any other provision of this Chapter, in the exercise of the executive
authority of the Federation in any Province regard shall be had to the interests of that Province.
(3) It shall be the duty of the Federation to protect every Province against external aggression
and internal disturbances and to ensure that the Government of every Province is carried on in
accordance with the provisions of the Constitution.
149. Directions to Provinces in certain cases.__ (1) The executive authority of every Province
shall be so exercised as not to impede or prejudice the exercise of the executive authority of the
Federation, and the executive authority of the Federation shall extend to the giving of such directions
to a Province as may appear to the Federal Government to be necessary for that purpose.
1
[(2)* * * * * * * *]
(3) The executive authority of the Federation shall also extend to the giving of directions to a
Province as to the construction and maintenance of means of communication declared in the direction
to be of national or strategic importance.
(4) The executive authority of the Federation shall also extend to the giving of directions to a
Province as to the manner in which the executive authority thereof is to be exercised for the purpose
of preventing any grave menace to the peace or tranquility or economic life of Pakistan or any part
thereof.
150. Full faith and credit for public acts, etc. Full faith and credit shall be given throughout
Pakistan to public acts and records, and judicial proceedings of every Province.
151. Inter-Provincial trade.__ (1) Subject to clause (2), trade, commerce and intercourse
throughout Pakistan shall be free.
(2) 2[Majlis-e-Shoora (Parliament)] may by law impose such restrictions on the freedom of
trade, commerce or intercourse between one Province and another or within any part of Pakistan as
may be required in the public interest.
(3) A Provincial Assembly or a Provincial Government shall not have power to—
(a) make any law, or take any executive action, prohibiting or restricting the entry
into, or the export from, the Province of goods of any class or description, or
(b) impose a tax which, as between goods manufactured or produced in the
Province and similar goods not so manufactured or produced, discriminates in
favour of the former goods or which, in the case of goods manufactured or
produced outside the Province discriminates between goods manufactured or
produced in any area in Pakistan and similar goods manufactured or produced
in any other area in Pakistan.
1
Omitted. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 53.
2
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), Art.2 and Sch.
Page 69 of 176
(4) An Act of a Provincial Assembly which imposes any reasonable restriction in the interest
of public health, public order or morality, or for the purpose of protecting animals or plants from
disease or preventing or alleviating any serious shortage in the Province of any essential commodity
shall not, if it was made with the consent of the President, be invalid.
152. Acquisition of land for Federal purposes. The Federation may, if it deems necessary to
acquire any land situate in a Province for any purpose connected with a matter with respect to which
1
[Majlis-e-Shoora (Parliament)] has power to make laws, require the Province to acquire the land on
behalf, and at the expense, of the Federation or, if the land belongs to the Province, to transfer it to the
Federation on such terms as may be agreed or, in default of agreement, as may be determined by an
arbitrator appointed by the Chief Justice of 2[Federal Constitutional Court].
CHAPTER 3. – SPECIAL PROVISIONS
152A. [National Security Council.] Omitted by the Constitution (Seventeenth Amendment) Act
2003 (3 of 2003), s. 5, which was previously ins. by C.E's. O. No. 24 of 2002, Art. 3 and Sch., as
amended by various enactments.
153. Council of Common Interests.__ (1) There shall be a Council of Common Interests, in
this Chapter referred to as the Council, to be appointed by the President.
3
[(2) The Council shall consist of__
(a) the Prime Minister who shall be the Chairman of the Council;
(b) the Chief Ministers of the Provinces; and
(c) three members from the Federal Government to be nominated by the Prime
Minister from time to time.]
4
[(3)* * * * * * *]
(4) The Council shall be responsible to 1[Majlis-e-Shoora (Parliament) 5[and shall submit an Annual
Report to both Houses of Majlis-e-Shoora (Parliament).]]
154. Functions and rules of procedure.__ 6[(1) The Council shall formulate and regulate
policies in relation to matters in Part II of the Federal Legislative List and shall exercise supervision
and control over related institutions.]
7
[(2) The Council shall be constituted within thirty days of the Prime Minister taking oath of
office.
1
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), Art.2 and Sch.
2
Subs. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 16.
3
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 54.
4
Omitted. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 54.
5
Added. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 54.
6
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 55.
7
Ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 55.
Page 70 of 176
(3) The Council shall have a permanent Secretariat and shall meet at least once in ninety days:
Provided that the Prime Minister may convene a meeting on the request of a Province on an
urgent matter.]
1
[(4)] The decisions of the Council shall be expressed in terms of the opinion of the majority.
1
[(5)] Until 2[Majlis-e-Shoora (Parliament)] makes provision by law in this behalf, the Council
may make its rules of procedure.
1
[(6)] 2[Majlis-e-Shoora (Parliament)] in joint sitting may from time to time by resolution issue
directions through the Federal Government to the Council generally or in a particular matter to take
action as 2[Majlis-e-Shoora (Parliament)] may deem just and proper and such directions shall be
binding on the Council.
1
[(7)] If the Federal Government or a Provincial Government is dissatisfied with a decision of
the Council, it may refer the matter to 2[Majlis-e-Shoora (Parliament)] in a joint sitting whose decision
in this behalf shall be final.
155. Complaints as to interference with water supplies.__ (1) If the interests of a Province,
the Federal Capital 3[******] or any of the inhabitants thereof, in water from any natural source of
supply 4[or reservoir] have been or are likely to be affected prejudicially by__
(a) any executive act or legislation taken or passed or proposed to be taken or
passed, or
(b) the failure of any authority to exercise any of its powers with respect to the use
and distribution or control of water from that source,
the Federal Government or the Provincial Government concerned may make a complaint in writing to
the Council.
(2) Upon receiving such complaint, the Council shall, after having considered the matter, either
give its decision or request the President to appoint a commission consisting of such persons having
special knowledge and experience in irrigation, engineering, administration, finance or law as he may
think fit, hereinafter referred to as the Commission.
(3) Until 2[Majlis-e-Shoora (Parliament)] makes provision by law in this behalf, the provisions
of the Pakistan Commissions of Inquiry Act, 1956 (VI of 1956), as in force immediately before the
commencing day shall apply to the Council or the Commission as if the Council or the Commission
were a Commission appointed under that Act to which all the provisions of section 5 thereof applied
and upon which the power contemplated by section 10A thereof had been conferred.
(4) After considering the report and supplementary report, if any, of the Commission, the
Council shall record its decision on all matters referred to the Commission.
1
Renumbered by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 55.
2
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), Art.2 and Sch.
3
Omitted by the Constitution (Twenty-fifth Amendment) Act, 2018 (Act No. XXXVII of 2018) s. 7, (w.e.f. the 31-05-2018).
4
Ins. by the Constitution (Eighteenth Amendment) Act, 2010. (Act No. X of 2010), s. 56.
Page 71 of 176
(5) Notwithstanding any law to the contrary, but subject to the provisions of clause (5) of
Article 154, it shall be the duty of the Federal Government and the Provincial Government concerned
in the matter in issue to give effect to the decision of the Council faithfully according to its terms and
tenor.
(6) No proceeding shall lie before any court at the instance of any party to a matter which is or
has been in issue before the Council, or of any person whatsoever, in respect of a matter which is
actually or has been or might or ought to have been a proper subject of complaint to the Council under
this Article.
1
[156. National Economic Council.__ (1)The President shall constitute a National Economic
Council which shall consist of:__
(a) the Prime Minister, who shall be the Chairman of the Council;
(b) the Chief Ministers and one member from each Province to be nominated by
the Chief Minister; and
(c) four other members as the Prime Minister may nominate from time to time.
(2) The National Economic Council shall review the overall economic condition of the country
and shall, for advising the Federal Government and the Provincial Governments, formulate plans in
respect of financial, commercial, social and economic policies; and in formulating such plans it shall,
amongst other factors, ensure balanced development and regional equity and shall also be guided by
the Principles of Policy setout in Chapter 2 of Part-II.
(3) The meetings of the Council shall be summoned by the Chairman or on a requisition made
by one-half of the members of the Council.
(4) The Council shall meet at least twice in a year and the quorum for a meeting of the Council
shall be one-half of its total membership.
(5) The Council shall be responsible to the Majlis-e-Shoora (Parliament) and shall submit an
Annual Report to each House of Majlis- e-Shoora (Parliament).].
157. Electricity.__ (1) The Federal Government may in any Province construct or cause to be
constructed hydro-electric or thermal power installations or grid stations for the generation of
electricity and lay or cause to be laid inter-Provincial transmission lines 2[:]
3
[Provided that the Federal Government, prior to taking a decision to construct or cause to be
constructed, hydro-electric power stations in any Province, shall consult the Provincial Government
concerned.]
1
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s.57.
2
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s.58.
3
Ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s.58.
Page 72 of 176
(2) The Government of a Province may__
(a) to the extent electricity is supplied to that Province from the national grid, require
supply to be made in bulk for transmission and distribution within the Province;
(b) levy tax on consumption of electricity within the Province;
(c) construct power houses and grid stations and lay transmission lines for use within
the Province; and
(d) determine the tariff for distribution of electricity within the Province.
1
[(3) In case of any dispute between the Federal Government and a Provincial Government in
respect of any matter under this Article, any of the said Governments may move the Council of Common
Interests for resolution of the dispute.]
158. Priority of requirements of natural gas. The Province in which a well-head of natural gas
is situated shall have precedence over other parts of Pakistan in meeting the requirements from that well-
head, subject to the commitments and obligations as on the commencing day.
159. Broadcasting and telecasting.__ (1) The Federal Government shall not unreasonably refuse
to entrust to a Provincial Government such functions with respect to broadcasting and telecasting as may
be necessary to enable that Government__
(a) to construct and use transmitters in the Province; and
(b) to regulate, and impose fees in respect of, the construction and use of transmitters
and the use of receiving apparatus in the Province:
Provided that nothing in this clause shall be construed as requiring the Federal Government to
entrust to any Provincial Government any control over the use of transmitters constructed or maintained
by the Federal Government or by persons authorised by the Federal Government, or over the use of
receiving apparatus by person so authorised.
(2) Any functions so entrusted to a Provincial Government shall be exercised subject to such
conditions as may be imposed by the Federal Government, including, notwithstanding anything contained
in the Constitution, any conditions with respect to finance, but it shall not be lawful for the Federal
Government so to impose any conditions regulating the matter broadcast or telecast by, or by authority of,
the Provincial Government.
(3) Any Federal law with respect to broadcasting and tele-casting shall be such as to secure that
effect can be given to the foregoing provisions of this Article.
(4) If any question arises whether any conditions imposed on any Provincial Government are
lawfully imposed, or whether any refusal by the Federal Government to entrust functions is unreasonable,
the question shall be determined by an arbitrator appointed by the Chief Justice of 2[Federal Constitutional
Court].
(5) Nothing in this Article shall be construed as restricting the powers of the Federal Government
under the Constitution for the prevention of any grave menace to the peace or tranquillity of Pakistan or
any part thereof.
1
Added by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s.58.
2
Subs. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 17.
Page 73 of 176
PART VI
FINANCE, PROPERTY, CONTRACTS AND SUITS
CHAPTER 1.– FINANCE DISTRIBUTION OF REVENUES BETWEEN THE
FEDERATION AND THE PROVINCES
160. National Finance Commission.__ (1) Within six months of the commencing day and
thereafter at intervals not exceeding five years, the President shall 1constitute a National Finance
Commission consisting of the Minister of Finance of the Federal Government, the Ministers of Finance
of the Provincial Governments, and such other persons as may be appointed by the President after
consultation with the Governors of the Provinces.
(2) It shall be the duty of the National Finance Commission to make recommendations to the
President as to__
(a) the distribution between the Federation and the Provinces of the net proceeds of
the taxes mentioned in clause (3);
(b) the making of grants-in-aid by the Federal Government to the Provincial
Governments;
(c) the exercise by the Federal Government and the Provincial Governments of the
borrowing powers conferred by the Constitution; and
(d) any other matter relating to finance referred to the Commission by the President.
(3) The taxes referred to in paragraph (a) of clause (2) are the following taxes raised under the
authority of 2[Majlis-e-Shoora (Parliament)], namely:__
(i) taxes on income, including corporation tax, but not including taxes on income
consisting of remuneration paid out of the Federal Consolidated Fund;
3
[(ii) taxes on the sales and purchases of goods imported, exported, produced,
manufactured or consumed;]
(iii) export duties on cotton, and such other export duties as may be specified by the
President;
(iv) such duties of excise as may be specified by the President; and
(v) such other taxes as may be specified by the President.
4
[(3A) The share of the Provinces in each Award of National Finance Commission shall not be
less than the share given to the Provinces in the previous Award.
1
For the notification constituting the National Finance Commission, see Gaz. of Pak. 1974, Ext., Part II. pp. 191-192.
2
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), Art.2 and Sch.
3
Subs. by the Constitution (Fifth Amendment) Act, 1976 (Act No. LXII of 1976), s. 3, (w.e.f. the 13th September, 1976).
4
Ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 59.
Page 74 of 176
(3B) The Federal Finance Minister and Provincial Finance Ministers shall monitor the
implementation of the Award biannually and lay their reports before both Houses of Majlis-e-Shoora
(Parliament) and the Provincial Assemblies.]
(4) As soon as may be after receiving the recommendations of the National Finance
Commission, the President shall, by 1Order, specify, in accordance with the recommendations of the
Commission under paragraph (a) of clause (2), the share of the net proceeds of the taxes mentioned in
clause (3) which is to be allocated to each Province, and that share shall be paid to the Government of
the Province concerned, and, notwithstanding the provision of Article 78 shall not form part of the
Federal Consolidated Fund.
(5) The recommendations of the National Finance Commission, together with an explanatory
memorandum as to the action taken thereon, shall be laid before both Houses and the Provincial
Assemblies.
(6) At any time before an Order under clause (4) is made, the President may, by Order, make
such amendments or modifications in the law relating to the distribution of revenues between the
Federal Government and the Provincial Governments as he may deem necessary or expedient.
(7) The President may, by Order, make grants in aid of the revenues of the Provinces in need
of assistance and such grants shall be charged upon the Federal Consolidated Fund.
161. Natural gas and hydro-electric power. 2[(1) Notwithstanding the provisions of Article
__
78,
(a) the net proceeds of the Federal duty of excise on natural gas levied at well-head
and collected by the Federal Government and of the royalty collected by the
Federal Government, shall not form part of the Federal Consolidated Fund and
shall be paid to the Province in which the well-head of natural gas is situated;
(b) the net proceeds of the Federal duty of excise on oil levied at well-head and
collected by the Federal Government, shall not form part of the Federal
Consolidated Fund and shall be paid to the Province in which the well-head of
oil is situated.]
(2) The net profits earned by the Federal Government, or any undertaking established or
administered by the Federal Government from the bulk generation of power at a hydro-electric station
shall be paid to the Province in which the hydro-electric station is situated.
Explanation.__ For the purposes of this clause “net profits” shall be computed by deducting
from the revenues accruing from the bulk supply of power from the bus-bars of a hydro-electric station
at a rate to be determined by the Council of Common Interests, the operating expenses of the station,
which shall include any sums payable as taxes, duties, interest or return on investment, and
depreciations and element of obsolescence, and over-heads, and provision for reserves.
1
For such Order, see the Distribution of Revenues and Grants-in-Aid Order, 1975 (P. O. No. 2 of 1975).
2
Subs. by the Constitution (Eighteenth Amendment) Act (Act No. X of 2010), s. 60.
Page 75 of 176
162. Prior sanction of President required to Bills affecting taxation in which Provinces
are interested. No Bill or amendment which imposes or varies a tax or duty the whole or part of the
net proceeds whereof is assigned to any Province, or which varies the meaning of the expression
“agricultural income” as defined for the purposes of the enactments relating to income-tax, as defined
for the purposes of the enactments relating to income-tax, or which affects the principles on which
under any of the foregoing provisions of this Chapter moneys are or may be distributable to Provinces,
shall be introduced or moved in the National Assembly except with the previous sanction of the
President.
163. Provincial taxes in respect of professions, etc. A Provincial Assembly may by Act
impose taxes, not exceeding such limits as may from time to time be fixed by Act of 1[Majlis-e-Shoora
(Parliament)], on persons engaged in professions, trades, callings or employments, and no such Act of
the Assembly shall be regarded as imposing a tax on income.
Miscellaneous Financial Provisions
164. Grants out of Consolidated Fund. The Federation or a Province may make grants for
any purpose, notwithstanding that the purpose is not one with respect to which 1[Majlis- e-Shoora
(Parliament)] or, as the case may be, a Provincial Assembly may make laws.
165. Exemption of certain public property from taxation.__ (1) The Federal Government
shall not, in respect of its property or income, be liable to taxation under any Act of Provincial
Assembly and, subject to clause (2), a Provincial Government shall not, in respect of its property or
income, be liable to taxation under Act of 1[Majlis-e-Shoora (Parliament)] or under Act of the
Provincial Assembly of any other Province.
(2) If a trade or business of any kind is carried on by or on behalf of the Government of a
Province outside that Province, that Government may, in respect of any property used in connection
with that trade or business or any income arising from that trade or business, be taxed under Act of
1
[Majlis-e-Shoora (Parliament)] or under Act of the Provincial Assembly of the Province in which that
trade or business is carried on.
(3) Nothing in this Article shall prevent the imposition of fees for services rendered.
2
[165A. Power of 1[Majlis-e-Shoora (Parliament)] to impose tax on the income of certain
corporations, etc.__ (1) For the removal of doubt, it is hereby declared that 1[Majlis-e-Shoora
(Parliament)] has, and shall be deemed always to have had, the power to make a law to provide for the
levy and recovery of a tax on the income of a corporation, company or other body or institution
established by or under a Federal law or a Provincial law or an existing law or a corporation, company
or other body or institution owned or controlled, either directly or indirectly, by the Federal
Government or a Provincial Government, regardless of the ultimate destination of such income.
(2) All orders made, proceedings taken and acts done by any authority or person, which were
made, taken or done, or purported to have been made, taken or done, before the commencement of the
Constitution (Amendment) Order, 1985, in exercise of the powers derived from any law referred to in
clause (1), or in execution of any orders made by any authority in the exercise or purported exercise
1
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), Art.2 and Sch.
2
Added by the Constitution (Amendment) Order, 1985 (P. O. No. 11 of 1985), Art. 2.
Page 76 of 176
of powers as aforesaid, shall, notwithstanding any judgment of any court or tribunal, including the
Supreme Court and a High Court, be deemed to be and always to have been validly made, taken or
done and shall not be called in question in any court, including 1[the Federal Constitutional Court,] the
Supreme Court and a High Court, on any ground whatsoever.
(3) Every judgement or order of any court or tribunal, including 1[the Federal Constitutional
Court,] the Supreme Court and a High Court, which is repugnant to the provisions of clause (1) or
clause (2) shall be, and shall be deemed always to have been, void and of no effect whatsoever.]
CHAPTER 2.– BORROWING AND AUDIT
166. Borrowing by Federal Government. The executive authority of the Federation extends
to borrowing upon the security of the Federal Consolidated Fund within such limits, if any, as may
from time to time be fixed by Act of 2[Majlis-e-Shoora (Parliament)], and to the giving of guarantees
within such limits, if any, as may be so fixed.
167. Borrowing by Provincial Government.__ (1) Subject to the provisions of this Article,
the executive authority of a Province extends to borrowing upon the security of the Provincial
Consolidated Fund within such limits, if any, as may from time to time be fixed by Act of the Provincial
Assembly, and to the giving of guarantees within such limits, if any, as may be so fixed.
(2) The Federal Government may, subject to such conditions, if any, as it may think fit to
impose, make loans to, or, so long as any limits fixed under Article 166 are not exceeded give
guarantees in respect of loans raised by, any Province, and any sums required for the purpose of making
loans to a Province shall be charged upon the Federal Consolidated Fund.
(3) A Province may not, without the consent of the Federal Government, raise any loan if there
is still outstanding any part of a loan made to the Province by the Federal Government, or in respect
of which guarantee has been given by the Federal Government; and consent under this clause may be
granted subject to such conditions, if any, as the Federal Government may think fit to impose.
3
[(4) A Province may raise domestic or international loan, or give guarantees on the security
of the Provincial Consolidated Fund within such limits and subject to such conditions as may be
specified by the National Economic Council.]
Audit and Accounts
168. Auditor-General of Pakistan.__ (1) There shall be an Auditor-General of Pakistan, who
shall be appointed by the President.
(2) Before entering upon office, the Auditor-General shall make before the Chief Justice of
Pakistan oath in the form set out in the Third Schedule.
4
[(3) The Auditor-General shall, unless he sooner resigns or is removed from office in
accordance with clause (5), hold office for a term of four years from the date on which he assumes
such office or attains the age of sixty-five years, whichever is earlier.]
1
Ins. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 18.
2
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), Art.2 and Sch.
3
Ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 61.
4
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010) s. 62.
Page 77 of 176
1
[(3A) The other terms and conditions of service of the Auditor- General shall be determined
by Act of Majlis-e-Shoora (Parliament); and, until so determined, by Order of the President.]
(4) A person who has held office as Auditor-General shall not be eligible for further
appointment in the service of Pakistan before the expiration of two years after he has ceased to hold
that office.
(5) The Auditor-General shall not be removed from office except in the like manner and on the
like grounds as a Judge of the Supreme Court.
(6) At any time when the office of the Auditor-General is vacant or the Auditor-General is
absent or is unable to perform the functions of his office due to any cause, 2[the President may appoint
the most senior officer in the Office of the Auditor-General to] at as Auditor- General and perform the
functions of that office.
169. Functions and powers of Auditor-General. The Auditor-General shall, in relation to__
(a) the accounts of the Federation and of the Provinces; and
(b) the accounts of any authority or body established by the Federation or a
Province,
perform such functions and exercise such powers as may be determined by or under Act of 3[Majlis-
e-Shoora (Parliament)] and, until so determined, by 4Order of the President.
170. Power of Auditor-General to give directions as to accounts.__ 5[(1)] The accounts of
the Federation and of the Provinces shall be kept in such form and in accordance with such principles
and methods as the Auditor-General may, with the approval of the President, prescribe.
5
[(2) The audit of the accounts of the Federal and of the Provincial Governments and the
accounts of any authority or body established by, or under the control of, the Federal or a Provincial
Government shall be conducted by the Auditor-General, who shall determine the extent and nature of
such audit.]
171. Reports of Auditor-General. The reports of the Auditor-General relating to the accounts
of the Federation shall be submitted to the President, who shall cause them to be laid before the 6[both
Houses of Majlis-e-Shoora (Parliament)] and the reports of the Auditor-General relating to the
accounts of a Province shall be submitted to the Governor of the Province, who shall cause them to be
laid before the Provincial Assembly.
1
Ins. by the Constitution (Eighteenth Amendment), Act, 2010, (Act No. X of 2010), s. 62.
2
Subs. by the Constitution (Eighteenth Amendment), Act, 2010, (Act No. X of 2010), s. 62.
3
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), Art.2 and Sch.
4
For such Order, see the Pakistan (Audit and Accounts) Order, 1973 (P. O. No. 21 of 1973).
5
Re-numbered and added by the Constitution (Eighteenth Amendment) Act 2010 (Act No. X of 2010), s. 63.
6
Subs. by the Constitution (Eighteenth Amendment) Act 2010 (Act No. X of 2010) s. 64.
Page 78 of 176
CHAPTER 3.__ PROPERTY, CONTRACTS, LIABILITIES AND SUITS
172. Ownerless property.__ (1) Any property which has no rightful owner shall, if located in
a Province, vest in the Government of that Province, and in every other case, in the Federal
Government.
(2) All lands, minerals and other things of value within the continental shelf or underlying the
ocean 1[beyond] the territorial waters of Pakistan shall vest in the Federal Government.
2
[(3) Subject to the existing commitments and obligations, mineral oil and natural gas within
the Province or the territorial water adjacent thereto shall vest jointly and equally in that Province and
the Federal Government.]
173. Power to acquire property and to make contracts, etc.__ (1) The executive authority of
the Federation and of a Province shall extend, subject to any Act of the appropriate Legislature, to the
grant, sale, disposition or mortgage of any property vested in, and to the purchase or acquisition of
property on behalf of, the Federal Government or, as the case may be, the Provincial Government, and
to the making of contracts.
(2) All property acquired for the purposes of the Federation or of a Province shall vest in the
Federal Government or, as the case may be, in the Provincial Government.
(3) All contracts made in the exercise of the executive authority of the Federation or of a
Province shall be expressed to be made in the name of the President or, as the case may be, the
Governor of the Province, and all such contracts and all assurances of property made in the exercise
of that authority shall be executed on behalf of the President or Governor by such persons and in such
manner as he may direct or authorize.
(4) Neither the President, nor the Governor of a Province, shall be personally liable in respect
of any contract or assurance made or executed in the exercise of the executive authority of the
Federation or, as the case may be, the Province, nor shall any person making or executing any such
contract or assurance on behalf of any of them be personally liable in respect thereof.
(5) Transfer of land by the Federal Government or a Provincial Government shall be regulated
by law.
174. Suits and proceedings. The Federation may sue or be sued by the name of Pakistan and
a Province may sue or be sued by the name of the Province.
PART VII
THE JUDICATURE
CHAPTER 1.__ THE COURTS
175. Establishment and jurisdiction of courts.__ (1) There shall be 3[a Federal Constitutional
Court of Pakistan, hereinafter referred to as the Federal Constitutional Court] a Supreme Court of
Pakistan 3[hereinafter referred to as the Supreme Court], a High Court for each Province 4[and a High
Court for the Islamabad Capital Territory] and such other courts as may be established by law.
1
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s.65.
2
Ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s.65.
3
Ins. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 19.
4
Ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s.66.
Page 79 of 176
[Explanation.__ Unless the context otherwise requires, the words “High Court” wherever
1
occurring in the Constitution shall include “Islamabad High Court”.]
(2) No court shall have any jurisdiction save as is or may be conferred on it by the Constitution
or by or under any law.
(3) The Judiciary shall be separated progressively from the Executive within 2[fourteen] years
from the commencing day. 3[*]
3
[* * * * * * *]
4
[175A. Appointment of Judges to 5[the Federal Constitutional Court,] 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 5[the
Federal Constitutional Court,] the Supreme Court, High Courts and the Federal Shariat Court, 7[and
for performance evaluation of Judges of the High Courts,] as hereinafter provided.
6
[(2) For appointment of Judges of 5[the Federal Constitutional Court and] the Supreme Court,
the Commission shall consist of__
5
[(i) Chief Justice of the Federal Constitutional Court;
(ii) Chief Justice of the Supreme Court;
(iii) one next most senior Judge each of the Federal Constitutional Court and Members
the Supreme Court;
(iiia) a Judge of the Federal Constitutional Court or the Supreme Court jointly Member;]
and nominated by the Chief Justice of the Federal Constitutional Court and
the Chief Justice of the Supreme Court, for a period of two years;
(iv) Federal Minister for Law and Justice; Member
(v) Attorney-General for Pakistan; Member
(vi) an advocate having not less than fifteen years of practice in the Supreme Member
Court to be nominated by the Pakistan Bar Council for a term of two years;
1
Subs. by the Constitution (Nineteenth Amendment) Act, 2010 (Act No. I of 2011), s.3.
2
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P. O. No. 14 of 1985), Art. 2 and Sch.
3
Subs. and Ins. by the Constitution (Twenty-third Amendment) Act, 2017 (Act No. XII of 2017) and shall cease to form part of the Constitution and shall
stand repealed on the expiration of two years on 6th January, 2019.
4
Ins. by the Constitution (Eighteenth Amendment) 2010 (Act No. X of 2010), s. 67.
5
Ins. and subs. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 20.
6
Ins. and subs. by the Constitution of (Twenty-Sixth Amendment) Act, 2024 (Act No. XXVI of 2024), s. 7.
Page 80 of 176
(vii) two members from the Senate and two members from the National Members
Assembly of whom two shall be from the Treasury Benches, one from
each House, and two from the Opposition Benches, one from each House.
The nomination from the Treasury Benches shall be made by the Leader
of the House and from the Opposition Benches by the Leader of the
Opposition:
Provided that during the time when the National Assembly stands
dissolved, the remaining two members, for the purpose of this paragraph,
shall be nominated from the Senate in the manner as aforesaid, for such
period;
1
[(viii) a woman or non Muslim or a technocrat, other than a member of Majlis- Member;]
e-Shoora (Parliament), who is qualified to be member of the Majlis-e-
Shoora (Parliament), to be appointed by the Speaker of the National
Assembly;
1
[Explanation I.- The senior amongst the Chief Justice of the Federal Constitutional Court and
the Chief Justice of the Supreme Court shall be the Chairperson of the Commission. Their inter se
seniority shall be determined with reference to their dates of appointment as the Chief Justice of the
Federal Constitutional Court and the Chief Justice of the Supreme Court 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 the High Courts.
Explanation II.- If a Judge may not be nominated under paragraph (iiia), one nominee each of
the respective Chief Justices shall be placed before the Commission which shall, by the majority of its
total membership, nominate a Judge under paragraph (iiia) from amongst the nominees.
Explanation III.- If the Chief Justice of the Supreme Court or a Judge mentioned in paragraph
(iii) is to be nominated for appointment as a Judge of the Federal Constitutional Court, the next most
senior Judge, as the case may be, shall act as a member of the Commission in his place.
Explanation IV.- If a Judge appointed under paragraph (iiia) is a Judge of the Supreme Court
and is to be nominated for appointment as a Judge of the Federal Constitutional Court, another Judge
of the Federal Constitutional Court or the Supreme Court shall be nominated under clause (iiia) or
Explanation II, as the case may be, to act as a member of the Commission in his place.]
2
[(3) Notwithstanding anything contained in clause (1), or clause (2), 1[the Chief Justice of
Federal Constitutional Court and the Chief Justice of the Supreme Court] shall be nominated by the
Special Parliamentary Committee, in this Article referred to as the Committee, from amongst the three
most senior Judges of 1[the Federal Constitutional Court or the Supreme Court, as the case may be].
The Committee shall send the name of the nominee to the Prime Minister who shall forward the same
to the President for appointment:
1
[* * * * * * *]
1
Subs. and omitted by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 20.
2
Subs. by the Constitution of (Twenty-Sixth Amendment) Act, 2024 (Act No. XXVI of 2024), s. 7.
Page 81 of 176
1
[Provided that if the nominee under this clause declines to become the Chief Justice, he shall
be deemed to have retired and the three next most senior Judges shall be considered and so on till the
appointment of the Chief Justice of the Federal Constitutional Court or the Chief Justice of the Supreme
Court, as the case may be:
Provided further that notwithstanding anything contained in the Constitution, the President
shall, on advice of the Prime Minister, appoint the first Chief Justice of the Federal Constitutional
Court from amongst the Judges of the Supreme Court:
Provided also and notwithstanding anything contained in the Constitution, the appointment of
the first batch of Judges of the Federal Constitutional Court, shall be made by the President, on advice
of the Prime Minister in consultation with the Chief Justice of the Federal Constitutional Court:
Provided also that the second, third and this proviso shall stand omitted on the appointment of
the first Chief Justice and the Judges under the above said provisos.]
2
[(3A) The Committee shall consist of the following twelve members, namely:—
(i) eight members from the National Assembly; and
(ii) four members from the Senate:
Provided that when the National Assembly stands dissolved, the total membership of the
Committee shall consist of the members from the Senate only mentioned in paragraph (ii) and the
provisions of this Article shall, mutatis mutandis, apply.
(3B) The Parliamentary Parties shall have proportional representation on the Committee, based
on their strength in Majlis-e-Shoora (Parliament), to be nominated by their respective Parliamentary
Leaders. The Chairman and the Speaker of the National Assembly, as the case may be, shall notify
members of the Committee.
(3C) The Committee, by the majority of not less than two-thirds of its total membership, within
fourteen days prior to the retirement of the Chief Justice of 1[the Federal Constitutional Court or the
Chief Justice of the Supreme Court, as the case may be] shall send the nomination as provided in clause
(3) 1[.]
1
[* * * * * * *]
1
Subs. and omitted by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 20.
2
Ins. by the Constitution of (Twenty-Sixth Amendment) Act 2024 (Act No. XXVI of 2024), s. 7.
Page 82 of 176
(3D) No action or decision taken by the Commission or the Committee shall be invalid or called
in question only on the ground of existence of a vacancy therein or of the absence of any member from
any meeting thereof.
(3E) The meetings of the Committee shall be held in camera and the record of its proceedings
shall be maintained.
(3F) The provisions of Article 68 shall not apply to the proceedings of the Committee.
(3G) The Committee may make rules for regulating its procedure.]
1
[(4) The Commission 2[shall] make rules regulating its procedure including the procedure and
criteria for assessment, 2[interview,] evaluation and fitness for appointment of Judges.]
(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 the appointment is being Member
made;
1
(ii) [Head of Constitutional Benches of that High Court] Member
(iii) Provincial Minister for Law; and Member
3
[(iv) an advocate having not less than fifteen years practice in the High Member
Court to be nominated by the concerned Bar Council for a term of
two years 1[.]]
1
[Explanation.—If Head of Constitutional Benches of a High
Court is the Chief Justice of that High Court, the Judge who is next
in seniority shall become member of the Commission:]
3 1
[ [Provided that for appointment of the Chief Justice of a High Court the Judge mentioned in
paragraph (ii), if he is the most senior Judge of a High Court, shall not be member of the Commission:]
Provided further that if for any reason the Chief Justice of a 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
1
[Commission]1[:]]
2
[Provided also that if Article 202A has not come into force for a High Court, the most senior
Judge of such High Court shall be a member of the Commission under paragraph (ii).]
1
Subs. and Ins. by the Constitution of (Twenty-Sixth Amendment) Act 2024 (Act No. XXVI of 2024), s. 7.
2
Subs. and ins. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 20.
3
Subs. by the Constitution (Nineteenth Amendment) Act, 2011 (Act No. I of 2011) s. 4.
Page 83 of 176
(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; 1[*] Member
1
(ii) [Head of Constitutional Benches of that High Member
Court]1[;]
1
[(iii) an advocate having not less than fifteen years of Member
practice in the High Court to be nominated by the
Islamabad Bar Council for a term of two years; and
(iv) a Federal Minister nominated by the Prime Minister: Member]
Provided that for initial appointment of the 2[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
3
[and the Judges] of Islamabad High Court, the 1[Explanation and] 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.
1
[(8) The Commission, by the majority of its total membership, shall nominate one person for
each vacancy of a Judge in 3[the Federal Constitutional Court,] the Supreme Court, a High Court or
the Federal Shariat Court, as the case may be, to the Prime Minister who shall forward the same to the
President for appointment.]
1
(9) [* * * * * * *]
1
(10) [* * * * * * *]
(11) Secretary, 1[National Assembly] shall act as the Secretary of the Committee.
1
(12) [* * * * * * *]
1
(13) [* * * * * * *]
1
(14) [* * * * * * *]
1
(15) [* * * * * * *]
1
(16) [* * * * * * *]
1
(17) [* * * * * * *]
1
[(18) The Commission in clause (2) shall conduct an annual performance evaluation of Judges
of the High Courts.
1
Omitted, subs. added and ins. by the Constitution (Twenty-Sixth Amendment) Act, 2024 (Act No. XXVI of 2024), s. 7
2
Subs. by the Constitution (Nineteenth Amendment) Act, 2011 (Act No. I of 2011) s. 4.
3
Ins. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 20.
Page 84 of 176
(19) If the performance of a Judge of a High Court is found by the Commission to be
inefficient, it shall grant him such period for improvement, as it deems appropriate. If, upon completion
of the period so granted, the performance of such Judge is again found to be inefficient, the
Commission shall send its report to the Supreme Judicial Council.
1
[(20) The Commission shall make rules for the purposes of clauses (18) and (19) within sixty
days of commencement of the Constitution (Twenty-seventh Amendment) Act, 2025.]
(21) For the purposes of this Article and subject to the rules made by the Commission, there
shall be a secretariat of the Commission to be headed by a secretary and shall include such other
officers and staff, as may be necessary.
(22) One-third of the members of the Commission may requisition a meeting of the
Commission by sending a written request to the Chairperson who shall convene the meeting of the
Commission not later than fifteen days from the receipt of such requisition. If the Chairperson fails to
convene a meeting within the aforesaid period, the secretary shall convene the meeting within seven
days of the expiry of the aforesaid period.
(23) For each anticipated or actual vacancy of a Judge in 1[the Federal Constitutional Court,]
the Supreme Court, the Chief Justice of the Federal Shariat Court, the Chief Justice of a High Court, a
Judge in the Federal Shariat Court or a Judge in a High Court, any member of the Commission may
give nominations in the Commission for appointment against such vacancy.]
1
[CHAPTER 1A.- THE FEDERAL CONSTITUTIONAL COURT
175B. Constitution of Federal Constitutional Court.__ (1) The Federal Constitutional Court
shall consist of a Chief Justice to be known as the Chief Justice of the Federal Constitutional Court of
Pakistan hereinafter referred to as the Chief Justice of the Federal Constitutional Court and as many
other Judges as may be determined by Act of Majlis-e-Shoora (Parliament) or, until so determined, as
may be fixed by the President:
Provided that the Federal Constitutional Court shall have equal number of Judges from each
Province and at least one Judge from Islamabad High Court.
Explanation.- In no case the number of Judges from the Islamabad High Court shall exceed the
numbers of Judges from a Province:
Provided further that nothing contained in the first proviso shall effect the functioning of the
Federal Constitutional Court.
(2) The President may, by Order, make necessary provisions for the matters consequential or
ancillary to the establishment and functioning of the Federal Constitutional Court.
175C. Appointment of Federal Constitutional Court Judges.- (1) The Chief Justice of the
Federal Constitutional Court and each of the other Judges thereof shall be appointed by the President
in accordance with Article 175A.
(2) A person shall not be appointed as Judge of the Federal Constitutional Court unless he is a
citizen of Pakistan and-
(a) is or has been a Judge of the Supreme Court; or
1
Subs. and ins. by the Constitution (Twenty-seventh Amendment) Act, 2025 (ACT No. XXXII of 2025), ss. 20-21.
Page 85 of 176
(b) has, for a period of not less than five years, been a Judge of a High Court; or
(c) has, for a period of not less than twenty years, been an advocate of a High Court
and is an advocate of the Supreme Court.
(3) The inter se seniority of Judges appointed under this Article shall be reckoned from the date
they enter upon the office and in case that date is same then on the basis of their age:
Provided that a Judge of the Supreme Court, who holds the said office on the commencement
of the Constitution (Twenty-seventh Amendment) Act, 2025, shall retain his inter se seniority among
Judges other than the Chief Justice of the Federal Constitutional Court.
175D. Oath of Office of the Chief Justice and other judges of the Federal Constitutional
Court. __ Before entering upon office, the Chief Justice of the Federal Constitutional Court shall make
before the President, and any other Judge of the Federal Constitutional Court shall make before the
Chief Justice, oath in the form set out in the Third Schedule.
175E. Original jurisdiction of Federal Constitutional Court.__ (1) The Federal Constitutional 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 Federal Constitutional
Court shall pronounce declaratory judgments only.
(3) Without prejudice to the provisions of Article 199, the Federal Constitutional 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:
Provided that, subject to the satisfaction of the Federal Constitutional Court, the jurisdiction
under this clause shall only be exercised if an application is filed by a person in that Court.
(4) All petitions which fall under this Article and appeals or review applications against
judgments rendered or orders passed under this Article, pending or filed before the Supreme Court or
its Constitutional Benches, prior to commencement of the Constitution (Twenty-seventh Amendment)
Act, 2025, shall forthwith stand transferred to the Federal Constitutional Court and shall only be heard
and decided by the Federal Constitutional Court.
(5) The Federal Constitutional Court may, on its own motion or otherwise, if it considers that
the case involves a substantial question of law as to the interpretation of the Constitution, call for the
record of any case pending before any court and make such order in the case as it thinks fit.
175F. Appellate jurisdiction of the Federal Constitutional Court.__ (1) The Federal
Constitutional Court shall have jurisdiction to hear and determine appeals from judgments, decrees,
final orders or sentences of a High Court as provided herein below –
(a) where an Act of Majlis-e-Shoora (Parliament) so provides;
Page 86 of 176
(b) if the High Court certifies that the case involves a substantial question of law as
to the interpretation of the Constitution; or
(c) from a judgment or an order of a High Court made under Article 199 only if the
Federal Constitutional Court grants leave to appeal:
Provided that no appeal shall lie against a judgment or an order of a High Court made under
Article 199, in a case which relates to rent and family except guardianship and such other matters as
may be determined by law.
(2) All petitions for leave to appeal, appeals or review applications, to which clause (1) apply
or any other proceedings falling within the jurisdiction of the Federal Constitutional Court, filed or
pending before the Supreme Court prior to commencement of the Constitution (Twenty-seventh
Amendment) Act, 2025, stand transferred to the Federal Constitutional Court and shall only be heard
and decided by that Court.
175G. Review of judgments or orders by the Federal Constitutional Court.__The Federal
Constitutional Court shall have the power, subject to the provisions of any Act of Majlis-e-Shoora
(Parliament) and any rules made by the Federal Constitutional Court, to review any judgment
pronounced or any order made by it.
175H. Advisory jurisdiction. __ (1) If, at any time, the President considers that it is desirable
to obtain the opinion of the Federal Constitutional Court on any question of law which he considers of
public importance, he may refer the question to the Federal Constitutional Court for consideration.
(2) The Federal Constitutional Court shall consider a question so referred and report its opinion
on the question to the President.
175I. Retiring Age of the Chief Justice and other judges of the Federal Constitutional
Court. __A Judge of the Federal Constitutional Court shall hold office until he attains the age of sixty-
eight years, unless he sooner resigns or is removed from office in accordance with the Constitution:
Provided that the term of office of the Chief Justice of the Federal Constitutional Court shall
be three years or unless he sooner resigns or he attains the age of sixty-eight years or is removed from
his office in accordance with the Constitution, whichever is earlier:
Provided further that the Chief Justice of the Federal Constitutional Court on completion of his
term of three years shall stand retired notwithstanding his age of superannuation.
175J. Acting Chief Justice of the Federal Constitutional Court. __At any time when__
(a) the office of Chief Justice of the Federal Constitutional Court is vacant; or
(b) the Chief Justice of the Federal Constitutional Court is absent or is unable to
perform the functions of his office due to any other cause,
the President shall appoint one of the other Judges of the Federal Constitutional Court to act as its
Chief Justice.
175K. Acting Judges of the Federal Constitutional Court.__ (1) At any time when__
(a) the office of a Judge of the Federal Constitutional Court is vacant; or
Page 87 of 176
(b) a Judge of the Federal Constitutional 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 175A, appoint a Judge of the
Supreme Court or a High Court who is qualified for appointment as a Judge of the Federal
Constitutional Court to act temporarily as a Judge of the Federal Constitutional Court.
Explanation.__ In this clause, Judge of the Supreme Court or a High Court includes a person
who has retired as a Judge of the Supreme Court or a High Court.
(2) An appointment under this Article shall continue in force until it is revoked by the President.
175L. Seat of the Federal Constitutional Court.__ (1) The permanent seat of the Federal
Constitutional Court shall be at Islamabad.
(2) The Federal Constitutional Court may from time to time sit at such other places as the Chief
Justice of the Federal Constitutional Court, with the prior approval of the President, may appoint.]
CHAPTER 2.__ THE SUPREME COURT OF PAKISTAN
176. Constitution of Supreme Court. The Supreme Court shall consist of a Chief Justice to
be known as the Chief Justice 1[of Supreme Court] 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 1[:]
1
[Provided that and notwithstanding anything contained in the Constitution, the incumbent
Chief Justice shall be and continue to be known as the Chief Justice of Pakistan during his term in
office.]
177. Appointment of Supreme Court Judges.__ 3[(1) The Chief Justice of 1[Supreme Court]
and each of the other Judges of the Supreme Court shall be appointed by the President in accordance
with Article 175A.]
4
[(2) A person shall not be appointed as 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; or
(b) has, for a period of not less than fifteen years, been an advocate of a High Court and is an
advocate of the Supreme Court.]
178. Oath of Office. Before entering upon office, the Chief Justice of 1[Supreme Court] 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.
5
[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 4[:]]
4
[Provided that the term of the Chief Justice of 1[Supreme Court] shall be three years or unless he sooner
resigns or attains the age of sixty-five years or is removed from his office in accordance with the Constitution,
whichever is earlier:
1
Ins., subs. and added by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), ss. 22-25.
2
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), Art.2 and Sch.
3
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s.68.
4
Subs. and added by the Constitution of (Twenty-Sixth Amendment) Act 2024 (Act No. XXVI of 2024), ss. 8-9.
5
Article 179 subs. by the Constitution (Seventeenth Arndt.) Act, 2003 (Act No. III of 2003), s.6 (see also Article 267B).
Page 88 of 176
Provided further that the Chief Justice of 1[Supreme Court] on completion of his term of three
years shall stand retired notwithstanding his age of superannuation.]
180. Acting Chief Justice. At any time when__
(a) the office of Chief Justice of 1[the Supreme Court] is vacant; or
(b) the Chief Justice of 1[the Supreme Court] is absent or is unable to perform the
functions of his office due to any other cause,
the President shall appoint 2[1[one] of the other Judges of the Supreme Court] to act as Chief
Justice of 1[the Supreme Court].
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.
[Explanation.__ In this clause, ‘Judge of a High Court’ includes a person who has retired as a
3
Judge of a High Court.]
(2) An appointment under this Article shall continue in force until it is revoked by the President.
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
1
[Supreme Court] 4[, 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,
1
Subs. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), ss. 25-27.
2
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P. O. No. 14 of 1985). Art. 2 and Sch.
3
Added by the Constitution (Amendment) Order, 1982 (P. O. No. 2 of 1982), Art. 2.
4
Inserted by the Constitution (Nineteenth Amendment) Act, 2011 (Act No. I of 2011), s. 5.
Page 89 of 176
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.
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
1
[Supreme Court], with the approval of the President, may appoint.
(3)1[* * * * * * *]
184. 1[* * * * * * *]
1[185, Appellate jurisdiction of the Supreme Court. (1) Subject to this Article and Article
175F, the Supreme Court shall have jurisdiction to hear and determine appeals from judgments,
decrees, final orders or sentences of a High Court.
(2) An appeal shall lie to the Supreme Court from any judgment, 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
(b) if the High Court has imposed any punishment on any person for contempt of
the High Court; or
(c) 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 one million rupees
or such other sum as may be specified in that behalf by Act of 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 or tribunal
immediately below; or
(d) 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 or tribunal immediately below.
(3) An appeal to the Supreme Court, from a judgment, decree, order or sentence of a High
Court in case to which clause (2) does not apply shall lie only if the Supreme Court grants leave to
appeal:
_______________________________________________________________________________________
1
Subs. and omitted by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), ss. 28-30.
Page 90 of 176
Provided that no appeal shall lie to the Supreme Court in cases to which clause (1) of Article
175F applies.]
186. 1[* * * * * * *]
186A.1[* * * * * * *]
{ 187. Issue and execution of processes of 1[Federal Constitutional Court and] Supreme
Court.__ (1) 2[Subject to clause (2) of Article 175, 1[the Federal Constitutional Court and] 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 3[:]
3
[Provided that no order under this clause shall be passed otherwise than in pursuance of any
jurisdiction vested in and exercised by 1[the Federal Constitutional Court and] the Supreme Court.]
(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.
188. Review of judgments or orders by the Supreme Court. The Supreme Court shall have
power, subject to the provisions of any Act of 4[Majlis-e-Shoora (Parliament)] and of any rules made
by the Supreme Court, to review any judgment pronounced or any order made by it.
1[189. Decisions of Federal Constitutional Court and Supreme Court binding on other
courts. __ (1) Any decision of the Federal Constitutional 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 including the Supreme Court.
(2) 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 except the
Federal Constitutional Court.]
190. Action in aid of 1[Federal Constitutional Court and] Supreme Court. All executive and
judicial authorities throughout Pakistan shall act in aid of 1[the Federal Constitutional Court and] the
Supreme Court.
1[191. Rules of procedure.- Subject to the Constitution and any Act of Majlis-e-Shoora
(Parliament), the Federal Constitutional Court and the Supreme Court may make rules regulating their
respective practice and procedure.]
191A. 1[* * * * * * *]
1
Omitted, Ins. and subs. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), ss. 31-37.
2
Subs. by the Constitution (Fifth Amendment) Act, 1976 (Act No. LXII of 1976), s. 7, (w.e.f. the 13th September, 1976).
3
Subs. and Added by the Constitution of (Twenty-Sixth Amendment) Act, 2024 (Act No. XXVI of 2024), ss. 13.
4
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), Art.2 and Sch.
Page 91 of 176
CHAPTER 3.__ THE HIGH COURTS
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.
1
[(2) The Sind and Baluchistan High Court shall cease to function as a common High Court for the
Provinces of Baluchistan and Sind.
(3) The President shall, by 2Order, establish a High Court for each of the Provinces of Baluchistan
and Sind 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 the 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.]
3
[(4)] The jurisdiction of a High Court may, by Act of 4[Majlis-e- Shoora (Parliament)], be
extended to any area in Pakistan not forming part of a Province.
193. Appointment of High Court Judges.__ 5[(1) The Chief Justice and each of other Judges
of a High Court shall be appointed by the President in accordance with Article 175A.]
6
[(2) A person shall not be appointed as a Judge of a High Court unless he is a citizen of
Pakistan, is not less than forty years of age, and—
(a) he has, for a period of not less than ten years, been an advocate of a High Court; or
(b) he has, for a period of not less than ten years, held a judicial office in Pakistan.
Explanation.__ In computing the period during which a person has been an advocate of a High
Court or has 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) 3[* * * * * * *]
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 5[:]
5
[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.]
7[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].
1
Subs. by the Constitution (Fifth Amendment) Act, 1976 (Act No. LXII of 1976), s. 8, (w.e.f. the 1st December, 1976).
2
For such Order, in respect of establishment of High Courts for Baluchistan and Sind, see the P O. No. 6 of 1976, dated the 29th November, 1976, see
Gaz. of Pak. 1976, Ext., Pt. 1, pp.595—599.
3
Subs. and omitted by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), ss. 38-39.
4
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), Art.2 and Sch.
5
Subs. and added by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s.69-70.
6
Subs by the Constitution (Twenty-Sixth Amendment) Act, 2024 (Act No. XXVI of 2024), s. 15.
7
Subs. by the Constitution (Seventeenth Amendment) Act, 2003 (Act No. III of 2003), s.7 (see also Article 267B).
Page 92 of 176
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 1[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.
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.
198. Seat of the High Court.__ 2[(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.
3
[(1A) The High Court for Islamabad Capital Territory shall have its principal seat at Islamabad.]
4
[(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 5[, Mingora] and Dera Ismail Khan and the High Court of Balochistan shall have a Bench at
Sibi 6[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.]
1
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985) Art. 2 and Sch.
2
Re-numbered by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985) Art. 2 and Sch.
3
Ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 71.
4
Added by the Revival of the Constitution of 1973 Order, 1985 (P. O. No. 14 of 1985), Art. 2 and Sch.
5
Ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 71.
6
Added by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 71
Page 93 of 176
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.
1
[(1A) For removal of doubt, the High Court shall not make an order or give direction or make a
declaration on its own or in the nature of suo motu exercise of jurisdiction beyond the contents of any application
filed under clause (1).]
(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.
2
[(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.]
3
[(3A) * * * * * * *]
3
[(3B) * * * * * * *]
3
[(3C) * * * * * * *]
(4) Where__
(a) an application is made to a High Court for an order under paragraph (a) or paragraph
(c) of clause (1), and
1
Ins. by the Constitution (Twenty-sixth Amendment) Act 2024 (Act No. XXVI of 2024), s. 16.
2
Subs. by the Constitution (First Amendment) Act, 1974 (Act No. XXXIII of 1974), s. 9, (w.e.f. the 4th May, 1974).
3
Omitted by the Revival of the Constitution of 1973 Order, 1985 (P. O. No. 14 of 1985), Art. 2 and Sch.
Page 94 of 176
(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 1[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.
2
[(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 :
3
[Provided that, for reasons to be recorded, an interim order may be extended only for a period
upto six months.]]
4
[(4B) Every case in which, on an application under clause (1), the High Court has made an
interim order shall be disposed of by the High Court on merits within six months from the day on
which it is made, unless the High Court is prevented from doing so for sufficient cause to be recorded.]
(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 3[Federal Constitutional Court or 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.
__________________________________________________________________________________________________________________________________________________________________________________________________
1
Ins. by the Revival of the Constitution of 1973 Order,1985 (P. O. No. 14 of 1985), Art. 2 and Sch.
2
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 72.
3
Subs. and ins. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 40.
4
Clause (4B) restored by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 2.
Page 95 of 176
1
[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 on the recommendation of and on such terms and conditions
as may be determined by the Judicial Commission of Pakistan as mentioned in clause (2) of Article 175A:
Provided that the Chief Justices of both High Courts shall also be members of the Judicial
Commission of Pakistan for the purposes of this clause:
Provided further that the Judicial Commission of Pakistan before making recommendation under
this clause may hear the Judge.
Explanation. – In this Article, “Judge” does not include a Chief Justice 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) The seniority of a Judge of a High Court transferred under clause (1) shall be reckoned from
the date of his initial appointment as a Judge of the High Court:
Provided that no Judge shall be transferred to a High Court where on transfer he becomes senior to
the Chief Justice of such High Court.
(3) Where a Judge is so transferred, he shall be entitled to such additional allowances and privileges,
in addition to his salary and allowances, as the President may, by Order, determine.
(4) A Judge of a High Court who does not accept a transfer under this Article shall be proceeded
against under Article 209 within a period of thirty days. Such Judge shall not perform his functions till such
time the Council under Article 209 renders its decision.]
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.
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.
2
[202A. Constitutional Benches of High Courts.— (1) There shall be Constitutional Benches of
a High Court comprising such Judges of a High Court and for such term as may be nominated and
determined by the Judicial Commission of Pakistan as constituted under clause (5) of Article 175A, from
time to time.
(2) The most senior Judge amongst Judges nominated under clause (1) shall be the Head of the
Constitutional Benches.
1
[(3) No Bench of a High Court other than a Constitutional Bench shall exercise jurisdiction vested
in the High Court under Article 199.]
(4) For the purposes of clause (1), a Bench, to be nominated by a committee comprising the Head
of the Constitutional Benches and next two most senior Judges from amongst the Judges nominated under
clause (1), shall hear and dispose of such matters.
(5) All petitions under sub-paragraph (i) of paragraph (a) and paragraph (c) of clause (1) of Article
199 or appeals therefrom, pending or filed in a High Court prior to commencement of the
1
Subs. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), ss. 41-42.
2
Ins. by the Constitution (Twenty-Sixth Amendment) Act, 2024 (Act No. XXVI of 2024), s. 17.
Page 96 of 176
Constitution (Twenty-sixth Amendment) Act, 2024 (XXVI of 2024), subject to clause (7), forthwith stand
transferred to the Constitutional Benches and shall only be heard and decided by Benches constituted under
clause (4).
(6) Notwithstanding anything contained in the Constitution but subject to an Act of Majlis-e-Shoora
(Parliament) in respect of the Islamabad High Court and an Act of Provincial Assembly in respect of other
respective High Courts, a High Court may make rules regulating the practice and procedure of the Constitutional
Benches.
(7) This Article shall come into force, if in respect of–
(a) the Islamabad High Court, both Houses of *[Majlis-e-Shoora] (Parliament) in the joint
sitting; and
(a) a High Court, the respective Provincial Assembly,
through a resolution passed by majority of the total membership of the joint sitting or the
respective Provincial Assembly, as the case may be, give effect to the provisions of this Article.]
203. High Court to superintend subordinate Courts. Each High Court shall supervise and control all
courts subordinate to it.
1
[CHAPTER 3A
FEDERAL SHARIAT COURT
203A. Provisions of Chapter to override other provisions of Constitution.__ The provisions of this
Chapter shall have effect notwithstanding anything contained in the Constitution.
203B. Definitions.__ In this Chapter, unless there is anything repugnant in the subject or context,__
2
[(a) ‘Chief Justice’ means Chief Justice of the Court;]
(b) “Court” means the Federal Shariat Court constituted in pursuance of Article 203C ;
3
[(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 4[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
5
[* * * * * * *]
203C. The Federal Shariat Court.__ (1) There shall be constituted for the purposes of this Chapter a
Court to be called the Federal Shariat Court.
6
[(2) The Court shall consist of not more than eight Muslim 7[Judges], including the 7[Chief Justice], to
be appointed by the President 8[in accordance with Article 175A].
1
Subs. by the Constitution (Amendment) Order, 1980 (P.O. No. 1 of 1980). Art. 3, (w.e.f. 26th May, 1980).
2
Subs. by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982), Art. 2.
3
Ins. by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982), Art. 2.
4
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch.
5
Omitted by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982), Art. 2.
6
Subs. by the Constitution (Second Amendment) Order, 1981 (P. O. No. 7 of 1981), Art. 2.
7
Subs. by the Constitution (Second Amendment) Order, 1982, (P. O. No. 5 of 1982), Art. 3.
8
Ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 74.
*
Corrected through corrigendum by the Legal Aid and Justice Authority (Amendment) Act, 2024 (Act No. XXIX of 2024).
Page 97 of 176
1
[(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 2[or a Judge of the Federal Shariat
Court qualified to be a Judge of the Supreme 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 3[having at least fifteen
years experience in Islamic law, research or instruction].]
(4) The 4[Chief Justice] and a 5[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 5[Judge] 6[* * * * * *] except
with his consent and 7[, except where the Judge is himself the Chief Justice,] after consultation by the
President with the Chief Justice of the High Court.
8
[(4A) The 4[Chief Justice], if he is not a Judge of the Supreme Court, and a 5[Judge] who is not a
Judge of a High Court, may, by writing under his hand addressed to the President, resign his office.]
9
[(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.]
(4C) 10[* * * * * * *]
(5) 10[* * * * * * *]
(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 4[Chief Justice] may, with the approval of the President, appoint.
(7) Before entering upon office, the 4[Chief Justice] and a 5[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 4[Chief Justice] or a 5[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 4[Chief Justice]
or, as the case may be, 5[Judge].
11
[(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.]
203CC. [Penal of Ulema and Ulema members.] Omitted by the Constitution (Second Amendment)
Order, 1981 (P.O. No. 7 of 1981), Art. 3, which was previously ins. by P.O. No. 5 of 1981, Art. 2.
1
Subs. by the Constitution (Third Amendment) Order 1985 (P. O. No. 24 of 1985), Art. 4.
2
Ins. by the Constitution (Twenty-Sixth Amendment) Act, 2024 (Act No. XXVI of 2024), s. 18.
3
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 74.
4
Subs. by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982), Art. 3.
5
Subs. by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982), Art. 3.
6
Omitted by the Constitution (Eighteenth Amendment) Act 2010 (Act No. X of 2010), s. 74.
7
Subs. by the Constitution (Second Amendment) Order, 1980 (P. O. No. 4 of 1980), Art. 2.
8
Ins. by the Constitution (Second Amendment) Order, 1980 (P. O. No. 4 of 1980), Art. 2.
9
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 74.
10
Omitted by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 74.
11
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 74, and shall be deemed always to have been so, substituted.
with effect from the 21st day of August 2002.
Page 98 of 176
203D. Powers, jurisdiction and functions of the Court.__ (1) The Court may, 1[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.
2
[(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 3[* * * * *] or to the Provincial Government in the case of a law with respect
to a matter not enumerated 4[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 5[:]
6
[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 7[:]]
7
[Provided further that appeal against decision given after the commencement of the
Constitution (Twenty-sixth Amendment) Act, 2024 (XXVI of 2024) shall be disposed of within twelve
months whereafter the decision shall take effect unless suspended by the Supreme Court.]
(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.
8
[* * * * * * *]
1
Ins. by the Constitution (Second Amendment) Order, 1982 (P.O. No. 5 of 1982), Art. 4.
2
Ins. by the Constitution (Amendment) Order, 1984 (P. O. No. 1 of 1984), Art. 2.
3
Omitted by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 75.
4
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 75.
5
Subs. by the Constitution (Amendment) order, 1984 (P.O. No. 1 of 1984), Art. 2, and shall be deemed always to have been so substituted.
6
Added and shall be deemed always to have been so added ibid.
7
Subs. and added by the Constitution (Twenty-Sixth Amendment) Act, 2024 (Act No. XXVI of 2024), s. 19.
8
Omitted by the Constitution (Second Amendment) Order, 1980 (P. O. No. 4 of 1980), Art. 3.
Page 99 of 176
1
[203DD. 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 authorise 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.]
203E. 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.
1
Subs. by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982), Art. 5.
Page 100 of 176
(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.]
203F. 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.]
6
[(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.
1
Subs. by the Constitution (Second Amendment) Order, 1980 (P. O. No. 4 of 1980), Art. 5.
2
Added by the Constitution (Amendment) Order, 1981 (P. O. No. 5 of 1981), Art. 3.
3
Subs. by the Constitution (Third Amendment) Order, 1983 (P. O. No. 9 of 1983), Art. 2.
4
Added ibid.
5
Ins. by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982), Art. 6.
6
Subs. by the Constitution (Third Amendment) Order, 1982 (P. O. No. 12 of 1982), Art. 2.
Page 101 of 176
(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.]
203G. 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.
1
[203GG. 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.]
203H. 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.
203I. [Administrative arrangements, etc.,] Omitted by the Constitution (Second Amendment)
Order, 1982, (P.O. No. 5 of 1982), Art. 8.
203J. 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; 2[*]
(b) the form of oath to be made by a Jurisconsult, expert or witness appearing before
the Court 3[;]
1
Ins. by the Constitution (Second Amendment) Order, 1982 (P. O. No. 5 of 1982), Art. 7.
2
Omitted by the Constitution (Second Amendment) Order, 1980 (P. O. No. 4 of 1980), Art. 6.
3
Subs. ibid.
Page 102 of 176
1
[(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.]
CHAPTER 4. – GENERAL PROVISIONS RELATING TO THE JUDICATURE
[204. Contempt of Court.__ (1) In this Article, “Court” means the 3[Federal Constitutional
2
Court or 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.]
205. Remuneration etc., of Judges.__ The remuneration and other terms and conditions of
service of a Judge of 3[Federal Constitutional Court or] the Supreme Court or of a High Court shall be
as provided in the Fifth Schedule.
206. Resignation.__ 4[(1)] A Judge of the 3[Federal Constitutional Court or of the] Supreme
Court or of a High Court may resign his office by writing under his hand addressed to the President.
3
[(2) A Judge of a High Court who does not accept appointment as a Judge of the Federal
Constitutional Court or the Supreme Court or a Judge of the Supreme Court who does not accept
appointment as a Judge of the Federal Constitutional Court shall be deemed to have retired from his
office and, on 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.]
1
Added by the Constitution (Second Amendment) Order, 1980 (P. O. No. 4 of 1980), Art. 6.
2
Subs. by the Revival of the Constitution of 1985 (P. O. No. 14 of 1985), Art. 2 and Sch.
3
Ins. and sub. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), ss. 43-45.
4
Renumbered by the Constitution (Fifth Amendment) Act, 1976 (Act No. LXII of 1976), s. 14, (w.e.f. the 13th September, 1976).
Page 103 of 176
207. Judge not to hold office of profit, etc.__ (1) A Judge of the 1[Federal Constitutional Court
or 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 1[Federal Constitutional Court or 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 1[Federal Constitutional Court or of the Supreme Court], shall not plead
or act in any court or before any authority in Pakistan; 1[and]
(b) of a High Court, shall not plead or act in any court or before any authority within
its jurisdiction 1[.]
1
(c) [* * * * * * *]
208. Officers and servants of Courts. The 1[Federal Constitutional Court, the] 2[Supreme
Court, the Federal Shariat Court and the Islamabad High 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 1[:]
1
[Provided that till such time rules are made in this regard, the rules providing for the
appointment of officers and servants of the Supreme Court and for their terms and conditions of
employment shall mutatis mutandis apply to the officers and servants of the Federal Constitutional
Court.]
2
[209. Supreme Judicial Council.—(1) There shall be a Supreme Judicial Council of Pakistan,
in this Chapter referred to as the Council.
1
[(2) The Council shall consist of—
(a) the Chief Justice of the Federal Constitutional Court;
(b) the Chief Justice of the Supreme Court;
(c) one next most senior Judge each of the Federal Constitutional Court and the
Supreme Court;
1
Subs., ins. omitted and added by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), ss. 46-48.
2
Subs. by the Constitution (Twenty-Sixth Amendment) Act, 2024 (Act No. XXVI of 2024). ss.20-21.
Page 104 of 176
(d) a Judge of the Federal Constitutional Court or the Supreme Court jointly
nominated by the Chief Justice of the Federal Constitutional Court and the Chief
Justice of the Supreme Court, for a period of two years;
(e) the two most senior Chief Justices of the High Courts.
Explanation I. – The senior amongst the Chief Justice of the Federal
Constitutional Court and the Chief Justice of the Supreme Court shall be the
Chairperson of the Council. Their inter se seniority shall be determined with
reference to their dates of appointment as the Chief Justices of the Federal
Constitutional Court and the Chief Justice of the Supreme Court otherwise than
as acting Chief Justice, in case the dates of such appointment are the same, with
reference to their dates of appointment as Judges of the High Courts.
Explanation II. – If a Judge may not be nominated under paragraph (d), the
respective Chief Justices shall forward one nominee each to the President who shall,
on advice of the Prime Minister, nominate one of them as a Judge under paragraph (d).
Explanation III. – For the purposes 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 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 the High Courts.]
1
[(3) If at any time, the Council is inquiring into the capacity, inefficiency 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 if such member is the–
(a) Chief Justice or Judge of the Federal Constitutional Court or the Supreme Court,
as the case may be, the Judge who is next in seniority below the Judges referred
to in paragraph (c) of clause (2), as the case may be;
(b) Judge of the Federal Constitutional Court or the Supreme Court referred to in
paragraph (d) of clause (2), another Judge nominated under paragraph (d) or
Explanation II of clause (2); and
(c) 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.
(5) If, on information from any source or the report from the Commission under clause (19) of
Article 175A 1[and Article 200], the Council or the President is of the opinion that a Judge 1[of the
Federal Constitutional Court or] 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
1
Subs. and ins. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 48.
Page 105 of 176
(b) may be inefficient in the performance of the duties of his office; or
(c) may have been guilty of misconduct, 1[or]
1
[(d) does not accept a transfer under Article 200.]
the Council, on its own motion or on receipt of report from the Commission under clause (19) of
Article 175A 1[and Article 200] or on the direction of the President, shall inquire into the matter.
(6) If, after inquiring into the matter, without unnecessary delay and in case of report or
direction under clause (5), within six months 1[and within thirty days in case where paragraph (d)
applies], the Council reports to the President that it is of the opinion that –
(a) the Judge is incapable of performing the duties of his office or is found inefficient
in performance of the duties of his office or has been guilty of misconduct 1[or
does not accept transfer under Article 200]; and
(b) he should be removed from office,
the President may remove the Judge from office.
(7) A Judge 1[of the Federal Constitutional Court or] 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 1[the Federal
Constitutional Court,] the Supreme Court and the High Courts.
(9) Subject to the rules made by the Council, there shall be a secretariat of the Council to be
headed by a secretary and shall include such other officers and staff, as may be necessary.]
1
[(10) Within sixty days of commencement of the Constitution (Twenty-seventh Amendment)
Act, 2025, the Council shall make rules regulating its procedure and conduct of business.]
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 1[the Federal Constitutional
Court or 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 1[the Federal Constitutional Court or the Supreme Court.]
(2) The provisions of Article 204 shall apply to the Council as they apply to the 1[Federal
Constitutional Court, the Supreme Court] and a High Court.
1
Ins. and subs. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 48-49.
Page 106 of 176
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.
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, 5[Majlis-e-Shoora (Parliament)] by law6 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.
212A. [Establishment of Military Courts or Tribunals.] Omitted by S.R.O. No. 1278 (1) 85,
dated 30-12-85, read with proclamation of withdrawal of Martial Law dated 30-12-85 see Gaz. of P.
1985, Ext., Pt. 1, dated 30-12-85, pp. 431-432, which was previously added by P.O. No. 21 of 1979,
Art. 2.
1
Subs. by the Constitution (First Amendment) Act, 1974 (Act No. XXXIII of 1974), s. 12 and shall be deemed always to have been so substituted.
2
Ins. and shall be deemed always to have been so inserted ibid.
3
Ins. by the Constitution (First Amendment) Act, 1974 (Act No. XXXIII of 1974) s. 12 and shall be deemed always to have been so inserted.
4
Ins. by the Constitution (Fifth Amendment) Act, 1976 (Act No. LXII of 1976), s. 15 and shall be deemed always to have been so inserted.
5
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), Art.2 and Sch.
6
For such law see the Provincial Service Tribunals (Extension of Provisions of the Constitution) Act, 1974 (Act No. XXXII of 1974).
Page 107 of 176
212B. [Establishment of Special Courts for trial of heinous offences.] Repealed by the
Constitution (Twelfth Amendment) Act, 1991 (14 of1991), s. 1 (3), (w.e.f. 26th July, 1994), which was
previously added by Act 14 of 1991 s. 2, (w.e.f. 27th July, 1991).
PART VIII
ELECTIONS
CHAPTER 1.__ CHIEF ELECTION COMMISSIONER AND ELECTION 1[COMMISSION]
213. Chief Election Commissioner.__ (1) There shall be a Chief Election Commissioner (in
this Part referred to as the Commissioner), who shall be appointed by the President 2[* * *].
1
[(2) No person shall be appointed to be Commissioner unless he has been a Judge of the
Supreme Court or has been a senior civil servant or is a technocrat and is not more than sixty-eight
years of age.
Explanation 1.__ “senior civil servant” means a civil servant who has served for at least twenty
years under Federal or a Provincial Government and has retired in BPS-22 or above.
Explanation 2.__ “technocrat” means a person who is the holder of a degree requiring
conclusion of at least sixteen years of education, recognized by the Higher Education Commission and
has at least twenty years of experience, including a record of achievements at the national or
international level.]
3
[(2A) The Prime Minister shall in consultation with the Leader of the Opposition in the
National Assembly, forward three names for appointment of the Commissioner to a Parliamentary
Committee for hearing and confirmation of any one person 1[:]
1
[Provided that in case there is no consensus between the Prime Minister and the Leader of the
Opposition, each shall forward separate lists to the Parliamentary Committee for consideration which
may confirm any one name.]
(2B) The Parliamentary Committee to be constituted by the Speaker shall comprise fifty
percent members from the Treasury Benches and fifty percent from the Opposition Parties, based on
their strength in Majlis-e-Shoora (Parliament), to be nominated by the respective Parliamentary
Leaders:
1
[* * * * * * *]
4
[Provided 1[*] that the total strength of the Parliamentary Committee shall be twelve members
out of which one-third shall be from the Senate.]
Provided 1[further] that when the National Assembly is dissolved and a vacancy occurs in the
office of the Chief Election Commissioner, 5[total membership of the Parliamentary Committee shall
consist of] the members from the Senate only and the foregoing provisions of this clause shall, mutatis
mutandis, apply.]
1
Subs., Ins. and Omitted by the Constitution (Twenty-second Amendment) Act, 2016 (Act No. XXV of 2016), ss. 3-4.
2
Omitted by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 77.
3
Ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 77.
4
Subs. by the Constitution (Nineteenth Amendment) Act, 2011 (Act No. I of 2011), s. 6.
5
Subs. by the Constitution (Nineteenth Amendment) Act, 2011 (Act No. I of 2011), s. 6.
Page 108 of 176
(3) The Commissioner 1[or a member] shall have such powers and functions as are conferred
on him by the Constitution and law.
214. 2[*] Oath of Office. Before entering upon office, the Commissioner shall make before the
Chief Justice of Pakistan 2[, and a member of the Election Commission shall make before the
Commissioner,] oath in the form set-out in the Third Schedule.
215. Term of office of Commissioner 2[and members].__ (1) The Commissioner 2[and a
member] shall, subject to this Article, hold office for a term of 3[five] years from the day he enters
upon his office:
1
[Provided that two of the members shall retire after the expiration of first two and a half years
and two shall retire after the expiration of the next two and a half years:
4
[Provided further that the Commissioner and a member shall, notwithstanding the expiration
of his term, continue to hold office until his successor enters upon the office:]
Provided 4[also] that the Commission shall for the first term of office of members draw a lot as
to which two members shall retire after the first two and a half years:
Provided also that the term of office of a member appointed to fill a casual vacancy shall be
the un-expired term of office of the member whose vacancy he has filled.]
5
[* * * * * * *]
(2) The Commissioner 2[or a member] shall not be removed from office except in the manner
prescribed in Article 209 for the removal from office of a Judge and, in the application of the Article
for the purposes of this clause, any reference in that Article to a Judge shall be construed as a reference
to the Commissioner 2[or, as the case may be, a member].
(3) The Commissioner 2[or a member] may, by writing under his hand addressed to the
President, resign his office.
1
[(4) Vacancy in the office of the Commissioner or a member shall be filled within forty-five
days.]
216. Commissioner 2[and members] not to hold office of profit.__ (1) The Commissioner
2
[or a member] shall not__
(a) hold any other office of profit in the service of Pakistan; or
(b) occupy any other position carrying the right to remuneration for the rendering
of services.
(2) A person who has held office as Commissioner 2[or a member] shall not hold any office of
profit in the service of Pakistan before the expiration of two years after he has ceased to hold that office
1
[.]
1
Ins. and subs. by the Constitution (Twenty-second Amendment) Act, 2016 (Act No. XXV of 2016), ss.4-6.
2
Omitted, Ins. and added by the Constitution (Twentieth Amendment) Act, 2012 (Act No. V of 2012), ss.3-5.
3
Subs by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s.78.
4
Ins. and Subs. by the Constitution (Twenty-Sixth Amendment) Act, 2024 (Act No. XXVI of 2024), s.22.
5
Omitted by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 78.
Page 109 of 176
1
[* * * * * * *]
2
[* * * * * * *]
217. Acting Commissioner. At any time when__
(a) the office of Commissioner is vacant, or
(b) the Commissioner is absent or is unable to perform the functions of his office
due to any other cause,
1
[the most senior member in age of the members of Commission] shall act as Commissioner.
218. Election Commission.__ 2[(1) For the purpose of election to both Houses of Majlis-e-
Shoora (Parliament), Provincial Assemblies and for election to such other public offices as may be
specified by law, a permanent Election Commission shall be constituted in accordance with this
Article.]
2
[(2) The Election Commission shall consist of,__
(a) the Commissioner who shall be the Chairman of the Commission; and
1
[(b) four members, one from each Province, each of whom shall be a person who
has been a judge of a High Court or has been a senior civil servant or is a
technocrat and is not more than sixty-five years of age, to be appointed by the
President in the manner provided for appointment of the Commissioner in
clauses (2A) and (2B) of Article 213.]
Explanation.__ “senior civil servant” and “technocrat” shall have the
same meaning as given in clause (2) of Article 213.]
(3) It shall be the duty of the Election Commission 3[******] to organize and conduct the
election and to make such arrangements as are necessary to ensure that the election is conducted
honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against.
219. Duties of 1[Commission]. The 2[Commission] shall be charged with the duty of__
1
[(a) preparing electoral rolls for election to the National Assembly, Provincial
Assemblies and local governments, and revising such rolls periodically to keep
them up-to-date;]
(b) organizing and conducting election to the Senate or to fill casual vacancies in a
House or a Provincial Assembly; and
(c) appointing Election Tribunals 2[;]
2
[(d) the holding of general elections to the National Assembly, Provincial
Assemblies and the local governments; and
1
Omitted and subs. by the Constitution (Twenty-second Amendment) Act, 2016 (Act No. XXV of 2016), ss.6-9.
2
Omitted, subs. and added by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), ss.79-81.
3
Omitted by the Constitution (Twentieth Amendment) Act, 2012 (Act No. V of 2012), s.6.
Page 110 of 176
(e) such other functions as may be specified by an Act of Majlis-e-Shoora
(Parliament) 1[:] ]
1
[Provided that till such time as the members of the Commission are first appointed in
accordance with the provisions of paragraph (b) of clause (2) of Article 218 pursuant to the
Constitution (Eighteenth Amendment) Act, 2010, and enter upon their office, the Commissioner shall
remain charged with the duties enumerated in paragraphs (a), (b) and (c) of this Article.]
220. Executive authorities to assist Commission, etc. It shall be the duty of all executive
authorities in the Federation and in the Provinces to assist the Commissioner and the Election
Commission in the discharge of his or their functions.
221. Officers and 2[staff]. Until 3[Majlis-e-Shoora (Parliament)] by law otherwise provides,
4
the [Election Commission] may, with the approval of the President, make rules providing for the
appointment by the 2[Commissioner] of officers and 2[staff] to be employed in connection with the
functions of the 5[* * *] Election Commission and for their terms and conditions of employment.
CHAPTER 2.__ ELECTORAL LAWS AND CONDUCT OF ELECTIONS
222. Electoral laws. Subject to the Constitution, 3[Majlis-e-Shoora (Parliament)] may by law
provide for__
(a) the allocation of seats in the National Assembly as required by clauses (3) and
(4) of Article 51;
(b) the delimitation of constituencies by the Election Commission 2[including
delimitation of constituencies of local governments;]
(c) the preparation of electoral rolls, the requirements as to residence in a
constituency, the determination of objections pertaining to and the
commencement of electoral rolls;
(d) the conduct of elections and election petitions the decision of doubts and
disputes arising in connection with elections;
(e) matters relating to corrupt practices and other offences in connection with
elections; and
(f) all other matters necessary for the due constitution of the two Houses 2[, ]2[*]
the Provincial Assemblies 2[and local governments;]
1
Subs. and ins. by the Constitution (Twentieth Amendment) Act, 2012 (Act No. V of 2012) ss.7-10.
2
Subs., added and omitted by the Constitution (Twenty-second Amendment) Act, 2016 (Act No. XXV of 2016), ss.9-11.
3
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
4
Subs. by the Constitution (Eighteenth Amendment) Act 2010 (Act No. X of 2010), s. 82.
5
Omitted by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 82.
Page 111 of 176
but no such law shall have the effect of taking away or abridging any of the powers of the
Commissioner or 1[the] Election Commission under this Part.
223. Bar against double membership.__ (1) No person shall, at the same time, be a member
__
of
(a) both Houses; or
(b) a House and a Provincial Assembly; or
(c) the Assemblies of two or more Provinces; or
(d) a House or a Provincial Assembly in respect of more than one seat.
(2) Nothing in clause (1) shall prevent a person from being a candidate for two or more seats
at the same time, whether in the same body or in different bodies, but if he is elected to more than one
seat he shall, within a period of thirty days after the declaration of the result for the last such seat,
resign all but one of his seats, and if he does not so resign, all the seats to which he has been elected
shall become vacant at the expiration of the said period of thirty days except the seat to which he has
been elected last or, if he has been elected to more than one seat on the same day, the seat for election
to which his nomination was filed last.
Explanation.__ In this clause, “body” means either House or a Provincial Assembly.
(3) A person to whom clause (2) applies shall not take a seat in either House or the Provincial
Assembly to which he has been elected until he has resigned all but one of his seats.
(4) Subject to clause (2) if a member of either House or of a Provincial Assembly becomes a
candidate for a second seat which, in accordance with clause (1), he may not hold concurrently with
his first seat, then his first seat shall become vacant as soon as he is elected to the second seat.
224. Time of Election and bye-election.__ 2[(1) A general election to the National Assembly
or a Provincial Assembly shall be held within a period of sixty days immediately following the day on
which the term of the Assembly is due to expire, unless the Assembly has been sooner dissolved, and
the results of the election shall be declared not later than fourteen days before that day.]
3
[(1A) On dissolution of the Assembly on completion of its term, or in case it is dissolved under
Article 58 or Article 112, the President, or the Governor, as the case may be, shall appoint a care-taker
Cabinet:
Provided that the care-taker Prime Minister shall be 4[appointed] by the President in
consultation with the Prime Minister and the Leader of the Opposition in the outgoing National
Assembly, and a care-taker Chief Minister shall be appointed by the Governor in consultation with the
Chief Minister and the Leader of the Opposition in the outgoing Provincial Assembly:
4
[Provided further that if the Prime Minister or a Chief Minister and their respective Leader of
the Opposition do not agree on any person to be appointed as a care-taker Prime Minister or the care-
taker Chief Minister, as the case may be, the provisions of Article 224A shall be followed:]
1
Ins. by the Constitution (Twenty-second Amendment) Act, 2016 (Act No. XXV of 2016), s.11.
2
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 83.
3
Ins. ibid.
4
Subs. and ins.by the Constitution (Twentieth Amendment) Act, 2012 (Act No. V of 2012) s.8.
Page 112 of 176
Provided 1[also] that the Members of the Federal and Provincial care-taker Cabinets shall be
appointed on the advice of the care-taker Prime Minister or the care-taker Chief Minister, as the case
may be.
(1B) Members of the care-taker Cabinets including the care- taker Prime Minister and the care-
taker Chief Minister and their immediate family members shall not be eligible to contest the
immediately following elections to such Assemblies.
Explanation.__ In this clause, “immediate family members” means spouse and children.]
(2) When the National Assembly or a Provincial Assembly is dissolved, a general election to
the Assembly shall be held within a period of ninety days after the dissolution, and the results of the
election shall be declared not later than fourteen days after the conclusion of the polls.
(3) An election to fill the seats in the Senate which are to become vacant on the expiration of
the term of the members of the Senate shall be held not earlier than thirty days immediately preceding
the day on which the vacancies are due to occur.
(4) When, except by dissolution of the National Assembly or a Provincial Assembly, a 2[*]seat
in any such Assembly has become vacant not later than one hundred and twenty days before the term
of that Assembly is due to expire, an election to fill the seat shall be held within sixty days from the
occurrence of the vacancy.
(5) When a seat in the Senate has become vacant, an election to fill the seat shall be held within
thirty days from the occurrence of the vacancy.
3
[(6) When a seat reserved for women or non-Muslims in the National Assembly or a Provincial
Assembly falls vacant, on account of death, resignation or disqualification of a member, it shall be
filled by the next person in order of precedence from the party list of the candidates to be submitted to
the Election Commission by the political party whose member has vacated such seat1[:]]
1
[Provided that if at any time the party list is exhausted, the concerned political party may
submit a name for any vacancy which may occur thereafter.]
4
[* * * * * * *]
1
[224A. Resolution by Committee or Election Commission.__ (1) In case the Prime Minister
and the Leader of the Opposition in the outgoing National Assembly do not agree on any person to be
appointed as the care-taker Prime Minister, within three days of the dissolution of the National
Assembly, they shall forward two nominees each to a Committee to be immediately constituted by the
Speaker of the National Assembly, comprising eight members of the outgoing National Assembly, or
the Senate, or both, having equal representation from the Treasury and the Opposition, to be nominated
by the Prime Minister and the Leader of the Opposition respectively.
1
Subs., added and Ins. by the Constitution (Twentieth Amendment) Act, 2012 (Act No. V of 2012) ss.8-9.
2
Omitted by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s.2.
3
Ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 83 and shall be deemed always to have been so inserted with
effect from the 21st day of August 2002.
4
Clause (7) stands omitted as a consequence (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), see section 2.
Page 113 of 176
(2) In case a Chief Minister and the Leader of the Opposition in the outgoing Provincial
Assembly do not agree on any person to be appointed as the care-taker Chief Minister, within three
days of the dissolution of that Assembly, they shall forward two nominees each to a Committee to be
immediately constituted by the Speaker of the Provincial Assembly, comprising six members of the
outgoing Provincial Assembly having equal representation from the Treasury and the Opposition, to
be nominated by the Chief Minister and the Leader of the Opposition respectively.
(3) The Committee constituted under clause (1) or (2) shall finalize the name of the care-taker
Prime Minister or care-taker Chief Minister, as the case may be, within three days of the referral of the
matter to it:
Provided that in case of inability of the Committee to decide the matter in the aforesaid period,
the names of the nominees shall be referred to the Election Commission of Pakistan for final decision
within two days.
(4) The incumbent Prime Minister and the incumbent Chief Minister shall continue to hold
office till appointment of the care-taker Prime Minister and the care-taker Chief Minister, as the case
may be.
(5) Notwithstanding anything contained in clauses (1) and (2), if the members of the Opposition
are less than five in the Majlis-e-Shoora (Parliament) and less than four in any Provincial Assembly,
then all of them shall be members of the Committee mentioned in the aforesaid clauses and the
Committee shall be deemed to be duly constituted.]
225. Election dispute. No election to a House or a Provincial Assembly shall be called in
question except by an election petition presented to such tribunal and in such manner as may be
determined by Act of 1[Majlis-e-Shoora (Parliament).]
2
[226. Election by secret ballot. All elections under the Constitution, other than those of the
Prime Minister and the Chief Minister, shall be by secret ballot.]
PART IX
ISLAMIC PROVISIONS
227. Provisions relating to the Holy Quran and Sunnah.__ (1) All existing laws shall be
brought in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah, in
this part referred to as the Injunctions of Islam, and no law shall be enacted which is repugnant to such
Injunctions.
3
[Explanation.__ In the application of this clause to the personal law of any Muslim sect, the
expression "Quran and Sunnah" shall mean the Quran and Sunnah as interpreted by that sect.]
1
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No.14 of 1985), Art.2 and Sch.
2
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 84.
3
Added by the Constitution (Third Amendment) Order, 1980 (P.O.No.14 of 1980), Art. 2.
Page 114 of 176
(2) Effect shall be given to the provisions of clause (1) only in the manner provided in this Part.
(3) Nothing in this Part shall affect the personal laws of non- Muslim citizens or their status as
citizens.
228. Composition, etc., of Islamic Council.__ (1) There shall be constituted1 within a period
of ninety days from the commencing day a Council of Islamic Ideology, in this part referred to as the
Islamic Council.
(2) The Islamic Council shall consist of such members, being not less than eight and not more
than 2[twenty] as the President may appoint from amongst persons having knowledge of the principles
and philosophy of Islam as enunciated in the Holy Quran and Sunnah, or understanding of the
economic, political, legal or administrative problems of Pakistan.
(3) While appointing members of the Islamic Council, the President shall ensure that__
(a) so far as practicable various schools of thought are represented in the Council;
(b) not less than two of the members are persons each of whom is, or has been a
Judge of the Supreme Court or of a High Court;
(c) not less than 3[one third] of the members are persons each of whom has been
engaged, for a period of not less than fifteen years, in Islamic research or
instruction; and
(d) at least one member is a woman.
4
[(4) The President shall appoint one of the members of the Islamic Council to be the
Chairman thereof.]
(5) Subject to clause (6), a member of the Islamic Council shall hold office for a period of three
years.
(6) A member may, by writing under his hand addressed to the President, resign his office or
may be removed by the President upon the passing of a resolution for his removal by a majority of the
total membership of the Islamic Council.
229. Reference by 5[Majlis-e-Shoora (Parliament)], etc., to Islamic Council. The President
or the Governor of a Province may, or if 6[one-fourth] of its total membership so requires, a House or
a Provincial Assembly shall, refer to the Islamic Council for advice any question as to whether a
proposed law is or is not repugnant to the Injunctions of Islam.
1
For the notification constituting the Council of Islamic Ideology, see Gaz. of Pak..1974, Ext., Pt. II, p. 165. For the Council of Islamic Ideology (Terms
and Conditions of Members) Rules, 1974, see Gaz. of Pak., Ext., Pt. II, p. 1727.
2
Subs. by the Constitution (Fourth Amendment) Order, 1980 (P.O. No. 16 of 1980), Art. 2.
3
Subs by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 85.
4
Subs. by the Constitution (Fourth Amendment) Order, 1982 (P.O. No. 13 of 1982), Art. 2.
5
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
6
Subs. by the Constitution (Twenty-sixth Amendment) Act, 2024 (Act No. XXVI of 2024), s. 23.
Page 115 of 176
230. Functions of the Islamic Council.__ (1) The functions of the Islamic Council shall
__
be
(a) to make recommendations to 1[Majlis-e-Shoora (Parliament)] and the Provincial
Assemblies as to the ways and means of enabling and encouraging the Muslims
of Pakistan to order their lives individually and collectively in all respects in
accordance with the principles and concepts of Islam as enunciated in the Holy
Quran and Sunnah;
(b) to advise a House, a Provincial Assembly, the President or a Governor on any
question referred to the Council as to whether a proposed law is or is not
repugnant to the Injunctions of Islam;
(c) to make recommendations as to the measures for bringing existing laws into
conformity with the Injunctions of Islam and the stages by which such
measures should be brought into effect; and
(d) to compile in a suitable form, for the guidance of 1[Majlis-e-Shoora
(Parliament)] and the Provincial Assemblies, such Injunctions of Islam as can
be given legislative effect.
(2) When, under Article 299, a question is referred by a House, a Provincial Assembly, the
President or a Governor to the Islamic Council, the Council shall, within fifteen days thereof, inform
the House, the Assembly, the President or the Governor, as the case may be, of the period within which
the Council expects to be able to furnish that advice.
(3) Where a House, a Provincial Assembly, the President or the Governor, as the case may be,
considers that, in the public interest, the making of the proposed law in relation to which the question
arose should not be postponed until the advice of the Islamic Council is furnished, the law may be
made before the advice is furnished:
Provided that, where a law is referred for advice to the Islamic Council and the Council advises
that the law is repugnant to the Injunctions of Islam, the House or, as the case may be, the Provincial
Assembly, the President or the Governor shall reconsider the law so made.
(4) The Islamic Council shall submit its final report within seven years of its appointment, and
shall submit an annual interim report. The report, whether interim or final, shall be laid for discussion
before both Houses and each Provincial Assembly within six months of its receipt, and 1[Majlis-e-
Shoora (Parliament)] and the Assembly, after considering the report, shall enact laws in respect thereof
within a period of two years of the final report 2[:]
2
[Provided that the final report in any case shall be considered within twelve months after it
has been laid.]
231. Rules of procedure. The proceedings of the Islamic Council shall be regulated by rules
of procedure3 to be made by the Council with the approval of the President.
1
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch.
2
Subs. and added by the Constitution (Twenty-sixth Amendment) Act, 2024 (Act No. XXVI of 2024), s. 24.
3
For the Council of Islamic Ideology (Procedure Rules), 1974, see Gaz. of Pak., 1974. Ext., Pt. II, pp. 771- 773.
Page 116 of 176
PART X
EMERGENCY PROVISIONS
232. Proclamation of emergency on account of war, internal disturbance, etc. __ (1) If the
President is satisfied that a grave emergency exists in which the security of Pakistan, or any part
thereof, is threatened by war or external aggression, or by internal disturbance beyond the power of a
Provincial Government to control, he may issue a Proclamation of Emergency 1[:]
1
[Provided that for imposition of emergency due to internal disturbances beyond the powers of
a Provincial Government to control, a resolution from the Provincial Assembly of that Province shall
be required:
Provided further that if the President acts on his own, the Proclamation of Emergency shall be
placed before both Houses of Majlis- e-Shoora (Parliament) for approval by each House within ten
days.]
(2) Notwithstanding anything in the Constitution, while a Proclamation of Emergency is in
__
force
2
[(a) Majlis-e-Shoora (Parliament) shall have power to make laws for a Province, or
any part thereof, with respect to any matter not enumerated in the Federal
Legislative List 3[* * *]]
(b) the executive authority of the Federation shall extend to the giving of directions
to a Province as to the manner in which the executive authority of the Province
is to be exercised; and
(c) the Federal Government may by Order4 assume to itself, or direct the Governor
of a Province to assume on behalf of the Federal Government, all or any of the
functions of the Government of the Province, and all or any of the powers vested
in, or exercisable by, any body or authority in the Province other than the
Provincial Assembly, and make such incidental and consequential provisions as
appear to the Federal Government to be necessary or desirable for giving effect
to the objects of the Proclamation, including provisions for suspending, in
whole or in part, the operation of any provisions of the Constitution relating to
any body or authority in the Province :
Provided that nothing in paragraph (c) shall authorise the Federal Government to assume to
itself, or direct the Governor of the Province to assume on its behalf, any of the powers vested in or
exercisable by a High Court, or to suspend either in whole or in part the operation of any provisions
of the Constitution relating to High Courts.
1
Subs. and ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 86.
2
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch.
3
The words “or the Concurrent Legislative List” stand omitted as a consequence of the (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), see
section 2.
4
For such Order, in respect of N.W.F.P., see S.R.O. No. 202(I)/75, dated the 16th February, 1975, see Gaz. of Pak 1975, Ext.. Pt. II, p. 329. since
rescinded by S R.O. No. 522(I)/75, dated the 3rd May, 1975, see Gaz. of Pak., 1975, Ext., Pt. II. p. 727; and
For such Order, in respect of the Province of Baluchistan, see S.R.O. No. 641(I)/76, dated the 30th June, 1976, see Gaz. of Pak., 1976, Ext., Pt. II. p.
1207 since rescinded by S. R. O. No. 1161 (I)/76, dated the 6th December, 1976, see Gaz. of Pak., 1976, Ext., Pt. II, p. 2279.
For such proclamation issued on 28-5-1998, see Gaz. of Pak. 1998, Ext., Pt. I, p. 32.
Page 117 of 176
(3) The power of 1[Majlis-e-Shoora (Parliament)] to make laws for a Province with respect to
any matter shall include power to make laws conferring powers and imposing duties, or authorizing
the conferring of powers and the imposition of duties upon the Federation, or officers and authorities
of the Federation, as respects that matter.
(4) Nothing in this Article shall restrict the power of a Provincial Assembly to make any law
which under the Constitution it has power to make, but if any provision of a Provincial law is repugnant
to any provision of an Act of 1[Majlis-e-Shoora (Parliament)] which 1[Majlis-e-Shoora (Parliament)]
has under this Article power to make, the Act of 1[Majlis-e-Shoora (Parliament)], whether passed
before or after the Provincial law, shall prevail and the Provincial law shall, to the extent of the
repugnancy, but so long only as the Act of 1[Majlis-e-Shoora (Parliament)] continues to have effect,
be void.
(5) A law made by 1[Majlis-e-Shoora (Parliament)], which 1[Majlis-e-Shoora (Parliament)]
would not but for the issue of a Proclamation of Emergency have been competent to make, shall, to
the extent of the incompetency, cease to have effect on the expiration of a period of six months after
the Proclamation of Emergency has ceased to be in force, except as respects things done or omitted to
be done before the expiration of the said period.
(6) While a Proclamation of emergency is in force, 1[Majlis-e- Shoora (Parliament)] may by
law extend the term of the National Assembly for a period not exceeding one year and not extending
in any case beyond a period of six months after the Proclamation has ceased to be in force.
(7) A Proclamation of Emergency shall be laid before a joint sitting which shall be summoned
by the President to meet within thirty days of the Proclamation being issued and__
(a) shall cease to be in force at the expiration of two months unless before the
expiration of that period it has been approved by a resolution2 of the joint sitting;
and
3
[(b) shall, subject to the provisions of paragraph (a), cease to be in force upon a
resolution disapproving the proclamation being passed by the votes of the
majority of the total membership of the two Houses in joint sitting.]
(8) Notwithstanding anything contained in clause (7), if the National Assembly stands
dissolved at the time when a Proclamation of Emergency is issued, the Proclamation shall continue in
force for a period of four months but, if a general election to the Assembly is not held before the
expiration of that period, it shall cease to be in force at the expiration of that period unless it has earlier
been approved by a resolution of the Senate.
1
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O.No.14 of 1985), Art.2 and Sch.
2
The joint sitting passed the following resolution on the 5th September, 1973 :__
“That the joint sitting approves under clause (7) of Art. 232 of the Constitution read with Art. 280 thereof, the Proclamation of Emergency issued on the
23rd day of November, 1971, and the continuance in force of the said Proclamation for the period of six months following the expiration of the period
mentioned in paragraph (a) of the said clause (7).”
The joint sitting passed the following resolution on 10-6-1998.
“That the joint sitting approve under clause (7) of Article 232 of the Constitution the Proclamation of Emergency issued by the President on the 28th
May, 1998, under clause (1) of Article 232 of the Constitution.” see Gaz. of Pak. 1998. Ext., Pt. III, p. 647.
3
Subs. by the Constitution (Third Amendment) Act, 1975, (Act No. XXII of 1975), s. 3, (w. e. f. the 13th February, 1975).
Page 118 of 176
233. Power to suspend Fundamental Rights, etc., during emergency period. __ (1) Nothing
contained in Articles 15, 16, 17, 18, 19 and 24 shall, while a Proclamation of Emergency is in force,
restrict the power of the State as defined in Article 7 to make any law or to take any executive action
which it would, but for the provisions in the said Articles, be competent to make or to take, but any
law so made shall, to the extent of the incompetency, cease to have effect, and shall be deemed to have
been repealed, at the time when the Proclamation is revoked or has ceased to be in force.
(2) While a Proclamation of Emergency is in force, the President may, by Order,1 declare that
the right to move any court for the enforcement of such of the Fundamental Rights conferred by
Chapter 1 of Part II as may be specified in the Order, and any proceeding in any court which is for the
enforcement, or involves the determination of any question as to the infringement, of any of the Rights
so specified, shall remain suspended for the period during which the Proclamation is in force, and any
such Order may be made in respect of the whole or any part of Pakistan.
(3) Every Order made under this Article shall, as soon as may be, be laid before 2[both houses
of Majlis-e-Shoora (Parliament) separately] for approval3 and the provisions of clauses (7) and (8) of
Article 232 shall apply to such an Order as they apply to a Proclamation of Emergency.
234. Power to issue Proclamation in case of failure of Constitutional machinery in a
Province.__ (1) If the President, on receipt of a report from the Governor of a Province 2[* *] is satisfied
that a situation has arisen in which the Government of the Province cannot be carried on in accordance
with the provisions of the Constitution, the President may, or if a resolution in this behalf is passed
2
[by each House separately] shall, by Proclamation,__
(a) assume to himself, or direct the Governor of the Province to assume on behalf
of the President, all or any of the functions of the Government of the Province,
and all or any of the powers vested in, or exercisable by, anybody or authority
in the Province, other than the Provincial Assembly;
(b) declare that the powers of the Provincial Assembly shall be exercisable by, or
under the authority of, 4[Majlis-e-Shoora (Parliament)]; and
(c) make such incidental and consequential provisions as appear to the President to
be necessary or desirable for giving effect to the objects of the Proclamation,
including provisions for suspending in whole or in part the operation of any
provisions of the Constitution relating to any body or authority in the Province:
1
The Order suspending the right to move any court for the enforcement of certain Fundamental Rights issued vide see Gaz. of Pak., 1973, Ext., Pt. I. p.
602, has been rescinded by S.R.O. 1093(I)/74, dated the 14th August. 1974., see Gaz. of Pak. 1974, Ext. Pt. II, p. 1548.
2
Subs. and omitted by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), ss. 87-88.
3
For the Order issued on 28-5-1998 suspending of Fundamental Rights, (See Notifications No. 7-3/98-Min. I, dated 28-5-1998. Gaz. of Pak., 1998, Part
I, Page 31).
The joint sitting passed the following resolution on the 6th September, 1973:__
“That the joint sitting approves under clause (7) of Article 232 of the Constitution, read with clause (3) of Article 233 thereof, the President's Order of
the 14th August, 1973, made under clause (2) of the said Art. 233 and the continuance in force of the said Order for the period of six months following
the expiration of the period mentioned in paragraph (a) of the said clause (7) of Art. 232.”
For resolution approving the continuance in force of the President's Order of the 14th August, 1973, for a further period of six months, see Gaz. of Pak.,
1974. Ext., Pt. III, p. 343.
The joint sitting passed the following resolution on 10-6-1998.
“That the joint sitting approves the Order made by the President on the 28th May, 1998, under clause (2) of Article 233 of the Constitution.” see Gaz. of
Pak. 1998. Part Ill, p. 647.
4
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O.No.14 of 1985), Art.2 and Sch.
Page 119 of 176
Provided that nothing in this Article shall authorise the President to assume to himself, or direct
the Governor of the Province to assume on his behalf, any of the powers vested in, or exercisable by,
a High Court, or to suspend either in whole or in part the operation of any provisions of the Constitution
relating to High Courts.
(2) The provisions of Article 105 shall not apply to the dis-charge by the Governor of his
functions under clause (1).
(3) A Proclamation issued under this Article shall be laid before a joint sitting and shall cease
to be in force at the expiration of two months, unless before the expiration of that period it has been
approved by resolution of the joint sitting and may by like resolution be extended for a further period
not exceeding two months at a time; but no such Proclamation shall in any case remain in force for
more than six months.
(4) Notwithstanding anything contained in clause (3), if the National Assembly stands
dissolved at the time when a Proclamation is issued under this Article, the Proclamation shall continue
in force for a period of three months but, if a general election to the Assembly is not held before the
expiration of that period, it shall cease to be in force at the expiration of that period unless it has earlier
been approved by a resolution of the Senate.
(5) Where by a Proclamation issued under this Article it has been declared that the powers of
the Provincial Assembly shall be exercisable by or under the authority of 1[Majlis-e-Shoora
(Parliament)], it shall be competent__
(a) to 1[Majlis-e-Shoora (Parliament)] in joint sitting to confer on the President the
power to make laws with respect to any matter within the legislative competence
of the Provincial Assembly;
(b) to 1[Majlis-e-Shoora (Parliament)] in joint sitting, or the President, when he is
empowered under paragraph (a), to make laws conferring powers and imposing
duties, or authorising the conferring of powers and the imposition of duties,
upon the Federation, or officers and authorities thereof;
(c) to the President, when 1[Majlis-e-Shoora (Parliament)] is not in session, to
authorise expenditure from the Provincial Consolidated Fund, whether the
expenditure is charged by the Constitution upon that Fund or not, pending the
sanction of such expenditure by 1[Majlis-e-Shoora (Parliament)] in joint sitting
; and
(d) to 1[Majlis-e-Shoora (Parliament)] in joint sitting by resolution to sanction
expenditure authorised by the President under paragraph (c)
(6) Any law made by 1[Majlis-e-Shoora (Parliament)] or the President which 1[Majlis-e-Shoora
(Parliament)] or the President would not, but for the issue of a Proclamation under this Article, have
been competent to make, shall, to the extent of the incompetency, cease to have effect on the expiration
of a period of six months after the Proclamation under this Article has ceased to be in force, except as
to things, done or omitted to be done before the expiration of the said period.
1
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
Page 120 of 176
235. Proclamation in case of financial emergency.__ (1) If the President is satisfied that a
situation has arisen whereby the economic life, financial stability or credit of Pakistan, or any part
thereof, is threatened, he may, after consultation with the Governors of the Provinces or, as the case
may be, the Governor of the Province concerned, by Proclamation make a declaration to that effect,
and, while such a Proclamation is in force, the executive authority of the Federation shall extend to the
giving of directions to any Province to observe such principles of financial propriety as may be
specified in the directions, and to the giving of such other directions as the President may deem
necessary in the interest of the economic life, financial stability or credit of Pakistan or any part thereof.
(2) Notwithstanding anything in the Constitution, any such directions may include a provision
requiring a reduction of the salary and allowances of all or any class of persons serving in connection
with the affairs of a Province.
(3) While a Proclamation issued under this Article is in force, the President may issue directions
for the reduction of the salaries and allowances of all or any class of persons serving in connection
with the affairs of the Federation.
(4) The provisions of clauses (3) and (4) of Article 234 shall apply to a Proclamation issued
under this Article as they apply to a Proclamation issued under that Article.
236. Revocation of Proclamation, etc.__ (1) A Proclamation issued under this Part may be
varied or revoked by a subsequent Proclamation.
(2) The validity of any Proclamation issued or Order made under this Part shall not be called
in question in any court.
237. 1[Majlis-e-Shoora (Parliament)] may make laws of indemnity, etc. Nothing in the
Constitution shall prevent 1[Majlis-e-Shoora (Parliament)] from making any law indemnifying any
person in the service of the Federal Government or a Provincial Government, or any other person, in
respect of any act done in connection with the maintenance or restoration of order in any area in
Pakistan.
PART XI
AMENDMENT OF CONSTITUTION
238. Amendment of Constitution. Subject to this Part, the Constitution may be amended by
1
Act of [Majlis-e-Shoora (Parliament)].
2
[239. Constitution amendment Bill.__ (1) A Bill to amend the Constitution may originate
in either House and, when the Bill has been passed by the votes of not less than two-thirds of the total
membership of the House, it shall be transmitted to the other House.
(2) If the Bill is passed without amendment by the votes of not less than two-thirds of the total
membership of the House to which it is transmitted under clause (1), it shall, subject to the provisions
of clause (4), be presented to the President for assent.
1
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
2
Subs. by the Constitution (Second Amendment) Order, 1985 (P. O. No. 20 of 1985), Art. 3.
Page 121 of 176
(3) If the Bill is passed with amendment by the votes of not less than two-thirds of the total
membership of the House to which it is transmitted under clause (1), it shall be reconsidered by the
House in which it had originated, and if the Bill as amended by the former House is passed by the
latter by the votes of not less than two-thirds of its total membership it shall, subject to the provisions
of clause (4), be presented to the President for assent.
(4) A Bill to amend the Constitution which would have the effect of altering the limits of a
Province shall not be presented to the President for assent unless it has been passed by the Provincial
Assembly of that Province by the votes of not less than two-thirds of its total membership.
1
[(5) Notwithstanding anything contained in the Constitution and any judgment of any court,
no court shall have jurisdiction to call in question any amendment to the Constitution on any ground
whatsoever.]
(6) For the removal of doubt, it is hereby declared that there is no limitation whatever on the
power of the Majlis-e-Shoora (Parliament) to amend any of the provisions of the Constitution.]
PART XII
MISCELLANEOUS
CHAPTER 1.__ SERVICES
240. Appointments to service of Pakistan and conditions of service. Subject to the
Constitution, the appointments to and the conditions of service of persons in the service of Pakistan
shall be determined__
(a) in the case of the services of the Federation, posts in connection with the affairs
of the Federation and All-Pakistan Services, by or under Act of 2[Majlis-e-
Shoora (Parliament)]; and
(b) in the case of the services of a Province and posts in connection with the affairs
of a Province, by or under Act of the Provincial Assembly.
Explanation.__ In this Article, “All-Pakistan Service” means a service common to the
Federation and the Provinces, which was in existence immediately before the commencing day or
which may be created by Act of 2[Majlis-e-Shoora (Parliament)].
241. Existing rules, etc., to continue. Until the appropriate Legislature makes a law under
Article 240, all rules and orders in force immediately before the commencing day shall, so far as
consistent with the provisions of the Constitution, continue in force and may be amended from time to
time by the Federal Government or, as the case may be, the Provincial Government.
242. Public Service Commission.__ (1) 2[Majlis-e-Shoora (Parliament)] in relation to the
affairs of the Federation, and the Provincial Assembly of a Province in relation to the affairs of the
Province, may, by law, provide for the establishment and constitution of a Public Service Commission.
2
[(1A) The Chairman of the Public Service Commission constituted in relation to the affairs of
the Federation shall be appointed by the President 3[on the advice of the Prime Minister.]]
1
Subs. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 50.
2
Subs.and ins. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
3
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 89.
Page 122 of 176
1
[(1B) The Chairman of the Public Service Commission constituted in relation to affairs of a
Province shall be appointed by the Governor on advice of the Chief Minister.]
(2) A Public Service Commission shall perform such functions as may be prescribed by law.
CHAPTER 2.__ ARMED FORCES
1
[243. Command of Armed Forces.__ (1) The Federal Government shall have control and
command of the Armed Forces.
(2) Without prejudice to the generality of the foregoing provision, the Supreme Command of
the Armed Forces shall vest in the President.
(3) The President shall subject to law, have power__
(a) to raise and maintain the Military, Naval and Air Forces of Pakistan; and the
Reserves of such Forces; and
(b) to grant Commissions in such Forces.
2
[(4) The President shall, on advice of the Prime Minister, appoint__
(a) the Chief of the Army Staff concurrently the Chief of the Defense Forces;
(b) the Chief of the Naval Staff; and
(c) the Chief of the Air Staff;
and shall also determine their salaries and allowances.]
2
[(5) Notwithstanding anything contained in clause (4), the office of the Chairman, Joint Chiefs
of Staff Committee shall stand abolished with effect from the twenty-seventh day of November two
thousand and twenty-five.
(6) The Prime Minister shall, on the recommendation of the Chief of the Army Staff
concurrently the Chief of the Defense Forces, appoint the Commander of the National Strategic
Command from the members of Pakistan Army and shall also determine his salary and allowances.
(7) Where the Federal Government promotes a member of the Armed Forces to the rank of
Field Marshal, Marshal of the Air Force or Admiral of the Fleet, such officer shall retain the rank,
privileges and remain in uniform for life.
(8) Field Marshal, Marshal of the Air Force and Admiral of the Fleet, being national heroes,
shall not be removed from office except on the ground or charges and in the manner provided under
Article 47.
(9) The provisions of Article 248, as applicable to the President, shall mutatis mutandis apply
to Field Marshal, Marshal of the Air Force and Admiral of the Fleet.
1
Ins. and subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), ss. 89-90.
2
Subs. and ins. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 51.
Page 123 of 176
(10) Upon completion of the term of his command, under the law, the Federal Government
shall determine the responsibilities and duties of Field Marshal, Marshal of the Air Force or Admiral
of the Fleet in the interest of State.
(11) The President shall, on advice of the Prime Minister, determine the salary, allowances and
privileges of Field Marshal, Marshal of the Air Force and Admiral of the Fleet.]]
244. Oath of Armed Forces. Every member of the Armed Forces shall make oath in the form
set out in the Third Schedule.
245. Functions of Armed Forces.__1[(1)] The Armed Forces shall, under the directions of the
Federal Government, defend Pakistan against external aggression or threat of war, and, subject to law,
act in aid of civil power when called upon to do so.
1
[(2) The validity of any direction issued by the Federal Government under clause (1) shall
not be called in question in any court.
(3) A High Court shall not exercise any jurisdiction under Article 199 in relation to any area in
which the Armed Forces of Pakistan are, for the time being, acting in aid of civil power in pursuance
of Article 245:
Provided that this clause shall not be deemed to affect the jurisdiction of the High Court in
respect of any proceeding pending immediately before the day on which the Armed Forces start acting
in aid of civil power.
(4) Any proceeding in relation to an area referred to in clause (3) instituted on or after the day
the Armed Forces start acting in aid of civil power and pending in any High Court shall remain
suspended for the period during which the Armed Forces are so acting.]
1
Re-numbered and added by the Constitution (Seventh Amendment) Act, 1977 (Act No. XXIII of 1977), s. 4, (w. e. f. the 21st April, 1977).
Page 124 of 176
CHAPTER 3. – TRIBAL AREAS
246. Tribal Areas. In the Constitution,__
(a) “Tribal Areas” means the areas in Pakistan which, immediately before the
commencing day, were Tribal Areas, and includes__
(i) the Tribal Areas of 1[Balochistan] and the 1[Khyber Pakhtunkhwa]
Province; 1[*]
(ii) the former States of Amb, Chitral, Dir and Swat;
2
(iii) [* * * * * * *]
2
(iv) [* * * * * * *]
(b) “Provincially Administered Tribal Areas” means__
(i) the districts of Chitral, Dir and Swat (which includes Kalam) 3[the Tribal
Area in Kohistan district,] Malakand Protected Area, the Tribal Area
adjoining 3[Mansehra] district and the former State of Amb; and
(ii) Zhob district, Loralai district (excluding Duki Tehsil), Dalbandin Tehsil
of Chagai district and Marri and Bugti tribal territories of Sibi district;
4
[*]
(c) “Federally Administered Tribal Areas” includes__
(i) Tribal Areas adjoining Peshawar district;
(ii) Tribal Areas adjoining Kohat district;
(iii) Tribal Areas adjoining Bannu district;
2
[(iiia) Tribal Areas adjoining Lakki Marwat district;]
(iv) Tribal Areas adjoining Dera Ismail Khan district;
2
[(iva) Tribal Areas adjoining Tank District;]
5
[(v) Bajaur Agency;
1
Subs. and omitted by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 91.
2
Omitted and ins. by the Constitution (Nineteenth Amendment) Act, 2011 (Act No. I of 2011), s.7.
3
Ins., subs. and shall be deemed to have been so inserted and substituted by the Constitution (Sixth Amendment) Act, 1976 (Act No. LXXXIV of 1976),
s. 4, (w. e. f. the 1st October, 1976).
4
Omitted by the Constitution (Twenty-fifth Amendment) Act, 2018 (Act No. XXXVII of 2018) s. 8. (w. e. f. 31-05-2018.)
5
Subs. and shall be deemed to have been so subs. by the Constitution (Sixth Amendment) Act, 1976 (Act No. LXXXIV of 1976), s. 4, (w. e. f. the 1st
December, 1973).
Page 125 of 176
(va) Orakzai Agency;]
(vi) Mohmand Agency;
(vii) Khyber Agency;
(viii) Kurram Agency;
(ix) North Waziristan Agency; and
(x) South Waziristan Agency 1[; and]
1
[(d) On the commencement of the Constitution (Twenty-fifth Amendment) Act,
2018, the areas mentioned in—
(i) paragraph (b),__
(a) in sub-paragraph (i), shall stand merged in the Province of Khyber
Pakhtunkhwa; and
(b) in sub-paragraph (ii), shall stand merged in the Province of Balochistan;
and
(ii) paragraph (c), shall stand merged in the Province of Khyber
Pakhtunkhwa.]
1
247. [* * * * * * *]
CHAPTER 4.__ GENERAL
248. Protection to President, Governor, Minister, etc.__ (1) 2[Notwithstanding any
judgement of any court, the] President, a Governor, the Prime Minister, a Federal Minister, a Minister
of State, the Chief Minister and a Provincial Minister shall not be answerable to any court for the
exercise of powers and performance of functions of their respective offices or for any act done or
purported to be done in the exercise of those powers and performance of those functions:
Provided that nothing in this clause shall be construed as restricting the right of any person to
bring appropriate proceedings against the Federation or a Province.
2
[(2) No criminal proceedings whatsoever shall be initiated or continued against the President
for his life and for a Governor during his term of office in any court.]
2
[(3) No process for arrest or imprisonment of the President for his life and for a Governor
during his term of office, shall be issued from any court:
Provided that the provisions of clauses (2) and (3) shall not apply during the period the
President holds a public office after he ceases to be the President.]
(4) No civil proceedings in which relief is claimed against the President or a Governor shall be
instituted during his term of office in respect of anything done or not done by him in his personal
capacity whether before or after he enters upon his office unless, at least sixty days before the
proceedings are instituted, notice in writing has been delivered to him, or sent to him in the manner
1
Subs., added and omitted by the Constitution (Twenty-fifth Amendment) Act, 2018 (Act No. XXXVII of 2018), ss. 8-9, (w. e. f. 31-05-2018).
2
Ins. and subs. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 52.
Page 126 of 176
prescribed by law, stating the nature of the proceedings, the cause of action, the name, description and
place of residence of the party by whom the proceedings are to be instituted and the relief which the
party claims.
249. Legal proceedings.__ (1) Any legal proceedings which, but for the Constitution, could
have been brought by or against the Federation in respect of a matter which, immediately before the
commencing day, was the responsibility of the Federation and has, under the Constitution, become the
responsibility of a Province, shall be brought by or against the Province concerned; and if any such
legal proceedings were pending in any court immediately before the commencing day then, in those
proceedings, for the Federation the Province concerned shall, as from that day, be deemed to have been
substituted.
(2) Any legal proceedings which, but for the Constitution, could have been brought by or
against a Province in respect of a matter which, immediately before the commencing day, was the
responsibility of the Province and has under the Constitution become the responsibility of the
Federation, shall be brought by or against the Federation; and if any such legal proceedings were
pending in any court immediately before the commencing day then, in those proceedings, for the
Province the Federation shall, as from that day, be deemed to have been substituted.
250. Salaries, allowances, etc., of the President, etc.__ (1) Within two years from the
commencing day, provision shall be made by law for determining the salaries, allowances and
privileges of the President, the Speaker and Deputy Speaker and a member of the National Assembly
or a Provincial Assembly, the Chairman and Deputy Chairman and a member of the Senate, the Prime
Minister, a Federal Minister, a Minister of State, 1[* *] a Chief Minister, a Provincial Minister and the
Chief Election Commissioner.
(2) Until other provision is made by law,__
(a) the salaries, allowances and privileges of the President, the Speaker or Deputy
Speaker or a member of the National Assembly or a Provincial Assembly, a
Federal Minister, a Minister of State, 1[* *] a Chief Minister, a Provincial
Minister and the Chief Election Commissioner shall be same as the salaries,
allowances and privileges to which the President, the Speaker or Deputy
Speaker or member of the National Assembly of Pakistan or a Provincial
Assembly, a Federal Minister, a Minister of State, 1[* *] a Chief Minister, a
Provincial Minister or, as the case may be, the Chief Election Commissioner
was entitled immediately before the commencing day; and
(b) the salaries, allowances and privileges of the Chairman, the Deputy Chairman,
the Prime Minister and a member of the Senate shall be such as the President
may by Order determine.
(3) The salary, allowances and privileges of a person holding office as__
(a) the President;
(b) the Chairman or Deputy Chairman;
(c) the Speaker or Deputy Speaker of the National Assembly or a Provincial
Assembly;
1
Omitted by the Constitution (First Amendment) Act, 1974 (Act No. XXXIII of 1974), s. 13, (w. e. f. the 4th May, 1974).
Page 127 of 176
(d) a Governor;
(e) the Chief Election Commissioner; or
(f) the Auditor-General;
shall not be varied to his disadvantage during his term of office.
(4) At any time when the Chairman or Speaker is acting as President, he shall be entitled to the
same salary, allowances and privileges as a President but shall not exercise any of the functions of the
office of Chairman or Speaker or a member of 1[Majlis-e-Shoora (Parliament)] or be entitled to salary,
allowances or privileges as Chairman, Speaker or such a member.
251. National language.__ (1) The National language of Pakistan is Urdu, and arrangements
shall be made for its being used for official and other purposes within fifteen years from the
commencing day.
(2) Subject to clause (1), the English language may be used for official purposes until
arrangements are made for its replacement by Urdu.
(3) Without prejudice to the status of the National language, a Provincial Assembly may by
law prescribe measures for the teaching, promotion and use of a provincial language in addition to the
national language.
252. Special provisions in relation to major ports and aerodromes. __ (1) Notwithstanding
anything contained in the Constitution or in any law, the President may, by public notification, direct
that, for a period not exceeding three months from a specified date, a specified law, whether a Federal
law or a Provincial law, shall not apply to a specified major port or major aerodrome, or shall apply to
a specified major port or major aerodrome subject to specified exceptions or modifications.
(2) The giving of a direction under this Article in relation to any law shall not affect the
operation of the law prior to the date specified in the direction.
253. Maximum limits as to property, etc.__ (1) 1[Majlis-e-Shoora (Parliament)] may by law__
(a) prescribe the maximum limits as to property or any class thereof which may be
owned, held, possessed or controlled by any person; and
(b) declare that any trade, business, industry or service specified in such law shall
be carried on or owned, to the exclusion, complete or partial, of other persons,
by the Federal Government or a Provincial Government, or by a corporation
controlled by any such Government.
(2) Any law which permits a person to own beneficially or possess beneficially an area of land
greater than that which, immediately before the commencing day, he could have lawfully owned
beneficially or possessed beneficially shall be invalid.
1
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art. 2 and Sch.
Page 128 of 176
254. Failure to comply with requirement as to time does not render an act invalid. When
any act or thing is required by the Constitution to be done within a particular period and it is not done
within that period, the doing of the act or thing shall not be invalid or otherwise ineffective by reason
only that it was not done within that period.
255. Oath of Office.__ (1) An oath required to be made by a person under the Constitution shall
1
[preferably be made in Urdu or] a language that is understood by that person.
(2) Where, under the Constitution, an oath is required to be made before a specified person
and, for any reason, it is impracticable for the oath to be made before that person, it may be made
before such other person as may be nominated by 2[the Chief Justice of a High Court, in case of a
Province and by the Chief Justice of Pakistan, in all other cases].
(3) Where, under the Constitution, a person is required to make an oath before he enters upon
an office, he shall be deemed to have entered upon the office on the day on which he makes the oath.
256. Private armies forbidden. No private organisation capable of functioning as a military
organisation shall be formed, and any such organisation shall be illegal.
257. Provision relating to the State of Jammu and Kashmir. When the people of the State
of Jammu and Kashmir decide to accede to Pakistan, the relationship between Pakistan and that State
shall be determined in accordance with the wishes of the people of that State.
258. Government of territories outside Provinces. Subject to the Constitution, until 1[Majlis-
e-Shoora (Parliament)] by law otherwise provides, the President may, by Order, make provision for
peace and good government of any part of Pakistan not forming part of a Province.
259. Awards.__ (1) No citizen shall accept any title, honour or decoration from any foreign
State except with the approval of the Federal Government.
(2) No title, honour or decoration shall be conferred by the Federal Government or any
Provincial Government on any citizen, but the President may award decorations in recognition of
gallantry 3[, meritorious service in the Armed Forces] 4[, academic distinction or distinction in the field
of sports 2[, science, technology, medicine, arts or public service]], as provided by Federal law.
(3) All titles, honours and decorations awarded to citizens by any authority in Pakistan before
the commencing day otherwise than in recognition of gallantry 5[, meritorious service in the Armed
Forces] or academic distinction shall stand annulled.
CHAPTER 5.__ INTERPRETATION
260. Definitions.__ (1) In the Constitution, unless the context otherwise requires, the following
expressions have the meaning hereby respectively assigned to them, that is to say,—
“Act of 1[Majlis-e-Shoora (Parliament)]” means an Act passed by 1[Majlis-e-Shoora
(Parliament)] or the National Assembly and assented to, or deemed to have been
assented to, by the President;
1
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
2
Subs. by the Constitution (Twenty-sixth Amendment) Act, 2024 (Act No. XXVI of 2024), ss. 25-26.
3
Ins. by the Constitution (First Amendment) Act, 1974 (Act No. XXXIII of 1974), s. 14, (w. e. f. the 4th May, 1974).
4
Subs. by the Constitution (Third Amendment) Order, 1981 (P.O. No. 12 of 1981), Art. 2.
5
Ins. by the Constitution (First Amendment) Act, 1974 (Act No. XXXIII of 1974), s.14, and shall be deemed always to have been so inserted.
Page 129 of 176
“Act of Provincial Assembly” means an Act passed by the Provincial Assembly of a Province
and assented to, or deemed to have been assented to, by the Governor;
“agricultural income” means agricultural income as defined for the purposes of the law relating
to income-tax;
“Article” means Article of the Constitution;
“borrow” includes the raising of money by the grant of annuities, and “loans” shall be construed
accordingly;
“Chairman” means the Chairman of the Senate and, except in Article 49, includes a person
acting as Chairman of the Senate;
1
[“Chief Justice”, in relation to the 2[Federal Constitutional Court or the] Supreme Court or a
High Court, includes the Judge for the time being acting as Chief Justice of the Court;]
2
[“Chief Justice of Pakistan” means the senior amongst the Chief Justice of the Federal
Constitutional Court and the Chief Justice of Supreme Court;]
“citizen” means a citizen of Pakistan as defined by law;
“clause” means clause of the Article in which it occurs;
3
[* * * * * * *]
“corporation tax” means any tax on income that is payable by companies and in respect of
which the following conditions apply:__
(a) the tax is not chargeable in respect of agricultural income;
(b) no deduction in respect of the tax paid by companies is, by any law which may
apply to the tax, authorised to be made from dividends payable by the
companies to individuals;
(c) no provision exists for taking the tax so paid into account in computing for the
purposes of income-tax the total income of individual receiving such dividends,
or in computing the income-tax payable by, or refundable to, such individuals;
“debt” includes any liability in respect of any obligation to repay capital sums by way of
annuities and any liability under any guarantee, and “debt charges” shall be construed
accordingly;
“estate duty” means a duty assessed on, or by reference to, the value of property passing upon
death;
“existing law” has the same meaning as in clause (7) of Article 268;
“Federal law” means a law made by or under the authority of 4[Majlis-e-Shoora (Parliament)];
“financial year” means a year commencing on the first day of July;
1
Ins. by the Constitution (First Amendment) Act, 1974 (Act No. XXXIII of 1974), s. 15, (w.e.f. the 4th May, 1974).
2
Ins. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 53.
3
Omitted by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 92.
4
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
Page 130 of 176
“goods” includes all materials, commodities and articles;
“Governor” means the Governor of a Province and includes any person for the time being
acting as the Governor of a Province;
“guarantee” includes any obligation undertaken before the commencing day to make payments
in the event of the profits of an undertaking falling short of a specified amount;
“House” means the Senate or the National Assembly;
“Joint sitting” means a joint sitting of the two Houses;
“Judge” in relation to the 1[Federal Constitutional Court or the] Supreme Court or a High Court,
includes the Chief Justice of the Court and also includes__
1
[(a) in relation to the Federal Constitutional Court, a person who is acting as a Judge
of the Court;]
1
[(b)] in relation to the Supreme Court, a person who is acting as a Judge of the Court;
and
1
[(c)] in relation to the High Court, a person who is an Additional Judge of the Court;
“members of the Armed Forces” does not include persons who are not, for the time being,
subject to any law relating to the members of the Armed Forces;
“net proceeds” means, in relation to any tax or duty, the proceeds thereof, reduced by the cost
of collection, as ascertained and certified by the Auditor-General;
“oath” includes affirmation;
“Part” means Part of the Constitution;
“pension” means a pension, whether contributory or not, of any kind whatsoever payable to, or
in respect of, any person and includes retired pay so payable, a gratuity so payable, and
any sum or sums so payable by way of the return, with or without interest thereon or
any addition thereto, of subscriptions to a provident fund;
“person” includes any body politic or corporate;
“President” means the President of Pakistan and includes a person for the time being acting as,
or performing the functions of, the President of Pakistan and, as respects anything
required to be done under the Constitution before the commencing day, the President
under the Interim Constitution of the Islamic Republic of Pakistan;
“Property” includes any right, title or interest in property, movable or immovable, and any
means and instruments of production;
“Provincial law” means a law made by or under the authority of the Provincial Assembly;
“remuneration” includes salary and pension;
1
Ins. and re-numbered by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 53.
Page 131 of 176
“Schedule” means Schedule to the Constitution;
“security of Pakistan” includes the safety, welfare, stability and integrity of Pakistan and of
each part of Pakistan, but shall not include public safety as such;
“service of Pakistan” means any service, post or office in connection with the affairs of the
Federation or of a Province, and includes an All-Pakistan Service, service in the Armed
Forces and any other service declared to be a service of Pakistan by or under Act of
1
[Majlis-e-Shoora (Parliament)] or of a Provincial Assembly, but does not include
service as 2[President,] Speaker, Deputy Speaker, Chairman, Deputy Chairman, Prime
Minister, Federal Minister, Minister of State, Chief Minister, Provincial Minister, 3[,
Attorney-General, 4[Advocate-General,] Parliamentary Secretary] or 5[, Chairman or
member of a Law Commission, Chairman or member of the Council of Islamic
Ideology, Special Assistant to the Prime Minister, Adviser to the Prime Minister,
Special Assistant to a Chief Minister, Adviser to a Chief Minister] or member of a
House or a Provincial Assembly;
“Speaker” means the Speaker of the National Assembly or a Provincial Assembly, and includes
any person acting as the Speaker of the Assembly;
“taxation” includes the imposition of any tax or duty, whether general, local or special, and
“tax” shall be construed accordingly;
“tax on income” includes a tax in the nature of an excess profits tax or a business profits tax.
2
[“technocract” means a person who has sixteen years of education and fifteen years of
experience in his field.]
(2) In the Constitution “Act of 1[Majlis-e-Shoora (Parliament)]” or “Federal law” or “Act of
Provincial Assembly” or “Provincial law” shall include an Ordinance promulgated by the President
or, as the case may be, a Governor.
6
[(3) In the Constitution and all enactments and other legal instruments, unless there is anything
repugnant in the subject or context,__
(a) “Muslim” means a person who believes in the unity and oneness of Almighty
Allah, in the absolute and unqualified finality of the Prophethood of Muhammad
(peace be upon him), the last of the prophets, and does not believe in, or
recognize as a prophet or religious reformer, any person who claimed or claims
to be a prophet, in any sense of the word or of any description whatsoever, after
Muhammad (peace be upon him); and
“non-Muslim” means a person who is not a Muslim and includes a person
(b)
belonging to the Christian, Hindu, Sikh, Budhist or Parsi community, a person
of the Quadiani group or the Lahori group (who call themselves ‘Ahmadis’ or
by any other name), or a Bahai, and a person belonging to any of the scheduled
castes.]
261. Person acting in office not to be regarded as successor to previous occupant of office,
etc. For the purposes of the Constitution, a person who acts in an office shall not be regarded as the
successor to the person who held that office before him or as the predecessor to the person who holds
that office after him.
1
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
2
Ins. by the Constitution (Twenty-seventh Amendment) Act, 2025 (ACT No. XXXII of 2025), s. 53.
3
Ins. by the Constitution (First Amendment) Act, 1974 (Act No. XXXIII of 1974), s. 15, (w. e. f. the 4th May, 1974).
4
Ins. by the Constitution (Fifth Amendment) Act, 1976 (Act No. LXII of 1976), s. 16, (w. e. f. the 13th September, 1976).
5
Ins. by the Constitution (Sixth Amendment) Act, 1976 (Act No. LXXXIV of 1976), s. 5, (w. e. f. the 31st December, 1976).
6
Subs. by the Constitution (Third Amendment) Order, 1985 (P.O. No. 24 of 1985), Art. 6.
Page 132 of 176
262. Gregorian calendar to be used. For the purposes of the Constitution, periods of time
shall be reckoned according to the Gregorian calendar.
263. Gender and number. In the Constitution,__
(a) words importing the masculine gender shall be taken to include females; and
(b) words in the singular shall include the plural, and words in the plural shall
include the singular.
264. Effect of repeal of laws. Where a law is repealed, or is deemed to have been repealed,
by, under, or by virtue of the Constitution, the repeal shall not, except as otherwise provided in the
Constitution,__
(a) revive anything not in force or existing at the time at which the repeal takes
effect;
(b) affect the previous operation of the law or anything duly done or suffered under
the law;
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred
under the law;
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence
committed against the law; or
(e) affect any investigation, legal proceeding or remedy in respect of any such right,
privilege, obligation, liability, penalty, forfeiture or punishment;
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and
any such penalty, forfeiture or punishment may be imposed, as if the law had not been repealed.
CHAPTER 6.__ TITLE, COMMENCEMENT AND REPEAL
265. Title of Constitution and commencement.__ (1) This Constitution shall be known as the
Constitution of the Islamic Republic of Pakistan.
(2) Subject to clauses (3) and (4), the Constitution shall come into force on the fourteenth day
of August, one thousand nine hundred and seventy-three or on such earlier day as the President may,
by notification in the official Gazette, appoint, in the Constitution referred to as the “commencing
day”.
(3) The Constitution shall, to the extent necessary__
(a) for the constitution of the first Senate;
(b) for the first meeting of a House or a joint sitting to be held;
(c) for the election of the President and the Prime Minister to be held; and
Page 133 of 176
(d) to enable any other thing to be done which, for the purposes of the Constitution,
it is necessary to do before the commencing day,
come into force upon the enactment of the Constitution, but the person elected as President or Prime
Minister shall not enter upon his office before the commencing day.
(4) Where by the Constitution a power is conferred to make rules or to issue orders with respect
to the enforcement of any provision thereof, or with respect to the establishment of any court or office,
or the appointment of any Judge or officer there-under, or with respect to the person by whom, or the
time when, or the place where, or the manner in which, anything is to be done under any such provision,
then that power may be exercised at any time between the enactment of the Constitution and its
commencement.
266. Repeal. The Interim Constitution of the Islamic Republic of Pakistan, together with the
Acts and President's Orders making omissions from, additions to, modifications of, or amendments in,
that Constitution is hereby repealed.
CHAPTER 7.__ TRANSITIONAL
267. Power of President to remove difficulties.__ (1) At any time before the commencing day
or before the expiration of three months from the commencing day, the President may, for the purpose
of removing any difficulties, or for bringing the provisions of the Constitution into effective operation,
by Order, direct that the provisions of the Constitution shall, during such period as may be specified
in the Order, have effect, subject to such adaptations, whether by way of modification, addition or
omission, as he may deem to be necessary or expedient.
(2) An Order made under clause (1) shall be laid before both Houses without undue delay, and
shall remain in force until a resolution disapproving it is passed by each House or, in case of
disagreement between the two Houses, until such resolution is passed at a joint sitting.
1
[267A. Power to remove difficulties.__ (1) If any difficulty arises in giving effect to the
provisions of the Constitution (Eighteenth Amendment) Act, 2010, hereinafter in this Article referred
to as the Act, or for bringing the provisions of the Act into effective operation, the matter shall be laid
before both Houses in a joint sitting which may by a resolution direct that the provisions of the Act
shall, during such period as may be specified in the resolution, have effect, subject to such adaptations,
whether by way of modification, addition or omission, as may be deemed necessary or expedient:
Provided that this power shall be available for a period of one year from the commencement
of the Act.
267B. Removal of doubt.__ For removal of doubt it is hereby declared that Article 152A
omitted and Articles 179 and 195 substituted by the Constitution (Seventeenth Amendment) Act, 2003
(Act No. III of 2003), notwithstanding its repeal, shall be deemed always to have been so omitted and
substituted.]
268. Continuance in force, and adaptation of certain laws.__ (1) Except as provided by this
Article, all existing laws shall, subject to the Constitution, continue in force, so far as applicable and
with the necessary adaptations, until altered, repealed or amended by the appropriate Legislature.
1
Ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 93.
Page 134 of 176
1
[* * * * * * *]
(3) For the purpose of bringing the provisions of any existing law into accord with the
provisions of the Constitution (other than Part II of the Constitution), the President may by Order,
within a period of two years from the commencing day, make such adaptations, whether by way of
modification, addition or omission, as he may deem to be necessary or expedient, and any such Order
may be made so as to have effect from such day, not being a day earlier than the commencing day, as
may be specified in the Order.
(4) The President may 2authorise the Governor of a Province to exercise, in relation to the
Province, the powers conferred on the President by clause (3) in respect of laws relating to matters
with respect to which the Provincial Assembly has power to make laws.
(5) The powers exercisable under clauses (3) and (4) shall be subject to the provisions of an
Act of the appropriate Legislature.
(6) Any court, tribunal or authority required or empowered to enforce an existing law shall,
notwithstanding that no adaptations have been made in such law by an Order made under clause (3) or
clause (4), construe the law with all such adaptations as are necessary to bring it into accord with the
provisions of the Constitution.
(7) In this Article, “existing laws” means all laws (including Ordinances, Orders-in-Council,
Orders, rules, bye-laws, regulations and Letters Patent constituting a High Court, and any notifications
and other legal instruments having the force of law) in force in Pakistan or any part thereof, or having
extra-territorial validity, immediately before the commencing day.
Explanation.– In this Article, “in force”, in relation to any law, means having effect as law
whether or not the law has been brought into operation.
269. Validation of law, acts, etc.__ (1) All Proclamations, President's Orders, Martial Law
Regulations, Martial Law Orders and all other laws made between the twentieth day of December, one
thousand nine hundred and seventy-one and the twentieth day of April, one thousand nine hundred and
seventy- two (both days inclusive), are hereby declared, notwithstanding any judgment of any court,
to have been validly made by competent authority and shall not be called in question in any court on
any ground whatsoever.
(2) All orders made, proceedings taken and acts done by any authority, or by any person, which
were made, taken or done, or purported to have been made, taken or done, between the twentieth day
of December, one thousand nine hundred and seventy-one, and the twentieth day of April, one
thousand nine hundred and seventy-two (both days inclusive), in exercise of the powers derived from
any President's Orders, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules,
orders or bye-laws, or in execution of any orders made or sentences passed by any authority in the
exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any
court, be deemed to be and always to have been validly made, taken or done and shall not be called in
question in any court on any ground whatsoever.
(3) No suit or other legal proceedings shall lie in any court against any authority or any person
for or on account of or in respect of any order made, proceedings taken or act done whether in the
1
Omitted by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 94.
2
For such authorization, see Gaz. of Pak., 1973, Ext., Pt. II, p. 2001.
Page 135 of 176
exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance
with orders made or sentences passed in exercise or purported exercise of such powers.
270. Temporary validation of certain laws, etc.__ (1) 1[Majlis-e-Shoora (Parliament)] may
by law made in the manner prescribed for legislation for a matter in Part I of the Federal Legislative
List validate all Proclamations, President's Orders, Martial Law Regulations, Martial Law Orders and
other laws made between the twenty-fifth day of March, one thousand nine hundred and sixty-nine,
and the nineteenth day of December, one thousand nine hundred and seventy- one (both days
inclusive).
(2) Notwithstanding a judgment of any court, a law made by 1[Majlis-e-Shoora (Parliament)]
under clause (1) shall not be questioned in any court on any ground, whatsoever.
(3) Notwithstanding the provisions of clause (1), and a judgment of any court to the contrary,
for a period of two years from the commencing day, the validity of all such instruments as are referred
to in clause (1) shall not be called in question before any court on any ground whatsoever.
(4) All orders made, proceedings taken, and acts done by any authority, or any person, which
were made, taken or done, or purported to have been made, taken or done, between the twenty-fifth
day of March, one thousand nine hundred and sixty-nine and nineteenth day of December, one
thousand nine hundred and seventy-one (both days inclusive), in exercise of powers derived from any
President’s Orders, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules,
orders or bye-laws, or in execution of any order made or sentence passed by any authority in the
exercise or purported exercise of power as aforesaid shall, notwithstanding any judgment of any court,
be deemed to be and always to have been validly made, taken or done, so however that any such order,
proceeding or act may be declared invalid by 1[Majlis-e- Shoora (Parliament)] at any time within a
period of two years from the commencing day by resolution of both Houses, or in case of disagreement
between the two Houses, by such resolution passed at a joint sitting and shall not be called in question
before any court on any ground, whatsoever.
[ [270A. Affirmation of President’s Orders, etc.__ (1) The Proclamation of the fifth day of
2 3
July, 1977, all President's Orders, Ordinances, Martial Law Regulations, Martial Law Orders,
including the Referendum Order, 1984 (P.O. No. 11 of 1984), 4[* * * * * * *] the Revival of the
Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), the Constitution (Second Amendment) Order,
1985 (P.O. No. 20 of 1985), the Constitution (Third Amendment) Order, 1985 (P.O. No. 24 of 1985),
and all other laws made between the fifth day of July, 1977, and the date on which this Article comes
into force are hereby affirmed, adopted and declared, notwithstanding any judgement of any court, to
have been validly made by competent authority and, notwithstanding anything contained in the
Constitution, shall not be called in question in any court on any ground whatsoever :
Provided that a President’s Order, Martial Law Regulation or Martial Law Order made after
the thirtieth day of September, 1985, shall be confined only to making such provisions as facilitate, or
are incidental to, the revocation of the Proclamation of the fifth day of July, 1977.
(2) All orders made, proceedings taken and acts done by any authority or by any person, which
were made, taken or done, or purported to have been made, taken or done, between the fifth day of
July, 1977, and the date on which this Article comes into force, in exercise of the powers derived from
1
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
2
Ins. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
3
Subs. by the Constitution (Eighth Amendment) Act. 1985 (Act No. XVIII of 1985) s. 19, for “Art. 270A” (w. e. f. 30-12-1985) vide S. R. O. No. 1279
(1)/85, dated 29-12-85 read with Proclamation of Withdrawal of Martial Law, dated 30-12-85, see Gaz. of Pak., 1985, Ext., Pt. 1. pp. 431-432.
4
Omitted by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 95.
Page 136 of 176
any Proclamation, President’s Orders, Ordinances, Martial Law Regulations, Martial Law Orders,
enactments, notifications, rules, orders or bye-laws, or in execution of or in compliance with any order
made or sentence passed by any authority in the exercise or purported exercise of powers as aforesaid,
shall, notwithstanding any judgement of any court, be deemed to be and always to have been validly
made, taken or done and shall not be called in question in any court on any ground whatsoever.
(3) All President’s Orders, Ordinances, Martial Law Regulations, Martial Law Orders,
enactments, notifications, rules, orders, or bye-laws, in force immediately before the date* on which
this Article comes into force shall continue in force until altered, repealed or amended by competent
authority.
Explanation.__ In this clause, “competent authority” means,__
(a) in respect of President’s Order’s, Ordinances, Martial Law Regulations, Martial
Law Orders and enactments, the appropriate Legislature; and
(b) in respect of notifications, rules, orders and bye-laws, the authority in which the
power to make, alter, repeal or amend the same vests under the law.
(4) No suit, prosecution or other legal proceedings shall lie in any court against any authority
or any person, for or on account of or in respect of any order made, proceedings taken or act done
whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of
or in compliance with orders made or sentences passed in exercise or purported exercise of such
powers.
(5) For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken, acts done
or purporting to be made, taken or done by any authority or person shall be deemed to have been made,
taken or done in good faith and for the purpose intended to be served thereby.
1
[(6) The laws referred to in clause (1) may be amended by the appropriate Legislature in the
manner provided for amendment of such laws.
Explanation.__ In this Article, “President’s Orders” includes “President and Chief Martial Law
Administrator’s Order” and “Chief Martial Law Administrator’s Orders.]
1
[270AA. Declaration and continuance of laws etc.__ (1) The Proclamation of Emergency of
the fourteenth day of October, 1999, the Provisional Constitution Order No. 1 of 1999, the Oath of
Office (Judges) Order, 2000 (No. 1 of 2000), Chief Executive’s Order No. 12 of 2002, Chief
Executive’s Order No. 19 of 2002, the amendments made in the Constitution through the Legal
Framework Order, 2002 (Chief Executive’s Order No. 24 of 2002), the Legal Framework
(Amendment) Order, 2002 (Chief Executive’s Order No. 29 of 2002) and the Legal Framework
(Second Amendment) Order, 2002 (Chief Executive’s Order No. 32 of 2002), notwithstanding any
judgement of any court including the Supreme Court or a High Court, are hereby declared as having
been made without lawful authority and of no legal effect.
(2) Except as provided in clause (1) and subject to the provisions of the Constitution
(Eighteenth Amendment) Act, 2010, all laws including President’s Orders, Acts, Ordinances, Chief
Executive’s Orders, regulations, enactments, notifications, rules, orders or bye-laws made between the
twelfth day of October, one thousand nine hundred and ninety-nine and the thirty-first day of
December, two thousand and three (both days inclusive) and still in force shall, continue to be in force
until altered, repealed or amended by the competent authority.
1
Subs. by the Constitution (Eighteenth Amendment) Act, 2010, (Act No. X of 2010), ss. 95-96.
*
Article. 270A subs. by the Constitution (Eight Amendment) Act, 1985 (Act No. XVIII of 1985), which received President’s assent on 09-11-1985,
came into force on 09-11-1985.
Page 137 of 176
Explanation.__ For the purposes of clause (2) and clause (6), “competent authority” means,__
(a) in respect of Presidents’ Orders, Ordinances, Chief Executive’s Orders and all
other laws, the appropriate Legislature; and
(b) in respect of notification, rules, orders and bye-laws, the authority in which the
power to make, alter, repeal or amend the same vests under the law.
(3) Notwithstanding anything contained in the Constitution or clause (1), or judgement of any
court including the Supreme Court or a High Court,__
(a) Judges of the Supreme Court, High Courts and Federal Shariat Court who were
holding the office of a Judge or were appointed as such, and had taken oath
under the Oath of Office (Judges) Order, 2000, (1 of 2000), shall be deemed to
have continued to hold the office as a Judge or to have been appointed as such,
as the case may be, under the Constitution, and such continuance or
appointment, shall have effect accordingly.
(b) Judges of the Supreme Court, High Courts and Federal Shariat Court who not
having been given or taken oath under the Oath of Office of (Judges) Order,
2000 (1 of 2000), and ceased to hold the office of a Judge shall, for the purposes
of pensionary benefits only, be deemed to have continued to hold office under
the Constitution till their date of superannuation.
(4) All orders made, proceedings taken, appointments made, including secondments and
deputations, and acts done by any authority, or by any person which were made, taken or done, or
purported to have been made, taken or done, between the twelfth day of October, one thousand nine
hundred and ninety-nine and the thirty first day of December, two thousand and three (both days
inclusive), in exercise of the powers derived from any authority or laws mentioned in clause (2), or in
execution of or in compliance with any orders made or sentences passed by any authority in the
exercise or purported exercise of powers as aforesaid, shall, notwithstanding anything contained in
clause (1), be deemed to be valid and shall not be called in question in any court or forum on any
ground whatsoever.
(5) No suit, prosecution or other legal proceedings, including writ petitions, shall lie in any
court or forum against any authority or any person, for or on account of or in respect of any order
made, Proceedings taken or act done whether in the exercise or purported exercise of the powers
referred to in clause (2) or clause (4) or in execution of or in compliance with orders made or sentences
passed in exercise or purported exercise of such powers.
(6) Notwithstanding omission of the Concurrent Legislative List by the Constitution
(Eighteenth Amendment) Act, 2010, all laws with respect to any of the matters enumerated in the said
List (including Ordinances, Orders, rules, bye-laws, regulations and notifications and other legal
instruments having the force of law) in force in Pakistan or any part thereof, or having extra-territorial
operation, immediately before the commencement of the Constitution (Eighteenth Amendment) Act,
2010, shall continue to remain in force until altered, repealed or amended by the competent authority.
(7) Notwithstanding anything contained in the Constitution, all taxes and fees levied under any
law in force immediately before the commencement of the Constitution (Eighteenth Amendment) Act,
2010, shall continue to be levied until they are varied or abolished by an Act of the appropriate
Page 138 of 176
legislature.
(8) On the omission of the Concurrent Legislative List, the process of devolution of the matters
mentioned in the said List to the Provinces shall be completed by the thirtieth day of June, two thousand
and eleven.
(9) For purposes of the devolution process under clause (8), the Federal Government shall
constitute an Implementation Commission as it may deem fit within fifteen days of the commencement
of the Constitution (Eighteenth Amendment) Act, 2010.]
270AAA. 1[Validation and affirmation of laws etc.]
270B. Elections to be deemed to be held under Constitution. Notwithstanding anything
contained in the Constitution, the elections held under the Houses of (Parliament) and Provincial
Assemblies (Elections) Order, 1977, 2[and the Conduct of General Elections Order, 2002 (Chief
Executive's Order No. 7 of 2002),] to the Houses and the Provincial Assemblies shall be deemed to
have been held under the Constitution and shall have effect accordingly.]
3
[270BB. General Elections 2008.__ Notwithstanding anything contained in the Constitution
or any other law for the time being in force, the General Elections 2008, to the National Assembly and
the Provincial Assemblies held on the eighteenth day of February, two thousand and eight shall be
deemed to have been held under the Constitution and shall have effect accordingly.]
270C. 4[* * * * * * *]
5
[271. First National Assembly.__ (1) Notwithstanding anything contained in the Constitution
but subject to 6[Article 63,] Article 64 and Article 223,__
6
[(a) the first National Assembly shall consist of__
(i) persons who have taken oath in the National Assembly of Pakistan
existing immediately before the commencing day, and
(ii) the persons to be elected in accordance with law by the members of the
Assembly to fill the seats referred to in clause (2A) of Article 51,
and, unless sooner dissolved, shall continue until the fourteenth day of August, one thousand
nine hundred and seventy-seven; and reference to ‘total membership’ of the National Assembly
in the Constitution shall be construed accordingly;]
(b) the qualifications and disqualifications for being elected and being a member of
the first National Assembly shall, except in case of members filling casual
vacancies 6[, or to be elected to the additional seats referred to in clause (2A) of
Article 51,] after the commencing day, be the same as under the Interim
Constitution of the Islamic Republic of Pakistan:
1
Article 270AAA has been inserted w. e. f the 20th Nov,2007, vide A.6 of the constitution (Amendment) Order, 2007, (P.O. 2007), which was declared
unlawful, without authority and void ab initio by the Supreme Court of Pakistan.
2
Ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 97, and shall be deemed always to have been so, ins. with affect
from the 21st day of August 2002.
3
Ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 98.
4
Omitted as a consequence of the (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), see section 2 and Article 270AA.
5
Art. 271 shall, during the period of five years from the 27th October, 1973, have effect as if, __
(a)after clause (2) thereof, the following new clause was ins., namely:__ “(2A) A person referred to in clause (2) shall resign one of his seats at any time
on or before the 10th day of November, 1973, and, if he does not so resign, the seat to which he was elected first shall become vacant.”; and
(b)in clause (3) thereof, after the words “election petition”, the words “or other-wise” were inserted, see
the Removal of Difficulties (Bar against Double Membership) Order, 1973 (P. O. No. 22 of 1973).
6
Ins. and subs. by the Constitution (Fourth Amendment) Act, 1975 (Act No. LXXI of 1975), s. 9, (w. e. f. the 21st November, 1975).
Page 139 of 176
Provided that no person holding an office of profit in the service of Pakistan shall continue to
be a member of the first National Assembly after the expiration of three months from the commencing
day.
(2) If a person referred to in paragraph (a) of clause (1) is, immediately before the commencing
day, also a member of a Provincial Assembly, he shall not take a seat in the National Assembly or the
Provincial Assembly until he resigns one of his seats.
(3) A casual vacancy in a seat in the first National Assembly, including a vacancy in a seat in
the National Assembly of Pakistan existing before the commencing day which was not filled before
that day, caused by reason of death or resignation of a member or consequent upon his incurring a
disqualification or ceasing to be a member as a result of the final decision of an election petition may
be filled in the same manner in which it would have been filled before the commencing day.
(4) A person referred to in paragraph (a) of clause (1) shall not sit or vote in the National
Assembly until he has made the oath prescribed by Article 65 and, if, without the leave of the Speaker
of the National Assembly granted on reasonable cause shown, he fails to make the oath within twenty
one days from the day of the first meeting of the Assembly, his seat shall become vacant at the
expiration of that period.
1
272. First 2[constitution of] Senate. 3[*]Notwithstanding anything contained in the
Constitution, but subject to 3[Article 63 and] Article 223,__
(a) the Senate shall, until the first National Assembly under the Constitution
continues in existence, consist of forty-five members and the provisions of
Article 59 shall have effect as if, in paragraph (a) of clause (1) thereof, for the
word "fourteen" the word "ten" and in paragraph (b) of that clause for the word
"five" the word "three", were substituted, and reference to "total membership"
of the Senate in the Constitution shall be construed accordingly;
(b) the members elected or chosen as members of the Senate shall be divided into
two groups by drawing of lots, the first group consisting of five members from
each Province, two members from the Federally Administered Tribal Areas and
one member from the Federal Capital and the second group consisting of five
members from each Province, one member from the said Areas and one member
from the Federal Capital;
(c) the term of office of members of the first group and of the second group shall
respectively be two years and four years;
(d) the term of office of persons elected or chosen to succeed the members of the
Senate at the expiration of their respective terms shall be four years;
1
Article 272 had, between the 9th June, 1973, and the 14th August, 1974, effect subject to the following modifications made by the Election to the
Senate Order, 1973 (P.O.No.8 OF 1973), namely:__
In the said Article, after clause (1), the following new clause shall be added, namely: __
“(2) Until Parliament by law makes provision in that behalf, the President may, for the purpose of the due constitution of, and election to, the Senate, by
Order, make provision for any of the matters referred to in__
(a)Paragraphs (d) and (e) of clause (1) of Article 63;
(b)Paragraphs (d), (e) and (f) of Article 222; and
(c)Article 225.".
2
Ins. by the Constitution (First Amendment) Act, 1974 (Act No. XXXIII of 1974), s. 16, (w. e. f. the 4th May, 1974).
3
Omitted and ins. by the Constitution (Fourth Amendment) Act. ,1975 (Act No. LXXI of 1975), s. 10, (w. e. f. 21st November, 1975).
Page 140 of 176
(e) the term of office of a person elected or chosen to fill a casual vacancy shall be
the unexpired term of the member whose vacancy he is elected or chosen to fill;
(f) as soon as the first general election to the National Assembly is held, there shall
be elected to the Senate four additional members from each Province and two
additional members from the Federally Administered Tribal Areas; and
(g) the term of office of such half of the members elected under paragraph (f) as
may be determined by drawing of lots shall be the unexpired term of office of
the members of the first group and the term of office of the other half shall be
the unexpired term of the members of the second group.
1
273. First Provincial Assembly.__ (1) Notwithstanding anything contained in the
Constitution, but subject to 2[Article 63,] Article 64 and Article 223,__
2
[(a) the first Assembly of a Province under the Constitution shall consist of__
(i) the members of the Assembly of that Province in existence immediately
before the commencing day, and
(ii) the additional members to be elected in accordance with law by the
members of the Assembly to fill the seats referred to in clause (3) of
Article 106,
and, unless sooner dissolved, shall continue until the fourteenth day of August,
one thousand nine hundred and seventy-seven; and reference to “total
membership” of the Assembly of a Province in the Constitution shall be
construed accordingly;]
(b) the qualifications and disqualifications for member-ship of the first Assembly of
a Province shall, except in case of members filling casual vacancies 2[, or to be
elected to the additional seats referred to in clause (3) of Article 106,] after the
commencing day, be the same as were provided in the Interim Constitution of
the Islamic Republic of Pakistan:
Provided that no person holding an office of profit in the service of Pakistan shall continue to
be a member of the Assembly after the expiration of three months from the commencing day.
(2) A casual vacancy in a seat in the first Assembly of a Province, including a vacancy in a seat
in the Assembly of that Province in existence immediately before the commencing day which was not
filled before that day, caused by reason of death or resignation of a member or consequent upon his
incurring a disqualification or ceasing to be a member as a result of the final decision of an election
petition may be filled in the same manner in which it would have been filled before the commencing
day.
(3) A member referred to in paragraph (a) of clause (1) shall not sit or vote in the Provincial
Assembly until he has made the oath prescribed by Article 65 read with Article 127 and, if, without
leave of the Speaker of the Provincial Assembly granted on reasonable cause shown, he fails to make
1
Article 273 shall, during the period of five years from the 27th October, 1973, have effect as if, in clause (2) thereof, after the words “elections petitions”,
the words “or otherwise” were ins., see. the Removal of Difficulties (Bar against Double Membership) Order, 1973 (P.O. No.22 of 1973).
2
Ins. and subs. by the Constitution (Fourth Amendment) Act, 1975 (Act No. LXXI of 1975), s. 11, (w. e. f. the 21st November, 1975).
Page 141 of 176
the oath within twenty-one days from the day of the first meeting of the Provincial Assembly, his
seat shall become vacant at the expiration of that period.
274. Vesting of property, assets, rights, liabilities and obligations.__ (1) All property and
assets which, immediately before the commencing day, were vested in the President or the Federal
Government shall, as from that day, vest in the Federal Government unless they were used for purposes
which, on that day, became purposes of the Government of a Province, in which case they shall, as
from that day, vest in the Government of the Province.
(2) All property and assets which, immediately before the commencing day, were vested in the
Government of a Province, shall, as from that day, continue to be vested in the Government of that
Province, unless they were used for purposes, which on that day, became purposes of the Federal
Government in which case they shall, as from that day, vest in the Federal Government.
(3) All rights, liabilities and obligations of the Federal Government or of the Government of a
Province, whether arising out of contract or otherwise, shall as from the commencing day, continue to
be respectively the rights, liabilities and obligations of the Federal Government or of the Government
of the Province, except that__
(a) all rights, liabilities and obligations relating to any matter which, immediately
before that day, was the responsibility of the Federal Government, but which
under the Constitution, has become the responsibility of the Government of a
Province, shall devolve upon the Government of that Province; and
(b) all rights, liabilities and obligations relating to any matter which, immediately
before that day, was the responsibility of the Government of a Province, but
which under the Constitution, has become the responsibility of the Federal
Government, shall devolve upon the Federal Government.
275. Continuance in office of persons in service of Pakistan, etc.__ (1) Subject to the
Constitution and until law is made under Article 240 any person who, immediately before the
commencing day, was in the service of Pakistan shall, as from that day, continue in the service of
Pakistan on the same terms and conditions as were applicable to him under the Interim Constitution of
the Islamic Republic of Pakistan immediately before that day.
(2) Clause (1) shall also apply in relation to a person holding office immediately before the
commencing day as__
(a) Chief Justice of Pakistan or other Judge of the Supreme Court, or Chief Justice
or other Judge of a High Court;
(b) Governor of a Province;
(c) Chief Minister of a Province;
(d) Speaker or Deputy Speaker of the National Assembly or a Provincial Assembly;
(e) Chief Election Commissioner;
(f) Attorney-General for Pakistan or Advocate-General for a Province; and
(g) Auditor-General of Pakistan.
Page 142 of 176
(3) Notwithstanding anything contained in the Constitution, for a period of six months from
the commencing day, a Federal Minister or a Minister of State or the Chief Minister of a Province or
a Provincial Minister may be a person who is not a member of 1[Majlis-e-Shoora (Parliament)] or, as
the case may be, the Provincial Assembly of that Province; and such Chief Minister and Provincial
Minister shall have the right to speak and otherwise take part in the proceedings of the Provincial
Assembly or any committee thereof of which he may be named a member, but shall not by virtue of
this clause be entitled to vote.
(4) Any person who, under this Article, is continued in an office in respect of which a form of
oath is set out in the Third Schedule shall, as soon as is practicable after the commencing day, make
before the appropriate person oath in that form.
(5) Subject to the Constitution and law__
(a) all civil, criminal and revenue courts exercising jurisdiction and functions
immediately before the commencing day shall, as from that day, continue to
exercise their respective jurisdictions and functions; and
(b) all authorities and all officers (whether judicial, executive, revenue or
ministerial) throughout Pakistan exercising functions immediately before the
commencing day shall, as from that day, continue to exercise their respective
functions.
276. Oath of first President. Notwithstanding anything contained in the Constitution, the first
President may, in the absence of the Chief Justice of Pakistan, make the oath referred to in Article 42
before the Speaker of the National Assembly.
277. Transitional financial provisions.__ (1) The schedule of authorized expenditure
authenticated by the President for the financial year ending on the thirtieth day of June, one thousand
nine hundred and seventy-four, shall continue to remain a valid authority for expenditure from the
Federal Consolidated Fund for that year.
(2) The President may, in respect of expenditure of the Federal Government for any financial
year preceding the financial year commencing on the first day of July, one thousand nine hundred and
seventy-three (being expenditure in excess of the authorized expenditure for that year), authorize the
withdrawal of moneys from the Federal Consolidated Fund.
(3) The provisions of clauses (1) and (2) shall apply to and in relation to a Province, and for
that purpose__
(a) any reference in those provisions to the President shall be read as a reference to
the Governor of the Province;
(b) any reference in those provisions to the Federal Government shall be read as a
reference to the Government of the Province; and
(c) any reference in those provisions to the Federal Consolidated Fund shall be read
as a reference to the Provincial Consolidated Fund of the Province.
1
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
Page 143 of 176
278. Accounts not audited before commencing day. The Auditor-General shall perform the
same functions and exercise the same powers in relation to accounts which have not been completed
or audited before the commencing day as, by virtue of the Constitution, he is empowered to perform
or exercise in relation to other accounts, and Article 171 shall, with the necessary modifications, apply
accordingly.
279. Continuance of taxes. Notwithstanding anything contained in the Constitution, all taxes
and fees levied under any law in force immediately before the commencing day shall continue to be
levied until they are varied or abolished by Act of the appropriate Legislature.
280. Continuance of Proclamation of Emergency. The Proclamation of Emergency issued
on the twenty-third day of November, one thousand nine hundred and seventy-one, shall be deemed to
be a Proclamation of Emergency issued under Article 232, and for the purposes of clause (7) and clause
(8) thereof to have been issued on the commencing day, and any law, rule or order made or purporting
to have been made in pursuance of that Proclamation shall be deemed to have been validly made 1[and
shall not be called in question in any Court on the ground of inconsistency with any of the rights
conferred by Chapter I of Part II. ]
________
1
Added by the Constitution (Fifth Amendment) Act, 1976 (Act No. LXII of 1976), s. 17 and shall be deemed always to have been so added.
Page 144 of 176
1
[ANNEX
(Article 2A)
The Objectives Resolution
In the name of Allah, the Beneficient, the Merciful:
Whereas sovereignty over the entire universe belongs to Allah Almighty alone and the
authority which He has delegated to the State of Pakistan, through its people for being exercised within
the limits prescribed by Him is a sacred trust;
This Constituent Assembly representing the people of Pakistan resolves to frame a constitution
for the sovereign independent State of Pakistan;
Wherein the State shall exercise its powers and authority through the chosen representatives of
the people;
Wherein the principles of democracy, freedom, equality, tolerance and social justice as
enunciated by Islam shall be fully observed;
Wherein the Muslims shall be enabled to order their lives in the individual and collective
spheres in accordance with the teachings and requirements of Islam as set-out in the Holy Quran and
the Sunnah;
Wherein adequate provision shall be made for the minorities to 2[freely] profess and practise
their religions and develop their cultures;
Wherein the territories now included in or in accession with Pakistan and such other territories
as may hereafter be included in or accede to Pakistan shall form a Federation wherein the units will be
autonomous with such boundaries and limitations on their powers and authority as may be prescribed;
Wherein shall be guaranteed fundamental rights including equality of status, of opportunity
and before law, social, economic and political justice, and freedom of thought, expression, belief, faith,
worship and association, subject to law and public morality;
Wherein adequate provision shall be made to safeguard the legitimate interests of minorities
and backward and depressed classes;
Wherein the independence of the Judiciary shall be fully secured;
Wherein the integrity of the territories of the Federation, its independence and all its rights
including its sovereign rights on land, sea and air shall be safeguarded;
So that the people of Pakistan may prosper and attain their rightful and honoured place amongst
the nations of the World and make their full contribution towards international peace and progress and
happiness of humanity.]
1
Ins. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
2
Ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 99.
Page 145 of 176
1
[FIRST SCHEDULE
[Article 8(3) (b) and (4)]
Laws exempted from the operation of Article 8 (1) and (2).
PART I
I. PRESIDENT’S ORDERS
1. The Acceding State (Property) Order, 1961 (P. O. No. 12 of 1961).
2. The Economic Reforms Order, 1972 (P. O. No. 1 of 1972).
II. REGULATIONS
1. The Land Reforms Regulation, 1972.
2. The Land Reforms (Baluchistan Pat Feeder Canal) Regulation, 1972.
3. The Economic Reforms (Protection of Industries) Regulation, 1972.
4. The Distribution of Property (Chitral) Regulation, 1974 (II of 1974).
5. The Settlement of Disputes of Immovable Property (Chitral) Regulation, 1974 (III of 1974).
6. The Dir and Swat (Devolution and Distribution of Property and Settlement of Disputes of
Immovable Property) (Amendment) Regulation, 1975 (II of 1975).
2
[7. The Settlement of Disputes of Immovable Property (Chitral) (Amendment) Regulation, 1976
(XII of 1976).]
III. FEDERAL ACTS
1. The Land Reforms (Amendment) Act, 1974 (XXX of 1974).
2. The Land Reforms (Amendment) Act, 1975 (XXXIX of 1975).
2
[3. The Flour Milling Control and Development Act, 1976 (LVII of 1976).
4. The Rice Milling Control and Development Act, 1976 (LVIII of 1976).
5. The Cotton Ginning Control and Development Act, 1976 (LIX of 1976).]
3
[* * * * * * *]
1
Subs. by the Constitution (Fourth Amendment) Act, 1975 (Act No. LXXI of 1975), s. 12, (w. e. f. the 21st November, 1975).
2
Added by the Constitution (Fifth Amendment) Act, 1976 (Act No. LXII of 1976), s. 18, (w. e. f. the 13th September, 1976).
3
Added by the Constitution (Twenty-first Amendment) Act, 2015 (Act No. I of 2015) and stood cease to form part of the Constitution and stood stand
repealed on the expiration of two years.
Page 146 of 176
1
6. [* * * * * * *]
1
7. [* * * * * * *]
2
8. [* * * * * * *]
2
9. [* * * * * * *]
IV. ORDINANCES PROMULGATED BY THE PRESIDENT
The Land Reforms (Amendment) Ordinance, 1975 (XXI of 1975), and the Federal Act enacted to
replace the said Ordinance.
V. PROVINCIAL ACTS
1. The Land Reforms (Baluchistan Amendment) Act, 1974 (Baluchistan Act XI of 1974).
2. The Land Reforms (Pat Feeder Canal Regulation) (Amendment) Act, 1975 (Baluchistan Act
VII of 1975).
3
[VI. PROVINCIAL ORDINANCE
The Land Reforms (Pat Feeder Canal) (Amendment) Ordinance, 1976.]
PART II
I. PRESIDENT’S ORDERS
1. The Minerals (Acquisition and Transfer) Order, 1961 (P. O. No. 8 of 1961).
2. The Companies (Managing Agency and Election of Directors) Order, 1972 (P. O. No. 2 of
1972).
3. The Co-operative Societies (Reforms) Order, 1972 (P. O. No. 9 of 1972).
4. The Life Insurance (Nationalization) Order, 1972 (P. O. No. 10 of 1972).
5. The Martial Law (Pending Proceedings) Order, 1972 (P. O. No. 14 of 1972).
6. The Rulers of Acceding States (Abolition of Privy Purses and Privileges) Order, 1972 (P. O.
No. 15 of 1972).
7. The Industrial Sanctions and Licences (Cancellation) Order, 1972 (P. O. No. 16 of 1972).
8. The Criminal Law Amendment (Special Court) Order, 1972 (P. O. No. 20 of 1972).
II. REGULATIONS
1. Rawalpindi (Requisition of Property) Regulation, 1959.
2. The Pakistan Capital Regulation, 1960.
1
The entries 6 and 7 stood repealed by the Constitution (Twenty-third Amendment) Act, 2017 (Act No. XII of 2017)), s. 3, after the expiry of two years
on 6th January, 2019.
2
The entries 8 and 9 stood repealed by the Constitution (Twenty-first Amendment) Act, 2015 (Act No. I of 2015)), s.1, after the expiry of two years on
6th January, 2017.
3
Added by the Constitution (Fifth Amendment) Act, 1976 (Act No. LXII of 1976), s. 18 (w.e.f. the 13th September, 1976).
Page 147 of 176
3. The Scrutiny of Claims (Evacuee Property) Regulation, 1961.
4. The Income Tax (Correction of Returns and False Declaration) Regulation, 1969.
5. The Improper Acquisition of Property Regulation, 1969.
6. The Removal from Service (Special Provisions) Regulation, 1969.
7. The Living Beyond Ostensible Means (Punishment) Regulation, 1969.
8. The Government Agricultural Land (Recovery of Illegal Possession) Regulation, 1969.
9. The Enemy Property (Payment of Money Due to Enemy) Regulation, 1970.
10. The Withdrawal of Currency Notes (High Denomination) Regulation, 1971.
11. The Price of Evacuee Property and Public Dues (Recovery) Regulation, 1971.
12. The Peshawar District and Tribal Areas (Settlement of Disputes) Regulation, 1971.
13. The Convention Muslim League and Awami League (Scrutiny of Funds) Regulation, 1971.
14. The Foreign Exchange Repatriation Regulation, 1972.
15. The Foreign Assets (Declaration) Regulation, 1972.
16. The Removal from Service (Review Petition) Regulation, 1972.
17. The privately Managed Schools and Colleges (Taking Over) Regulation, 1972.
18. The Enemy Property (Revocation of Sales) Regulation, 1972.
19. The Dir and Swat (Devolution and Distribution of Property) Regulation, 1972.
20. The Dir and Swat (Settlement of Disputes of Immovable Property) Regulation, 1972.
21. The West Pakistan Industrial Development Corporation (Revocation of Sale or Transfer)
Regulation, 1972.
22. The National Press Trust (Suspension of Board of Trustees and Directors) Regulation, 1972.
23. The Co-operative Banks (Repayment of Loans) (Punjab) Regulation, 1972.
24. The Co-operative Societies (Repayment of Loans) (Sindh) Regulation, 1972.
III. ORDINANCES PROMULGATED BY THE PRESIDENT
1. The Control of Shipping Ordinance, 1959 (XIII of 1959).
2. The Jammu and Kashmir (Administration of Property) Ordinance, 1961 (III of 1961).
3. The Muslim Family Laws Ordinance, 1961 (VIII of 1961).
Page 148 of 176
4. The Security of Pakistan (Amendment) Ordinance, 1961 (XIV of 1961).
5. The Associated Press of Pakistan (Taking Over) Ordinance, 1961 (XX of 1961).
6. The Trade Organisations Ordinance, 1961 (XLV of 1961).
IV. FEDERAL ACTS
The Censorship of Films Act, 1963 (XVIII of 1963).
V. ORDINANCES PROMULGATED BY THE GOVERNOR OF FORMER PROVINCE OF
WEST PAKISTAN
1. The West Pakistan Government Educational and Training Institutions Ordinance, 1960 (W.P.
Ordinance No. XI of 1960).
2. The West Pakistan Wakf Properties Ordinance, 1961 (W.P. Ordinance No. XXVIII of 1961).
3. The Societies Registration (West Pakistan Amendment) Ordinance, 1962 (W.P. Ordinance No.
IX of 1962).
4. The West Pakistan Industries (Control on Establishment and Enlargement) Ordinance, 1963
(W.P. Ordinance No. IV of 1963).
VI. ORDINANCES PROMULGATED BY THE GOVERNOR OF THE NORTH-WEST
FRONTIER PROVINCE
1. The North-West Frontier Province Government Educational and Training Institutions
Ordinance, 1971 (N.W.F.P. Ordinance No. III of 1971).
2. The North-West Frontier Province Chashma Right Bank Canal Project (Control and Prevention
of Speculation in Land) Ordinance, 1971 (N.W.F.P. Ordinance No. V of 1971).
3. The North-West Frontier Province Gomal Zam Project (Control and Prevention of Speculation
in Land) Ordinance, 1971 (N.W.F.P. Ordinance No. VIII of 1971).]
_____
Page 149 of 176
1
[SECOND SCHEDULE
[Article 41 (3)]
Election Of President
1. The 2[Election Commission of Pakistan] shall hold and conduct election to the office of
President, and 2[Chief Election Commissioner] shall be the Returning Officer for such election.
2. The 2[Election Commission of Pakistan] shall appoint Presiding Officers to preside at the
meeting of the members of Majlis-e-Shoora (Parliament) and at the meetings of the members of the
Provincial Assemblies.
3. The Chief Election Commissioner shall by public notification fix the time and place for
depositing nomination papers, holding a scrutiny, making withdrawals, if any, and holding the poll, if
necessary.
4. At any time before noon on the day fixed for nomination any member of the Majlis-e-Shoora
(Parliament) or of a Provincial Assembly may nominate for election as President a person qualified
for election as President by delivering to the Presiding Officer a nomination paper, signed by himself
as proposer and by another member of the Majlis-e- Shoora (Parliament) or, as the case may be
Assembly as seconder, together with a statement signed by the person nominated that he consents to
the nomination:
Provided that no person shall subscribe, whether as proposer or as seconder, more than one
nomination paper at any one election.
5. The scrutiny shall be held by the Chief Election Commissioner at the time and place fixed by
him, and if after scrutiny only one person remains validly nominated, the Chief Election Commissioner
shall declare that person to be elected, or if more than one person remains validly nominated, he shall
announce, by public notification, the names of the persons validly nominated, to be hereinafter called
the candidates.
6. A candidate may withdraw his candidature at any time before noon on the day fixed for this
purpose by delivering a notice in writing under his hand to the Presiding Officer with whom his
nomination paper has been deposited, and a candidate who has given a notice of withdrawal of his
candidature under this paragraph shall not be allowed to cancel that notice.
7. If all but one of the candidates have withdrawn, that one shall be declared by the Chief Election
Commissioner to be elected.
8. If there is no withdrawal, or if, after withdrawals have taken place, two or more candidates are
left, the Chief Election Commissioner shall announce by Public notification the names of the
candidates, and their proposers and seconders, and shall proceed to hold a poll by secret ballot in
accordance with the provisions of the succeeding paragraphs.
9. If a candidate whose nomination has been found to be in order dies after the time fixed for
nomination, and a report of his death is received by the Presiding Officer before the commencement
1
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
2
Subs. and ins. by the Constitution (Twentieth Amendment) Act, 2012 (Act No. V of 2012), s. 10.
Page 150 of 176
of the poll, the Presiding Officer shall, upon being satisfied of the fact of the death of the candidate,
countermand the poll and report the fact to the Chief Election Commissioner, and all proceedings with
reference to the election shall be commenced a new in all respects as if for a new election:
Provided that no further nomination shall be necessary in the case of a candidate whose
nomination was valid at the time of the countermanding of the poll:
Provided further that no person who has under paragraph 6 of this Schedule given notice of
withdrawal of his candidature before the countermanding of the poll shall be ineligible for being
nominated as a candidate for the election after such countermanding.
10. The poll shall be taken at the meetings of Majlis-e-Shoora (Parliament) and of each Provincial
Assembly, and the respective Presiding Officers shall conduct the poll with the assistance of such
officers as they may, with the approval of the Chief Election Commissioner, respectively appoint.
11. A ballot paper shall be issued to every member of Majlis-e-Shoora (Parliament), and of each
Provincial Assembly, who presents himself for voting at the meeting of the members of the Majlis-e-
Shoora (Parliament) or, as the case may be of the Provincial Assembly of which he is a member
(hereinafter referred to as a person voting), and he shall exercise his vote personally by marking the
paper in accordance with the provisions of the succeeding paragraphs.
12. The poll shall be by secret ballot by means of ballot papers containing the names of all the
candidates in alphabetical order who have not withdrawn, and a person voting shall vote by placing a
mark against the name of the person for whom he wishes to vote.
13. Ballot papers shall be issued from a book of ballot papers with counterfoils, each counterfoil
being numbered; and when a ballot paper is issued to a person voting his name shall be entered on the
counterfoil, and the ballot paper shall be authenticated by the initials of the Presiding Officer.
14. A ballot paper having been marked by the person voting shall be deposited by that person in a
ballot box to be placed in front of the Presiding Officer.
15. If a ballot paper is spoiled by a person voting he may return it to the Presiding Officer, who
shall issue a second ballot paper, cancelling the first ballot paper and marking the cancellation on the
appropriate counterfoil.
16. A ballot paper shall be invalid if__
(i) there is upon it any name, word or mark, by which the person voting may be
identified; or
(ii) it does not contain the initials of the Presiding Officer; or
(iii) it does not contain mark; or
(iv) a mark is placed against the names of two or more candidates; or
(v) there is any uncertainty as to the identity of the candidate against whose name
the mark is placed.
17. After the close of the poll each Presiding Officer shall, in the presence of such of the candidates
or their authorized representatives as may desire to be present, open and empty the ballot boxes and
Page 151 of 176
examine the ballot papers therein, rejecting any which are invalid, count the number of votes recorded
for each candidate on the valid ballot papers, and communicate the number of the votes so recorded to
the Chief Election Commissioner.
18. (1) The Chief Election Commissioner shall determine the result of the election in the following
manner, namely:__
(a) the number of votes cast in the Majlis-e-Shoora (Parliament) in favour of each
candidate shall be counted;
(b) the number of votes cast in a Provincial Assembly in favour of each candidate
shall be multiplied by the total number of seats in the Provincial Assembly for
the time being having the smallest number of seats and divided by the total
number of seats in the Provincial Assembly in which the votes have been cast;
and
(c) the number of votes calculated in the manner referred to in clause (b) shall be
added to the number of votes counted under clause (a).
Explanation.__ In this paragraph, “total number of seats” includes seats reserved for non-
Muslims and women.
(2) A fraction shall be rounded off to the nearest whole.
19. The candidate who has obtained the largest number of votes compiled in the manner specified
in paragraph 18 shall be declared by the Chief Election Commissioner to be elected.
20. Where at any poll any two or more candidates obtain an equal number of votes, the selection
of the candidate to be elected shall be by drawing of lots.
21. When, after any poll, the counting of the votes has been completed, and the result of the voting
determined, the Chief Election Commissioner shall forthwith announce the result to those present, and
shall report the result to the Federal Government, who shall forthwith cause the result to be declared
by a public notification.
22. The 1[Election Commission of Pakistan] may, by public notification, with the approval of the
President, make rules for carrying out the purposes of this Schedule.]
1
Subs. by the Constitution (Twentieth Amendment) Act, 2012 (Act No. V of 2012) s.10.
Page 152 of 176
THIRD SCHEDULE
Oaths of Office
PRESIDENT
[Article 42]
(In the name of Allah, the most Beneficent, the most Merciful.)
I,____________________________________________, do solemnly swear that I am a Muslim and believe in
the Unity and Oneness of Almighty Allah, the Books of Allah, the Holy Quran being the last of them,
the Prophethood of Muhammad (peace be upon him) as the last of the Prophets and that there can be
no Prophet after him, the Day of Judgement, and all the requirements and teachings of the Holy Quran
and Sunnah:
That I will bear true faith and allegiance to Pakistan:
That, as President of Pakistan, I will discharge my duties, and perform my functions, honestly,
to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of
Pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and
prosperity of Pakistan:
That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:
That I will not allow my personal interest to influence my official conduct or my official
decisions:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
That, in all circumstances, I will do right to all manner of people, according to law, without
fear or favour, affection or ill-will:
And that I will not directly or indirectly communicate or reveal to any person any matter which
shall be brought under my consideration or shall become known to me as President of Pakistan, except
as may be required for the due discharge of my duties as President.
1
[May Allah Almighty help and guide me (A’meen).]
1
Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
Page 153 of 176
PRIME MINISTER
[Article 91 1[(5)]]
(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________________________________, do solemnly swear that I am a Muslim and
believe in the Unity and Oneness of Almighty Allah, the Books of Allah, the Holy Quran being the
last of them, the Prophethood of Muhammad (peace be upon him) as the last of the Prophets and that
there can be no Prophet after him, the Day of Judgement, and all the requirements and teachings of the
Holy Quran and Sunnah.
That I will bear true faith and allegiance to Pakistan:
That, as Prime Minister of Pakistan, I will discharge my duties, and perform my functions,
honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic
Republic of Pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity,
well-being and prosperity of Pakistan :
That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:
That I will not allow my personal interest to influence my official conduct or my official
decisions :
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
That, in all circumstances, I will do right to all manner of people, according to law, without
fear or favour, affection or ill-will:
And that I will not directly or indirectly communicate or reveal to any person any matter which
shall be brought under my consideration or shall become known to me as Prime Minister, except as
may be required for the due discharge of my duties as Prime Minister.
2
[May Allah Almighty help and guide me (A’meen).]
1
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 100.
2
Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
Page 154 of 176
FEDERAL MINISTER OR MINISTER OF STATE
[Article 92 (2)]
(In the name of Allah, the most Beneficent, the most Merciful.)
I, _____________________________, do solemnly swear that I will bear true faith and
allegiance to Pakistan:
That, as Federal Minister (or Minister of State); I will discharge my duties, and perform my
functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the
Islamic Republic of Pakistan and the law, and always in the interest of the sovereignty, integrity,
solidarity, well-being and prosperity of Pakistan :
That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:
That I will not allow my personal interest to influence my official conduct or my official
decisions:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
That, in all circumstances, I will do right to all manner of people, according to law, without
fear or favour, affection or ill-will:
And that I will not directly or indirectly communicate or reveal to any person any matter which
shall be brought under my consideration or shall become known to me as Federal Minister (or Minister
of State), except as may be required for the due discharge of my duties as Federal Minister (or Minister
of State), or as may be specially permitted by the Prime Minister.
1
[May Allah Almighty help and guide me (A’meen).]
___________
1
Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
Page 155 of 176
SPEAKER OF NATIONAL ASSEMBLY OR CHAIRMAN OF SENATE
[Articles 53(2) and 61]
(In the name of Allah, the most Beneficent, the most Merciful.)
I, __________________________, do solemnly swear that I will bear true faith and allegiance
to Pakistan:
That, as Speaker of the National Assembly (or Chairman of the Senate) and whenever I am
called upon to act as President of Pakistan, I will discharge my duties, and perform my functions
honestly, to the best of my ability, faithfully, in accordance with the Constitution of the Islamic
Republic of Pakistan, the law and as Speaker of the National Assembly in accordance with the rules
of the Assembly (or as Chairman of the Senate in accordance with the rules of the Senate), and always
in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of Pakistan :
That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:
That I will not allow my personal interest to influence my official conduct or my official
decisions:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
And that, in all circumstances, I will do right to all manner of people, according to law, without
fear or favour, affection or ill-will.
1
[May Allah Almighty help and guide me (A’meen).]
_________
1
Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
Page 156 of 176
DEPUTY SPEAKER OF NATIONAL ASSEMBLY OR DEPUTY CHAIRMAN
[Articles 53 (2) and 61]
(In the name of Allah, the most Beneficent, the most Merciful.)
I, ______________________________, do solemnly swear that I will bear true faith and
allegiance to Pakistan:
That, whenever I am called upon to act as Speaker of the National Assembly (or Chairman of
the Senate), I will discharge my duties, and perform my functions honestly, to the best of my ability,
faithfully, in accordance with the Constitution of the Islamic Republic of Pakistan, the law and the
rules of the Assembly (or Senate), and always in the interest of the sovereignty, integrity, solidarity,
well-being and prosperity of Pakistan:
That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:
That I will not allow my personal interest to influence my official conduct or my official
decisions:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
And that, in all circumstances, I will do right to all manner of people, according to law, without
fear or favour, affection or ill-will.
1
[May Allah Almighty help and guide me (A’meen).]
__________
1
Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
Page 157 of 176
MEMBER OF NATIONAL ASSEMBLY OR MEMBER OF SENATE
[Article 65]
(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________________________, do solemnly swear that I will bear true faith and
allegiance to Pakistan:
That, as a member of the National Assembly (or Senate), I will perform my functions honestly,
to the best of my ability, faithfully, in accordance with the Constitution of the Islamic Republic of
Pakistan, and the law, and the rules of the Assembly (or Senate), and always in the interest of the
sovereignty, integrity, solidarity, well-being and prosperity of Pakistan:
That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:
And that I will preserve, protect and defend the Constitution of the Islamic Republic of
Pakistan.
1
[May Allah Almighty help and guide me (A’meen).]
________
1
Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
Page 158 of 176
GOVERNOR OF PROVINCE
[Article 102]
(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________________________, do solemnly swear that I will bear true faith and
allegiance to Pakistan:
That, as the Governor of the Province of I will discharge my duties, and perform my functions,
honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic
Republic of Pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity,
well-being and prosperity of Pakistan:
That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:
That I will not allow my personal interest to influence my official conduct or my official
decisions:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
That, in all circumstances, I will do right to all manner of people, according to law, without
fear or favour, affection or ill-will :
And that I will not directly or indirectly communicate or reveal to any person any matter which
shall be brought under my consideration or shall become known to me as Governor of the Province of
……………except as may be required for the due discharge of my duties as Governor.
1
[May Allah Almighty help and guide me (A’meen).]
_________
1
Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
Page 159 of 176
CHIEF MINISTER OR PROVINCIAL MINISTER
[Articles 1[130 (5)] and 132 (2)]
(In the name of Allah, the most Beneficent, the most Merciful.)
I, _______________________, do solemnly swear that I will bear true faith and allegiance to
Pakistan:
That, as a Chief Minister (or Minister) of the Government of the Province of I will
discharge my duties and perform my functions honestly, to the best of my ability, faithfully in
accordance with the Constitution of the Islamic Republic of Pakistan and the law, and always in the
interest of the sovereignty, integrity, solidarity well-being and prosperity of Pakistan :
That I will strive to preserve the Islamic ideology which is the basis for the creation of Pakistan:
That I will not allow my personal interest to influence my official conduct or my official
decisions :
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan :
That, in all circumstances, I will do right to all manner of people, according to law, without
fear or favour, affection or ill-will :
And that I will not directly or indirectly communicate or reveal to any person any matter which
shall be brought under my consideration or shall become known to me as Chief Minister (or Minister)
except as may be required for the due discharge of my duties as Chief Minister (or Minister or as may
be specially permitted by the Chief Minister).
2
[May Allah Almighty help and guide me (A’meen).]
__________
1
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 100.
2
Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
Page 160 of 176
SPEAKER OF A PROVINCIAL ASSEMBLY
[Articles 53(2) and 127]
(In the name of Allah, the most Beneficent, the most Merciful.)
I, __________________________, do solemnly swear that I will bear true faith and allegiance
to Pakistan:
That, as Speaker of the Provincial Assembly of the Province
of……………………………………, 1[and whenever I am called upon to act as Governor, I will
discharge] my duties, and perform my functions, honestly, to the best of my ability, faithfully in
accordance with the Constitution of the Islamic Republic of Pakistan, the law and the rules of the
Assembly, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity
of Pakistan:
That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:
That I will not allow my personal interest to influence my official conduct or my official
decisions:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
And that, in all circumstances, I will do right to all manner of people, according to law, without
fear or favour, affection or ill-will.
2
[May Allah Almighty help and guide me (A’meen).]
_________
1
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 100.
2
Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
Page 161 of 176
DEPUTY SPEAKER OF A PROVINCIAL ASSEMBLY
[Articles 53 (2) and 127]
(In the name of Allah, the most Beneficent, the most Merciful.)
I, __________________________, do solemnly swear that I will bear true faith and allegiance
to Pakistan:
That, whenever I am called upon to act as Speaker of the Provincial Assembly of the Province
of……………………….…, I will discharge my duties, and perform my functions, honestly, to the
best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan,
the law and the rules of the Assembly, and always in the interest of the sovereignty, integrity, solidarity,
well-being and prosperity of Pakistan:
That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:
That I will not allow my personal interest to influence my official conduct or my official
decisions:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
And that, in all circumstances, I will do right to all manner of people, according to law, without
fear or favour, affection or ill-will.
1
[May Allah Almighty help and guide me (A’meen).]
_______
1
Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
Page 162 of 176
MEMBER OF A PROVINCIAL ASSEMBLY
[Articles 65 and 127]
(In the name of Allah, the most Beneficent, the most Merciful.)
I, __________________________, do solemnly swear that I will bear true faith and allegiance
to Pakistan:
That, as a member of the Provincial Assembly of………………………………….., I will
perform my functions honestly, to the best of my ability, faithfully in accordance with the Constitution
of the Islamic Republic of Pakistan, the law and the rules of the Assembly, and always in the interest
of the sovereignty, integrity, solidarity, well-being and prosperity of Pakistan:
That I will strive to preserve the Islamic Ideology which is the basis for the creation of Pakistan:
And that I will preserve, protect and defend the Constitution of the Islamic Republic of
Pakistan.
1
[May Allah Almighty help and guide me (A’meen).]
_________
1
Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
.
Page 163 of 176
AUDITOR-GENERAL OF PAKISTAN
[Article 168 (2)]
(In the name of Allah, the most Beneficent, the most Merciful.)
I, ___________________________, do solemnly swear that I will bear true faith and allegiance
to Pakistan:
That, as Auditor-General of Pakistan, I will discharge my duties and perform my functions
honestly, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the
law and to the best of my knowledge, ability and judgement, without fear or favour, affection or ill-
will, and that I will not allow my personal interest to influence my official conduct or my official
decisions.
1
[May Allah Almighty help and guide me (A’meen).]
__________
1
Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
Page 164 of 176
1
[CHIEF JUSTICE OF THE FEDERAL CONSTITUTIONAL COURT OF PAKISTAN OR CHIEF
JUSTICE OF THE SUPREME COURT OF PAKISTAN OR OF A HIGH COURT OR JUDGE OF
THE FEDERAL CONSTITUTIONAL COURT OR OF THE SUPREME COURT OR OF A HIGH
COURT.
[Articles 175D, 178 and 194]]
(In the name of Allah, the most Beneficent, the most Merciful.)
I, ___________________________, do solemnly swear that I will bear true faith and allegiance
to Pakistan:
That, as 1[Chief Justice of the Federal Constitutional Court of Pakistan (or a Judge of the
Federal Constitutional Court of Pakistan) or Chief Justice of the Supreme Court of Pakistan (or a Judge
of the Supreme Court of Pakistan) or Chief Justice (or a Judge) of the High Court for the Province or
Islamabad Capital Territory or Provinces of……………………………..] I will discharge my duties,
and perform my functions, honestly, to the best of my ability and faithfully in accordance with the
Constitution of the Islamic Republic of Pakistan and the law:
That I will abide by the code of conduct issued by the Supreme Judicial Council:
That I will not allow my personal interest to influence my official conduct or my official
decisions:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
And that, in all circumstances, I will do right to all manner of people, according to law, without
fear or favour, affection or ill-will.
2
[May Allah Almighty help and guide me (A’meen).]
___________
1
Subs. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 54.
2
Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
Page 165 of 176
1
[CHIEF JUSTICE OR JUDGE OF THE FEDERAL SHARIAT COURT
“[Article 203C (7)]
(In the name of Allah, the most Beneficent, the most Merciful.)
I, __________________________, do solemnly swear that I will bear true faith and allegiance
to Pakistan:
That, as Chief Justice of the Federal Shariat Court (or a Judge of the Federal Shariat Court), I
will discharge my duties, and perform my functions, honestly, to the best of my ability, and faithfully,
in accordance with the Constitution of the Islamic Republic of Pakistan and the law:
That I will not allow my personal interest to influence my official conduct or my official
decisions:
That I will abide by the code of conduct issued by the Supreme Judicial Council:
That I will preserve, protect and defend the Constitution of the Islamic Republic of Pakistan:
And that, in all circumstances, I will do right to all manner of people, according to law, without
fear or favour, affection or ill-will.
May Allah Almighty help and guide me (A’meen).]
_________
1
Subs. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 100.
Page 166 of 176
CHIEF ELECTION COMMISSIONER 1[OR A MEMBER OF THE ELECTION COMMISSION
OF PAKISTAN]
[Article 214]
(In the name of Allah, the most Beneficent, the most Merciful.)
I, ________________________, do solemnly swear that as Chief Election Commissioner 1[or,
as the case may be, member of the Election Commission of Pakistan] I will discharge my duties, and
perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution
of the Islamic Republic of Pakistan and the law, and without fear or favour, affection or ill-will, and
that I will not allow my personal interest to influence my official conduct or my official decisions.
2
[May Allah Almighty help and guide me (A’meen).]
_________
1
Added & inserted by the Constitution (Twentieth Amendment) Act, 2012 (Act No. V of 2012), s.11.
2
Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
Page 167 of 176
MEMBERS OF THE ARMED FORCES
[Article 244]
(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________________________, do solemnly swear that I will bear true faith and
allegiance to Pakistan and uphold the Constitution of the Islamic Republic of Pakistan which embodies
the will of the people, that I will not engage myself in any political activities whatsoever and that I will
honestly and faithfully serve Pakistan in the Pakistan Army (or Navy or Air Force) as required by and
under the law.
1
[May Allah Almighty help and guide me (A’meen).]
__________
1
Added by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
Page 168 of 176
FOURTH SCHEDULE
[Article 70 (4)]
LEGISLATIVE LISTS
FEDERAL LEGISLATIVE LIST
PART I
1. The defence of the Federation or any part thereof in peace or war; the military, naval and air
forces of the Federation and any other armed forces raised or maintained by the Federation ; any armed
forces which are not forces of the Federation but are attached to or operating with any of the Armed
Forces of the Federation including civil armed forces; Federal Intelligence Bureau; preventive
detention for reasons of State connected with defence, external affairs, or the security of Pakistan or
any part thereof ; persons subjected to such detention; industries declared by Federal law to be
necessary for the purpose of defence or for the prosecution of war.
2. Military, naval and air force works; local self-government in cantonment areas, 1[local taxes,
fees, cess, charges, tolls in such areas,] the constitution and powers within such areas of cantonment
authorities, the regulation of house accommodation in such areas, and the delimitation of such areas.
3. External affairs; the implementing of treaties and agreements, including educational and
cultural pacts and agreements, with other countries; extradition, including the surrender of criminals
and accused persons to Governments outside Pakistan.
4. Nationality, citizenship and naturalisation.
5. Migration from or into, or settlement in, a Province or the Federal Capital.
6. Admission into, and emigration and expulsion from, Pakistan, including in relation thereto the
regulation of the movements in Pakistan of persons not domiciled in Pakistan; pilgrimages to places
beyond Pakistan.
7. Posts and telegraphs, including telephones, wireless, broadcasting and other like forms of
communications; Post Office Saving Bank.
8. Currency, coinage and legal tender.
9. Foreign exchange; cheques, bills of exchange, promissory notes and other like instruments.
10. Public debt of the Federation, including the borrowing of money on the security of the Federal
Consolidated Fund ; foreign loans and foreign aid.
11. Federal Public Services and Federal Public Service Commission.
12. Federal pensions, that is to say, pensions payable by the Federation or out of the Federal
Consolidated Fund.
13. Federal Ombudsman.
14. Administrative Courts and Tribunals for Federal subjects.
1
Ins. by the Constitution (Twenty-sixth Amendment) Act, 2024 (Act No. XXVI of 2024), s. 27.
Page 169 of 176
15. Libraries, museums, and similar institutions controlled or financed by the Federation.
16. Federal agencies and institutes for the following purposes, that is to say, for research, for
professional or technical training, or for the promotion of special studies.
17. Education as respects Pakistani students in foreign countries and foreign students in Pakistan.
18. Nuclear energy, including__
(a) mineral resources necessary for the generation of nuclear energy;
(b) the production of nuclear fuels and the generation and use of nuclear energy;
and
(c) ionizing radiations 1[; and]
1
[(d) boilers.]
19. Port quarantine, seamen’s and marine hospitals and hospitals connected with port quarantine.
20. Maritime shipping and navigation, including shipping and navigation on tidal waters;
Admiralty jurisdiction.
1
[21. * * * * * * *]
22. Aircraft and air navigation; the provision of aerodromes; regulation and organisation of air
traffic and of aerodromes.
23. Lighthouses, including lightships, beacons and other provisions for the safety of shipping and
aircraft.
24. Carriage of passengers and goods by sea or by air.
25. Copyright, inventions, designs, trade-marks and merchandise marks.
26. Opium so far as regards sale for export.
27. Import and export across customs frontiers as defined by the Federal Government, inter-
provincial trade and commerce, trade and commerce with foreign countries; standard of quality of
goods to be exported out of Pakistan.
28. State Bank of Pakistan; banking, that is to say, the conduct of banking business by corporations
other than corporations owned or controlled by a Province and carrying on business only within that
Province.
29. The law of insurance, except as respects insurance undertaken by a Province, and the regulation
of the conduct of insurance business, except as respects business undertaken by a Province;
Government insurance, except so far as undertaken by a Province by virtue of any matter within the
legislative competence of the Provincial Assembly.
1
Subs., added and omitted by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 101.
Page 170 of 176
30. Stock exchanges and futures markets with objects and business not confined to one Province.
31. Corporations, that is to say, the incorporation, regulation and winding-up of trading
corporations, including banking, insurance and financial corporations, but not including corporations
owned or controlled by a Province and carrying on business only within that Province, or cooperative
societies, and of corporations, whether trading or not, with objects not confined to a Province, but not
including universities.
1
[32. International treaties, conventions and agreements and International arbitration.]
1
[33. * * * * * * *]
34. National highways and strategic roads.
35. Federal surveys including geological surveys and Federal meteorological organisations.
36. Fishing and fisheries beyond territorial waters.
37. Works, lands and buildings vested in, or in the possession of Government for the purposes of
the Federation (not being military, naval or air force works), but, as regards property situate in a
Province, subject always to Provincial legislation, save in so far as Federal law otherwise provides.
1
[38. * * * * * * *]
39. Establishment of standards of weights and measures.
1
[40. * * * * * * *]
41. Elections to the office of President, to the National Assembly, the Senate and the Provincial
Assemblies; Chief Election Commissioner and Election Commissions.
42. The salaries, allowances and privileges of the President, Speaker and Deputy Speaker of the
National Assembly, Chairman and Deputy Chairman of the Senate, Prime Minister, Federal Ministers,
Ministers of State, the salaries, allowances and privileges of the members of the Senate and the
National Assembly; and the punishment of persons who refuse to give evidence or produce documents
before committees thereof.
43. Duties of customs, including export duties.
44. Duties of excise, including duties on salt, but not including duties on alcoholic liquors, opium
and other narcotics.
1
[45. * * * * * * *]
1
[46. * * * * * * *]
47. Taxes on income other than agricultural income.
48. Taxes on corporations.
1
Subs. and omitted by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 101.
Page 171 of 176
1
[49. Taxes on the sales and purchases of goods imported, exported, produced, manufactured or
consumed 2[, except sales tax on services.]]
50. Taxes on the capital value of the assets, not including taxes 2[* * *] on immovable property.
51. Taxes on mineral oil, natural gas and minerals for use in generation of nuclear energy.
52. Taxes and duties on the production capacity of any plant, machinery, undertaking,
establishment or installation in lieu of the taxes and duties specified in entries 44, 47, 48 and 49 or in
lieu of any one or more of them.
53. Terminal taxes on goods or passengers carried by railway, sea or air; taxes on their fares and
freights.
54. Fees in respect of any of the matters in this Part, but not including fees taken in any court.
55. Jurisdiction and powers of all courts, except the 3[Federal Constitutional Court and the
Supreme Court], with respect to any of the matters in this List and, to such extent as is expressly
authorised by or under the Constitution, the enlargement of the jurisdiction of the 3[Federal
Constitutional Court and the Supreme Court], and the conferring thereon of supplemental powers.
56. Offences against laws with respect to any of the matters in this Part.
57. Inquiries and statistics for the purposes of any of the matters in this Part.
58. Matters which under the Constitution are within the legislative competence of 4[Majlis-e-
Shoora (Parliament)] or relate to the Federation.
59. Matters incidental or ancillary to any matter enumerate in this Part.
________
PART II
1. Railways.
2. Mineral oil and natural gas; liquids and substances declared by Federal law to be dangerously
inflammable.
3. Development of industries, where development under Federal control is declared by Federal
law to be expedient in the public interest; institutions, establishments, bodies and corporations
administered or managed by the Federal Government immediately before the Commencing day,
including the 1[Pakistan Water and Power Development Authority and the Pakistan Industrial
Development Corporation]; all undertakings, projects and schemes of such institutions,
establishments, bodies and corporations, industries, projects and undertakings owned wholly or
partially by the Federation or by a corporation set up by the Federation.
1
Subs. by the Constitution (Fifth Amendment) Act, 1976 (Act No. LXII of 1976), s. 19. (w. e. f. the 13th September,1976).
2
Added and omitted by the Constitution (Eighteenth Amendment) Act. 2010 (Act No. X of 2010), s. 101.
3
Subs. by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 55.
4
Subs. by the Revival of the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985), Art.2 and Sch.
Page 172 of 176
1
[4. Electricity.
5. Major ports, that is to say, the declaration and delimitation of such ports, and the constitution
and powers of port authorities therein.
6. All regulatory authorities established under a Federal law.
7. National planning and national economic coordination including planning and coordination of
scientific and technological research.
8. Supervision and management of public debt.
9. Census.
10. Extension of the powers and jurisdiction of members of a police force belonging to any
Province to any area in another Province, but not so as to enable the police of one Province to
exercise powers and jurisdiction in another province without the consent of the Government of
that Province; extension of the powers and jurisdiction of members of a police force belonging
to any Province to railway areas outside that Province.
11. Legal, medical and other professions.
12. Standards in institutions for higher education and research, scientific and technical institutions.
13. Inter-provincial matters and co-ordination.]
1
[14.] Council of Common Interests.
1
[15.] Fees in respect of any of the matters in this Part but not including fees taken in any court.
1
[16.] Offences against laws with respect to any of the matters in this Part.
1
[17.] Inquiries and statistics for the purposes of any of the matters in this Part.
1
[18.] Matters incidental or ancillary to any matter enumerated in this Part.
2
1-47. [* * * * * * *]
________
1
Re-numebred and ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 101.
2
Omitted by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 101.
Page 173 of 176
*
FIFTH SCHEDULE
[Article 205]
REMUNERATION AND TERMS AND CONDITIONS OF SERVICE OF JUDGES
1
[THE FEDERAL CONSTITUTIONAL COURT AND THE SUPREME COURT]
1. There shall be paid to the Chief Justice of 1[the Federal Constitutional Court and the Chief
Justice of the Supreme Court] a salary of Rs. 2[9,900] per mensem, and to every other Judge of the
Supreme Court a salary of Rs. 2[9,500] per mensem 2[, or such higher salary as the President may,
from time to time, determine.]
2. Every Judge of the 1[Federal Constitutional Court and the Supreme Court] shall be entitled to
such privileges and allowances, and to such rights in respect of leave of absence and pension, as may
be determined by the President, and until so determined, to the privileges, allowances and rights to
which, immediately before the commencing day, the Judges of the 1[Federal Constitutional Court and
the Supreme Court] 1[**] were entitled.
2
[3. The pension payable to a retired Judge of the 1[Federal Constitutional Court and the Supreme
Court] per mensem shall not be less or more than the amount specified in the table below, depending
on the length of his service as Judge in that Court or a High Court:
Provided that the President may, from time to time, raise the minimum or maximum amount
of pension so specified: __
Judge MinimumAmount Maximum Amount
Chief Justice Rs. 7,000 Rs. 8,000
Other Judge Rs. 6,250 Rs. 7,125.]
3
[4. The widow of a Judge of the 1[Federal Constitutional Court and the Supreme Court] shall be
entitled to a pension at the following rates, namely :__
(a) if the Judge dies after retirement–50 per cent of the net pension payable to him;
or
(b) if the Judge dies after having rendered not less than three years’ service as Judge
and while still serving as such–50 per cent of the pension admissible to him at
the minimum rate.
5. The pension shall be payable to the widow for life or, if she remarries, until her marriage.
*
w. e. f. 1-12-2001, the salary of the Chief Justice of Pakistan and other Judges of the Supreme Court has been determined by the President to be Rs.
55,000 and Rs. 52,000 respectively vide P.O. No. 2 of 2002, paragraph 2 (1), which was previously amended by P.O. No. 9 of 1991, P.O. No. 3 of 1995
and P.O. No. 4 of 1995.
(w. e. f. 27-7-1991, vide P. O. No. 2 of 1997) the Chief Justice and a Judge of the Supreme Court on his retirement or resignation shall be entitled to the
minimum amount of pension equal to 70% to the Chief Justice of his salary or as the case may be, a Judge plus 5% of salary for each completed year of
service either as the Chief Justice or as the Judge not exceeding the maximum amount of pension equal to 85% of the said salary.
1
Subs. and omitted by the Constitution (Twenty-seventh Amendment) Act, 2025 (Act No. XXXII of 2025), s. 56.
2
Subs. and added by the Constitution (Twelfth Amendment) Act., 1991 (Act No. XIV of 1991), s. 3.
3
Added by the Constitution (Amendment) Order, 1985 (P.O. No. 6 of 1985), Art.2, (w. e. f. the 1st July, 1981).
Page 174 of 176
6. If the widow dies, the pension shall be payable__
(a) to the sons of the Judge who are less than twenty-one years of age, until they
attain that age; and
(b) to the unmarried daughters of the Judge who are less than twenty-one years of
age, until they attain that age or are married, whichever first occurs.]
THE HIGH COURT
*
1. There shall be paid to the Chief Justice of a High Court a salary of Rs. 1[9,400] per mensem,
and to every other Judge of a High Court a salary of Rs. 1[8,400] per mensem 1[, or such higher salary
as the President may, from time to time, determine.]
2. Every Judge of a High Court shall be entitled to such privileges and allowances, and to such
rights in respect of leave of absence and pension, as may be determined by the President, and until so
determined, to the privileges, allowances and rights to which, immediately before the commencing
day, the Judges of the High Court were entitled.
1
[3. The pension payable per mensem to a Judge of a High Court who retires after having put in not
less than five years service as such Judge shall not be less or more than the amount specified in the
table below, depending on the length of his service as Judge and total service, if any, in the service of
Pakistan:
Provided that the President may, from time to time, raise the minimum or maximum amount of
pension so specified:__
Judge Minimum amount Maximum amount
Chief Justice Rs. 5,640 Rs. 7,050
Other Judge Rs. 5,040 Rs. 6,300.]
2
[4. The widow of a Judge of the High Court shall be entitled to a pension at the following rates,
namely :__
(a) if the Judge dies after retirement__50 per cent of the net pension payable to him;
or
(b) if the Judge dies after having rendered not less than five years’ service as Judge
and while still serving as such–50 per cent of the pension admissible to him at
the minimum rate.
5. The pension shall be payable to the widow for life or, if she remarries, until her marriage.
*
w. e. f. 1-12-2001, the salary of the Chief Justice of High Court and other Judges of a High Court has been determined by the President to be Rs. 51,000
and Rs. 49.000 respectively vide P. O. No. 2 of 2002, paragraph 2 (2), which was previously amended by P.O. No. 9 of 1991, P. O. No. 3 of 1995 and P.
O. No. 4 of 1995.
w. e. f. 27-7-1991, vide P. O. No. 3 of 1997) the Chief Justice and a Judge of the High Court on his retirement or resignation or removal shall be entitled
to the minimum pension equal to 70% of the salary on the completion of 5 years service for pension as Judge and an extra pension @ 2% of such salary
for each subsequent completed year of service as Chief Justice or the Judge including his service if any the maximum pension not exceeding 80% of the
salary.
1
Subs. and added by the Constitution (Twelfth Amendment) Act, 1991 (Act No. XIV of 1991). s. 3.
2
Added by the Constitution (Amendment) Order, 1985 (P.O. No. 6 of 1985), Art.2, (w. e. f. the 1st July, 1981).
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6. If the widow dies, the pension shall be payable__
(a) to the sons of the Judge who are less than twenty-one years of age, until they
attain that age; and
(b) to the unmarried daughters of the Judge who are less than twenty-one years of
age, until they attain that age or are married, whichever first occurs.]
1
Sixth Schedule [* * * * * * *]
1
Seventh Schedule [* * * * * * *]
_________
RGN Date: 14-11-2025
1
Omitted by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 102.
Page 176 of 176
Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
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