Pakistan 1973 (reinst. 2002, rev. 2012)

8. Laws inconsistent with or in derogation of Fundamental Rights to be void

1. Constitutionality of legislation
   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. Constitutionality of legislation
   The State shall not make any law which takes away or abridges the rights so conferred and any law made in contravention of this clause shall, to the extent of such contravention, be void.
3. The Provisions of this Article shall not apply to-
   1. 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
   2. any of the -
      1. 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;
      2. 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 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 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

10. Safeguards as to arrest and detention

1. Protection from unjustified restraint, Right to counsel
   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. Protection from unjustified restraint
   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.
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 three months unless the appropriate Review Board has, after affording him an opportunity of being heard in person, reviewed his case and reported, before the expiration of the said period, that there is, in its opinion, sufficient cause for such detention, and, if the detention is continued after the said period of three months, unless the appropriate Review Board has reviewed his case and reported, before the expiration of each period of three months, that there is, in its opinion, sufficient cause for such detention.

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

   1. in the case of a person detained under a Federal law, a Board appointed by the Chief Justice of Pakistan and consisting of a Chairman and two other persons, each of whom is or has been a Judge of the Supreme Court or a High Court; and
   2. 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, 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, or who is acting or attempting to act in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof or who commits or attempts to commit any act which amounts to an anti-national activity as defined in a Federal law or is a member of any association which has for its objects, or which indulges in, any such anti national activity.

8. The appropriate Review Board shall determine the place of detention of the person detained and fix a reasonable subsistence allowance for his family.
9. Nothing in this Article shall apply to any person who for the time being is an enemy alien.

10A. Right to fair trial

11. Slavery, forced labour, etc., prohibited

1. Prohibition of slavery
   Slavery is non-existent and forbidden and no law shall permit or facilitate its introduction into Pakistan in any form.
2. Prohibition of slavery
   All forms of forced labour and traffic in human beings are prohibited.
3. Rights of children
   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
   1. by any person undergoing punishment for an offence against any law; or
   2. required by any law for public purpose:
   Human dignity, Prohibition of cruel treatment

   Provided that no compulsory service shall be of a cruel nature or incompatible with human dignity.

12. Protection against retrospective punishment

1. Protection from ex post facto laws
   No law shall authorize the punishment of a person-
   1. for an act or omission that was not punishable by law at the time of the act or omission; or
   2. 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

14. Inviolability of dignity of man, etc

1. Inalienable rights, Right to privacy, Human dignity
   The dignity of man and, subject to law, the privacy of home, shall be inviolable.
2. Prohibition of torture, Regulation of evidence collection
   No person shall be subjected to torture for the purpose of extracting evidence.

15. Freedom of movement, etc

16. Freedom of assembly

17. Freedom of association

1. Right to join trade unions, Freedom of association
   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. Prohibited political parties, Regulation of political parties, Right to form political parties
   Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final.
3. Every political party shall account for the source of its funds in accordance with law.

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

1. Freedom of religion
   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. Tax status of religious organizations
   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,
   1. 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
   2. Equality regardless of religion, Equality regardless of origin, Equality regardless of social status, Equality regardless of race
      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

24. Protection of property rights

1. No person shall be deprived of his property save in accordance with law.
2. Protection from expropriation
   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-
   1. any law permitting the compulsory acquisition or taking possession of any property for preventing danger to life, property or public health; or
   2. 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
   3. 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
   4. 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
   5. any law providing for the acquisition of any class of property for the purpose of-
      1. providing education and medical aid to all or any specified class of citizens; or
      2. 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
      3. providing maintenance to those who, on account of unemployment, sickness, infirmity or old age, are unable to maintain themselves; or
   6. 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. General guarantee of equality
   All citizens are equal before law and are entitled to equal protection of law.
2. Equality regardless of gender
   There shall be no discrimination on the basis of sex
3. Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.

25A. Right to education

26. Non-discrimination in respect of access to public places

1. Equality regardless of social status, Equality regardless of origin, Equality regardless of religion, Equality regardless of race, Equality regardless of gender
   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. Equality regardless of origin, Equality regardless of gender, Equality regardless of social status, Equality regardless of religion, Equality regardless of race
   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 forty years from the commencing day, posts may be reserved for persons belonging to any class or area to secure their adequate representation in the service of Pakistan:

   Provided further that, in the interest of the said service, specified posts or services may be reserved for members of either sex if such posts or services entail the performance of duties and functions which cannot be adequately performed by members of the other sex:

   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

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 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 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.

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,-
   1. 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;
   2. to promote unity and the observance of the Islamic moral standards; and
   3. to secure the proper organisation of zakat ushr, auqaf and mosques.

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

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

41. The President

1. Name/structure of executive(s)
   There shall be a President of Pakistan who shall be the Head of State and shall represent the unity of the Republic.
2. Eligibility for head of state, Minimum age of head of state
   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.
3. Head of state selection
   The President shall be elected in accordance with the provisions of the Second Schedule by the members of an electoral college consisting of-
   1. the members of both Houses; and
   2. the members of the Provincial Assemblies.
4. Scheduling of elections
   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. Scheduling of elections
   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.

42. Oath of President

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. Outside professions of legislators
   The President shall not be a candidate for election as a member of Majlis-e-Shoora (Parliament) or a Provincial Assembly; and, if a member of Majlis-e-Shoora (Parliament) or a Provincial Assembly is elected as President, his seat in Majlis-e-Shoora (Parliament) or, as the case may be, the Provincial Assembly shall become vacant on the day he enters upon his office.

44. Term of office of President

1. Head of state term length
   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. Head of state term limits
   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

46. President to be kept informed

47. Removal or impeachment of President

1. 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. Joint meetings of legislative chambers
   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. Legislative oversight of the executive
   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. Joint meetings of legislative chambers
   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 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.

48. President to act on advice, etc

1. In the exercise of his functions, the President shall act on and in accordance with the advice of the Cabinet or the Prime Minister:

   Provided that 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, 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 and the validity of anything done by the President in his discretion shall not be called in question on any ground whatsoever.
3. The question whether any, and if so what, advice was tendered to the President by the Cabinet, the Prime Minister, a Minister or Minister of State shall not be inquired into in, or by, any court, tribunal or other authority.
4. Dismissal of the legislature, Cabinet removal
   Where the President dissolves the National Assembly, notwithstanding anything contained in clause (1), he shall,-
   1. Scheduling of elections
      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
   2. appoint a care-taker Cabinet in accordance with the provisions of Article 224 or, as the case may be, Article 224A
5. Joint meetings of legislative chambers, Referenda
   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".
6. Referenda
   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. Head of state replacement
   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.

Section 1. Composition, Duration and Meetings of Majlis-e-Shoora (Parliament

Section 2. Provisions as to Members of Majlis-e-Shoora (Parliament

Section 3. Procedure Generally

Section 4. Legislative Procedure

Section 5. Financial Procedure

Section 6. Ordinances

90. Exercise of executive authority of the Federation

1. Name/structure of executive(s)
   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 Minister.

91. The Cabinet

1. Powers of cabinet, Establishment of cabinet/ministers
   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. Head of government selection, Eligibility for head of government
   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. Head of government selection
   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. Oaths to abide by constitution
   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:
   Head of government term limits

   Provided that there shall be no restriction on the number of terms for the office of the Prime Minister.

6. Legislative oversight of the executive
   The Cabinet, together with the Ministers of State, shall be collectively responsible to the Senate and the National Assembly.
7. Head of government removal
   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.
8. The Prime Minister may, by writing under his hand addressed to the President, resign his office.
9. Cabinet removal, Eligibility for cabinet
   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. Eligibility for cabinet, Cabinet selection
   Subject to clauses (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:

   Provided further that the total strength of the Cabinet, including Ministers of State, shall not exceed 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. Oaths to abide by constitution
   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. Cabinet removal
   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 than five 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

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.
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. Vote of no confidence against Prime Minister

97. Extent of executive authority of Federation

98. Conferring of functions on subordinate authorities

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 Federal Government shall by rules specify the manner in which orders and other instruments made and executed in his 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. 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 Supreme Court, to be the Attorney-General for Pakistan.
2. The Attorney-General shall hold office during the pleasure of the President and shall not engage in private practice so long as he holds the office of the Attorney-General.
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.

101. Appointment of Governor

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 and is a registered voter and resident of the Province concerned.
3. The Governor shall hold office during the pleasure of the President 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.
5. The President may make such provision as he thinks fit for the discharge of the functions of a Governor in any contingency not provided for in this Part.

102. Oath of Office

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 Majlis-e-Shoora (Parliament) or a Provincial Assembly and, if a member of Majlis-e-Shoora (Parliament) or a Provincial Assembly is appointed as Governor, his seat in Majlis-e-Shoora (Parliament) or, as the case may be, the Provincial Assembly shall become vacant on the day he enters upon his office.

104. Speaker Provincial Assembly to act as, or perform functions of Governor in his absence

105. Governor to act on advice, etc

1. Subject to Constitution, in the performance of his functions, the Governor shall act on and in accordance with the advice of the Cabinet or the Chief Minister:

   Provided that 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, within ten days, act in accordance with the advice tendered after such reconsideration.

2. The question whether any, and if so what, advice was tendered to the Governor by the Chief Minister or the Cabinet shall not be inquired into in, or by, any court, tribunal or other authority.
3. Where the Governor dissolves the Provincial Assembly, notwithstanding anything contained in clause (1), he shall,-
   1. appoint a date, not later than ninety days from the date of dissolution, for the holding of a general election to the Assembly; and
   2. appoint a care-taker Cabinet.
4. [omitted]
5. The provisions of clause (2) of Article 48 shall have effect in relation to a Governor as if reference therein to "President" were reference to "Governor".

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. Baluchistan: General Seats 51, Women 11, Non-Muslims 3, Total 65
   2. Khyber Pakhtunkhwa: General Seats 99, Women 22, Non-Muslims 3, Total 124
   3. The Punjab: General Seats 297, Women 66, Non-Muslims 8, Total 371
   4. Sindh: General Seats 130, Women 29, Non-Muslims 9, Total 168
2. A person shall be entitled to vote if-
   1. he is a citizen of Pakistan;
   2. he is not less than eighteen years of age;
   3. his name appears on the electoral roll for any area in the Province; and
   4. he is not declared by a competent court to be of unsound mind.
3. For the purpose of election to a Provincial Assembly,-
   1. 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;
   2. each Province shall be a single constituency for all seats reserved for women and non-Muslims allocated to the respective Provinces under clause (1);
   3. 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

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

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.

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

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.
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:
   1. the imposition, abolition, remission, alteration or regulation of any tax;
   2. 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;
   3. the custody of the Provincial Consolidated Fund, the payment of moneys into, or issue of moneys from, that fund;
   4. the imposition of a charge upon the Provincial Consolidated Fund, or the abolition or alteration of any such charge;
   5. the receipt of moneys on account of the Public Account of the Province, the custody or issue of such moneys ; and
   6. 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-
   1. 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
   2. 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 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 ten days,-
   1. assent to the Bill; or
   2. 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. 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 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 give his assent within ten days, failing which such assent shall be deemed to have been given.
4. When the Governor has assented or his 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.

Section 1. Financial Procedure

Section 2. Ordinances

129. Exercise of executive authority of the Province

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.

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 fifteen members or eleven percent of the total membership of a Provincial Assembly, whichever is higher:

   Provided that the aforesaid limit shall be effective from the next general elections after the commencement of the Constitution (Eighteenth Amendment) Act, 2010.

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 five Advisors.

131. Governor to be kept informed

132. Provincial Ministers

1. Subject to clauses (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

134. Resignation by Chief Minister

135. Provincial Minister performing functions of Chief Minister

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.
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 (1) 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

138. Conferring of functions on subordinate authorities

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 Provincial Government shall by rules specify the manner in which orders and other instruments made and executed 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.
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 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.

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.

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

1. If one or more Provincial Assemblies pass resolutions to the effect that Majlis-e-Shoora (Parliament) may by law regulate any matter not enumerated in the Federal Legislation List in the Fourth Schedule, it shall be lawful for 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.
2. [Omitted by the Constitution (Eighth Amendment) Act, 1985 (18 of 1985), s.17.]

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 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 Pakistan, 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

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.
2. [omitted]
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

151. Inter-Provincial trade

1. Right to competitive marketplace
   Subject to clause (2), trade, commerce and intercourse throughout Pakistan shall be free.
2. Majlis-e-Shoora (Parliament) may by law impose such restrictions on the freedom of trade, commerce or inter-course 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-
   1. 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
   2. 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.
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

152A. National Security Council

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.
2. The Council shall consist of-
   1. the Prime Minister who shall be the Chairman of the Council;
   2. the Chief Ministers of the Provinces; and
   3. three members from the Federal Government to be nominated by the Prime Minister from time to time.
3. [omitted]
4. The Council shall be responsible to Majlis-e-Shoora (Parliament) and shall submit an Annual Report to both Houses of Majlis-e-Shoora (Parliament).

154. Functions and rules of procedure

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.
2. The Council shall be constituted within thirty days of the Prime Minister taking oath of office.
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.

4. The decisions of the Council shall be expressed in terms of the opinion of the majority.
5. Until Majlis-e-Shoora (Parliament) makes provision by law in this behalf, the Council may make its rules of procedure.
6. Joint meetings of legislative chambers
   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 Majlis-e-Shoora (Parliament) may deem just and proper and such directions shall be binding on the Council.
7. Joint meetings of legislative chambers
   If the Federal Government or a Provincial Government is dissatisfied with a decision of the Council, it may refer the matter to 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 or the Federally Administered Tribal Areas, or any of the inhabitants thereof, in water from any natural source of supply or reservoir have been or are likely to be affected prejudicially by-
   1. any executive act or legislation taken or passed or proposed to be taken or passed, or
   2. 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 Majlis-e-Shoora (Parliament) makes provision by law in this behalf, the provisions of the Pakistan Commissions of Inquiry Act, 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 1 OA 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.
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.

156. National Economic Council

1. The President shall constitute a National Economic Council which shall consist of: -
   1. the Prime Minister, who shall be the Chairman of the Council;
   2. the Chief Ministers and one member from each Province to be nominated by the Chief Minister; and
   3. four other members as the Prime Minister may nominate from time to time.
2. Economic plans
   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 set-out 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:

   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.

2. The Government of a Province may -
   1. 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;
   2. levy tax on consumption of electricity within the Province;
   3. construct power houses and grid stations and lay transmission lines for use within the Province; and
   4. determine the tariff for distribution of electricity within the Province.
3. National vs subnational laws
   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

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-
   1. to construct and use transmitters in the Province; and
   2. 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. National vs subnational laws
   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 telecasting 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 Pakistan.
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 tranquility of Pakistan or any part thereof.

Section 1. Distribution of Revenues between the Federation and the Provinces

Section 2. Miscellaneous Financial Provisions

166. Borrowing by Federal Government

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.
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.

Section 1. Audit and Accounts

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. Ownership of natural resources
   All lands, minerals and other things of value within the continental shelf or underlying the ocean beyond the territorial waters of Pakistan shall vest in the Federal Government.
3. Ownership of natural resources
   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

175. Establishment and jurisdiction of courts

1. There shall be a Supreme Court of Pakistan, a High Court for each Province and a High Court for the Islamabad Capital Territory and such other courts as may be established by law.

   Explanation.- The word "High Court" wherever occurring in the Constitution shall include the High Court for the Islamabad Capital Territory.

2. No court shall have any jurisdiction save as is or may be conferred on it by the Constitution or by or under any law.
3. The Judiciary shall be separated progressively from the Executive within fourteen years from the commencing day.

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

1. Establishment of judicial council, Ordinary court selection, Supreme court selection
   There shall be a Judicial Commission of Pakistan, hereinafter in this Article referred to as the Commission, for appointment of Judges of the Supreme Court, High Courts and the Federal Shariat Court, as hereinafter provided.
2. Establishment of judicial council
   For appointment of Judges of the Supreme Court, the Commission shall consist of-
   1. Chief Justice of Pakistan - Chairman;
   2. four most senior Judges of the Supreme Court - Members;
   3. a former Chief Justice or a former Judge of the Supreme Court of Pakistan to be nominated by the Chief Justice of Pakistan, in consultation with the four member Judges, for a term of two years - Member;
   4. Federal Minister for Law and Justice - Member;
   5. Attorney-General for Pakistan - Member; and
   6. a Senior Advocate of the Supreme Court of Pakistan nominated by the Pakistan Bar Council for a term of two years - Member.
3. Supreme court selection
   Notwithstanding anything contained in clause (1) or clause (2), the President shall appoint the most senior Judge of the Supreme Court as the Chief Justice of Pakistan.
4. Establishment of judicial council
   The Commission may make rules regulating its procedure.
5. Establishment of judicial council
   For appointment of Judges of a High Court, the Commission in clause (2) shall also include the following, namely:-
   1. Chief Justice of the High Court to which the appointment is being made - Member;
   2. the most senior Judge of that High Court - Member:
   3. Provincial Minister for Law - Member; and
   4. an advocate having not less than fifteen years practice in the High Court to be nominated by the concerned Bar Council for a term of two years - Member:

   Provided that for appointment of the Chief Justice of a High Court, the most senior Judge mentioned in paragraph (ii) shall not be member of the Commission:

   Provided further that if for any reason the Chief Justice of High Court is not available, he shall be substituted by a former Chief Justice or former Judge of that Court, to be nominated by the Chief Justice of Pakistan in consultation with the four member Judges of the Commission mentioned in paragraph (ii) of clause (2).

6. Establishment of judicial council
   For appointment of Judges of the Islamabad High Court, the Commission in clause (2) shall also include the following, namely:-
   1. Chief Justice of the Islamabad High Court - Member; and
   2. the most senior Judge of that High Court - Member:

   Provided that for initial appointment of the Chief Justice and the Judges of the Islamabad High Court, the Chief Justices of the four Provincial High Courts shall also be members of the Commission:

   Provided further that subject to the foregoing proviso, in case of appointment of Chief Justice of Islamabad High Court, the provisos to clause (5) shall, mutatis mutandis, apply.

7. Establishment of judicial council
   For appointment of Judges of the Federal Shariat Court, the Commission in clause (2) shall also include the Chief Justice of the Federal Shariat Court and the most senior Judge of that Court as its members:

   Provided that for appointment of Chief Justice of Federal Shariat Court, the provisos, to clause (5) shall, mutatis mutandis, apply.

8. Establishment of judicial council, Supreme court selection, Standing committees, Ordinary court selection
   The Commission by majority of its total membership shall nominate to the Parliamentary Committee one person, for each vacancy of a Judge in the Supreme Court, a High Court or the Federal Shariat Court, as the case may be.
9. Standing committees
   The Parliamentary Committee, hereinafter in this Article referred to as the Committee, shall consist of the following eight members, namely:-
   1. four members from the Senate; and
   2. four members from the National Assembly:

   Provided that when the National Assembly is dissolved, the total membership of the Parliamentary Committee shall consist of the members from the Senate only mentioned in paragraph (i) and the provisions of this Article shall, mutatis mutandis, apply.

10. Standing committees
    Out of the eight members of the Committee, four shall be from the Treasury Benches, two from each House and four from the Opposition Benches, two from each House. The nomination of members from the Treasury Benches shall be made by the Leader of the House and from the Opposition Benches by the Leader of the Opposition.
11. Standing committees
    Secretary, Senate shall act as the Secretary of the Committee.
12. Supreme court selection, Ordinary court selection, Standing committees
    The Committee on receipt of a nomination from the Commission may confirm the nominee by majority of its total membership within fourteen days, failing which the nomination shall be deemed to have been confirmed:

    Provided that the Committee, for reasons to be recorded, may not confirm the nomination by three-fourth majority of its total membership within the said period:

    Provided further that if a nomination is not confirmed by the Committee it shall forward its decision with reasons so recorded to the Commission through the Prime Minister:

    Provided further that if a nomination is not confirmed, the Commission shall send another nomination.

13. Supreme court selection, Ordinary court selection, Standing committees
    The Committee shall send the name of the nominee confirmed by it or deemed to have been confirmed to the Prime Minister who shall forward the same to the President for appointment.
14. Establishment of judicial council, Standing committees
    No action or decision taken by the Commission or a Committee shall be invalid or called in question only on the ground of the existence of a vacancy therein or of the absence of any member from any meeting thereof.
15. Standing committees
    The meetings of the Committee shall be held in camera and the record of its proceedings shall be maintained.
16. Standing committees
    The provisions of Article 68 shall not apply to the proceedings of the Committee.
17. Standing committees
    The Committee may make rules for regulating its procedure.

176. Constitution of Supreme Court

177. Appointment of Supreme Court Judges

1. Supreme court selection
   The Chief Justice of Pakistan and each of the other Judges of the Supreme Court shall be appointed by the President in accordance with Article 175A.
2. Eligibility for supreme court judges
   A person shall not be appointed a Judge of the Supreme Court unless he is a citizen of Pakistan and-
   1. has for a period of, or for periods aggregating, not less than five years been a judge of a High Court (including a High Court which existed in Pakistan at any time before the commencing day); or
   2. has for a period of, or for periods aggregating, not less than fifteen years been an advocate of a High Court (including a High Court which existed in Pakistan at any time before the commencing day).

178. Oath of Office

179. Retiring age

180. Acting Chief Justice

181. Acting Judges

1. At any time when-
   1. the office of a Judge of the Supreme Court is vacant ; or
   2. 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 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

183. Seat of the Supreme Court

1. The permanent seat of the Supreme Court shall, subject to clause (3), be at Islamabad.
2. The Supreme Court may from time to time sit in such other places as the Chief Justice of Pakistan, with the approval of the President, may appoint.
3. Until provision is made for establishing the Supreme Court at Islamabad, the seat of the Court shall be at such place as the President may appoint.

184. Original Jurisdiction of Supreme Court

1. The Supreme Court shall, to the exclusion of every other court, have original jurisdiction in any dispute between any two or more Governments.

   Explanation.-In this clause, "Governments" means the Federal Government and the Provincial Governments.

2. In the exercise of the jurisdiction conferred on it by clause (1), the Supreme Court shall pronounce declaratory judgements only.
3. Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II is involved, have the power to make an order of the nature mentioned in the said Article.

185. Appellate jurisdiction of Supreme Court

1. Subject to this Article, the Supreme Court shall have jurisdiction to hear and determine appeals from judgements, decrees, final orders or sentences of a High Court.
2. An appeal shall lie to the Supreme Court from any judgement, decree, final order or sentence of a High Court-
   1. 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
   2. 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
   3. if the High Court has imposed any punishment on any person for contempt of the High Court; or
   4. if the amount or value of the subject-matter of the dispute in the court of first instance was, and also in dispute in appeal is, not less than fifty thousand rupees or such other sum as may be specified in that behalf by Act of Majlis-e-Shoora (Parliament) and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the court immediately below; or
   5. if the judgment, decree or final order involves directly or indirectly some claim or question respecting property of the like amount or value and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the court immediately below; or
   6. Constitutional interpretation
      if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution.
3. An appeal to the Supreme Court from a judgment decree, order or sentence of a High Court in a case to which clause (2) does not apply shall lie only if the Supreme Court grants leave to appeal.

186. Advisory Jurisdiction

1. If, at any time, the President considers that it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration.
2. The Supreme Court shall consider a question so referred and report its opinion on the question to the President.

186A. Power of Supreme Court to transfer cases

187. Issue and execution of processes of Supreme Court

1. Subject to clause (2) of Article 175, the Supreme Court shall have power to issue such directions, orders or decrees as may be necessary for doing complete justice in any case or matter pending before it, including an order for the purpose of securing the attendance of any person or the discovery or production of any document.
2. Any such direction, order or decree shall be enforceable throughout Pakistan and shall, where it is to be executed in a Province, or a territory or an area not forming part of a Province but within the jurisdiction of the High Court of the Province, be executed as if it had been issued by the High Court of that Province.
3. If a question arises as to which High Court shall give effect to a direction, order or decree of the Supreme Court, the decision of the Supreme Court on the question shall be final.

188. Review of judgments of orders by the Supreme Court

189. Decisions of Supreme Court binding on other Courts

190. Action in aid of Supreme Court

191. Rules of procedure

192. Constitution of High Court

1. A High Court shall consist of a Chief Justice and so many other Judges as may be determined by law or, until so determined, as may be fixed by the President.
2. 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 Order, 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 two High Courts and, generally, for matters consequential or ancillary to the common High Court ceasing to function and the establishment of the two High Courts as he may deem fit.
4. The jurisdiction of a High Court may, by Act of Majlis-e-Shoora (Parliament), be extended to any area in Pakistan not forming part of a Province.

193. Appointment of High Court Judges

1. Ordinary court selection
   The Chief Justice and each of other Judges of a High Court shall be appointed by the President in accordance with Article 175A.
2. Eligibility for ordinary court judges, Minimum age of ordinary court judges
   A person shall not be appointed a Judge of a High Court unless he is a citizen of Pakistan, is not less than forty-five years of age, and-
   1. he has for a period of, or for periods aggregating, not less than ten years been an advocate of a High Court (including a High Court which existed in Pakistan at any time before the commencing day); or
   2. he is, and has for a period of not less than ten years been, a member of a civil service prescribed by law for the purposes of this paragraph, and has, for a period of not less than three years, served as or exercised the functions of a District Judge in Pakistan; or
   3. 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 held judicial office, there shall be included any period during which he has held judicial office after he became an advocate or, as the case may be, the period during which he has been an advocate after having held judicial office.

3. In this Article, "District Judge" means Judge of a principal civil court of original jurisdiction.

194. Oath of Office

195. Retiring age

196. Acting Chief Justice

197. Additional Judges

198. Seat of the High Court

1. Each High Court in existence immediately before the commencing day shall continue to have its principal seat at the place where it had such seat before that day.
2. The High Court for Islamabad Capital Territory shall have its principal seat at Islamabad.
3. 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.
4. 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, Mingora and Dera Ismail Khan and the High Court of Baluchistan shall have a Bench at Sibi and Turbat.
5. 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.
6. 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.
7. The Governor in consultation with the Chief Justice of the High Court shall make rules to provide the following matters, that is to say,-
   1. assigning the area in relation to which each Bench shall exercise jurisdiction vested in the High Court; and
   2. for all incidental, supplemental or consequential matters.

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,-
   1. on the application of any aggrieved party, make an order-
      1. 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
      2. 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
   2. on the application of any person, make an order-
      1. 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
      2. 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
   3. on the application of any aggrieved person, make an order giving such directions to any person or authority, including any Government exercising any power or performing any function in, or in relation to, any territory within the jurisdiction of that Court as may be appropriate for the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II.
2. Subject to the Constitution, the right to move a High Court for the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II shall not be abridged.
3. An order shall not be made under clause (1) on application made by or in relation to a person who is a member of the Armed Forces of Pakistan, or who is for the time being subject to any law relating to any of those Forces, in respect of his terms and conditions of service, in respect of any matter arising out of his service, or in respect of any action taken in relation to him as a member of the Armed Forces of Pakistan or as a person subject to such law.
4. Where-
   1. an application is made to a High Court for an order under paragraph (a) or paragraph (c) of clause (1), and
   2. 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 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-

   1. would not have such affect as aforesaid; or
   2. would have the effect of suspending an order or proceeding which on the face of the record is without jurisdiction.
5. An interim order made by a High Court on an application made to it to question the validity or legal effect of any order made, proceeding taken or act done by any authority or person, which has been made, taken or done or purports to have been made taken or done under any law which is specified in Part I of the First Schedule or relates to, or is connected with, State property or assessment or collection of public revenues shall cease to have effect on the expiration of a period of six months following the day on which it is made:

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

6. In this Article, unless the context otherwise requires,
   • "person" includes any body politic or corporate, any authority of or under the control of the Federal Government or of a Provincial Government, and any Court or tribunal, other than the Supreme Court, a High Court or a Court or tribunal established under a law relating to the Armed Forces of Pakistan; and

     "prescribed law officer" means-

     1. 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
     2. in any other case, the Advocate-General for the Province in which the application is made.

200. Transfer of High Court Judges

1. The President may transfer a Judge of a High Court from one High Court to another High Court, but no Judge shall be so transferred except with his consent and after consultation by the President with the Chief Justice of Pakistan and the Chief Justices of both High Courts:

   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. Where a Judge is so transferred or is appointed to an office other than that of Judge at a place other than the principal seat of the High Court, he shall, during the period for which he serves as a Judge of the High Court to which he is transferred, or holds such other office, be entitled to such allowances and privileges, in addition to his salary, as the President may, by Order, determine.
3. If at any time it is necessary for any reason to increase temporarily the number of Judges of a High Court, the Chief Justice of that Court may require a Judge of any other High Court to attend sittings of the former High Court for such period as may be necessary and, while so attending the sittings of the High Court, the Judge shall have the same power and jurisdiction as a Judge of that High Court:

   Provided that a Judge shall not be so required except with his consent and the approval of the President and after consultation with the Chief Justice of Pakistan and the Chief Justice of the High Court of which he is a Judge.

   Explanation.- In this Article, "High Court" includes a Bench of a High Court.

201. Decision of High Court binding on subordinate Courts

202. Rules of procedure

203. High Court to superintend subordinate Courts

203A. Provisions of Chapter to override other provisions of Constitution

203B. Definitions

203C. The Federal Shariat Court

1. Establishment of religious courts, Structure of the courts
   There shall be constituted for the purposes of this Chapter a Court to be called the Federal Shariat Court.
2. The Court shall consist of not more than eight Muslim Judges, including the Chief Justice, to be appointed by the President in accordance with Article 175A.
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.
4. 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 having at least fifteen years experience in Islamic law, research or instruction.
5. The Chief Justice and a 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 Judge except with his consent and, except where the Judge is himself the Chief Justice, after consultation by the President with the Chief Justice of the High Court.

6. The Chief Justice, if he is not a Judge of the Supreme Court, and a Judge who is not a Judge of a High Court, may, by writing under his hand addressed to the President, resign his office.
7. The Chief Justice and a Judge shall not be removed from office except in the like manner and on the like grounds as a Judge of the Supreme Court.
8. [omitted]
9. 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 Chief Justice may, with the approval of the President, appoint.
10. Oaths to abide by constitution
    Before entering upon office, the Chief Justice and a Judge shall make before the President or a person nominated by him oath in the form set out in the Third Schedule. by him
11. At any time when the Chief Justice or a 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 Chief Justice or, as the case may be, Judge.
12. 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

203D. Powers, jurisdiction and functions of the Court

1. Right of petition
   The Court may, 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. 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 or to the Provincial Government in the case of a law with respect to a matter not enumerated 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.
3. 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
   1. the reasons for its holding that opinion; and
   2. the extent to which such law or provision is so repugnant;

   and specify the day on which the decision shall take effect:

   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.

4. If any law or provision of law is held by the Court to be repugnant to the Injunctions of Islam,-
   1. the President in the case of a law with respect to a matter in the Federal Legislative List or the Governor in the case of a law with respect to a matter not enumerated in 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
   2. 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.

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. Establishment of administrative courts, Structure of the courts
   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 :
   1. summoning and enforcing the attendance of any person and examining him on oath;
   2. requiring the discovery and production of any document;
   3. receiving evidence on affidavits ; and
   4. issuing commissions for the examination of witnesses or documents.
2. The Court shall have power to conduct its proceedings and regulate its procedure in all respects as it deems fit.
3. The Court shall have the power of a High Court to punish its own contempt.
4. A party to any proceedings before the Court under clause (1) of Article 203D may be represented by a legal practitioner who is a Muslim and has been enrolled as an advocate of a High Court for a period of not less than five years or as an advocate of the Supreme Court or by a jurisconsult selected by the party from out of a panel of jurisconsults maintained by the Court for the purpose.
5. For being eligible to have his name borne on the panel of jurisconsults referred to in clause (4), a person shall be an aalim who, in the opinion of the Court, is well-versed in Shariat.
6. A legal practitioner or jurisconsult representing a party before the Court shall not plead for the party but shall state, expound and interpret the Injunctions of Islam relevant to the proceedings so far as may be known to him and submit to the Court a written statement of his interpretation of such Injunctions of Islam.
7. The Court may invite any person in Pakistan or abroad whom the Court considers to be well-versed in Islamic law to appear before it and render such assistance as may be required of him.
8. No court fee shall be payable in respect of any petition or application made to the Court under Article 203D.
9. The Court shall have power to review any decision given or order made by it.

203F. Appeal to Supreme Court

1. Right to appeal judicial decisions
   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:

   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.
3. An appeal shall lie to the Supreme Court from any judgment, final order or sentence of the Federal Shariat Court-
   1. 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
   2. if the Federal Shariat Court has imposed any punishment on any person for contempt of the Court.
4. 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.
5. 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-
   1. three Muslim Judges of the Supreme Court; and
   2. 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.
6. A person appointed under paragraph (b) of clause (3) shall hold office for such period as the President may determine.
7. Reference in clauses (1) and (2) to "Supreme Court" shall be construed as a reference to the Shariat Appellate Bench.
8. 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

203GG. Decision of Court binding on High Court and courts subordinate to it

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

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 :
   1. 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. the form of oath to be made by a Jurisconsult, expert or witness appearing before the Court 2;
   3. the powers and functions of the Court being exercised or performed by Benches consisting of one or more members constituted by the Chairman ;
   4. 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
   5. 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.

204. Contempt of Court

1. In this Article, "Court" means the Supreme Court or a High Court.
2. A Court shall have power to punish any person who-
   1. abuses, interferes with or obstructs the process of the Court in any way or disobeys any order of the Court;
   2. scandalizes the Court or otherwise does anything which tends to bring the Court or a Judge of the Court into hatred, ridicule or contempt;
   3. does anything which tends to prejudice the determination of a matter pending before the Court; or
   4. 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

206. Resignation

1. A Judge of the Supreme Court or of a High Court may resign his office by writing under his hand addressed to the President.
2. A Judge of a High Court who does not accept appointment as a Judge of the Supreme Court shall be deemed to have retired from his office and, on such retirement, shall be entitled to receive a pension calculated on the basis of the length of his service as Judge and total service, if any, in the service of Pakistan.

207. Judge not to hold office of profit, etc

1. A Judge of the Supreme Court or of a High Court shall not-
   1. hold any other office of profit in the service of Pakistan if his remuneration is thereby increased ; or
   2. occupy any other position carrying the right to remuneration for the rendering of services.
2. A person who has held office as a Judge of the Supreme Court or of a High Court shall not hold any office of profit in the service of Pakistan, not being a judicial or quasi-judicial office or the office of Chief Election Commissioner or of Chairman or member of a Law Commission or of Chairman or member of the Council of Islamic Ideology, before the expiration of two years after he has ceased to hold that office.
3. A person who has held office as a permanent Judge-
   1. of the Supreme Court, shall not plead or act in any court or before any authority in Pakistan;
   2. of a High Court, shall not plead or act in any court or before any authority within its jurisdiction ; and
   3. of the High Court of West Pakistan as it existed immediately before the coming into force of the Province of West Pakistan (Dissolution) Order, 1970, shall not plead or act in any court or before any authority within the jurisdiction of the principal seat of that High Court or, as the case may be, the permanent bench of that High Court to which he was assigned.

208. Officers and servants of Courts

209. Supreme Judicial Council

1. There shall be a Supreme Judicial Council of Pakistan, in this Chapter referred to as the Council.
2. The Council shall consist of-
   1. the Chief Justice of Pakistan;
   2. the two next most senior Judges of the Supreme Court; and
   3. the two most senior Chief Justices of High Courts.

   Explanation.-For the purpose of this clause, the inter se seniority of the Chief Justices of the High Courts shall be determined with reference to their dates of appointment as Chief Justice otherwise than as acting Chief Justice, and in case the dates of such appointment are the same, with reference to their dates of appointment as Judges of any of the High Courts.

3. If at any time the Council is inquiring into the capacity or conduct of a Judge who is a member of the Council, or a member of the Council is absent or is unable to act due to illness or any other cause, then-
   1. if such member is a Judge of the Supreme Court, the Judge of the Supreme Court who is next in seniority below the Judges referred to in paragraph (b) of clause (2), and
   2. if such member is the Chief Justice of a High Court, the Chief Justice of another High Court who is next in seniority amongst the Chief Justices of the remaining High Courts,

   shall act as a member of the Council in his place.

4. If, upon any matter inquired into by the Council, there is a difference of opinion amongst its members, the opinion of the majority shall prevail, and the report of the Council to the President shall be expressed in terms of the view of the majority.
5. Supreme/ordinary court judge removal
   If, on information from any source, the Council or the President is of the opinion that a Judge of the Supreme Court or of a High Court-
   1. may be incapable of properly performing the duties of his office by reason of physical or mental incapacity ; or
   2. may have been guilty of misconduct,

   the President shall direct the Council to, or the Council may, on its own motion, inquire into the matter.

6. Supreme/ordinary court judge removal
   If, after inquiring into the matter, the Council reports to the President that it is of the opinion-
   1. that the Judge is incapable of performing the duties of his office or has been guilty of misconduct, and
   2. that he should be removed from office, the President may remove the Judge from office.
7. A Judge of the Supreme Court or of a High Court shall not be removed from office except as provided by this Article.
8. The Council shall issue a code of conduct to be observed by Judges of the Supreme Court and of the High Courts.

210. Power of Council to enforce attendance of persons, etc

1. For the purpose of inquiring into any matter, the Council shall have the same power as the Supreme Court has to issue directions or orders for securing the attendance of any person or the discovery or production of any document; and any such direction or order shall be enforceable as if it had been issued by the Supreme Court.
2. The provisions of Article 204 shall apply to the Council as they apply to the Supreme Court and a High Court.

211. Bar of jurisdiction

212. Administrative Courts and Tribunals

1. Establishment of administrative courts, Courts for judging public officials
   Notwithstanding anything hereinbefore contained the appropriate Legislature may by Act provide for the establishment of one or more Administrative Courts or Tribunals to exercise exclusive jurisdiction in respect of-
   1. matters relating to the terms and conditions of persons who are or have been in the service of Pakistan, including disciplinary matters ;
   2. Ultra-vires administrative actions
      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
   3. 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 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; 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, Majlis-e-Shoora (Parliament) by law 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

212B. Establishment of Special Courts for trial of heinous offences

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. No person shall be appointed to be Commissioner unless he is, or has been, a Judge of the Supreme Court or is, or has been, a Judge of a High Court and is qualified under paragraph (a) of clause (2) of Article 177 to be appointed a Judge of the Supreme Court.
3. 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.
4. 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:

   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:

   Provided further that the total strength of the Parliamentary Committee shall be twelve members out of which one-third shall be from the Senate:

   Provided also that when the National Assembly is dissolved and a vacancy occurs in the office of the Chief Election Commissioner, 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.

5. The Commissioner shall have such powers and functions as are conferred on him by the Constitution and law.

214. Oath of Office

215. Term of office of Commissioner and members

1. The Commissioner and a member shall, subject to this Article, hold office for a term of five years from the day he enters upon his office:

   Provided that the aforesaid amendment shall be effective after the expiry of current tenure of the present incumbent Commissioner.

2. The Commissioner 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 or, as the case may be, a member.
3. The Commissioner or a member may, by writing under his hand addressed to the President, resign his office.

216. Commissioner and members not to hold office of profit

1. The Commissioner or a member shall not-
   1. hold any other office of profit in the service of Pakistan; or
   2. occupy any other position carrying the right to remuneration for the rendering of services.
2. A person who has held office as Commissioner 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:

   Provided that-

   1. this clause shall not be construed as preventing a person who was a Judge of the Supreme Court or of a High Court immediately before his appointment as Commissioner from resuming his duties as such Judge on the expiration of his term as Commissioner.
   2. [omitted]

217. Acting Commissioner

218. Election Commission

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. The Election Commission shall consist of-
   1. the Commissioner who shall be Chairman of the Commission; and
   2. four members, each of whom has been a Judge of a High Court from each Province, appointed by the President in the manner provided for appointment of the Commissioner in clauses (2A) and (2B) of Article 213.
3. It shall be the duty of the Election Commission 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 Commission

220. Executive authorities to assist Commission, etc

221. Officers and servants

222. Electoral laws

223. Bar against double membership

1. Outside professions of legislators
   No person shall, at the same time, be a member of-
   1. both Houses; or
   2. a House and a Provincial Assembly; or
   3. the Assemblies of two or more Provinces; or
   4. 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

1. Scheduling of elections
   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.
2. Head of government replacement
   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 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:

   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:

   Provided 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.

3. 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.

4. Scheduling of elections
   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.
5. Scheduling of elections
   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.
6. Scheduling of elections, Replacement of legislators
   When, except by dissolution of the National Assembly or a Provincial Assembly, a general 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.
7. Replacement of legislators
   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.
8. Replacement of legislators
   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 seat.

   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.

224A. Resolution by Committee or Election Commission

1. Head of government replacement
   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.
2. In case a Chief Minister and the Leader of the Opposition in the outgoing Provisional 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. Head of government replacement
   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. Head of government replacement
   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

226. Elections by secret ballot

240. Appointments to service of Pakistan and conditions of service

241. Existing rules, etc., to continue

242. Public Service Commission

1. 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. The Chairman of the Public Service Commission constituted in relation to the affairs of the Federation shall be appointed by the President on the advice of the Prime Minister.
3. 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.
4. A Public Service Commission shall perform such functions as may be prescribed by law.

243. Command of Armed Forces

1. The Federal Government shall have control and command of the Armed Forces.
2. Designation of commander in chief
   Without prejudice to the generality of the foregoing provision, the Supreme Command of the Armed Forces shall vest in the President.
3. Designation of commander in chief
   The President shall subject to law, have power-
   1. to raise and maintain the Military, Naval and Air Forces of Pakistan; and the Reserves of such Forces; and
   2. to grant Commissions in such Forces.
4. Selection of active-duty commanders
   The President shall, on advice of the Prime Minister, appoint-
   1. the Chairman, Joint Chiefs of Staff Committee;
   2. the Chief of the Army Staff;
   3. the Chief of the Naval Staff; and
   4. the Chief of the Air Staff,

   and shall also determine their salaries and allowances.

244. Oath of Armed Forces

245. Functions of Armed Forces

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.
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.

246. Tribal Areas

247. Administration of Tribal Areas

1. Subject to the Constitution, the executive authority of the Federation shall extend to the Federally Administered Tribal Areas, and the executive authority of a Province shall extend to the Provincially Administered Tribal Areas therein.
2. The President may, from time to time, give such directions to the Governor of a Province relating to the whole or any part of a Tribal Area within the Province as he may deem necessary, and the Governor shall, in the exercise of his functions under this Article, comply with such directions.
3. No Act of Majlis-e-Shoora (Parliament) shall apply to any Federally Administered Tribal Area or to any part thereof, unless the President so directs, and no Act of Majlis-e-Shoora (Parliament) or a Provincial Assembly shall apply to a Provincially Administered Tribal Area, or to any part thereof, unless the Governor of the Province in which the Tribal Area is situate, with the approval of the President, so directs; and in giving such a direction with respect to any law, the President or, as the case may be, the Governor, may direct that the law shall, in its application to a Tribal Area, or to a specified part thereof, have effect subject to such exceptions and modifications as may be specified in the direction.
4. Notwithstanding anything contained in the Constitution, the President may, with respect to any matter within the legislative competence of Majlis-e-Shoora (Parliament), and the Governor of a Province, with the prior approval of the President, may, with respect to any matter within the legislative competence of the Provincial Assembly make regulations for the peace and good government of a Provincially Administered Tribal Area or any part thereof, situated in the Province.
5. Notwithstanding anything contained in the Constitution, the President may, with respect to any matter, make regulations for the peace and good government of a Federally Administered Tribal Area or any part thereof.
6. Head of state decree power
   The President may, at any time, by Order, direct that the whole or any part of a Tribal Area shall cease to be Tribal Area, and such Order may contain such incidental and consequential provisions as appear to the President to be necessary and proper:

   Provided that before making any Order under this clause, the President shall ascertain, in such manner as he considers appropriate, the views of the people of the Tribal Area concerned, as represented in tribal jirga.

7. Neither the Supreme Court nor a High Court shall exercise any jurisdiction under the Constitution in relation to a Tribal Area, unless Majlis-e-Shoora (Parliament) by law otherwise provides:

   Provided that nothing in this clause shall affect the jurisdiction which the Supreme Court or a High Court exercised in relation to a Tribal Area immediately before the commencing day.

248. Protection to President, Governor, Minister, etc

1. Head of government immunity
   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. No criminal proceedings whatsoever shall be instituted or continued against the President or a Governor in any court during his term of office.
3. No process for the arrest or imprisonment of the President or a Governor shall issue from any court during his term of office.
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 any thing 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 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. Compensation of legislators
   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, a Chief Minister, a Provincial Minister and the Chief Election Commissioner.
2. Compensation of legislators
   Until other provision is made by law,-
   1. 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, 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, a Chief Minister, a Provincial Minister or, as the case may be, the Chief Election Commissioner was entitled immediately before the commencing day; and
   2. 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. Compensation of legislators
   The salary, allowances and privileges of a person holding office as-
   1. the President;
   2. the Chairman or Deputy Chairman;
   3. the Speaker or Deputy Speaker of the National Assembly or a Provincial Assembly;
   4. a Governor;
   5. the Chief Election Commissioner; or
   6. 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 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. Protection of language use
   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. Majlis-e-Shoora (Parliament) may by law-
   1. prescribe the maximum limits as to property or any class thereof which may be owned, held, possessed or controlled by any person; and
   2. 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.

254. Failure to comply with requirement as to time does not render an act invalid

255. Oath of Office

1. An oath required to be made by a person under the Constitution shall 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 that person.
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

257. Provision relating to the State of Jammu and Kashmir

258. Government of territories outside Provinces

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. Head of state powers
   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, meritorious service in the Armed Forces, academic distinction or distinction in the field of sports or nursing, as provided by Federal law.
3. All titles, honours and decorations awarded to citizens by any authority in Pakistan before the commencing day other-wise than in recognition of gallantry, meritorious service in the Armed Forces or academic distinction shall stand annulled.

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 Majlis-e-Shoora (Parliament)" means an Act passed by Majlis-e-Shoora (Parliament) or the National Assembly and assented to, or deemed to have been assented to, by the President;

     "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;

     "Chief Justice", in relation to the Supreme Court or a High Court, includes the Judge for the time being acting as Chief Justice of the Court;

     "citizen" means a citizen of Pakistan as defined by law; clause means clause of the Article in which it occurs;

     "clause" means clause of the Article in which it occurs;

     "corporation tax" means any tax on income that is payable by companies and in respect of which the following conditions apply:-

     1. the tax is not chargeable in respect of agricultural income;
     2. 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;
     3. 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 Majlis-e-Shoora (Parliament);

     "financial year" means a year commencing on the first day of July;

     "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 Supreme Court or a High Court, includes the Chief Justice of the Court and also includes-

     1. in relation to the Supreme Court, a person who is acting as a Judge of the Court; an
     2. 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;

     "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 Majlis-e-Shoora (Parliament) or of a Provincial Assembly, but does not include service as Speaker, Deputy Speaker, Chairman, Deputy Chairman, Prime Minister, Federal Minister, Minister of State, Chief Minister, Provincial Minister, Attorney-General, Advocate-General, Parliamentary Secretary or 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. In the Constitution "Act of 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.
3. In the Constitution and all enactments and other legal instruments, unless there is anything repugnant in the subject or context,-
   1. God or other deities
      "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
   2. "non-Muslim" means a person who is not a Muslim and includes a person 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

262. Gregorian calendar to be used

263. Gender and number

264. Effect of repeal of laws

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-
   1. for the constitution of the first Senate;
   2. for the first meeting of a House or a joint sitting to be held;
   3. for the election of the President and the Prime Minister to be held ; and
   4. 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

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.

267A. Power to remove difficulties

267B. Removal of doubt

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.
2. [omitted]
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 authorise 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, Presidents 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 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. 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 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 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 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 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,-

   1. in respect of President's Order's, Ordinances, Martial Law Regulations, Martial Law Orders and enactments, the appropriate Legislature; and
   2. 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.
6. The laws referred to in clause (1) may be amended by the appropriate Legislature in the manner provided for amendment of such laws.

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 amendment 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.

   Explanation.- For the purposes of clause (2) and clause (6), "competent authority" means,-

   1. in respect of Presidents' Orders, Ordinances, Chief Executive's Orders and all other laws, the appropriate Legislature; and
   2. 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 High Court,-
   1. 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.
   2. 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 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.

270B. Elections to be deemed to be held under Constitution

270BB. General Elections 2008

271. First National Assembly

1. Notwithstanding anything contained in the Constitution but subject to Article 63, Article 64 and Article 223,-
   1. the first National Assembly shall consist of-
      1. persons who have taken oath in the National Assembly of Pakistan existing immediately before the commencing day ; and
      2. 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 National Assembly in the Constitution shall be construed accordingly;

   2. 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, 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:

      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.

272. First constitution of Senate

273. First Provincial Assembly

1. Notwithstanding anything contained in the Constitution, but subject to Article 63, Article 64 and Article 223,-
   1. the first Assembly of a Province under the Constitution shall consist of-
      1. the members of the Assembly of that Province in existence immediately before the commencing day, and
      2. 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 "total membership" of the Assembly of a Province in the Constitution shall be construed accordingly;

   2. the qualifications and disqualifications for membership of the first Assembly of a Province shall, except in case of members filling casual vacancies, 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 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 -
   1. 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
   2. 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 -
   1. Chief Justice of Pakistan or other Judge of the Supreme Court, or Chief Justice or other Judge of a High Court;
   2. Governor of a Province;
   3. Chief Minister of a Province;
   4. Speaker or Deputy Speaker of the National Assembly or a Provincial Assembly;
   5. Chief Election Commissioner;
   6. Attorney-General for Pakistan or Advocate-General for a Province; and
   7. Auditor-General of Pakistan.
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 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-
   1. 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
   2. all authorities and all offices (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

277. Transitional financial, provisions

1. The schedule or 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-
   1. any reference in those provisions to the President shall be read as a reference to the Governor of the Province;
   2. any reference in those provisions to the Federal Government shall be read as a reference to the Government of the Province; and
   3. any reference in those provisions to the Federal Consolidated Fund shall be read as a reference to the Provincial Consolidated Fund of the Province.

278. Accounts not audited before commencing day

279. Continuance of taxes

280. Continuance of Proclamation of Emergency

I. President's Orders

1. The Acceding State (Property) Order, 1961 (P. 0. No. 12 of 1961).
2. The Economic Reforms Order, 1972 (P. 0. 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).
7. The Settlement of Disputes of Immovable Property (Chitral) (Amendment) Regulation, 1976 (II 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).
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).

IV. Ordinance Promulgated by the President

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).

VI. Provincial Ordinance

I. President's Orders

1. The Minerals (Acquisition and Transfer) Order, 1961 (P. 0. No. 8 of 1961).
2. The Companies (Managing Agency and Election of Directors) Order, 1972 (P. 0. No. 2 of 1972).
3. The Co-operative Societies (Reforms) Order, 1972 (P. 0. No. 9 of 1972).
4. The Life Insurance (Nationalization) Order, 1972 (P. 0. No. 10 of 1972).
5. The Martial Law (Pending Proceedings) Order, 1972 (P. 0. No. 14 of 1972).
6. The Rulers of Acceding States (Abolition of Privy Purses and Privileges) Order, 1972 (P. 0. 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. 0. No. 20 of 1972).

II. Regulations

1. Rawalpindi (Requisition of Property) Regulation, 1959.
2. The Pakistan Capital Regulation, 1960.
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) (Sind) 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).
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

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).