1973 Constitution
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1973 Constitution |
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Commemorative stamp issued on the proclamation of the 1973 Constitution
Full Text of Constitution of Pakistan in Acrobat (pdf) format. Click Here
1973 Constitution Shaheed Zulfiqar Ali Bhutto’s first achievement after coming into power was the preparation of a Constitution for the country. The most prominent characteristic of this Constitution was that it accommodated proposals from the opposition parties and hence almost all the major political parties of the country accepted it. The National Assembly approved the 1973 Constitution on April 10, 1973, and it came into effect on August 14. Shaheed Zulfiqar Ali Bhutto took over as the Prime Minister of Pakistan from this date and Fazal Ilahi Chaudhry was appointed as the President of Pakistan.
The Constitution of 1973 opens with a Preamble. This is the preliminary part of the Constitution in which broad features of the Constitution have been explained. The first Article of the Constitution declares Pakistan as a Federal Republic to be known as the Islamic Republic of Pakistan. Islam was declared as the State religion of Pakistan. Pakistan was to be a Federation of four federating Units, Punjab, Sindh, N. W. F. P. and Baluchistan.
The Constitution was parliamentary in nature. Article 41 of the Constitution lay down that the President was to be the Head of the State. The President was to be a Muslim above 45 years of age and was to be elected by a joint sitting of members of the Parliament for 5 years. He could be re-elected but could not hold office for more than two terms. The President was to act on the advice of the Prime Minister of Pakistan. The President could be removed on the grounds of physical or mental incapacity or impeached on charges of violating the Constitution or gross misconduct. The President was authorized to appoint the Attorney General, Judges of Supreme Court and High Courts, and the Chief Election Commissioners. In the Provincial Government, each province was to have a Governor appointed by the President. The appointment of Federal Ministers and Ministers of the State from amongst the members of the Parliament was at the Prime Minister's disposal.
The 1973 Constitution set up a bicameral legislature at the Center consisting of two Houses, the National Assembly and the Senate. The National Assembly consisted of 200 seats elected directly for duration of five years. The President on the advice of the Prime Minister could dissolve the National Assembly. The Senate was to consist of 63 members; each province was to elect 14 members. In the Provincial Government, each province will have a Governor appointed by the President. The Provincial Assembly for each province consisted of 240 seats for the Punjab, 100 seats for Sindh, 80 seats for N. W. F. P., and 40 seats for Baluchistan.
The 1973 Constitution provided a free and independent Judiciary. The Constitution guaranteed a right to the citizens; to be protected by law, and imposed two duties on them, loyalty to the Republic and obedience to the law. Any person who was found to abrogate or attempt or conspire to abrogate or subvert the Constitution was to be treated guilty of high treason. The Constitution conferred several kinds of fundamental rights to the people such as the right to life, liberty, equality and freedom of speech, trade and association. The Constitution also declared the laws inconsistent with or in derogatory to fundamental rights as null and void.
In light of the previous experience, the Constitution of 1973 was more Islamic in character than the previous ones. Emphasis was made to establish a real Islamic system in all aspects of social life. Keeping this objective in mind, more Islamic provisions were laid down in the Constitution of 1973. The Constitution recognized Islam as the religion of the country and enjoined upon the State to serve the cause of Islam and to bring all existing laws in conformity with Islam. The Islamic Advisory Council was set up to recommend ways and means to bring existing laws of the country in conformity with the Islamic principles.
The Constitution of 1973 remained in force for nearly four years. It was, however, suspended by General Muhammad Zia-ul-Haq, who imposed Martial Law in the country on July 5, 1979. However, General Muhammad Zia-ul-Haq who ran the country with Martial Law passed the Eighth Amendment in the Constitution in 1985. This Amendment empowered the President to dissolve the National Assembly under Article 58(2) b. This Article was later repealed by the Parliament during Nawaz Sharif's era through Thirteenth Amendment introduced on April 1, 1997. The Thirteenth Amendment was in turn repealed by the Legal Framewo rk Order of 2002, which effectively restored the discretionary powers of the President enacted by the Eighth Amendment.
1973
Constitution...
The present constitution (1973) provides for the protection and preservation of Islamic Concept of life. It also attempts to propagate and implement the basic teachings of Islam.
Islamic Provisions of 1973 Constitution The following are the Islamic provisions of 1973 constitution based on the principles of Holy Qur'an and Sunnah.
Official Name Pakistan shall be known as "Islamic Republic of Pakistan." State Religion Islam shall be the state religion of Pakistan.
Sovereignty Belongs to Allah Sovereignty over the entire Universe belongs to Almighty Allah and the authority bestowed by him on men is a sacred trust which the people of Pakistan will exercise with the limits prescribed by Qur'an and Sunnah.
Definition of a Muslim The constitution also gives the definition of a Muslim. A person who believes in Tauheed or Oneness of Allah, and in the prophet hood of Hazrat Mohammad (P.B.U.H) as the last prophet of Allah has described as a Muslim.
A Muslim to be a President and Prime Minister The constitution laid down that only Muslims shall be elected President and Prime Minister of Pakistan. Non non-Muslim could hold these offices.
Islamic Way of life Steps shall be given to enable the Muslims of Pakistan to order their lives in accordance with the fundamental principles and basic concepts of Islam.
Promotion of Social Justice and Eradication of Social Evils The state shall take necessary steps for prosecution of social justice and eradication of social evils and shall prevent prostitution, gambling and taking of injurious drugs, printing, publication, circulation and display of obscene literature and advertisements.
Teachings of Holy Qur'an The state shall try to make the teachings of Holy Qur'an and Islamic Studies compulsory to encourage and facilitate the learning of Arabic language.
Strengthen Bond with Muslim World The state shall endeavour to strengthen fraternal relations among Muslim countries in order to promote Islamic unity.
Council of Islamic Ideology There is a council of Islamic ideology which shall guide the government in respect of Islamic teachings, their implementation and propagation. Its chairman and members are appointed by President. Although its advice is not binding on the government yet it is not easy for any government to ignore or over rule its suggestion or opinion regarding any law.
Error Free Publication of Quran The government shall endeavor to secure correct and exact printing and publishing of the Holy Qur'an.
Oath to Project and Promote Islamic Ideology The Federal and Provincial Ministers, the Speaker and Deputy Speaker of the National and Provincial Assemblies, the Chairman of the Senate and the Governors and Chief Ministers of the Provinces also take oath to preserve and protect the Islamic Ideology.
AMENDMENTS TO THE CONSTITUTION
First Amendment:
CONSTITUTION (FIRST AMENDMENT) ACT, 1974An Act to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, Part I, 8th May 1974]
The following Act of Parliament received the assent of the President on the 4th May 1974 and is hereby published for general information.
Whereas it is expedient to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing . It is hereby enacted as follows:- 1. Short title and commencement
(1) This act may be called the Constitution (First Amendment ) Act ,1974.
(2) It shall come into force at once.
2. Amendment of Article 1 of the Constitution.
In the Constitution of the Islamic Republic Of Pakistan hereinafter referred to as the Constitution, in Article 1, for clauses (2), (3) and (4) the following shall be substituted, namely - (2) the territories of Pakistan shall comprise - (a) the Province of Baluchistan, the North-West Frontier, the Punjab and Sind ; (b) the Islamabad Capital Territory, hereinafter referred to as the Federal Capital ; (c) the Federally Administered Tribal Areas; and (d) such States and territories as are or may be included in Pakistan. whether by accession or otherwise. (3) Parliament may by law admit into the Federation new States or areas on such terms and conditions as it thinks fit.’’ 3. Amendment of Article 8 of the Constitution. In the Constitution, in Article 8, in clause(3) in paragraph (b), after the word “day” at the end , the words “or as amended by any of the laws specified in that schedule” shall be added. 4. Amendment of Article 17 of the Constitution. In the Constitution, in Article 17, for clause (2), the following shall be substituted, namely - “(2) Every citizen, not being in the service of Pakistan, shall have the right to from or be 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 declare that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan , the Federal Government shell , 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.” 5. Amendment of Article 61 of the Constitution. In the Constitution, in Article 61, after the words “Deputy Chairman” at the end, the words, commas, brackets and figures “ and as if , in the proviso to the said clause (2) of Article 54 for the words ‘ one hundred and thirty ‘ the words ‘ninety’ were substituted ” shall be added. 6. Amendment of Article 101 of The Constitution. In the constitution, in Article 101, in clause(3), after the word “ President” at the end, the words and comma “and’ shall be entitled to such salary, allowances and privileges as the President may determine” shall be added. 7. Amendment of Article 127 of the Constitution. In the constitution, in Article 127, - (a) in paragraph (e), the word “and” at the end shall be omitted; (b) in paragraph (f), for the full-stop at the end the semi-colon and word “;and” shall be substituted; and (c) after paragraph (f) amendment as aforesaid, the following new paragraph shall be added, namely:- “(g) the said clause (2) of Article 54 shall have effect as if, in the proviso thereto, for the words “one hundred and thirty” the word “seventy” were substituted”. 8. Amendment of Article 193 of the Constitution. In the Constitution, in Article 193, in clause (2), after paragraph (c) the following Explanation shall be added, namely - “ 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”. 9. Amendment of Article 199 of the Constitution. In the constitution , in Article 199 , for clause (3), the following shall be substituted, namely - (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”. 10. Amendment of Article 200 of the Constitution.
In the Constitution, in Article 200, after clause (2), the following new clause shall be added, namely - “ If any time it is necessary for any reason to increase temporarily the number of Judges of a High Court, the Chief Justice of that High 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 consolation with the Chief Justice of Pakistan and the Chief Justice of the High Court of which he is a Judge”.
11. Amendment of Article 209 of the Constitution.
In the constitution, in Article 209, in clause (2), in the Explanation, after words “ Chief Justice “, the words “otherwise than as acting Chief Justice” shall be inserted.
12. Amendment of Article 212 of the Constitution.
In the Constitution in article 212 - (a) in clause (1),
(i) For the word “establish” the words “ provide for establishment of ” shall be substituted and shall be deemed always to have been so substituted ; and.
(ii) in paragraph (a) after the word ‘persons’, the words “who are or have been’’ shall be inserted and shall be deemed always to have been so inserted; and.
(b) in clause (2) after the words ‘‘Tribunal extends’’, the following words shall be inserted and shall be deemed always to have been so inserted, namely:- “and all proceedings in respects of any such matter which may be pending before such other Court immediately before the establishment of the Administrative Court or tribunal shall abate on such establishment.”
13. Amendment of Article 250 of the Constitution.
In the Constitution, in Article 250, in clauses (1) and (2), the words and comma “ a governor ,”, wherever occurring., shall be omitted.
14. Amendment of Article 259 of the Constitution. In the constitution, in Article 259, - (a) in clauses (2), after the word “ gallantry”, the comma and words “ meritorious service in the Armed Forces” shall be inserted ; and
(b) in clause (3) after the word “ gallantry” , the comma and words “ meritorious services in the Armed Forces” shall be inserted and shall be deemed always to have been so inserted.
15. Amendment of Article 260 of the Constitution.
In the Constitution, in Article 260, in clause (1), - (a) after the definition of the “Chairman” , the following new definition shall be inserted, namely - “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 ;“ and
(b) In the definition of “service of Pakistan” , after the words “Provincial Minister” , the commas and words “ , Attorney-General, Parliamentary Secretary“ shall be inserted.
16. Amendment of Article 272 of the Constitution.
In the Constitution, in Article 272, in the marginal heading , after the word “ First” the words “ constitution of “ shall be inserted.
17. Amendment of First Schedule to the Constitution.
In the Constitution, in the First Schedule for Part IV the following shall be substituted ,namely - “ IV. FEDERAL ACTS
1- The Censorship of Films Act, 1963 ( XVII of 1963)
2- The Land Reforms ( Amendment) Act, 1974.”
Second Amendment:
CONSTITUTION ( SECOND AMENDMENT) ACT, 1974 An Act to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, Part I, 21st September, 1974]
Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing ; It is hereby enacted as follows:-
1- Short title and
commencement. 2- Amendment of Article 106 of the Constitution. In the Constitution of Islamic Republic of Pakistan, hereinafter referred to as the Constitution in Article 106, in clause (3) after the words “communities” the words and brackets “ and persons of Quadiani group or the Lahori group (who call themselves `Ahmadis` ) shall be inserted.
3- Amendment of
Article 260 of the Constitution. (3) A person who does not believe in the absolute and unqualified finality of The Prophet hood of MUHAMMAD (Peace be upon him), the last of the Prophets or claims to be a Prophet, in any sense of the word or of any description whatsoever , after MUHAMMAD ( Peace be upon him), or recognizes such a claimant as a Prophet or religious reformer, is not a Muslim for the purposes of the Constitution or law’’
Third Amendment:
CONSTITUTION (THIRD AMENDMENT) ACT, 1975An Act further to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, Part I, 18th February, 1975]The following Act of Parliament received the assent of the President on the 13th February, 1975, and is hereby published for general information :- Whereas it expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing ; It is enacted as follows :-
1. Short title and commencement.
(1) This Act may be called Constitution (Third Amendment) Act, 1975.
(2) It shall come into force at once.
2. Amendment of Article 106 of the Constitution.
In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution in Article 10,- (a) In clause (4), for the words "one month" twice occurring the words “three months” shall be substituted; (b) In clause (5) for the words and comma “as soon as may be, but not latter than one week ”the words "within fifteen days" shall be substituted; and (c) In clause (7), in the proviso; after the word “ enemy “ ,the commas and words “, or who is acting or attempting to act in a manner prejudicial to the integrity, security of defense of Pakistan or any part thereof or who commits or attempt 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 object, or which indulges him, any such anti-national activity ” shall be added. 3 Amendment of Article 232 of the Constitution. In the Constitution, in Article 232, in clause (7), for paragraph (b) the following new clause shall be substituted, namely - “ (b) shall, subject to the provisions of paragraph (a) cease to be in force upon a resolution disapproving the proclamation being passed by the votes of the majority of the total membership of the two Houses in joint sitting.”
Fourth Amendment:
CONSTITUTION (FOURTH AMENDMENT) ACT, 1975An Act to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, Part I, 25th November, 1975]Received the assent of the President on 2lst November,1975 further to amend the Constitution of the Islamic Republic of Pakistan.Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing, It is hereby enacted as follows :- 1. Short title and commencement. (1) This Act may be called the Constitution (Fourth Amendment) Act 1975. (2) It shall come into force at once. 2. Amendment of Article 8 of the Constitution.
In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 8, - (a) in clause (3), for paragraph (b) the following shall be substituted, namely
"(b) any of the - (i) laws specified in the First Schedule as in force immediately before the commencing day or as amended by any of the laws specified in that schedule;
(ii) other laws specified in Part I of the First Schedule,"(c)(sic) in clause (4), for the words and commas "the First Schedule, not being a law which relates to, or is connected with, economic reforms," the words and figure "Part II of the First Schedule" shall be substituted.
3. Amendment of Article 17 of the Constitution.
In the Constitution, in Article 17, in clause (1), for the words "morality or public order" the words "sovereignty or integrity of Pakistan, public order or morality" shall be substituted.
4. Amendment of Article 19 of the Constitution.
5. Amendment of Article 51 of the Constitution.
In the Constitution, in Article 51,
(a) after clause (2), the following new clause shall be inserted, namely:-
"(2-A) In addition to the number of seats referred to in clause (1), there shall be in the National Assembly six additional seats reserved for the persons referred to in clause (3) of Article 106.";and
(b) After clause (4), the following new clause shall be inserted, namely :-
"(4-A) As soon as practicable after the general election to the National Assembly, the members to fill seats reserved in that Assembly for the persons referred to in clause (2-A) shall be elected in accordance with law by the members of the Assembly referred to in clause (1)"
6. Amendment of Article 54 of the Constitution.
In the Constitution, in Article 54, in clause (2), the following explanation shall be added at the end , namely:- "Explanation. In this clause, `working days' includes any day on which there is a joint sitting and any period, not exceeding two days, for which the National Assembly is adjourned."
7. Amendment of Article 106 of the Constitution.
In the Constitution, in Article 106, in clause (3), - (a) for the word "or," occurring for the second time; the words "and other non-Muslims and persons belonging to" shall be substituted; and
(b) for the figure "3" against the Province of the Punjab the figure "5" shall be substituted.
8. Amendment of Article 199 of the Constitution.
In the Constitution, in Article 1999, - (a) after clause (3), the following new clause shall be inserted, namely:- "(3-A} A High Court shall not make an order under clause (1)
(a) prohibiting the making of an order for the detention of a person, or
(b) for the grant of bail to a person detained, under any law providing for preventive detention.";and
(c) (sic) after clause (4), the following new clause shall be inserted, namely:- "(4-A) 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, assessment or collection of public revenues shall cease to have effect on the expiration of a period of sixty days following the day on which it is made, unless the case is finally decided, or the interim order is withdrawn, by the court earlier."
9. Amendment of Article 271 of the Constitution.
In the Constitution, in Article 271, in clause (1),
(a) after the words "subject to", the word, figure and comma "Article 63," shall be inserted;
(b) for paragraph (a) the following shall be substituted, namely :- "(a) the first National Assembly shall consist of - (i) persons who have taken oath in the National Assembly of Pakistan existing immediately before the commencing day, and (ii) the persons to be elected in accordance with law by the members of Assembly to fill the seats referred to in clause (2-A) of Article 51,and unless sooner dissolved, shall continue until the fourteenth day August, one thousand nine hundred and seventy seven; and reference to "total membership of the National Assembly in the Constitution shall be construed accordingly; (c) in paragraph (b), after the word "vacancies" the commas, words, brackets, figures and letter, "or to be elected to the additional seats referred to in clause (2-A) of Article 51," shall be inserted. 10. Amendment of Article 272 of the Constitution. In the Constitution, in Article 272,- (a) the brackets and figure (1) occurring after the figure '272', shall be omitted ; and (b) After the words "subject to", the words and figure "Article 63 and" shall be inserted. 11. Amendment of Article 273 of the Constitution. In the Constitution, in Article 273; in clause (1),- (a) After the words "subject to", the word, figure and comma "Article 63," shall be inserted ;and (b) for paragraph (a) the following shall be substituted, namely:- "(a) the first Assembly of a Province under the Constitution shall consist of - (i) the members of the Assembly of that Province in existence immediately before the commencing day, and (ii) the additional members to be elected in accordance with law by the members of the Assembly to fill the seats referred to in clause (3) of Article 106,and, unless sooner dissolved, shall continue until the fourteenth day of August, one thousand nine hundred and seventy-seven ; and reference to "total membership" of the Assembly of a Province in the Constitution shall be construed accordingly,'; and (c) in paragraph (b), after the word "vacancies", the commas, words, brackets, and figures ", or to be elected to the additional seats referred to in clause (3) of Article 106," shall be inserted. 12. Substitution of the First Schedule to the Constitution.
In the Constitution, for the First Schedule the Schedule set out in the Schedule to this Act shall be substituted.
13. Amendment of the fourth Schedule to the Constitution.
In the Constitution, in the Fourth Schedule, in the Concurrent Legislative List, after entry 43, the following new entry shall be inserted, namely;- "43-A. Auqaf"
14.
Certain orders shall cease to have effect after specified period.
THE SCHEDULE(See section 12)"FIRST SCHEDULE"
[
Article 8 (3)(b) and (4) ] PART II. PRESIDENT'S ORDERS
1. The
Acceding State (Property) Order,1961 (P.O. No.12 of 1961) II. REGULATIONS
1. The
Land Reforms Regulation,1972. III. FEDERAL ACTS
1. The
Land Reforms (Amendment) Act,1974 (XXX of 1974). IV. ORDINANCES PROMULGATED BY THE PRESIDENTThe Land Reforms (Amendment) Ordinance, 1975 (XXI of 1975), and the Federal Act enacted to replace the said Ordinance. V.—PROVINCIAL ACTS
1. The
Land Reforms (Baluchistan Amendment) Act, 1974 (Baluchistan Act XI of 1974) PART III. PRESIDENTS ORDERS
1. The
Minerals (Acquisition and Transfer) Order,1961 (P.O. No.8 of 1961). II. REGULATIONS
1.
Rawalpindi (Requisition of Property) Regulation, 1959.
Fifth Amendment:
CONSTITUTION (FIFTH AMENDMENT) ACT, 1976 An Act to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, Part I, 16th September, 1976]
The following Act of Parliament received the assent of the President on 16th September,1976, and is hereby published for general information. Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing, It is hereby enacted as follows :- 1. Short title and commencement. (1) This Act may be called the Constitution (Fifth Amendment) Act 1976. (2) It shall come into force at once, except section 8 and section 13, which shall come into force on the first day of December 1976. 2. Amendment of Article 101 of the Constitution.
In the Constitution of the Islamic Republic of Pakistan hereinafter referred to as the Constitution, in Article 101, in clause (2), for the full-stop at the end a colon shall be substituted and thereafter the following proviso and new clause shall be added, namely:-
"Provided that, after the holding of the first general election to the National Assembly, a person shall not be appointed to be the Governor of the Province of which he is a permanent resident.
(2-A) Nothing contained in the proviso to clause (2) shall apply during the period that an Order under paragraph (c) of clause (2) of Article 232 or a Proclamation under Article 234 is in force."
3. Amendment of Article 160 of the Constitution.
In the Constitution, in Article 160, in clause (3), for paragraph (ii) the following shall be substituted namely :- "(ii) taxes on the sales and purchases of goods imported, exported, produced, manufactured or consumed.;"
4. Amendment of Article l75 of the Constitution.
In the Constitution, in Article 175 in clause (3), for the word "three" the word "five" shall be substituted.
5. Amendment of Article 179 of the Constitution.
In the Constitution, Article 179 shall be re-numbered as clause (1) of that Article and, after clause (1) re-numbered as aforesaid, the following new clauses shall be added, namely :- "(2) The Chief Justice of the Supreme Court, whether appointed before or after the commencement of the Constitution (Fifth Amendment) Act, 1976, shall, unless he sooner attains the age of sixty-five years, hold office for a term of five years and shall thereafter have the option either :-
(a) to retire from his office and receive the pension to which he would have been entitled if he had retired from office on attaining the age of sixty-five years; or
(b) to assume the office of the most senior of the other Judges of the Supreme Court and to continue to receive the same salary which he was receiving while holding the office of Chief Justice.
(3) When a Judge assumes the office of the most senior of the other Judges of the Supreme Court under clause (2), the Judge who was until then the most senior of the other Judges shall rank next after him in order of seniority.
(4) A person who has once held office as Chief Justice of the Supreme Court, otherwise than under Article 180, shall not again be appointed to that office.
(5) The provisions of clauses (2), (3) and (4) shall have effect notwithstanding anything contained in Article 275.
6. Amendment of Article 180 of the Constitution.
In the Constitution, in Article 180, for the words "the most senior of the other Judges of the Supreme Court" the words "one of the Judges of the Supreme Court who have not previously held the office of Chief Justice of Pakistan otherwise than under this Article" shall be substituted.
7. Amendment of Article 187 of the Constitution.
In the Constitution, in Article 187, in clause (1), for the word "The" the words, brackets, figures and comma "Subject to clause (2) of Article 175, the" shall be substituted.
8. Amendment of Article 192 of the Constitution.
In the Constitution, in Article 192, for clauses (2), (3) and (4) the following shall be substituted, namely :- "(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 of the principal seats of the two High Courts, transfer of the Judges of the common High Court, transfer of cases pending in the common High Court immediately before the establishment of the two High Courts and, generally, for matters consequential or ancillary to the common High Court ceasing to function and the establishment of the two High Courts as he may deem fit."
9. Amendment of Article 195 of the Constitution.
In the Constitution, Article 195 shall be re-numbered as clause (1) of that Article and, after clause (1), re-numbered as aforesaid, the following new clauses shall be added, namely :- "(2) The Chief Justice of a High Court, whether appointed before or after the commencement of the Constitution (Fifth Amendment) Act, 1976, shall, unless he sooner attains the age of sixty-two years, hold office for a term of four years and shall thereafter have the option either:-
(a) to retire from his office and receive the pension to which he would have been entitled if he had retired from office on attaining the age of sixty-two years; or
(b) to assume the office of the most senior of the other Judges of the High Court and to continue to receive the same salary which he was receiving while holding the office of Chief Justice.
(3) When a Judge assumes the office of the most senior of the other Judges of a High Court under clause (2), the Judge who was until then the most senior of the other Judges shall rank next after him in order of seniority.
(4) A person who has once held office as Chief Justice of a High Court, otherwise than under Article 196, shell not again be appointed to be the Chief Justice of that High Court.
(5) The provisions of clause (2), (3) and (4) shall have effect notwithstanding anything contained in Article 275."
10. Amendment of Article 196 of the Constitution.
In the Constitution, in Article 196, for the words "the most senior of the other Judges of the High Court" the words "one of the Judges of the High Court who have not previously held the office of Chief Justice of the High Court otherwise than under this Article" shall be substituted.
11. Amendment of Article 199 of the Constitution.
In the Constitution, in Article 199, for clause (3-A) the following shall be substituted, namely :- "(3-A) A High Court shall not make under this Article - (a) an order prohibiting the making, or suspending the operation, of an order for the detention of any person under any law providing for preventive detention; (b) an order for the release on bail of any person detained under any law providing for preventive detention; (c) an order for the release on bail, or an order suspending the operation of an order for the custody, of any person against whom a report or complaint has been made before any Court or tribunal, or against whom a case has been registered at any police station, in respect of an offence, or who has been convicted by any Court or tribunal; (d) an order prohibiting the registration of a case at a police station, or the making of a report or complaint before any Court or tribunal, in respect of an offence; or (e) any other interim order in respect of any person referred any of the preceding paragraphs. (3-B) Every such order as is referred to in clause (3-A), made at any time after the commencement of the Constitution (Fourth Amendment) Act, 1975, shall cease to have effect and all applications for the making of any such order that may be pending before any High Court shall abate. (3-C) The provisions of clauses (3-A) and (3-B) shall also apply to the disposal of an application in a petition for leave to appeal, or in an appeal, from an order such as is referred to in the said clause (3-A) that may be pending before the Supreme Court immediately before the commencement of the Constitution ( Fifth Amendment) Act, 1976." 12. Amendment of Article 200 of the Constitution.
In the Constitution,
in Article 200, in clause (1), for the full-stop at the end a colon shall be
substituted and thereafter the following proviso shall be added, namely :-
"Provided that such consent, or consultation with the Chief Justice of the
High Courts, shall not be necessary if such transfer is for a period not
exceeding one year at a time. 13. Amendment of Article 204 of the Constitution. In the Constitution, in Article 204, for clauses (2) and (3) the following shall be substituted, namely :- "(2) A Court shall have the power to punish a person for contempt of Court in accordance with law". 14. Amendment of Article 206 of the Constitution.
In the Constitution, Article 206 shall be re-numbered as clause (1) of that Article and, after clause (1), re-numbered as aforesaid, the following new clause shall be added, namely:- "(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.
15. Amendment of Article 212 of the Constitution.
In the Constitution, in Article 2I2, in clause (2) after the word "Tribunal" occurring for the third time, the commas and words "other than an appeal pending before the Supreme Court," shall be inserted and shall be deemed always to have been so inserted.
16. Amendment of Article 260 of the Constitution.
In the Constitution, in Article 260, in the definition of "Service of Pakistan", after the word and comma "Attorney-General", the word and comma "Advocate-General," shall be inserted.
17. Amendment of Article 280 of the Constitution.
In the Constitution, in Article 280, after the word "made" at the end, the words and figures "and shall not be called in question in any Court on the ground of inconsistency with any of the rights conferred by Chapter I of Part II" shall be added and shall be deemed always to have been so added.
18. Amendment of the First Schedule to the Constitution.
In the Constitution, in the First Schedule, in Part I, - (a) under the sub-heading " II REGULATIONS", after entry 6, the following new entry shall be added, namely :- "7. The Settlement of Disputes of Immovable Property (Chitral)(Amendment) Regulation, 1976 (XII of 1976)." (b) under the sub-heading " III FEDERAL ACTS", after entry 2, the following new entries shall be added, namely :- "3. The Flour Milling Control and Development Act, 1976 (LVII of 1976). 4. The Rice Milling Control and Development Act, (LVIII of 1976). 5. The Cotton Ginning Control and Development Act, 1976 (LIX of 1976)."and (c) after the sub-heading "V PROVINCIAL ACT" and the entries relating thereto, the following new sub-heading and entry shall be added, namely :- VI. PROVINCIAL ORDINANCE The Land Reforms (Pat Feeder Canal) (Amendment) Ordinance, 1976." 19. Amendment of the Fourth Schedule to the Constitution. In the Constitution, in the Fourth Schedule,- (a) in the Federal Legislative List,- (i) in Part I, for entry 49 the following shall be substituted, namely:- "49. Taxes on the sales and purchases of goods imported, exported, produced, manufactured or consumed."; and (ii) in Part II, in entry 3, for the words "West Pakistan Water and Power Development Authority and the West Pakistan Industrial Development Corporation" shall be substituted; and (b) in the Concurrent Legislative List, for entry 41, the following shall be substituted, namely :- "41. Production, censorship and exhibition of cinematograph films."
Sixth Amendment:
CONSTITUTION (FIFTH AMENDMENT) ACT, 1976 An Act to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordinary, Part I, 16th September, 1976]
The following Act of Parliament received the assent of the President on 16th September,1976, and is hereby published for general information. Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing, It is hereby enacted as follows :- 1. Short title and commencement.
(1) This Act may be called the Constitution (Fifth Amendment) Act 1976.
(2) It shall come into force at once, except section 8 and section 13, which shall come into force on the first day of December 1976.
2. Amendment of Article 101 of the Constitution.
In the Constitution of the Islamic Republic of Pakistan hereinafter referred to as the Constitution, in Article 101, in clause (2), for the full-stop at the end a colon shall be substituted and thereafter the following proviso and new clause shall be added, namely:-
"Provided that, after the holding of the first general election to the National Assembly, a person shall not be appointed to be the Governor of the Province of which he is a permanent resident.
(2-A) Nothing contained in the proviso to clause (2) shall apply during the period that an Order under paragraph (c) of clause (2) of Article 232 or a Proclamation under Article 234 is in force."
3. Amendment of Article 160 of the Constitution.
In the Constitution, in Article 160, in clause (3), for paragraph (ii) the following shall be substituted namely :- "(ii) taxes on the sales and purchases of goods imported, exported, produced, manufactured or consumed.;"
4. Amendment of Article l75 of the Constitution.
In the Constitution, in Article 175 in clause (3), for the word "three" the word "five" shall be substituted.
5. Amendment of Article 179 of the Constitution.
In the Constitution, Article 179 shall be re-numbered as clause (1) of that Article and, after clause (1) re-numbered as aforesaid, the following new clauses shall be added, namely :-
"(2) The Chief Justice of the Supreme Court, whether appointed before or after the commencement of the Constitution (Fifth Amendment) Act, 1976, shall, unless he sooner attains the age of sixty-five years, hold office for a term of five years and shall thereafter have the option either :- (a) to retire from his office and receive the pension to which he would have been entitled if he had retired from office on attaining the age of sixty-five years; or (b) to assume the office of the most senior of the other Judges of the Supreme Court and to continue to receive the same salary which he was receiving while holding the office of Chief Justice. (3) When a Judge assumes the office of the most senior of the other Judges of the Supreme Court under clause (2), the Judge who was until then the most senior of the other Judges shall rank next after him in order of seniority. (4) A person who has once held office as Chief Justice of the Supreme Court, otherwise than under Article 180, shall not again be appointed to that office. (5) The provisions of clauses (2), (3) and (4) shall have effect notwithstanding anything contained in Article 275.
6.
Amendment of Article 180 of the Constitution.
7.
Amendment of Article 187 of the Constitution.
8.
Amendment of Article 192 of the Constitution.
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