THE CONSTITUTION OF PAKISTAN, PARTS I & II

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Lesson 8

THE CONSTITUTION OF PAKISTAN, PARTS I & II

This handout lists names of two relevant books, website addresses and a brief summary of the most recent

Constitutional Amendments. For the full text of the Constitution of Pakistan, 1973 as amended up to the 17th

Amendment in December, 2003, students are advised to use the website created by Advocate, Zain Sheikh

who has authored the book titled: "The Constitution of the Islamic Republic of Pakistan, 1973" published by

Pakistan Law House, GPO Box 90, Pakistan Chowk, Karachi 74200, Tel: 2212455, 2639558, e-mail:

pak_law_house@hotmail.com.

The website is: www.pakistanconstitution-law.com. Students are also advised to refer to the relevant sections

of the book which is already listed in the reading list for the first 9 lectures and which is particularly relevant

to this subject i.e. "Constitutional and Political History of Pakistan" by Hamid Khan, published by Ameena

Saiyid, Oxford University Press, Plot No.38, Sector 15, Korangi Industrial Area, Karachi 74900, 2005.

Website: www.oup.com.

Placed below is a summary of some of the more significant aspects of the amendments made through the

Legal Framework Order, 2002 and the 17th Constitutional Amendment, 2003, as amended from relevant

pages of the above book by Hamid Khan.

Legal Framework Order, (LFO) 2002 and the 17th Constitutional Amendment

The LFO in August 2002 amended/added 29 Articles of / to the Constitution. The 17th Amendment in

December 2003 amended/added 20 Articles out of the above 29 Articles. The other 9 were

dropped/deleted/amended.

Political parties are required to hold intra-party elections to elect their office bearers and party

leaders. It has also been provided that no political party should promote sectarian, ethnic, regional

hatred or animosity.

ii)

General Pervez Musharraf would relinquish the office of Chief Executive on such day that might be

determined in accordance with the Supreme Court judgment in Zafar Ali Shah's case. However, he

would hold office of the President of Pakistan for a term of five years from the day he assume such

office (note: General Pervez Musharraf obtained a vote of confidence from Parliament and the

Provincial assemblies on 1st January 2004).

iii)

The seats in the National Assembly were increased to 342 with 60 seats reserved for women and 10

seats reserved for non Muslims. The number of seats in the Provincial Assemblies wee also raised.

In Balochistan, the number of seats were raised to 65 (11 seats reserved for women and 3 for non-

Muslims); in NWFP, seats were raised to 144 (22 seats reserved for women and three for non

Muslims); in the Punjab, seats were raised to 371 (66 seats reserved for women and 8 seats for non

Muslims); and in Sindh, seats were increased to 168 (29 seats reserved for women and 9 seats for non

Muslims). The seats in the Senate were increased from 87 to 100 with 16 seats reserved for women

i.e. 4 from each province.

iv)

Article 58 which deals with various conditions in which the National Assembly may be dissolved was

given an additional sub-clause i.e. Article 58(3). As per this new sub-clause, when the President

dissolves the National Assembly at his own discretion, he is now required to refer the dissolution to

the Supreme Court which, in turn, is required to decide the validity of the dissolution within 30 days

and the decision of the Supreme Court on this matter shall be final.

New disqualifications were added to Article 63 which include: persons convicted and sentenced to

imprisonment as absconders; defaulters in the payment of loans from banks or cooperative societies

amounting to Rs.2 million or more; defaulters in the payment of government dues and utility bills

etc.

Article 63A, added by the 14th Amendment, was drastically changed and the anti-defection clause

vi)

would only be applicable to a member of a political party who votes against the direction of his

parliamentary party in relation to election of the Prime Minister or the Chief Minister; or in a vote of

confidence or no-confidence; or a money bill.

vii)

In case of difference of opinion between the two Houses of Parliament on a Bill, it would be referred

to a mediation committee consisting of 16 members, 8 members from each House of Parliament.

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viii)

Whenever the Money Bill would originate (be passed) in the National Assembly, its copy would be

transmitted to the Senate which may make its own recommendations on the Bill to the National

Assembly within seven days. However, the National Assembly can pass the Money Bill with or

without incorporating the recommendations of the Senate.

ix)

Where a Bill is passed by both the Houses of Parliament for assent, the President may return the Bill

to Parliament for reconsideration. However, the Bill can only be passed with or without amendments

by Parliament after going through the process of consideration of the matter by the Mediation

Committee of Parliament.

A Governor of a Province will be appointed by the President after consultation with the Prime

Minister.

Article 112 (2)(b), deleted by the 13th Constitutional Amendment, was revived, thus, conferring

xi)

discretionary powers on a Governor to dissolve a Provincial Assembly at his discretion, subject to

the previous approval of the President.

xii)

Article 140A has been added so as to confer Constitutional status to the local government system.

xiii)

Article 209 has been modified conferring power in the Supreme Judicial Council to enquire into the

matter of misconduct of judges on its own motion.

xiv)

The Election Commission of Pakistan has been enlarged by including four judges of the High

Courts, one from each Province.

xv)

Article 270AA has been added validating all the laws made during the period of suspension of the

Constitution and actions taken there under.

xvi)

Article 270B has been added declaring that the elections held in October 2002 would be deemed to

have been held under the Constitution.

xvii)

Article 270C has been added declaring that all the judges who had taken oath under the Oath of

Office of Judges Order 2000 would be deemed to have been appointed under the Constitution.

Similarly those who had not taken oath under the said Order would be deemed to have ceased to

continue as judges.

xviii)

Schedule VI was amended and a number of laws were added to the list of laws that could not be

altered, repealed or amended without previous sanction of the President. These laws include State

Bank of Pakistan Act, National Accountability Bureau Ordinance, Election Commission Order 2002;

Conduct of General Elections Order 2002; Political Parties Order 2002, the Police Order 2002 and

all the four Local Government Ordinances for the four provinces, passed in 2001.

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