Nothing Special   »   [go: up one dir, main page]

Important Articles of The Constitution

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 16

Aristotle says, CONSTITUTION is the way of life State has chosen for herself.

ARTICLE 1, 1973…

The Republic and its territories


(1) Pakistan shall be a Federal Republic to be known as the Islamic Republic of Pakistan,
hereinafter referred to as Pakistan.
(2) The territories of Pakistan shall comprise :-
(a) the Provinces of Baluchistan, the North-West Frontier, the Punjab and Sind;
(b) the Islamabad Capital Territory, hereinafter referred to as the Federal Capital;
(c) Federally Administered Tribal Areas; and
(d) such States and territories as are or may be included in Pakistan, whether by accession or
otherwise.
(3) Majlis-e-Shoora (Parliament) may by law admit into the Federation new States or areas on
such terms and conditions as it thinks fit.
Article 257. Provision relating to the State of Jammu and Kashmir.
When the people of the State of Jammu and Kashmir decide to accede to Pakistan, the
relationship between Pakistan and the State shall be determined in accordance with the wishes
of the people of that State.
Part-2 CHAPTER 1 - FUNDAMENTAL RIGHTS (Article 8-28)
8. Laws inconsistent with or in derogation of fundamental rights to be void.

(1) Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights
conferred by this Chapter, shall, to the extent of such inconsistency, be void.

(2) The State shall not make any law which takes away or abridges the rights so conferred and any law
made in contravention of this clause shall, to the extent of such contravention, be void.

(3) The provisions of this Article shall not apply to :-

(a) any law relating to members of the Armed Forces, or of the police or of such other forces as are
charged with the maintenance of public order, for the purpose of ensuring the proper discharge of their
duties or the maintenance of discipline among them; or

(b) any of the

(i) laws specified in the First Schedule as in force immediately before the commencing day or as
amended by any of the laws specified in that Schedule;

(ii) other laws specified in Part I of the First Schedule;


and no such law nor any provision thereof shall be void on the ground that such law or provision is
inconsistent with, or repugnant to, any provision of this Chapter.

(4) Notwithstanding anything contained in paragraph (b) of clause (3), within a period of two years from
the commencing day, the appropriate Legislature shall bring the laws specified in 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.

No person shall be deprived of life or liberty save in accordance with law.

10. Safeguards as to arrest and detention.

(1) No person who is arrested shall be detained in custody without being informed, as soon as may be,
of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal
practitioner of his choice.

(2) Every person who is arrested and detained in custody shall be produced before a magistrate within a
period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place
of arrest to the court of the nearest magistrate, and no such person shall be detained in custody beyond
the said period without the authority of a magistrate.

(3) Nothing in clauses (1) and (2) shall apply to any person who is arrested or detained under any law
providing for preventive detention.

(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,

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

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

(5) When any person is detained in pursuance of an order made under any law providing for preventive
detention, the authority making the order shall, [11][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.

11. Slavery, forced labour, etc. prohibited.

(1) Slavery is non-existent and forbidden and no law shall permit or facilitate its introduction into
Pakistan in any form.

(2) All forms of forced labour and traffic in human beings are prohibited.

(3) No child below the age of fourteen years shall be engaged in any factory or mine or any other
hazardous employment.

(4) Nothing in this Article shall be deemed to affect compulsory service:-

(a) by any person undergoing punishment for an offence against any law; or

(b) required by any law for public purpose provided that no compulsory service shall be of a cruel nature
or incompatible with human dignity.
12. Protection against retrospective punishment.

(1) No law shall authorize the punishment of a person:-

(a) for an act or omission that was not punishable by law at the time of the act or omission; or

(b) for an offence by a penalty greater than, or of a kind different from, the penalty prescribed by law for
that offence at the time the offence was committed.

(2) Nothing in clause (1) or in Article 270 shall apply to any law making acts of abrogation or subversion
of a Constitution in force in Pakistan at any time since the twenty-third day of March, one thousand nine
hundred and fifty-six, an offence.

13. Protection against double punishment and self incrimination.

No person:-

(a) shall be prosecuted or punished for the same offence more than once; or

(b) shall, when accused of an offence, be compelled to be a witness against himself.

14. Inviolability of dignity of man, etc.

(1) The dignity of man and, subject to law, the privacy of home, shall be inviolable.

(2) No person shall be subjected to torture for the purpose of extracting evidence.

15. Freedom of movement, etc.

Every citizen shall have the right to remain in, and, subject to any reasonable restriction imposed by law
in the public interest, enter and move freely throughout Pakistan and to reside and settle in any part
thereof.

16. Freedom of assembly.

Every citizen shall have the right to assemble peacefully and without arms, subject to any reasonable
restrictions imposed by law in the interest of public order.

17. Freedom of association.

(1) Every citizen shall have the right to form associations or unions, subject to any reasonable
restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or
morality.

(2) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a
political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or
integrity of Pakistan or public order 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 or public order, 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.

Provided that no political party shall promote sectarian, ethnic, regional hatred or animosity, or be titled
or constituted as a militant group or section.
(3) Every political party shall account for the source of its funds in accordance with law.

(4) Every political party shall, subject to law, hold intra-party elections to elect its office-bearers and
party leaders.

18. Freedom of trade, business or profession.

Subject to such qualifications, if any, as may be prescribed by law, every citizen shall have the right to
enter upon any lawful profession or occupation, and to conduct any lawful trade or business:

Provided that nothing in this Article shall prevent:-

(a) the regulation of any trade or profession by a licensing system; or

(b) the regulation of trade, commerce or industry in the interest of free competition therein; or

(c) the carrying on, by the Federal Government or a Provincial Government, or by a corporation
controlled by any such Government, of any trade, business, industry or service, to the exclusion,
complete or partial, of other persons.

19. Freedom of speech, etc.

Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the
press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the
integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public
order, decency or morality, or in relation to contempt of court, commission of or incitement to an
offence.

20. Freedom to profess religion and to manage religious institutions.

Subject to law, public order and morality:-

(a) every citizen shall have the right to profess, practise and propagate his religion; and

(b) every religious denomination and every sect thereof shall have the right to establish, maintain and
manage its religious institutions.

21. Safeguard against taxation for purposes of any particular religion.

No person shall be compelled to pay any special tax the proceeds of which are to be spent on the
propagation or maintenance of any religion other than his own.

22. Safeguards as to educational institutions in respect of religion, etc.

(1) No person attending any educational institution shall be required to receive religious instruction, or
take part in any religious ceremony, or attend religious worship, if such instruction, ceremony or
worship relates to a religion other than his own.

(2) In respect of any religious institution, there shall be no discrimination against any community in the
granting of exemption or concession in relation to taxation.

(3) Subject to law:


(a) no religious community or denomination shall be prevented from providing religious instruction for
pupils of that community or denomination in any educational institution maintained wholly by that
community or denomination; and

(b) no citizen shall be denied admission to any educational institution receiving aid from public revenues
on the ground only of race, religion, caste or place of birth.

(4) Nothing in this Article shall prevent any public authority from making provision for the advancement
of any socially or educationally backward class of citizens.

23. Provision as to property.

Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan, subject
to the Constitution and any reasonable restrictions imposed by law in the public interest.

24. Protection of property rights.

(1) No person shall be compulsorily deprived of his property save in accordance with law.

(2) No property shall be compulsorily acquired or taken possession of save for a public purpose, and
save by the authority of law which provides for compensation therefore and either fixes the amount of
compensation or specifies the principles on and the manner in which compensation is to be determined
and given.

(3) Nothing in this Article shall affect the validity of :-

(a) any law permitting the compulsory acquisition or taking possession of any property for preventing
danger to life, property or public health; or

(b) any law permitting the taking over of any property which has been acquired by, or come into the
possession of, any person by any unfair means, or in any manner, contrary to law; or

(c) any law relating to the acquisition, administration or disposal of any property which is or is deemed
to be enemy property or evacuee property under any law (not being property which has ceased to be
evacuee property under any law); or

(d) any law providing for the taking over of the management of any property by the State for a limited
period, either in the public interest or in order to secure the proper management of the property, or for
the benefit of its owner; or

(e) any law providing for the acquisition of any class of property for the purpose of

(i) providing education and medical aid to all or any specified class of citizens or

(ii) providing housing and public facilities and services such as roads, water supply, sewerage, gas and
electric power to all or any specified class of citizens; or

(iii) providing maintenance to those who, on account of unemployment, sickness, infirmity or old age,
are unable to maintain themselves ; or

(f) any existing law or any law made in pursuance of Article 253.
(4) The adequacy or otherwise of any compensation provided for by any such law as is referred to in this
Article, or determined in pursuance thereof, shall not be called in question in any court.

25. Equality of citizens.

(1) All citizens are equal before law and are entitled to equal protection of law.

(2) There shall be no discrimination on the basis of sex alone.

(3) Nothing in this Article shall prevent the State from making any special provision for the protection of
women and children.

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

(1) In respect of access to places of public entertainment or resort not intended for religious purposes
only, there shall be no discrimination against any citizen on the ground only of race, religion, caste, sex,
residence or place of birth.

(2) Nothing in clause (1) shall prevent the State from making any special provision for women and
children.

27. Safeguard against discrimination in services.

(1) No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated
against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or
place of birth.

Provided that, for a period not exceeding [16][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.

(2) Nothing in clause (1) shall prevent any Provincial Government, or any local or other authority in a
Province, from prescribing, in relation to any post or class of service under that Government or
authority, conditions as to residence in the Province. for a period not exceeding three years, prior to
appointment under that Government or authority.

28. Preservation of language, script and culture.

Subject to Article 251 any section of citizens having a distinct language, script or culture shall have the
right to preserve and promote the same and subject to law, establish institutions for that purpose.

Article 41. The President.


(1) There shall be a President of Pakistan who shall be the Head of State and shall represent the
unity of the Republic.
(2) A person shall not be qualified for election as President unless he is a Muslim of not less
than forty-five years of age and is qualified to be elected as member of the National Assembly.
(3) The President to be elected after the expiration of the term specified in clause ( 7) shall be
elected in accordance with the provisions of the Second Schedule by the members of an
electoral college consisting of:
(a) the members of both Houses; and
(b) the members of the Provincial Assemblies.
(4) Election to the office of President shall be held not earlier than sixty days and not later than
thirty days before the expiration of the term of the President in office;
Provided that, if the election cannot be held within the period aforesaid because the National
Assembly is dissolved, it shall be held within thirty days of the general election to the Assembly.
(5) An election to fill a vacancy in the office of President shall be held not later than thirty days
from the occurrence of the vacancy:
Provided that, if the election cannot be held within the period aforesaid because the National
Assembly is dissolved, it shall be held within thirty days of the general election to the Assembly.
(6) The validity of the election of the President shall not be called in question by or before any
court or other authority.
(7) The Chief Executive of the Islamic Republic of Pakistan-
(a) shall relinquish the office of Chief Executive on such day as he may determine in accordance
with the judgement of the Supreme Court of Pakistan of the 12th May, 2000; and
(b) having received the democratic mandate to serve the nation as President of Pakistan for a
period of five years shall, on relinquishing the office of the Chief Executive, notwithstanding
anything contained in this Article or Article 43 or any other provision of the Constitution or any
other law for the time being in force, assume the office of President of Pakistan forthwith and
shall hold office for a term of five years under the Constitution, and Article 44 and other
provisions of the Constitution shall apply accordingly.
Provided that paragraph (d) of clause (1) of Article 63 shall become operative on and from the
31st day of December, 2004.
(8) Without prejudice to the provisions of clause (7), any member or members of a House of
Majlis-e-Shoora (Parliament) or of a Provincial Assembly, individually or jointly, may, not later
than thirty days from the commencement of the Constitution (Seventeenth Amendment) Act,
2003, move a resolution for vote of confidence for further affirmation of the President in office
by majority of the members present and voting, by division or any other method as prescribed
in the rules made by the Federal Government under clause (9), of the electoral college
consisting of members of both Houses of Majlis-e-Shoora (Parliament) and the Provincial
Assemblies, in a special session of each House of Majlis-e-Shoora (Parliament) and of each
Provincial Assembly summoned for the purpose, and the vote of confidence having been
passed, the President, notwithstanding anything contained in the Constitution or judgment of
any court, shall be deemed to be elected to hold office for a term of five years under the
Constitution, and the same shall not be called in question in any court or forum on any ground
whatsoever.
(9) Notwithstanding anything contained in the Constitution or any other law for the time being
in force, the proceedings for the vote of confidence referred to in clause (8) shall be regulated
and conducted by the Chief Election Commissioner in accordance with such procedure and the
votes shall be counted in such manner as may be prescribed by the rules framed by the Federal
Government:-
Provided that clauses (8) and (9) shall be valid only for the forthcoming vote of confidence for
the current term of the President in office.

Article: 45. President's power to grant pardon, etc. (Judicial power of the president)
The President shall have power to grant pardon, reprieve and respite, and to remit, suspend or
commute any sentence passed by any court, tribunal or other authority.

Article 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) The Speaker shall summon the two Houses to meet in a joint sitting not earlier than seven
days and not later than fourteen days after the receipt of the notice by him.
(6) The joint sitting may investigate or cause to be investigated the ground or the charge upon
which the notice is founded.
(7) The President shall have the right to appear and be represented during the investigation, if
any, and before the joint sitting.
(8) If, after consideration of the result of the investigation, if any, a resolution is passed at the
joint sitting by the votes of not less than two-thirds of the total membership of 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.

Article 50. Majlis-e-Shoora (Parliament)


There shall be a Majlis-e-Shoora (Parliament) of Pakistan consisting of the President and two
Houses to be known respectively as the National Assembly and the Senate.

Article: 59. The Senate


(1) The Senate shall consist of one-hundred members, of whom,-
(a) fourteen shall be elected by the members of each Provincial Assembly;
(b) eight shall be elected from the Federally Administered Tribal Areas, in such manner as the
President may, by Order, prescribe;
(c) two on general seats, and one woman and one technocrat including aalim shall be elected
from the Federal Capital in such manner as the President may, by Order, prescribe;
(d) four women shall be elected by the members of each Provincial Assembly;
(e) four technocrats including ulema shall be elected by the members of each Provincial
Assembly.
(2) Election to fill seats in the Senate allocated to each Province shall be held in accordance with
the system of proportional representation by means of the single transferable vote.
(3) The Senate shall not be subject to dissolution but the term of its members, who shall retire
as follows, shall be six years:-
(a) of the members referred to in paragraph (a) of clause (1), seven shall retire after the
expiration of the first three years and seven shall retire after the expiration of the next three
years.
(b) of the members referred to in paragraph (b) of the aforesaid clause, four shall retire after
the expiration of the first three years and four shall retire after the expiration of the next three
years;
(c) of the members referred to in paragraph (c) of the aforesaid clause,-
(i) one elected on general seat shall retire after the expiration of the first three years and the
other one shall retire after the expiration of the next three years, and
(ii) one elected on the seat reserved for technocrat shall retire after first three years and the
one elected on the seat reserved for woman shall retire after the expiration of the next three
years;
(d) of the members referred to in paragraph (d) of the aforesaid clause, two shall retire after
the expiration of the three years and two shall retire after the expiration of the next three
years; and
(e) of the members referred to in paragraph (e) of the aforesaid clause, two shall retire after
the expiration of the first three years and two shall retire after the expiration of the next three
years:
Provided that the term of office of a person elected to fill a casual vacancy shall be the
unexpired term of the member whose vacancy he has filled.

Article 62. Qualifications for membership of Majlis-e-Shoora (Parliament).


A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora
(Parliament) unless :-
(a) he is a citizen of Pakistan;
(b) he is, in the case of the National Assembly, not less than twenty -five years of age and is
enrolled as a voter in any electoral roll in-
(i) any part of Pakistan, for election to a general seat or a seat reserved for non-Muslims; and
(ii) any area in a Province from which he seeks membership for election to a seat reserved for
women.
(c) he is, in the case of Senate, not less than thirty years of age and is enrolled as a voter in any
area in a Province or, as the case may be, the Federal Capital or the Federally Administered
Tribal Areas, from where he seeks membership;
(d) he is of good character and is not commonly known as one who violates Islamic Injunctions;
(e) he has adequate knowledge of Islamic teachings and practises obligatory duties prescribed
by Islam as well as abstains from major sins ;
(f) he is sagacious, righteous and non-profligate and honest and ameen;
(g) he has not been convicted for a crime involving moral turpitude or for giving false evidence;
(h) he has not, after the establishment of Pakistan, worked against the integrity of the country
or opposed the Ideology of Pakistan
Provided that the disqualifications specified in paragraphs (d) and (e) shall not apply to a person
who is a non-Muslim, but such a person shall have good moral reputation; and
(i) he possesses such other qualifications as may be prescribed by Act of Majlis-e-
Shoora (Parliament).

Ordinances
Article: 89. Power of President to promulgate Ordinances.
(1) The President may, except when the National Assembly is in session, if satisfied that
circumstances exist which render it necessary to take immediate action, make and promulgate
an Ordinance- as the circumstances may require.
(2) An Ordinance promulgated under this Article shall have the same force and effect as an Act
of Majlis-e-Shoora (Parliament) and shall be subject to like restrictions as the power of Majlis-e-
Shoora (Parliament) to make law, but every such Ordinance-
(a) shall be laid-
(i) before the National Assembly if it contains provisions dealing with all or any of the matters
specified in clause (2) of Article 73, and shall stand repealed at the expiration of four months
from its promulgation or, if before the expiration of that period -a resolution disapproving it is
passed by the Assembly, upon the passing of that resolution;
(ii) before both Houses if it does not contain provisions dealing with any of the matters referred
to in sub-paragraph (i), and shall stand repealed at the expiration of four months from its
promulgation or, if before the expiration of that period a resolution disapproving it is passed by
either House, upon the passing of that resolution; and
(b) may be withdrawn at any time by the President.
(3) Without prejudice to the provisions of clause (2) an Ordinance laid before the National
Assembly, shall be deemed to be a Bill introduced in the National Assembly.

Article 91. The Cabinet.


(1) There shall be a Cabinet of Ministers, with the Prime Minister at its head, to aid and advise
the President in the exercise of his functions.
(2) The President shall in his discretion appoint from amongst the members of the National
Assembly a Prime Minister who, in his opinion, is most likely to command the confidence of the
majority of the members of the National Assembly.
(2A) Notwithstanding any-thing contained in clause (2), after the twentieth day of March, one
thousand nine hundred and ninety, the President shall invite the member of the National
Assembly to be the Prime Minister who commands the confidence of the majority of the
members of the National Assembly, as ascertained in a session of the Assembly summoned for
the purpose in accordance with the provisions of the Constitution.
(3) The person appointed under clause (2) or as the case may be, invited under clause (2A) shall,
before entering upon the office, make before the President oath in the form set out in the Third
Schedule and shall within a period of sixty days thereof obtain a vote of confidence from the
National Assembly.
(4) The Cabinet, together with the Ministers of State, shall be collectively responsible to the
National Assembly.
(5) 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.
(6) The Prime Minister may, by writing under his hand addressed to the President, resign his
office.
(7) 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 a member of the
Senate.
(8) 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 as Minister of State during any such period.

Article 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 offce.

Article 184: Original Jurisdiction of Supreme Court.


(1) The Supreme Court shall, to the exclusion of every other court, have original jurisdiction in
any dispute between any two or more Governments.
Explanation.-In this clause, "Governments" means the Federal Government and the Provincial
Governments.
(2) In the exercise of the jurisdiction conferred on it by clause (1), the Supreme Court shall
pronounce declaratory judgments 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 I of Part II is involved have the power to make an
order of the nature mentioned in the said Article.

Article 185: Appellate Jurisdiction of Supreme Court.


(1) Subject to this Article, the Supreme Court shall have jurisdiction to hear and determine
appeals from judgments, decrees, final orders or sentences. (2) An appeal shall lie to the
Supreme Court from any judgment, decree, final order or sentence
(a) if the High Court has on appeal reversed an order of acquittal of an accused person and
sentenced him to death or to transportation for life or imprisonment for life; or, on revision,
has enhanced a sentence to a sentence as aforesaid; or
(b) if the High Court has withdrawn for trial before itself any case from any court subordinate to
it and has in such trial convicted the accused person and sentenced him as aforesaid; or
(c) if the High Court has imposed any punishment on any person for contempt of the High
Court; or
(d) if the amount or value of the subject matter of the dispute in the court of first instance was,
and also in dispute in appeal is, not less than fifty thousand rupees or such other sum as may be
specified in that behalf by Act of [166] [Majlis-e-Shoora(Parliament)] and the judgment, decree
or final order appealed from has varied or set aside the judgment, decree or final order of the
court immediately below; or
(e) if the judgment, decree or final order involves directly or indirectly some claim or question
respecting property of the like amount or value and the judgment, decree or final order
appealed from has varied or set aside the judgment, decree or final order of the court
immediately below; or
(f) if the High Court certifies that the case involves a substantial question of law as to the
interpretation of the Constitution.
(3) An appeal to the Supreme Court from a judgment, decree, order or sentence of a High Court
in a case to which clause (2) does not apply shall lie only if the Supreme Court grants leave to
appeal.

Article 186: Advisory Jurisdiction.


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

Article 203C: The Federal Shariat Court.


(1) There shall be constituted for the purposes of this Chapter a court to be called the Federal
Shariat Court.
(2) The Court shall consist of not more than eight Muslim Judges, including the Chief Justice, to
be appointed by the President.
(3) The Chief Justice shall be a person who is, or has been, or is qualified, to be, a Judge of the
Supreme Court or who is or has been a permanent Judge of a High Court.
(3A) Of the Judges not more than four shall be persons each one of whom is, or has been, or is
qualified to be, a Judge of a High Court and not more than three shall be ulema who are well-
versed in Islamic law.
(4) 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 for a period
exceeding two years 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.
(4A) 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.
(4B) The President may, at any time, by order in writing,
(a) modify the term of appointment of a Judge;
(b) assign to a Judge any other office; and
(c) require a Judge to perform such other functions as the President may deem fit; and pass
such other order as he may consider appropriate.
Explanation: In this clause and clause (4C), "Judge" includes Chief Justice.
(4C) While he is performing the functions which he is required under clause (4B) to perform or
holding any other office assigned to him under that clause, a Judge shall be entitled to the same
salary, allowances and privileges as are admissible to the Chief Justice or, as the case may be,
Judge of the Court.
(5) A Judge of a High Court who does not accept appointment as a Judge 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.
(6) The Principal seat of the Court shall be at Islamabad, but 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.
(7) 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.
(8) 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.
(9) A Chief Justice who is not a Judge of the Supreme Court shall be entitled to the same
remuneration, allowances and privileges as are admissible to a Judge of the Supreme Court and
a Judge who is not a Judge of a High Court shall be entitled to the same remuneration,
allowances and privileges as are admissible to a Judge of a High Court:
Provided that where a Judge is already drawing a pension for any other post in the service of
Pakistan, the amount of such pension shall be deducted from the pension admissible under this
clause.