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PART XII (contd)

Miscellaneous

Chapter 2. Armed Forces

243. Command of Armed Forces.
(1) The Federal Government shall have control and command of the Armed Forces.

[258A] [(1A) Without prejudice to the generality of the foregoing provision, the Supreme Command of the Armed Forces shall vest in the President.]

(2) The President shall, subject to law, have power-
(a) to raise and maintain the Military, Naval and Air Forces of Pakistan; and the Reserves of such Forces; [258B] [and]
(b) to grant Commissions in such Forces [258C] [.]
[258D]
[258E]
[(3) The President shall, [258F] [in consultation with the Prime Minister], appoint-
(a) the Chairman, Joint Chiefs of Staff Committee;
(b) the Chief of the Army Staff;
(c) the Chief of the Naval Staff; and
(d) the Chief of the Air Staff,
and shall also determine their salaries and allowances.]

244. Oath of Armed Forces.
Every member of the Armed Forces shall make oath in the form set out in the Third Schedule.

245. Functions of Armed Forces.
[259] [(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.

[259A] (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.]

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