The Constitution of Pakistan on pakistani.org
Notes for Part III, Chapter 1
- 18.
- Substituted by P.O.No.14 of 1985, Art.2 and Sch.item 6,for
clause (3) (with effect from March 2, 1985) which read:
- "(3) The President shall be elected by the members of Parliament
in joint sitting in accordance with the provisions of the Second
Schedule".
- 18A.
- The words "to be elected after the expiration of the term specified in clause (7)" omitted by the Constitution (Eighteenth Amendment) Act, 2010, Article 13(i).
- 18B.
- Clauses (7), (8) and (9) as follows omitted by the Constitution (Eighteenth Amendment) Act, 2010, Article 13(ii):
-
[19][(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.
[19A][Provided
that paragraph (d) of clause (1) of Article 63 shall become
operative on and from the 31st day of December, 2004.]
-
[19B]
- [(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.]
- 19.
- Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Sched. item (2) for clause (7) which read:
(7) Notwithstanding anything contained in this Article or Article 43, or any other Article of the Constitution or any other law, General Mohammad Zia-ul-Haq, in consequence of the result of the referendum held on the nineteenth day of December 1984, shall become the President of Pakistan on the day of the first meeting of Majlis-e-Shoora (Parliament) in joint sitting summoned after the elections to the Houses of Majlis-e-Shoora (Parliament) and shall hold office for a term of five years from that day; and Article 44 and other provisions of the Constitution shall apply accordingly.
This replaced clause was added by P.O.No.14 of 1985, Art, 2 and Sch.item 6 (with effect
from March 2, 1985).
- 19A.
- Proviso added by Constitution (Seventeenth Amendment) Act, 2003, section (2),
sub-section (1).
- 19B.
- Clauses (8) and (9) added by Constitution (Seventeenth Amendment) Act, 2003, section (2), sub-section (2).
- 20.
- The words "Majlis-e-Shoora (Parliament)" were substituted for the word "Parliament" by the Revival of the Constitution of 1973 Order, 1985 (P.O.No.14 of 1985) Art 2 and Sch item 1.
- 20A.
- Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 14) for Article 46, which read as follows:
-
[21]
- [46.
Duties of Prime Minister in relation to President.
- It shall be the duty of the Prime Minister:
- (a) to communicate to the President all decisions of the
Cabinet relating to the administration of the affairs of the
Federation and proposals for legislation;
- (b) to furnish such information relating to the administration
of the affairs of the Federation and proposals for legislation as
the President may call for; and
- (c) if the President so requires, to submit for the
consideration of the Cabinet any matter on which a decision has
been taken by the Prime Minister or a Minister but which has not
been considered by the Cabinet.]
- 21.
- Substituted by P.O.No.14 of 1985, Art. 2 and Sch.item 7, (with
effect from March 2,1985), for Article 46 which read as follows:
- "46.
- The Prime Minister shall keep the President informed on
matters of internal and foreign policy and on all legislative
proposals the Federal Government intends to bring before
Parliament.
- 22.
- Inserted by P.O.No.14 of 1985, Art. 2 and Sch.item 8(1) (with
effect from March 2, 1985).
- 22A.
- Clauses (1) and (2) substituted by P.O.No.14 of 1985, Art. 2 and Sch.item 8(2), (with
effect from March 2,1985), for clauses (1) and (2) which read as follows:
- (1) Notwithstanding anything contained in the Constitution, the
President may be removed from office in accordance with the
provisions of this Article on the ground of physical or mental
incapacity or 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 the President; and such notice shall
set out the particulars of his incapacity or of the charge against
him."
- 23.
- The words "Majlis-e-Shoora (Parliament)" were substituted for the word "Parliament" by the Revival of the Constitution of 1973 Order, 1985 (P.O.No.14 of 1985) Art 2 and Sch item 1.
- 24.
- Substituted by P.O.No.14 of 1985, Art. 2 and Sch.item 9 (with
effect from March 2, 1985), for:
- "48.
- (1)In the performance of his functions, the President shall act
on and in accordance with the advice of the Prime Minister and such
advice shall be binding on him.
- (2)The question whether any, and if so what, advice was
tendered to the President by the Prime Minister shall not be
inquired into in any court.
- (3)Save as otherwise provided in any rules made under Article
99, the orders of the President shall require for their validity
the counter-signature of the Prime Minister."
- 24A.
- Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 15(i)(a)).
- 25.
- Substituted by the Constitution(Eighth Amendment) Act, 1985
section 2 (a) (i) for the words "the Prime Minister or appropriate
Minister"(with effect from November 9, 1985).
- 26.
- Substituted by the Constitution (Eighth Amendment) Act, 1985,
section 2(a) (ii) (with effect from November 9,1985), for:
- "Provided that the President may require the Cabinet to
reconsider or consider such advice, as the case may be either
generally or otherwise, and the President shall act in accordance
with the advice tendered after such reconsideration or
consideration".
- 26AA.
- Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 15(i)(b)).
- 26AB.
- Inserted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 15(i)(b)).
- 26.A.
- Inserted by the Constitution (Eighth Amendment) Act, 1985,
section 2(b) (with effect from November 9,1985).
- 26.B.
- Clause (3) omitted by the Constitution (Eighth Amendment) Act, 1985,
section 2(c) (with effect from November 9,1985). Clause (3) originally read:
- "(3) If any question arises whether any matter is or is not a
matter in respect of which the President is by the Constitution
empowered to act in his discretion, the decision of the President
in his discretion shall be final, and the validity of anything done
by the President shall not be called in question on the ground that
he ought or ought not to have acted in his discretion."
- 26CA.
- Clause (5) substituted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 15(ii)) for the following:
- (5) Where the President dissolves the National Assembly, he
shall, in his discretion,:
- (a) appoint a date, not later than [26C] [ninety] days from the
date of the dissolution, for the holding of a general election to
the Assembly; and
- (b) appoint a care-taker Cabinet.
- 26CB.
- Clause (6) substituted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 15(iii)) for the following:
- (6) If, at any time, the President, in his discretion, or on
the advice of the Prime Minister, considers that it is desirable
that any matter of national importance should be referred to a
referendum, the President may cause the matter to be referred to a
referendum in the form of a question that is capable of being
answered either by "Yes" or "No".
- 26.C.
- Substituted by the Constitution (Eighth Amendment) Act, 1985,
section 2(d) for the words "one hundred" (with effect from November
9, 1985).
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