The Constitution of Pakistan on pakistani.org
Go to:

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).

The Constitution of Pakistan on pakistani.org
Go to: