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".
- 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 Seventeenth Amendment Act, 2003, section (2),
sub-section (1).
- 19B.
- Clauses (8) and (9) added by Seventeenth Amendment Act, 2003, section (2), sub-section (2).
- 20.
- See footnote 2.
- 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.
- See footnote 2.
- 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."
- 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".
- 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."
- 26.C.
- Substituted by the Constitution (Eight Amendment) Act, 1985,
section 2(d) for the words "one hundred" (with effect from November
9, 1985).
