(1) The National Assembly shall consist of two hundred and seven Muslim members to be elected by direct and free vote in accordance with law.
wherein the words "two hundred and seven Muslim" were substituted by P.O.No.14 of 1985, Art. 2 and Sch.item 11(1) for "two hundred members" (with effect from March 2, 1985).
Christians. 4 Hindus and persons belonging to the scheduled casts. 4 Sikh, Buddhist and Parsi communities and other non-Muslims. 1 Persons belonging to the Quadiani group or the Lahori group (who call themselves Ahmadis) 1
which was substituted by P.O. 14 of 1985, Art 2 and Sch. item 11(3) (with effect from March 2, 1985) for clause (2A) inserted by the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), section 5 (with effect from November 21, 1975) which read:
(4) Until the expiration of a period of ten years from the commencing day or the holding of the [34A][third] general election to the National Assembly, whichever occurs later, [35][twenty seats] in addition to the number of seats referred to in clause (1) shall be reserved for women and allocated to the Provinces in accordance with the Constitution and law .
Provided that a political party securing less than five per centum of the total number of seats in the National Assembly shall not be entitled to any seat reserved for women or non-Muslims.
(1) The Senate shall consist of [50A][eighty-seven] members, of whom,:
- (a) fourteen shall be elected by the members of each Provincial Assembly;
- (b) [51][eight] shall be elected by the members from the Federally Administered Tribal Areas in the National Assembly; [52] * * *
- (c) [53][three] shall be [54][elected] from the Federal Capital in such manner as the President may, by Order, prescribe [54A][; and]
- [55][(d) five shall be elected by the members of each Provincial Assembly to represent ulema, technocrats and other professionals.]
(c) of the members referred to in paragraph (c) of the aforesaid clause, one shall retire after the expiration of the first three years and two shall retire after the expiration of the next three years; and
(d) of the members referred to in paragraph (d) of the aforesaid clause, two shall retire after the expiration of the first three years and three shall retire after the expiration of the next three years;
(b) he is, in the case of National Assembly, not less than twenty-five years of age and is enrolled as a voter in any electoral roll for election to a Muslim seat or a non-Muslim seat as the case may be in that Assembly;
(p) he is for the time being disqualified from being elected or chosen as a member of the Majlis-e-Shoora (Parliament) or of a Provincial Assembly under any law for the time being in force.
(2) If any question arises whether a member of the Majlis-e-Shoora (Parliament) has become disqualified from being a member, the Speaker or, as the case may be, the Chairman shall refer the question to the Chief Election Commissioner and, if the Chief Election Commissioner is of the opinion that the member has become disqualified, he shall cease to be a member and his seat shall become vacant.
63A. Disqualification on ground of defection, etc.---
- (1)
- If a member of a Parliamentary Party defects, he may be means of a notice in writing addressed to him by the Head of the Political Party or such other person as may be authorized in this behalf by the Head of the Political Party, be called upon the show cause, within not more than seven days of such a notice, as to why a Declaration under clause (2) should not be made against him. If a notice is issued under this clause, the Presiding Officer of the concerned House shall be informed accordingly.
- Explanation: A member of a House shall be deemed to defect from a political party if he, having been elected as such, as a candidate or nominee of a political party: or under a symbol of political party or having been elected otherwise than as a candidate or nominee of a political party, and having become a member of a political party after such election by means of a declaration in writing:-
- (a)
- commits a breach of party discipline which means a violation of the party constitution, code of conduct and declared policies, or
- (b)
- votes contrary to any direction issued by the Parliamentary Party to which he belongs, or
- (c)
- abstain from voting in the House against party policy in relation to any bill.
- (2)
- Where action is proposed to be taken under the Explanation to clause (1), sub-clause (a) the disciplinary committee of the party on a reference by the Head of the Party, shall decide the matter, after giving an opportunity of a personal hearing to the member concerned within seven days. In the event the decision is against the member, he can file an appeal, within seven days, before the Head of the Party, whose decision thereon shall be final, in cases covered by the Explanation to clause (1), sub-clauses (b) and (c), the declaration may be made by the Head of the Party concerned after examining the explanation of the member and determining whether or not that member has defected.
- (3)
- The Presiding Officer of the House shall be intimated the decision by Head of the Political Party in addition to intimation which shall also be concerned member. The Presiding Officer shall within two days transmit the decision to the Chief Election Commissioner. The Chief Election Commissioner, shall give effect to such decision, within seven days from the date of the receipt of such intimation by declaring the seat vacant and amend it under the schedule of the bye-election.
- (4)
- Nothing contained in this Article shall apply to the Chairman or Speaker of a House.
- (5)
- For the purpose of this Article-
- (a)
- "House" means the National Assembly or the Senate, in relation to and the Federation; and a Provincial Assembly in relation to the Province, as the case may be.
- (b)
- "Presiding Officer" means the Speaker of the National Assembly, the Chairman of the Senate or the Speaker of the Provincial Assembly, as case may be.
- (6)
- Notwithstanding anything contained in the Constitution, no court including the Supreme Court and a High Court shall entertain any legal proceedings, exercise any jurisdiction, or make any order in relation to the action under this Article.
(3) If a request is made under clause (2), the President shall summon a joint sitting; and, if the Bill is passed in the joint sitting, with or without amendment, by the votes of the majority of the total membership of the two Houses, it shall be presented to the President for assent.
(1) Notwithstanding anything contained in Article 70 [71] [* * *], a Money Bill shall originate in the National Assembly and after it has been passed by the Assembly it shall, without being transmitted to the Senate, be presented to the President for assent.