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Notes for Part III, Chapter 2

27.
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.

28.
Substituted by P.O.No.14 of 1985, Art. 2 and Sch. item 10 (with effect from March 2, 1985).
"50.
There shall be a Parliament consisting of two houses to be known as the National Assembly and the Senate."

28A.
Article 51 substituted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 16) (with effect from August 21, 2002) for the following:
51. National Assembly.
[29][(1) There shall be three hundred and forty-two seats of the members in the National Assembly, including seats reserved for women and non-Muslims.
(1A) The seats in the National Assembly referred to in clause (1), except as provided in clause (2A), are allocated to each Province, the Federally Administered Tribal Areas and the Federal Capital as under-
General Women Total
Balochistan 14 3 17
NWFP 35 8 43
The Punjab 148 35 183
Sind 61 14 75
FATA 12 - 12
Federal Capital 2 - 2
Total 272 60 332
]
(2) A person shall be entitled to vote if:
(a) he is a citizen of Pakistan;
(b) he is not less than [30] [eighteen] years of age;
(c) his name appears on the electoral roll; and
(d) he is not declared by a competent court to be of unsound mind [31] [.]
[32] **
[33] [(2A) In addition to the number of seats referred to in clause (1A), there shall be, in the National Assembly, ten seats reserved for non-Muslims.]

(3) The seats in the National Assembly shall be allocated to each Province, the Federally Administered Tribal Areas and the Federal Capital on the basis of population in accordance with the last preceding census officially published.

[34][(4) For the purpose of election to the National Assembly,-
(a) the constituencies for the general seats shall be single member territorial constituencies and the members to fill such seats shall be elected by direct and free vote in accordance with law;
(b) each Province shall be a single constituency for all;
(c) the constituency for all seats reserved for non-Muslims shall be the whole country;
(d) members to the seats reserved for women which are allocated to a Province under clause (1A) shall be elected in accordance with law through proportional representation system of political parties' lists of candidates on the basis of total number of general seats secured by each political party from the Province concerned in the National Assembly :
[34B] [Provided that for the purpose of this sub-clause the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates.]
(e) members to the seats reserved for non-Muslims shall be elected in accordance with law through proportional representation system of political parties lists of candidates on the basis of total number of general seats won by each political party in the National Assembly:
[34C] [Provided that for the purpose of this sub-clause the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates.]

29.
Clauses (1) and (1A) substituted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Art 3, clause (1), Sched. item (3), for clause (1) which read:
(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).

30.
Substituted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002) for the word "twenty-one", which was substituted for the word "eighteen" by P.O.No.14 of 1985, Art. 2 and Sch.item 11(2)(a) (with effect from March 2, 1985).

31.
Substituted by the Revival of Constitution of 1973 Order (P.O.No.14 of 1985), Art 2. Sch. item 11(2)(b) for the colon (with effect from March 2, 1985).

32.
The proviso omitted the Revival of Constitution of 1973 Order (P.O.No.14 of 1985), Art 2. Sch. item 11(2)(c) (with effect from March 2, 1985), read as under:
"Provided that, for the purpose of the first general election to the National Assembly or an election to a seat falling vacant before the holding of a second general election to the Assembly paragraph (b) shall have effect as if for the word "eighteen" therein the word "twenty-one" were substituted"

33.
Clause 2A substituted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Art 3(1), Sched. item (3), for:

(2A) In addition to the number of seats referred to in clause (1), there shall be in the National Assembly ten additional seats reserved as follows for the person referred to in clause (3) of Article 106:
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:

"(2A) In addition to the number of seats referred to in clause (1), there shall be in the National Assembly six additional seats for the persons referred to in clause (3) of Article 106".

34.
Substituted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002) for:
(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 .

34A.
Substituted for "second" by the Constitution (Eighth Amendment) Act, 1985 section 3(with effect from November 9, 1985).

34B.
Proviso in sub-clause (d) inserted by Legal Framework (Amendment) Order, 2002 (Chief Executive's Order No. 29 of 2002) [by amending Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002)].

34C.
Proviso in sub-clause (e) substituted by Legal Framework (Amendment) Order, 2002 (Chief Executive's Order No. 29 of 2002)[by amending Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002)] for the following:
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.

35.
Substituted by P.O.No.14 of 1985, Art.2 and Sch.item 11 (with effect from March 2, 1985).for the words "ten seats."

36.
Clauses (4) to (6) omitted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002).
[36A][(4A) The members to fill the seats referred to in clause ( 2A ) shall be elected, simultaneously with the members to fill the seats referred to in clause (1), on the basis of separate electorates by direct and free vote in accordance with law.

(5) As soon as practicable after the general election to the National Assembly, the members to fill seats reserved for women which are allocated to a Province under clause (4) shall be elected in accordance with law on the basis of the system of proportional representation by means of a single transferable vote by the electoral college consisting of the persons elected to the Assembly from that Province. ]

(6) Notwithstanding anything contained in this Article, the President may, by Order, make such provision as to the manner of filling the seats in the National Assembly allocated to the Federally Administered Tribal Areas as he may think fit.

36A.
Clauses(4A) and (5) (as shown above) were substituted by P.O.No.14 of 1985, Art.2 and Sch.item 11 (with effect from March 2, 1985).
Clause (4A) was inserted by the Constitution (Fourth Amendment) Act, 1975 (71 of 1975) section 5, (with effect from November 21, 1975) read as under:
"(4A) As soon as practicable after the general election to the National Assembly, the members to fill seats reserved in that Assembly for the persons referred to in clause (2A) shall be elected in accordance with law by the members of the Assembly referred to in clause (1)"
Clause (5) read as follows:
(5) For the purpose of election to the seats allocated to a province under clause (4), the members of the National Assembly from that Province shall constitute the electoral college.

37.
For such order, see the Preparation of Election Rolls (Federally Administered Tribal Areas) Order,1975 (President's Order No.l of 1975).

38.
Article 54 had, until December 31, 1973, effect as if the proviso to clause (2) thereof were omitted, see the Removal of Difficulties (Sittings of National Assembly) Order, 1973 (President's Order No.23 of 1973), Article 2.

39.
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.

40.
Substituted by P.O.No.14 of 1985, Art. 2 and Sch. item 12 (with effect from March 2, 1985) for the word "two".

40A.
P.O.No.14 of 1985, Art. 2 and Sch.item 12 (with effect from March 2, 1985) substituted the word "thirty" for the word "sixty".
The word "thirty" was restored by the Constitution (Tenth Amendment) Act, 1987, section 2.

41.
Explanation added by the Constitution (Fourth Amendment)Act, 1975 (71 of 1975), section 6 (with effect from November 21, 1975).

42.
Article 56 renumbered as Article 56 (1) by P.O.No.14 of 1985, Art. 2 and Sch.item 13 (with effect from March 2, 1985).

43.
Clauses (2),(3) and (4) added by P.O.No.14 of 1985, Art. 2 and Sch.item 13 (with effect from March 2, 1985).

44.
Clause (3) substituted by Constitution (Eighth Amendment) Act, 1985 section 4 (with effect from November 9, 1985) for:
"(3) At the commencement of each session of the Majlis-e-Shoora (Parliament), the President shall address both Houses assembled together and inform the Majlis-e-Shoora (Parliament) of the causes of its summons".

44A.
Article 58 substituted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 17), with effect from April 19th, 2010, for the following:
58. Dissolution of the National Assembly.
[46][(1)] The President shall dissolve the National Assembly if so advised by the Prime Minister; and the National Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the Prime Minister has so advised.
Explanation:- Reference in this Article to "Prime Minister" shall not be construed to include reference to a Prime Minister against whom a [47][notice of a resolution for a vote of no-confidence has been given] in the National Assembly but has not been voted upon or against whom such a resolution has been passed or who is continuing in office after his resignation or after the dissolution of the National Assembly. [48] * * *

[49] (2) Notwithstanding anything contained in clause (2) of Article 48, the President may also dissolve the National Assembly in his discretion where, in his opinion,:
(a)
a vote of no-confidence having been passed against the Prime Minister, no other member of the National Assembly is likely to command the confidence of the majority of the members of the National Assembly in accordance with the provisions of the Constitution as ascertained in a session of the National Assembly summoned for the purpose; or
[49A]
(b)
a situation has arisen in which the Government of the Federation cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary.
[49B] [(3) The President in case of dissolution of the National Assembly under paragraph (b) of clause (2) shall, within fifteen days of the dissolution, refer the matter to the Supreme Court and the Supreme Court shall decide the reference within thirty days whose decision shall be final.]

44B.
Article 59 substituted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 18), with effect from April 19th, 2010, for the following:
59. The Senate
[50][(1) The Senate shall consist of one-hundred members, of whom,-
(a) fourteen shall be elected by the members of each Provincial Assembly;
(b) eight shall be elected [55A] *** from the Federally Administered Tribal Areas, in such manner as the President may, by Order, prescribe;
(c) two on general seats, and one woman and one technocrat including aalim shall be elected from the Federal Capital in such manner as the President may, by Order, prescribe;
(d) four women shall be elected by the members of each Provincial Assembly;
(e) four technocrats including ulema shall be elected by the members of each Provincial Assembly.]
(2) Election to fill seats in the Senate allocated to each Province shall be held in accordance with the system of proportional representation by means of the single transferable vote.

[56](3) The Senate shall not be subject to dissolution but the term of its members, who shall retire as follows, shall be six years:-

[57](a) of the members referred to in paragraph (a) of clause (1), seven shall retire after the expiration of the first three years and seven shall retire after the expiration of the next three years.

(b) of the members referred to in paragraph (b) of the aforesaid clause, four shall retire after the expiration of the first three years and four shall retire after the expiration of the next three years;

[57A](c) of the members referred to in paragraph (c) of the aforesaid clause,-
(i) one elected on general seat shall retire after the expiration of the first three years and the other one shall retire after the expiration of the next three years, and
(ii) one elected on the seat reserved for technocrat shall retire after first three years and the one elected on the seat reserved for woman shall retire after the expiration of the next three years;
[57B](d) of the members referred to in paragraph (d) of the aforesaid clause, two shall retire after the expiration of the three years and two shall retire after the expiration of the next three years; and
(e) of the members referred to in paragraph (e) of the aforesaid clause, two shall retire after the expiration of the first three years and two shall retire after the expiration of the next three years:
Provided that the term of office of a person elected [58][***] to fill a casual vacancy shall be the unexpired term of the member whose vacancy he has filled.]

[59]

45.
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.

46.
Article 58 renumbered as Article 58 (1) by P.O.No.14 of 1985, Art.2 and Sch.item 14 (with effect from March 2, 1985).

47.
Substituted by the Constitution (Eighth Amendment) Act, 1985, section 5 (a)(with effect from November 9, 1985)for the words "resolution for a vote of no confidence" has been moved.

48.
Words omitted by P.O.No.14 of 1985 Art 2 and Sch.item 14(1) read, "or a Federal Minister performing the functions of Prime Minister under clause (1) or clause (3) of Article 95".

49.
Clause 2 substituted by the Constitution (Eighth Amendment) Act, 1985, section 5 (b)(with effect from November 9, 1985.) for:
"(2) The President may also dissolve the National Assembly in his discretion where, in his opinion, an appeal to the electorate is necessary".
which was added by P.O.No.14 of 1985 Art 2 and Sch.item 14(2).

49A.
Sub-clause (b) was removed by the Constitution (Thirteenth Amendment) Act, 1997, and reinserted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Art 3(1), Sched. item 4.

49B.
Clause (3) inserted by Constitution (Seventeenth Amendment) Act, 2003.

50.
Clause (1) substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Art 3(1), Sched. item 5(1), for the following:
(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.]

50A.
Substituted by P.O.No.14 of 1985, Art. 2 and Sch.item 15(1)(a) for the word "sixty-three" (with effect from March 2, 1985).

51.
Substituted by P.O.No.14 of 1985, Art. 2 and Sch.item 15(1)(b)(i) (with effect from March 2, 1985) for the word "five".

52.
The word "and" omitted by P.O.No.14 of 1985, Art. 2 and Sch. item 15(1)(b)(ii) (with effect from March 2, 1985).

53.
Substituted by P.O.No.14 of 1985, Art. 2 and Sch.item 15(c)(i) (with effect from March 2, 1985) for the word "two".

54.
Substituted by the Constitution (Eighth Amendment) Act, 1985, section 6(a) for the word "chosen" (with effect from November 9, 1985).

54A.
Substituted by P.O.No.14 of 1985, Art. 2 and Sch.item 15(c)(ii) (with effect from March 2, 1985) for the full-stop.

55.
Added by P.O.No.14 of 1985, Art. 2 and Sch.item 15(1)(d) (with effect from March 2, 1985).

55A.
The words "by direct and free vote" were omitted by the Legal Framework (Second Amendment) Order, 2002 (Chief Executive's Order No. 32 of 2002), Section 2(2) by amending the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Sched. item 5.

56.
Substituted by P.O.No.14 of 1985 Art. 2 and Sch.item 15 (with effect from March 2, 1985) for:
"(3) The Senate shall not be subject to dissolution but the term of office of its members shall be four years, half of them retiring every two years, except in the case of the members elected by the members from the Federally Administered Tribal Areas, of whom three shall retire after the expiration of the first two years and two shall retire after the expiration of the next two years:
Provided that the term of office of a person elected or chosen to fill a casual vacancy shall be the unexpired term of the member whose vacancy he has filled."

57.
Clauses (a), (b) and (c) of Article 59 (3) were substituted by clauses(a) to (d) by the Constitution (Eighth Amendment) Act, 1985 section 6 (b) (i) (with effect from November 9, 1985). These clauses (a), (b) and (c) read as under:
"(a) of the members referred to in paragraphs (a) and (b) of clause (1), six shall retire after the expiration of the first two years, six shall retire after the expiration of the next two years and seven shall retire after the expiration of the next two years;
(b) of the members referred to in paragraph (d), two shall retire after the expiration of the first two years and three shall retire after the expiration of every two years thereafter; and
(c) of the members referred to in paragraph (c), one shall retire after the expiration of every two years."

57A.
Sub-clause (c) substituted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Art 3(1), Sched. item 5(2)(a) for the following:
(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

57B.
Subclauses (d) and (e) substituted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Art 3(1), Sched. item 5(2)(b) for the following:
(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;

58.
The words "or chosen" omitted by the Constitution (Eighth Amendment) Act, 1985, section 6 (b)(with effect from November 9, 1985.

59.
Clause (4) added by P.O.No.14 of 1985, Art. 2 and Sch.item 15 (with effect from March 2, 1985) which read as under:
"(4) A casual vacancy in the office of a member referred to in paragraph (d) of clause (1) shall be filled for the remainder of the term of such member by the members of the Provincial Assembly by whom such member had been elected electing another person under the said paragraph".
has been omitted by the Constitution (Eighth Amendment) Act, 1985 section 6 (c) (with effect from November 9, 1985).

60.
Substituted by the Constitution (Eighth Amendment) Act, 1985 section 7, for the word "two '( with effect from November 9, 1985).

61.
Added by the Constitution (First Amendment) Act, 1974 (33 of 1974), section 5 (with effect from May 4, 1974).

62.
The words "one hundred and sixty" were substituted by Constitution (Third Amendment) Order, 1985, section 2 for the words "one hundred and thirty" (with effect from March 19, 1985).
The words "one hundred and thirty" were restored by the Constitution (Tenth Amendment) Act, 1987, section 3.

62A.
Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 19) for "ninety", with effect from April 19th, 2010.

63.
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.

63A.
Article 62 substituted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 20), with effect from April 19th, 2010, for the following:
[64]
[62. Qualifications for membership of Majlis-e-Shoora (Parliament).
A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless :-
(a) he is a citizen of Pakistan;

[64B][(b) he is, in the case of the National Assembly, not less than twenty -five years of age and is enrolled as a voter in any electoral roll in-
(i) any part of Pakistan, for election to a general seat or a seat reserved for non-Muslims; and
(ii) any area in a Province from which he seeks membership for election to a seat reserved for women.]
(c) he is, in the case of Senate, not less than thirty years of age and is enrolled as a voter in any area in a Province or, as the case may be, the Federal Capital or the Federally Administered Tribal Areas, from where he seeks membership;

(d) he is of good character and is not commonly known as one who violates Islamic Injunctions;

(e) he has adequate knowledge of Islamic teachings and practises obligatory duties prescribed by Islam as well as abstains from major sins ;

(f) he is sagacious, righteous and non-profligate and honest and ameen;

(g) he has not been convicted for a crime involving moral turpitude or for giving false evidence;

(h) he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the Ideology of Pakistan

Provided that the disqualifications specified in paragraphs (d) and (e) shall not apply to a person who is a non-Muslim, but such a person shall have good moral reputation; and
(i) he possesses such other qualifications as may be prescribed by Act of Majlis-e-Shoora (Parliament).]

63B.
Article 63 substituted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 21), with effect from April 19th, 2010 for the following:
[65]
[63. Disqualifications for membership of Majlis-e-Shoora (Parliament).
(1) A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if:-
(a) he is of unsound mind and has been so declared by a competent court; or

(b) he is an undischarged insolvent; or

(c) he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State; or

(d) he holds an office of profit in the service of Pakistan other than an office declared by law not to disqualify its holder; or

(e) he is in the service of any statutory body of any body which is owned or controlled by the Government or in which the Government has a controlling share or interest; or

(f) being a citizen of Pakistan by virtue of section 14B of the Pakistan Citizenship Act, 1951 (II of 1951), he is for the time being disqualified under any law in force in Azad Jammu and Kashmir from being elected as a member of the Legislative Assembly of Azad Jammu and Kashmir; or

(g) he is propagating any opinion, or acting in any manner, prejudicial to the Ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or morality, or the maintenance of public order, or the integrity or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan; or

[65A][(h) he has been convicted by a court of competent jurisdiction on a charge of corrupt practice, moral turpitude or misuse of power or authority under any law for the time being in force; or

(i) he has been dismissed from the service of Pakistan or service of a corporation or office set up or controlled by the Federal Government, Provincial Government or a Local Government on the grounds of misconduct or moral turpitude; or

(j) he has been removed or compulsorily retired from the service of Pakistan or service of a corporation or office set up or controlled by the Federal Government, Provincial Government or a Local Government on the grounds of misconduct or moral turpitude; or]

(k) he has been in the service of Pakistan or of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest, unless a period of two years has elapsed since he ceased to be in such service; or

(l) he is found guilty of a corrupt or illegal practice under any law for the time being in force, unless a period of five years has elapsed from the date on which that order takes effect; or

(m) he has been convicted under section 7 of the Political Parties Act, 1962 (III of 1962), unless a period of five years has elapsed from the date of such conviction; or

(n) he, whether by himself or by any person or body of persons in trust for him or for his benefit or on his account or as a member of a Hindu undivided family, has any share or interest in a contract, not being a contract between a cooperative society and Government, for the supply of goods to, or for the execution of any contract or for the performance of any service undertaken by, Government:

Provided that the disqualification under this paragraph shall not apply to a person-

(i) where the share or interest in the contract devolves on him by inheritance or succession or as a legatee, executor or administrator, until the expiration of six months after it has so devolved on him;

(ii) where the contract has been entered into by or on behalf of a public company as defined in the Companies Ordinance, 1984 (XLVII of 1984), of which he is a share-holder but is not a director holding an office of profit under the company; or

(iii) where he is a member of a Hindu undivided family and the contract has been entered into by any other member of that family in the course of carrying on a separate business in which he has no share or interest; or

Explanation.- In this Article "goods" does not include agricultural produce or commodity grown or produced by him or such goods as he is, under any directive of Government or any law for the time being in force, under a duty or obligation to supply.

(o) he holds any office of profit in the service of Pakistan other than the following offices, namely :-

(i) an office which is not whole time office remunerated either by salary or by fee;

(ii) the office of Lumbardar, whether called by this or any other title;

(iii) the Qaumi Razakars;

(iv) any office the holder whereof, by virtue of such office, is liable to be called up for military training or military service under any law providing for the constitution or raising of a Force; or

[65B][(p) he has been convicted and sentenced to imprisonment for having absconded by a competent court under any law for the time being in force; or

(q) he has obtained a loan for an amount of two million rupees or more, from any bank, financial institution, cooperative society or cooperative body in his own name or in the name of his spouse or any of his dependents, which remains unpaid for more than one year from the due date, or has got such loan written off; or

(r) he or his spouse or any of his dependents has defaulted in payment of government dues and utility expenses, including telephone, electricity, gas and water charges in excess of ten thousand rupees, for over six months, at the time of filing his nomination papers [65BB][; or]

[65C] [(s) 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.]
[65D][(2) If any question arises whether a member of Majlis-e-Shoora (Parliament) has become disqualified from being a member, the Speaker or, as the case may be, the Chairman shall, within thirty days from raising of such question refer the question to the Chief Election Commissioner.]
[65E][(3) Where a question is referred to the Chief Election Commissioner under clause (2), he shall lay such question before the Election Commission which shall give its decision thereon not later than three months from its receipt by he Chief Election Commissioner.]

63C.
Article 63A substituted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 22), with effect from the date of the first general elections after April 19, 2010, for the following:
[65F]
63A. Disqualification on grounds of defection, etc.
(1) If a member of a Parliamentary Party composed of a single political party in a House-
(a) resigns from membership of his political party or joins another Parliamentary Party; or
(b) votes or abstains from voting in the House contrary to any direction issued by the Parliamentary Party to which he belongs, in relations to-
(i) election of the Prime Minister or the Chief Minister; or
(ii) a vote of confidence or a vote of no-confidence; or
(iii) a Money Bill;
he may be declared in writing by the Head of the Parliamentary Party to have defected from the political party, and the Head of the Parliamentary Party may forward a copy of the declaration to the Presiding Officer, and shall similarly forward a copy thereof to the member concerned:
Provided that before making the declaration, the Head of the Parliamentary Party shall provide such member with an opportunity to show cause as to why such declaration may not be made against him.
(2) A member of a House shall be deemed to be a member of a Parliamentary Party if he having been elected as a candidate or nominee of a political party which constitutes the Parliamentary Party in the House or, having been elected otherwise than as a candidate or nominee of a political party, has become a member of such Parliamentary Party after such election by means of a declaration in writing.
(3) Upon receipt of the declaration under clause (1), the Presiding Officer of the House shall within two days refer the declaration to the Chief Election Commissioner who shall lay the declaration before the Election Commission for its decision thereon confirming the declaration or otherwise within thirty days of its receipt by the Chief Election Commissioner.
(4) Where the Election Commission confirms the declaration, the member referred to in clause (1) shall cease to be a member of the House and his seat shall become vacant.
(5) Any party aggrieved by the decision of the Election Commission may within thirty days, prefer an appeal to the Supreme Court which shall decide the matter within three months from the date of the filing of the appeal.
(6) Nothing contained in this Article shall apply to the Chairman or Speaker of a House.
(7) For the purpose of this Article-
(a) "House" means the National Assembly or the Senate in relation to 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 the case may be.

64.
Substituted for Article 62 which read as under by P.O.No.14 of 1985, Art. 2 and Sch.item 16 (with effect from March 2, 1985):
"62.
A person shall not be qualified to be elected or chosen as a member of Parliament unless :-
(a) he is a citizen of Pakistan
(b) he is, in the case of the National Assembly, not less than twenty-five years of age and is enrolled as a voter in any electoral roll for election to that Assembly;
(c) he is, in the case of the Senate, not less than thirty years of age-and is enrolled as a voter in any area in a Province or, as the case may be, the Federal Capital or the Federally Administered Tribal areas, from where he seeks membership; and
(d) he possesses such other qualifications as may be prescribed by Act of Parliament.

64B.
Clause (b) substituted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002) Art 3(1), Sched. item (6), for the following:
(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;

65.
Substituted for Article 63 which read as under by P.O.No.14 of 1985, Art. 2 and Sch.item 16 (with effect from March 2, 1985)
"63.
(1) A person shall be disqualified from being elected or chosen as, and from being, a member of Parliament, if:-
(a) he is of unsound mind and has been so declared by a competent court; or
(b) he is an undischarged insolvent; or
(c) he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State; or
(d) he holds any office of profit in the service of Pakistan other than an office declared by law not to disqualify its holder; or
(e) he is so disqualified by Act of Parliament
(2) If any question arises whether a member of 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.

65A.
Sub-clauses (h) to (j) substituted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Art 3(1), Sched. item 7(1)(a), for the following:
(h) he has been, on conviction for any offence which in the opinion of the Chief Election Commissioner involves moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release; or

(i) he has been dismissed from the service of Pakistan on the ground of misconduct, unless a period of five years has elapsed since his dismissal; or

(j) he has been removed or compulsorily retired from the service of Pakistan on the ground of misconduct unless a period of three years has elapsed since his removal or compulsory retirement; or

65B.
Sub-clauses (p) to (r) substituted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Art 3(1), Sched. item 7(1)(b), for the following:
(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.

65BB.
Substituted for the full-stop by Legal Framework (Amendment) Order, 2002 (Chief Executive's Order No. 29 of 2002) [by amending Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002) Sched. item 7(1)(b)].

65C.
Sub-clause (s) inserted by Legal Framework (Amendment) Order, 2002 (Chief Executive's Order No. 29 of 2002) [by amending Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002) Sched. item 7(1)(b)].

65D.
Clause (2) substituted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Art 3(1), Sched. item 7(2) for the following:
(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.

65E.
Clause (3) inserted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Art 3(1), Sched. item 7(3).

65F.
Article 63A substituted the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Art 3(1), Sched. item 8 for the following, which was inserted by the Fourteenth Amendment Act, 1997.
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.

66.
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.

67.
For the Rules of Procedure and Conduct of Business in the Senate, see Gazette of Pakistan, 1973, Extraordinary, Part II, Pages 1543-1620. For the Rules of Procedure and Conduct of Business in the National Assembly, 1973, see Gazette of Pakistan, 1973, Extraordinary, Part 11, pages 1897-1957.

68.
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.

68A.
Article 70 substituted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 23), with effect from April 19th, 2010, for the following:
[69]
[70. Introduction and passing of Bills.
(1) A Bill with respect to any matter in the Federal Legislative List or in the Concurrent Legislative List may originate in either House and shall, if it is passed by the House in which it originated, be transmitted to the other House; and, if the Bill is passed without amendment, by the other House also, it shall he presented to the President for assent.

(2) if a Bill transmitted to a House under clause (1) is rejected or is not passed within ninety days of its receipt or is passed with amendment, the Bill, at the request of the House in which it originated, shall be [69A] [referred to a Mediation Committee constituted under Article 71 for consideration and resolution thereon].

[69B]

[(3) Where a Bill is referred to the Mediation Committee under clause (2), the Mediation Committee shall, within ninety days, formulate an agreed Bill which is likely to be passed by both Houses of the Majlis-e-Shoora (Parliament) and place the agreed Bill separately before each House and if both the Houses pass the Bill, it shall be presented to the President for assent. President for assent.]

(4) In this Article and the succeeding provisions of the Constitution, "Federal Legislative List" and "Concurrent Legislative List" mean respectively the Federal Legislative List and the Concurrent Legislative List in the Fourth Schedule.]

68B.
Article 71 omitted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 24), with effect from April 19th, 2010. The omitted article read as follows:
[69C]
71. Mediation Committee
(1) Both Houses of Majlis-e-Shoora (Parliament) shall, within fifteen days from the date of referral of the Bill by the House in which it was originated for consideration and resolution by the Mediation Committee under clause (2) of Article 70 nominate eight members each as members of a Mediation Committee.
(2) The House in which the Bill was originated shall nominate a member of the Mediation Committee as Chairman of the Committee and the other House shall nominate a member as the Vice-Chairman thereof.
(3) All decisions of the Mediation Committee shall be made by a majority of the total number of members of each House in the Committee.
(4) The President may, in consultation with the Speaker of the National Assembly and Chairman of the Senate, make rules for conduct of business of the Mediation Committee.

69.
Substituted by P.O.No.14 of 1985, Art. 2 and Sch.item 17 (with effect from March 2, 1985)for articles 70 and 71 which read:
"70.
(1) A Bill with respect to any matter in Part I of the Federal Legislative List shall originate in the National Assembly and shall, if it is passed by the Assembly, be transmitted to the Senate for its consideration.
(2) The Senate may, within ninety days of the receipt of the Bill under clause (1), either pass it, with or without amendment, or reject it; and upon the failure of the Senate so to do, the Bill shall be deemed to have been passed by it without amendment at the expiration of that period.
(3) If the Bill is passed without amendment by the Senate, or is deemed to have been so passed, it shall be presented to the President for assent.
(4) If the Bill is passed with amendment or is rejected by the Senate, it shall be reconsidered by the National Assembly; and, if the Bill is again passed by the National Assembly, with or without amendment, it shall be presented to the President for assent.
(5) For the purposes of the procedure prescribed in this Article, the question whether or not a Bill is with respect to any matter in Part I of the Federal Legislative List shall be decided by the President whose decision shall be final.
(6) In this Article and the succeeding provisions of the Constitution, "Federal Legislative List" and "Concurrent Legislative List" mean respectively the Federal Legislative List and the Concurrent Legislative List in the Fourth Schedule.
71.
(1)A Bill with respect to any matter in Part II of the Federal Legislative List or in the Concurrent Legislative List may originate in either House and shall, if it is passed by one House, be transmitted to the other House; and if the Bill is passed without amendment, by the other House also it shall be presented to the President for assent.
(2)1f a Bill transmitted to a House under clause (1) is rejected or is not passed within ninety days of its receipt or is passed with amendment, the Bill, at the request of the House in which it originated, shall be considered in a joint sitting.
(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, the Bill shall be presented to the President for assent."

69A.
Substituted for the words "considered in a joint sitting" by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Art 3(1), Sched. item 9(1).

69B.
Clause (3) substituted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Art 3(1), Sched. item 9(2), for the following:
(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.

69C.
Article 71 inserted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Art 3(1), Sched. item 10.

70.
For the Parliament (Joint Sittings) Rules, 1973, see Gazette of Pakistan, 1973, Extraordinary, Part II, pages 1657-1672.

70A.
Clauses (1) and (1A) substituted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Art 3(1), Sched. item 11 for the following:
(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.

This same amendment was reasserted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 25), with effect from April 19th, 2010. (Ed. Note: The text of Article 25 of the Constitution (Eighteenth Amendment) Act, 2010 assumes that the changes made by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002) were not incorporated into the Constitution. However, Article 24 of the Act assumes that the changes made by the LFO 2002 were incorporated into the Constitution. The resulting text of the Constitution in either case is however unambiguous.)

71.
The words and figure "or Article 71" omitted by P.O.No.14 of 1985, Article 2 and Sch.item 18(with effect from March 2, 1985).

72.
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.

73.
Substituted by P.O.No.14 of 1985, Art and Sch.item 19 (with effect from March 2,1985) for Article 75 which read as under:
"75.
(1)The President shall assent to a Bill within seven days after it has been presented to him for assent under Article 70, Article 71 or Article 73 and if the President fails to do so he shall be deemed to have assented to the Bill at the expiration of the said period.
(2)When the President has assented or is deemed to have assented to a Bill, it shall become law and be called an Act of Parliament.
(3)No Act of Parliament, and no provision in any such Act, shall be invalid by reason only that some recommendation, previous sanction or consent required by the Constitution was not given if that Act was assented to or deemed to have been assented to in accordance with the Constitution."

74.
Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 26(i)), with effect from April 19th, 2010, for the word "thirty", which in turn was substituted by the Constitution (Eighth Amendment) Act, 1985, section 8 (a) for the words "forty-five" with effect from November 9, 1985.

74A.
Clause (2) substituted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 26(ii)), with effect from April 19th, 2010, for the following:
[75][(2) When the President has returned a Bill to the Majlis-e-Shoora (Parliament), it shall be reconsidered by the Majlis-e-Shoora (Parliament) [75A] [* *] and, if it is again passed, with or without amendment, by the Majlis-e-Shoora (Parliament), [75B] [in accordance with Article 70] it shall be deemed for the purposes of the Constitution to have been passed by both Houses and shall be presented to the President and the President shall not withhold assent therefrom].

74B.
Inserted by the Constitution (Eighteenth Amendment) Act, 2010, (Article 26 (iii)) with effect from April 19th, 2010.

75.
Clause (2) was substituted by the Constitution (Eighth Amendment) Act, 1985 (with effect from November 9, 1985) for:
"(2)When the President has returned a Bill to the Majlis-e-Shoora (Parliament), it shall be reconsidered by the Majlis-e-Shoora (Parliament) in joint sitting and, if it is again passed with or without amendment, by the Majlis-e-Shoora (Parliament), by the votes of the majority of the total membership of the two Houses, it shall be again presented to the President and the President shall assent thereto."

75A.
The words "in joint sitting" omitted by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Art 3(1), Sched. item 12(a).

75B.
Substituted for the words "by the votes of the majority of the members of both Houses present and voting" by the Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Art 3(1), Sched. item 12(b).

76.
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.

76A.
Inserted by the Constitution (Nineteenth Amendment) Act, 2010 (Article 2(i)), with effect from January 1, 2011.

76B.
Paragraph (b) substituted by the Constitution (Nineteenth Amendment) Act, 2010 (Article 2(ii)), with effect from January 1, 2011, for the following:
(b) the administrative expenses, including the remuneration payable to officers and servants of the Supreme Court, the department of the Auditor-General and the Office of the Chief Election Commissioner and of the Election Commission and the Secretariats of the Senate and the National Assembly;

77.
For the National Assembly Secretariat (Recruitment) Rules 1973, see Gazette of Pakistan, 1973, Extraordinary, Part II, pages 2279-2286. For the Senate Secretariat (Recruitment) Rules, 1973, see ibid., pages 2301-2307.

78.
For the National Assembly (Finance Committee) Rules, 1973, see Gazette of Pakistan, 1973, Extraordinary, Part II, pages 2451-2454.
For the Senate (Finance Committee) Rules,1973, see ibid., pages 2479-2482.

78A.
Inserted by the Constitution (Eighteenth Amendment) Act, 2010, (Article 27 (i)) with effect from April 19th, 2010.

79.
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.

80.
Substituted by the Constitution (Second Amendment) Order, 1985, (P.O.No.20 of 1985) section 2(a) for the words and figure "is with respect to a matter in Part I of the Federal Legislative List" (with effect from March 19, 1985).

80A.
Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 27 (ii)(a)), with effect from April 19th, 2010, for the words "four months".

80B.
Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 27 (ii)(a)), with effect from April 19th, 2010, for a semi-colon.

80C.
Provisos inserted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 27 (ii)(a)), with effect from April 19th, 2010.

81.
Substituted by the Constitution (Second Amendment) Order, 1985, (P.O.No.20 of 1985) section 2(b) for the words and figure, "is with respect to a matter in Part 11 of the Federal Legislative List or a matter in the Concurrent Legislative List"(with effect from March 19, 1985).

81A.
Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 27 (ii)(b)), with effect from April 19th, 2010, for the words "four months".

81B.
Clause (3) substituted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 27 (iii)), with effect from April 19th, 2010, for the following:
(3) Without prejudice to the provisions of clause (2) an Ordinance laid before the National Assembly, shall be deemed to be a Bill introduced in the National Assembly.

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