Indexed passage in the Constitution of Pakistan

2[(2) The Council shall consist of — (a) the Prime Minister who shall be the Chairman of the Council; (b) the Chief Ministers of the Provinces ; and (c) three members from the Federal Government to be nominated by the Prim e Minister from time to time. ] 3* * * * * * * * * (4) The Council shall be responsible to 1[Majlis -e-Shoora (Parliament) 4[and shall submit an Annual Report to both Houses of Majlis -e-Shoora (Parliament).] ] 1 See footnote 6 on page 3 , supra . 2 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 54, for “clause (2)”. 3 Clause (3) omitted ibid. 4 Added by Act, No. 10 of 2010, s. 54. CONSTITU TION OF PAKISTAN 79 154. Functions and rules of procedure 154. 1[(1) The Council shall formulate and regulate policies in relation to matters in Part II of the Federal Legislative List and shall exercise supervision and control over related institutions. ] 2[(2) The Council shall be constituted within thirty days of the Prime Minister taking oath of office. (3) The Council shall have a permanent Secretariat and shall meet at least once in ninety days: Provided that the Prime Minister may convene a meeting on the request of a Province on an urgent matter.] 3[(4)] The d ecisions of the Council shall be expressed in terms of the opinion of the majority. 3[(5)] Until 4[Majlis -e-Shoora (Parliament)] makes provision by law in this behalf, the Council may make its rules of procedure. 3[(6)] 4[Majlis -e-Shoora (Parliament)] in joint sitting may from time to time by resolution issue directions through the Federal Government to the Council generally or in a particular matter to take action as 4[Majlis -e-Shoora (Parliament)] may deem just and proper and such directions shall be bi nding on the Council. 3[(7)] If the Federal Government or a Provincial Government is dissatisfied with a decision of the Council, it may refer the matter to 4[Majlis -e-Shoora (Parliament)] in a joint sitting whose deci sion in this behalf shall be final. 155. Complaints as to interference with water supplies 155. (1) If the interests of a Province, the Federal Capital or the Federally Administered Tribal Areas, or any of the inhabitants thereof, in water from any natural source of supply 5[or reservoir] have been or are likely to be affected prejudicially by — (a) any executive act or legislation taken or passed or proposed to be taken or passed, or 1 Subs. ibid. s. 55, for “clause (1)”. 2 New clauses (2) and (3) ins. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 55. 3 Clauses (2), (3), (4) and (5) renumb ered ibid. 4 See footnote 6 on page 3 , supra . 5 Ins. by Act. No. 10 of 2010, s. 56. CONSTITU TION OF PAKISTAN 80 (b) the failure of any authority to exercise any of its powers with respect to the use and distribution or contro l of water from that source, the Federal Government or the Provincial Government concerned may make a complaint in writing to the Council. (2) Upon receiving such complaint, the Council shall, after having considered the matter, either give its decision or request the President to appoint a commission consisting of such persons having special knowledge and experience in irrigation, engineer ing, administration, finance or law as he may think fit, hereinafter referred to as the Commission. (3) Until 1[Maj lis-e-Shoora (Parliament)] makes provision by law in this behalf, the provisions of the Pakistan Commissions of Inquiry Act, 1956, as in force immediately before the commencing day shall apply to the Council or the Commission as if the Council or the Commi ssion were a Commission appointed under that Act to which all the provisions of section 5 thereof applied and upon which the power contemplated by section 10A thereof had been conferred. (4) After considering the report and supplementary report, if any, o f the Commission, the Council shall record its decision on all matters refer red to the Commission. (5) Notwithstanding any law to the contrary, but subject to the provisions of clause (5) of Article 154, it shall be the duty of the Federal Government and the Provincial Government concerned in the matter in issue to give effect to the decision of the Council faithfully according to its terms and tenor. (6) No proceeding shall lie before any court at the instance of any party to a matter which is or has be en in issue before the Council, or of any person whatsoever, in respect of a matter which is actually or has been or might or ought to have been a proper subject of complaint to the Council under this Article. 156. National Economic Council 2[156. (1) The President shall constitute a National Economic Council which shall consist of: — 1 See footnote 6 on page 3 , supra . 2 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s.57, for “Article 156”. CONSTITU TION OF PAKISTAN 81 (a) the Prime Minister, who shall be the Chairman of the Council; (b) the Chief Ministers and one member from each Province to be nominated by the Chief Minister; and (c) four other members as the Prime Minister may nominate from time to time. (2) The National Economic Council shall review the overall economic condition of the country and shall, for advising the Federal Government and the Provincial Governments , formulate plans in re spect of financial, commercial, social and economic policies; and in formulating such plans, it shall , amongst other factors, ensure balanced development and regional equity and shall also be guided by the Principles of Policy set-out in Chapter 2 of Part II. (3) The meetings of the Council shall be summoned by the Chairman or on a requisition made by one -half of the members of the Council. (4) The Council shall meet at least twice in a year and the quorum for a meeting of the Council shall be one -half of its total membership. (5) The Council shall be responsible to the Majlis -e-Shoora (Parliament) and shall submit an Annual Report to each House of Majlis - e-Shoora (Parliament)]. 157. Electricity 157. (1) The Federal Government may in any Province con struct or cause to be constructed hydro -electric or thermal power installations or grid stations for the generation of electricity and lay or cause to be laid inter-Provincial transmission lines 1[:] 2[Provided that the Federal Government, prior to takin g a decision to construct or cause to be constructed, hydro -electric power stations in any Province, shall consult the Provincial Government concerned.] (2) The Government of a Province may — (a) to the extent electricity is supplied to that Province from th e national grid, require supply to be made in bulk for transmission and distribution within the Province; 1 Subs. by the Constitution (Eightee nth Amdt.) Act, 2010 (10 of 2010), s.58, for the full stop. 2 Proviso Ins. ibid. CONSTITU TION OF PAKISTAN 82 (b) levy tax on consumption of electricity within the Province; (c) construct power houses and grid stations and lay transmission lines for use within the Pr ovince; and (d) determine the tariff for distribution of electricity within the Province. 1[(3) In case of any dispute between the Federal Government and a Provincial Government in respect of any matter under this Article, any of the said Governments ma y move the Council of Common Interests for resolution of the dispute.] 158. Priority of requirements of natural gas 158. The Province in which a well -head of natural gas is situated shall have precedence over other parts of Pakistan in meeting the requir ements from that well -head, subject to the commitments and obligations as on the commencing day. 159. Broadcasting and telecasting 159. (1) The Federal Government shall not unreasonably refuse to entrust to a Provincial Government such functions with re spect to broadcasting and telecasting as may be necessary to enable that Government — (a) to construct and use transmitters in the Province; and (b) to regulate, and impose fees in respect of, the construc tion and use of transmitters and the use of receiving app aratus in the Province: Provided that nothing in this clause shall be construed as requiring the Federal Government to entrust to any Provincial Government any control over the use of transmitters constructed or maintained by the Federal Government or by persons authorised by the Federal Government, or over the use of receiving apparatus by person so authorised. (2) Any functions so entrusted to a Provincial Government shall be exercised subject to such conditions as may be imposed by the Federal Governme nt, including, notwithstanding anything contained in the Constitution, any conditions with respect to finance, but it shall not be 1 New clause (3) added ibid. CONSTITU TION OF PAKISTAN 83 lawful for the Federal Government so to impose any conditions regulating the matter broadcast or telecast by, or by authority of, the Provincial Government. (3) Any Federal law with respect to broadcasting and tele - casting shall be such as to secure that effect can be given to the foregoing provisions of this Article. (4) If any question arises whether any conditions imposed o n any Provincial Government are lawfully imposed, or whether any refusal by the Federal Government to entrust functions is unreasonable, the question shall be determined by an arbitrator appointed by the Chief Justice of Pakistan. (5) Nothing in this Arti cle shall be construed as restricting the powers of the Federal Government under the Constitution for the prevention of any grave menace to the peace or tranquillity of Pakistan or any part thereof. ____________ CONSTITU TION OF PAKISTAN 84 PART VI Finance, Property, Contracts a nd Suits CHAPTER 1. – FINANCE Distribution of Revenues between the Federation and the Provinces 160. National Finance Commission 160. (1) Within six months of the commencing day and thereafter at intervals not exceeding five years, the President shall 1constitute a National Finance Commission consisting of the Minister of Finance of the Federal Government, the Ministers of Finance of the Provincial Governments, and such other persons as may be appointed by the President after consultation with the Gover nors of the Provinces. (2) It shall be the duty of the National Finance Commission to make recommendations to the President as to — (a) the distribution between the Federation and the Provinces of the net proceeds of the taxes mentioned in clause (3); (b) the ma king of grants -in-aid by the Federal Government to the Provincial Governments; (c) the exercise by the Federal Government and the Provincial Governments of the borrowing powers conferred by the Constitution; and (d) any other matter relating to finance referred to the Commission by the President. (3) The taxes referred to in paragraph (a) of clause (2) are the following taxes raised under the authority of 2[Majlis -e-Shoora (Parliament)], namely :— (i) taxes on income, including corporation tax but not including taxes on income consisting of remuneration paid out of the Federal Consolidated Fund ; 3[(ii) taxes on the sales and purchases of goods imported, exported, produced, manufactured or consumed ;] 1 For the notification constituting the National Finance Commission, see Gaz. of Pak. 1974, Ext., Part II. pp. 191-192. 2 See footnote 6 on pa ge 3, supra . 3 Subs. by the Constitution (Fifth Arndt.) Act, 1976 (62 of 1976), s. 3, for the "original paragraph (ii)", ( w.e.f. the 13th September, 1976). CONSTITU TION OF PAKISTAN 85 (iii) export duties on cotton, and such other export duties as may be specified by the President; (iv) such duties of excise as may be specified by the President; and (v) such other taxes as may be specified by the President. 1[(3A) The share of the Provinces, in each Award of National Finance Commission shall not be less than the share given to the Provinces in the previous Award. (3B) The Federal Finance Minister and Provincial Finance Ministers shall monitor the implementation of the Award biannually and lay their reports before both Houses of Majlis -e-Shoora (Parliament) a nd the Provincial Assemblies.] (4) As soon as may be after receiving the recommendations of the National Finance Commission, the President shall, by 2Order, specify, in accordance with the recommendations of the Commission under paragraph (a) of clause (2 ), the share of the net proceeds of the taxes mentioned in clause (3) which is to be allocated to each Province, and that share shall be paid to the Government of the Province concerned, and, notwithstanding the provision of Article 78 shall not form part of the Federal Consolidated Fund. (5) The recommendations of the National Finance Commission, together with an explanatory memorandum as to the action taken thereon, shall be laid before both Houses and the Provincial Assemblies. (6) At any time before a n Order under clause (4) is made, the President may, by Order, make such amendments or modifica tions in the law relating to the distribution of revenues between the Federal Government and the Provincial Governments as he may deem necessary or expedient. (7) The President may, by Order, make grants -in-aid of the revenues of the Provinces in need of assistance and such grants shall be charged upon the Federal Consolidated Fund. 1 New Clauses (3A), (3B) Ins. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 59 . 2 For such Order, see the Distribution of Revenues and Grants -in-Aid Order, 1975 (P. O. No. 2 of 1975). CONSTITU TION OF PAKISTAN 86 161. Natural gas and hydro -electric power 161. 1[(1) Notwithstanding the pro visions of Article 78 (a) the net proceeds of the Federal duty of excise on natural gas levied at well -head and collected by the Federal Government, and of the royalty collected by the Federal Government, shall not form part of the Federal Consolidated Fund a nd shall be paid to the Province in which the well -head of natural gas is situated. (b) the net proceeds of the Federal duty of excise on oil levied at well -head and collected by the Federal Government, shall not form part of the Federal Consolidated Fund and shall be paid to the Province in which the well -head of oil is situated. ] (2) The net profits earned by the Federal Government , or any undertaking established or administered by the Federal Government from the bulk generation of power at a hydro -electric station shall be paid to the Province in which the hydro -electric sta tion is situated. Explanation .—For the purposes of this clause "net profits" shall be computed by deducting from the revenues accruing from the bulk supply of power from the bus -bars o f a hydro -electric sta tion at a rate to be determined by the Council of Common Interests, the operating expenses of the station, which shall include any sums payable as taxes, duties, interest or return on investment, and depreciations and element of obso lescence, and over -heads, and provision for reserves. 162. Prior sanction of President required to Bills affecting taxation in which Provinces are interested 162. No Bill or amendment which imposes or varies a tax or duty the whole or part of the net pro ceeds whereof is assigned to any Province, or which varies the meaning of the expression "agricul tural income" as defined for the purposes of the enactments relat ing to income -tax, as defined for the purposes of the enactments relating to income -tax, or which affects the principles on which under any of the foregoing provisions of this Chapter moneys are or may be distributable to Provinces, shall be introduced or moved in the National Assembly except with the previous sanction of the President. 1 Subs. by the Act 10 of 2010, s. 60 for “clause (1)”. CONSTITU TION OF PAKISTAN 87 163. Provincial taxes in respect of professions, etc. 163. A Provincial Assembly may by Act impose taxes, not exceeding such limits as may from time to time be fixed by Act of 1[Majlis -e-Shoora (Parliament)], on persons engaged in profes sions, trades, callings or employments, and no such Act of the Assembly shall be regarded as imposing a tax on income. Miscellaneous Financial Provisions 164. Grants out of Consolidated Fund 164. The Federation or a Province may make grants for any pur pose, notwithstanding th at the purpose is not one with respect to which 1[Majlis - e-Shoora (Parliament)] or, as the case may be, a Provincial Assembly may make laws. 165. Exemption of certain public property from taxation 165. (1) The Federal Government shall not, in respect of its property or income, be liable to taxation under any Act of Provincial Assembly and, subject to clause (2), a Provincial Government shall not, in respect of its property or income, be liable to taxation under Act of 1[Majlis -e-Shoora (Parliament)] or un der Act of the Provincial Assembly of any other Province. (2) If a trade or business of any kind is carried on by or on behalf of the Government of a Province outside that Province, that Government may, in respect of any property used in connection with t hat trade or business or any income arising from that trade or business, be taxed under Act of 1[Majlis -e-Shoora (Parliament)] or under Act of the Provincial Assembly of the Province in which that trade or business is carried on. (3) Nothing in this Artic le shall prevent the imposition of fees for services rendered. 165A Power of Majlis -e-Shoora (Parliament ) to impose tax on the income of certain corporations, etc. 2 [165A. (1) For the removal of doubt, it is hereby declared that 1[Majlis -e-Shoora (Parl iament)] has, and shall be deemed always to have had, the power to make a law to provide for the levy and recovery of a tax 1 See footnote 6 on page 3, supra . 2 Added by the Constitution (Arndt.) Order. 1985 (P. O. No. 11 of 1985), Art. 2. CONSTITU TION OF PAKISTAN 88 on the income of a corporation, company or other body or institution established by or under a Federal law or a Provincial law or an existing law or a corporation, company or other body or institution owned or controlled, either directly or indirectly, by the Federal Government or a Provincial Government, regardless of the ultimate destination of such income. (2) All orders made, proc eedings taken and acts done by any authority or person, which were made, taken or done, or pur ported to have been made, taken or done, before the commence ment of the Constitution (Amendment) Order, 1985, in exercise of the powers derived from any law ref erred to in clause (1), or in execution of any orders made by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any court or tribunal, including the Supreme Court and a High Court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court, including the Supreme Court and a High Court, on any ground whatsoever. (3) Every judgement or order of any court or tribunal, including the Suprem e Court and a High Court, which is repugnant to the provisions of clause (1) or clause (2) shall be, and shall be deemed always to have been, void and of no effect whatsoever.] CHAPTER 2. – BORROWING AND AUDIT 166. Borrowing by Federal Government 166. The executive authority of the Federation extends to borrow ing upon the security of the Federal Consolidated Fund within such limits, if any, as may from time to time be fixed by Act of 1[Majlis -e-Shoora (Parliament)], and to the giving of guarantees with in such limits, if any, as may be so fixed. 167. Borrowing by Provincial Government 167. (1) Subject to the provisions of this Article, the executive authority of a Province extends to borrowing upon the security of the Provincial Consolidated Fund withi n such limits, if any, as may from time to time be fixed by Act of the Provincial Assembly, and to the giving of guarantees within such limits, if any, as may be so fixed. (2) The Federal Government may, subject to such conditions, if any, as it may think fit to impose, make loans to, or, so long as any limits 1 See footnote 6 on page 3, supra. CONSTITU TION OF PAKISTAN 89 fixed under Article 166 are not exceeded give guarantees in respect of loans raised by, any Province, and any sums required for the purpose of making loans to a Province shall be charged upon the Fed eral Consolidated Fund. (3) A Province may not, without the consent of the Federal Government, raise any loan if there is still outstanding any part of a loan made to the Province by the Federal Government, or in respect of which guarantee has been given by the Federal Government; and consent under this clause may be granted subject to such conditions, if any, as the Federal Government may think fit to impose. 1[(4) A Province may raise domestic or international loan, or give guarantees on the security o f the Provincial Consolidated Fund within such limits and subject to such conditions as may be specified by the National Economic Council.] Audit and Accounts 168. Auditor -General of Pakistan 168. (1) There shall be an Auditor -General of Pakistan, who s hall be appointed by the President. (2) Before entering upon office, the Auditor -General shall make before the Chief Justice of Pakistan oath in the form set out in the Third Schedule. 2(3) The Auditor -General shall, unless he sooner resigns or is remove d from office in accordance with clause (5), hold office for a term of four years from the date on which he assumes such office or attains the age of sixty -five years, whichever is earlier.] 3[(3A) The other terms and conditions of service of the Auditor - General shall be determined by Act of Majlis -e-Shoora (Parliament) ; and, until so determined, by Order of the President. ] (4) A person who has held office as Auditor -General shall not be eligible for further appointment in the service of Pakistan before the expiration of two years after he has ceased to hold that office. (5) The Auditor -General shall not be removed from office except in the like manner and on the like grounds as a Judge of the Supreme Court. (6) At any time when the office of the Auditor -General is 1 New clause (4) Ins. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 61. 2 Subs. ibid., s. 62, for “clause (3)”. 3 New clause (3A) Ins. by the Constitution (Eighteenth Amdt. ), Act, 2010, (10 of 2010), s. 62. CONSTITU TION OF PAKISTAN 90 vacant or the Auditor -General is absent or is unable to perform the functions of his office due to any cause, 1[the President may appoint the most senior officer in the Office of the Auditor -General to] a t as Auditor - General and perform the fun ctions of that office. 169. Functions and powers of Auditor -General 169. The Auditor -General shall, in relation to — (a) the accounts of the Federation and of the Provinces; and (b) the accounts of any authority or body established by the Federation or a Provin ce, perform such functions and exercise such powers as may be deter -mined by or under Act of 2[Majlis -e-Shoora (Parliament)] and, until so determined, by 3Order of the President. 170. Power of Auditor -General to give directions as to accounts 170. 4[(1)] The accounts of the Federation and of the Provinces shall be kept in such form and in accordance with such principles and methods as the Auditor -General may, with the approval of the President, prescribe. 4[(2) The audit of the accounts of the Federal and of the Provincial Governments and the accounts of any authority or body established by, or under the control of, the Federal or a Provincial Government shall be conducted by the Auditor -General, who shall determine the extent and nature of such audit.] 171. Reports of Auditor -General 171. The reports of the Auditor -General relating to the accounts of the Federation shall be submitted to the President, who shall cause them to be laid before the 5[both Houses of Majlis -e-Shoora (Parliament)] and the reports of the Auditor -General relating to the accounts of a Province shall be submitted to the Governor of the Province, who shall cause them to be laid before the Provincial Assembly. 1 Subs. ibid., for certain words. 2 See footnote 6 on page 3, supra . 3 For such Order, see the Pakistan (Audit and Accounts) Order, 1973 (P. O. No. 21 of 1973). 4 Re-numbered (1) and new clause (2) added by the Act 10 of 2010, s. 63. 5 Subs. ibid., s. 64, for “National Assembly”. CONSTITU TION OF PAKISTAN 91 CHAPTER 3. – PROPERTY, CONTRACTS, LIABILITIES AND SUITS 172. Ownerle ss property 172. (1) Any property which has no rightful owner shall, if located in a Province, vest in the Government of that Province, and in every other case, in the Federal Government. (2) All lands, minerals and other things of value within the conti nental shelf or underlying the ocean 1[beyond] the territorial waters of Pakistan shall vest in the Federal Government. 2[(3) Subject to the existing commitments and obligations, mineral oil and natural gas within the Province or the territorial water adjacent thereto shall vest jointly and equally in that Province and the Federal Government.] 173. Power to acquire property and to make contracts, etc. 173. (1) The executive authority of the Federation and of a Province shall extend, subject to any Act of the appropriate Legislature, to the grant, sale, disposition or mortgage of any property vested in, and to the purchase or acquisition of property on behalf of, the Federal Government or, as the case may be, the Provincial Government, and to the making of contracts. (2) All property acquired for the purposes of the Federation or of a Province shall vest in the Federal Government or, as the case may be, in the Provincial Government. (3) All contracts made in the exercise of the executive authority of the Federation or of a Province shall be expressed to be made in the name of the President or, as the case may be, the Governor of the Province, and all such contracts and all assurances of property made in the exercise of that authority shall be executed on b ehalf of the President or Governor by such persons and in such manner as he may direct or authorize. (4) Neither the President, nor the Governor of a Province, shall be personally liable in respect of any contract or assurance made or executed in the exer cise of the executive authority of the Federation or, as 1 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s.65, for “within”. 2 Ins. ibid. CONSTITU TION OF PAKISTAN 92 the case may be, the Province, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof. (5) Transfer of land by the F ederal Government or a Provincial Government shall be regulated by law. 174. Suits and proceedings 174. The Federation may sue or be sued by the name of Pakistan and a Province may sue or be sued by the name of the Province. ___________ CONSTITU TION OF PAKISTAN 93 PART VII The Judicature CHAPTER 1. – THE COURTS 175. Establishment and jurisdiction of courts 175. (1) There shall be a Supreme Court of Pakistan, a High Court for each Province 1[and a High Court for the Islamabad Capital Territory ] and such other courts as may b e estab lished by law. 2[Explanation .— The word “High Court” wherever occurring in the Constitution shall include the High Court for the Islamabad Capital Territory.] (2) No court shall have any jurisdiction save as is or may be conferred on it by the C onstitution or by or under any law. (3) The Judiciary shall be separated progressively from the Executive within 3[fourteen ] years from the commencing day: 4[Provided that the provisions of this Article shall have no application to the trial of persons u nder any of the Acts mentioned at serial No. 6, 7, 8 and 9 of sub -part III of Part I of the First Schedule, who claims, or is known, to belong to any terrorist group or organization using the name of religion or a sect. Explanation: In this proviso, the e xpression ‘sect’ means a sect of religion and does not include any religious or political party regulated under the Political Parties Order, 2002. ] 175A. Appointment of Judges to the Supreme Court, High Courts and the Federal Shariat Court 5[175A. (1) There shall be a Judicial Commission of Pakistan, hereinafter in this Article referred to as the Commission, for appointment of Judges of the Supreme Court, High Courts and the Federal Shariat Court, as hereinafter provided. (2) For appointment of Judges o f the Supreme Court, the Commission shall consist of — (i) Chief Justice of Paki stan; Chairman (ii) 6[four] most senior Judges of the Supreme Members Court; 1 Ins. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s.66. 2 Expla nation added ibid. 3 Subs. by P. O. No. 14 of 1985, Art. 2 and Sch., for "five". 4 Ins. by the Constitution (Twenty -first Amendment) Act, 2015 (I of 2015) and shall cease to form part of the Constitution and shall stand repealed on the expiration of two years. 5 New Article 175A ins. by Act 10 of 2010, s. 67. 6 Substituted by the Constitution (Nineteenth Amendment) Act, 2011 (1 of 2011) s. 4 for “two”. CONSTITU TION OF PAKISTAN 94 (iii) a former Chief Justice or a former Judge Member of the Supreme Court of Pakistan to b e nominated by the Chief Justice of Pakistan, in consultation with the 5[four] member Judges, for a term of two years; (iv) Federal Minister for Law and Justice; Member (v) Attorney -General for Pakistan; and Member (vi) a Senior Advocate of the Sup reme Court Member of Pakistan nominated by the Pakistan Bar Council for a term of two years. (3) Notwithstanding anything contained in clause (1) or clause (2), the President shall appoint the most senior Judge of the Supreme Court as the Chief Justice of Pakistan. (4) The Commission may make rules regulating its procedure. (5) For appointment of Judges of a High Court, the Commission in clause (2) shall also include the following, namely: — (i) Chief Justice of the High Court to which Member the appointment is being made; (ii) the most senior Judge of that High Court; Member (iii) Provincial Minister for Law; and Member 1[(iv) an advocate having not less than fifteen Member years practice in the High Court to be nominated by the concerned Bar Council for a term of two years : Provided that for appointment of the Chief Justice of a High Court, the most senior Judge mentioned in paragraph (ii) shall not be member of the Commission: Provided further that if for any reason the Chief Justice of High Court is not available, he shall be substituted by a former Chief Justice or former Judge of that Court, to be nominated by the Chief Justice of Pakistan in consultation with the four member Judges of the Commission mentioned in paragraph (ii) o f clause (2).] (6) For appointment of Judges of the Islamabad High Court, the Commission in clause (2) shall also include the following, namely: — (i) Chief Justice of the Islamabad High Court; Member and (ii) the most senior Judge of that High Cour t: Member 1 Substituted by the Constitution (Nineteenth Amendment) Act, 2011 (1 of 2011) s. 4. CONSTITU TION OF PAKISTAN 95 Provided that for initial appointment of the 1[Chief Justice and the] Judges of the Islamabad High Court, the Chief Justices of the four Provincial High Courts shall also be members of the Commission: Provided further that subject to the for egoing proviso, in case of appointment of Chief Justice of Islamabad High Court, the provisos to clause (5) shall, mutatis mutandis , apply. (7) For appointment of Judges of the Federal Shariat Court, the Commission in clause (2) shall also include the Ch ief Justice of the Federal Shariat Court and the most senior Judge of that Court as its members: Provided that for appointment of Chief Justice of Federal Shariat Court, the provisos, to clause (5) shall, mutatis mutandis , apply. (8) The Commission by m ajority of its total membership shall nominate to the Parliamentary Committee one person, for each vacancy of a Judge in the Supreme Court, a High Court or the Federal Shariat Court, as the case may be. (9) The Parliamentary Committee, hereinafter in this Article referred to as the Committee, shall consist of the following eight members, namely: — (i) four members from the Senate; and (ii) four mem bers from the National Assembly: 1[Provided that when the National Assembly is dissolved, the total members hip of the Parliamentary Committee shall consist of the members from the Senate only mentioned in paragraph (i) and the provisions of this Article shall, mutatis mutandis , apply.] (10) Out of the eight members of the Committee, four shall be from the Trea sury Benches, two from each House and four from the Opposition Benches, two from each House. The nomination of members from the Treasury Benches shall be made by the Leader of the House and from the Opposition Benches by the Leader of the Opposition. (11) Secretary, Senate shall act as the Secretary of the Committee. (12) The Committee on receipt of a nomination from the Commission may confirm the nominee by majority of its total membership 1 Substituted by the Constitution (Nineteenth Amendment) Act, 2011 (1 of 2011) s. 4. CONSTITU TION OF PAKISTAN 96 within fourteen days, failing which the nomination shall be deem ed to have been confirmed: 1[Provided that the Committee, for reasons to be recorded, may not confirm the nomination by three -fourth majority of its total membership within the said period:] 2[Provided further that if a nomination is not confirmed by the Committee it shall forward its decision with reasons so recorded to the Commission through the Prime Minister: Provided further that if a nomination is not confirmed, the Commission shall send another nomination .] 1[(13) The Committee shall send the nam e of the nominee confirmed by it or deemed to have been confirmed to the Prime Minister who shall forward the same to the President for appointment .] (14) No action or decision taken by the Commission or a Committee shall be invalid or called in question only on the ground of the existence of a vacancy therein or of the absence of any member from any meeting thereof. 2[(15) The meetings of the Committee shall be held in camera and the record of its proceedings shall be maintained. (16) The provisions of Article 68 shall not apply to the proceedings of the Committee. ] 2[(17)] The Committee may make rules for regulating its procedure. CHAPTER 2. – THE SUPREME COURT OF PAKISTAN 176. Constitution of Supreme Court 176. The Supreme Court shall consist of a Chief Justice to be known as the Chief Justice of Pakistan and so many other Judges as may be determined by Act of 3[Majlis -e-Shoora (Parliament)] or, until so determined, as may be fixed by the President. 177. Appointment of Supreme Court Judges 177. 4[(1) The Chief Justice of Pakistan and each of the other Judges of the Supreme Court shall be appointed by the President in accordance with Article 175A .]. 1 Substituted by the Constitution (Nineteenth Ame ndment) Act, 2011 (1 of 2011) s. 4. 2 Inserted and re -numbered by Act 1 of 2011 s. 4. 3 See footnote 6 on page 3 , supra . 4 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s.68, for “clause (1)”. CONSTITU TION OF PAKISTAN 97 (2) A person shall not be appointed a Judge of the Supreme Court unless he is a citizen of Pakistan and— (a) has for a period of, or for periods aggregating, not less than five years been a judge of a High Court (including a High Court which existed in Pakistan at any time before the commencing day); or (b) has for a period of, or for periods aggregating, not less than fifteen years been an advocate of a High Court (including a High Court which existed in Pakistan at any time before the commencing day). 178. Oath of Office 178. Before entering upon office, the Chief Justice of Pakistan shall make before the P resident, and any other Judge of the Supreme Court shall make before the Chief Justice, oath in the form set out in the Third Schedule. 179. Retiring age 1[179. A Judge of the Supreme Court shall hold office until he attains the age of sixty -five years, unless he sooner resigns or is removed from office in accordance with the Constitution.]. 180. Acting Chief Justice 180. At any time when — (a) the office of Chief Justice of Pakistan is vacant; or (b) the Chief Justice of Pakistan is absent or is unable to perform the functions of his office due to any other cause, the President shall appoint 2[the most senior of the other Judges of the Supreme Court] to act as Chief Justice of Pakistan. 181. Acting Judges 181. (1) At any time when — (a) the office of a Judge of the Supreme Court is vacant ; or (b) a Judge of the Supreme Court is absent or is unable to perform the functions of his office due to any other cause, 1 Article 179 subs. by the Constitution (Seventeenth Arndt.) Act, 2003 (3 of 2003), s.6. which was previously amended by various enactments ( see also Article 267B). 2 Subs. by P. O. No. 14 of 1985. Art. 2 and Sch., for certain words. CONSTITU TION OF PAKISTAN 98 the President may, in the manner provided in clause (1) of Article 177, appoint a Judge of a High Court w ho is quali fied for appointment as a Judge of the Supreme Court to act temporarily as a Judge of the Supreme Court. 1[Explanation .—In this clause, ‘Judge of a High Court’ includes a person who has retired as a Judge of a High Court.] (2) An appointment under this Article shall continue in force until it is revoked by the President. 182. Appointment of ad-hoc Judges 182. If at any time it is not possible for want of quorum of Judges of the Supreme Court to hold or continue any sitting of the Court, or f or any other reason it is necessary to increase temporarily the number of Judges of the Supreme Court, the Chief Justice of Pakistan 2[, in Consultation with the Judicial Commission as provided in clause (2) of Article 175A,] may, in writing, — (a) with the ap proval of the President, request any person who has held the office of a Judge of that Court and since whose ceasing to hold that office three years have not elapsed ; or (b) with the approval of the President and with the consent of the Chief Justice of a Hi gh Court, require a Judge of that Court qualified for appointment as a judge of the Supreme Court, to attend sittings of the Supreme Court as an ad hoc Judge for such period as may be necessary and while so attending an ad hoc Judge shall have the same po wer and jurisdiction as a Judge of the Supreme Court. 183. Seat of the Supreme Court 183. (1) The permanent seat of the Supreme Court shall, subject to clause (3), be at Islamabad. (2) The Supreme Court may from time to time sit in such other places as the Chief Justice of Pakistan, with the approval of the President, may appoint. (3) Until provision is made for establishing the Supreme Court at Islamabad, the seat of the Court shall be at such place as the President may 3appoint. 1 Explanation added by the Constitution (Amdt.) Order, 1982 (P. O. No. 2 of 1982), Art. 2. 2 Inserted by the Con stitution (Nineteenth Amendment) Act, 2011 (1 of 2011) s. 5. 3 For appointme nt of Rawalpindi as the seat of the Supreme Court, see Gaz. of Pak., 1974, Pt. 11, p. 1387. CONSTITU TION OF PAKISTAN 99 184. Original Jurisdic tion of Supreme Court 184. (1) The Supreme Court shall, to the exclusion of every other court, have original jurisdiction in any dispute between any two or more Governments. Explanation .—In this clause, "Governments" means the Federal Government and the Provincial Governments. (2) In the exercise of the jurisdiction conferred on it by clause (1), the Supreme Court shall pronounce declaratory judge ments only. (3) Without prejudice to the provisions of Article 199, the Supreme Court shall, if it consider s that a question of public impor tance with reference to the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II is involved, have the power to make an order of the nature mentioned in the said Article. 185. Appellate jurisdict ion of Supreme Court 185. (1) Subject to this Article, the Supreme Court shall have jurisdiction to hear and determine appeals from judgements, decrees, final orders or sentences of a High Court. (2) An appeal shall lie to the Supreme Court from any judgement, decree, final order or sentence of a High Court — (a) if the High Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to transportation for life or imprisonment for life ; or, on revision, has enhanced a sentence to a sen tence as aforesaid ; or (b) if the High Court has withdrawn for trial before itself any case from any court subordinate to it and has in such trial convicted the accused person and sentenced him as aforesaid ; or (c) if the High Court has impo sed any punishment on any person for contempt of the High Court; or (d) if the amount or value of the subject -matter of the dis pute in the court of first instance was, and also in dis pute in appeal is, not less than fifty thousand rupees or such other sum a s may be specified in that behalf by Act of 1[Majlis -e- 1 See footnote 6 on page 3, supra . CONSTITU TION OF PAKISTAN 100 Shoora (Parliament)] and the judg ment, decree or final order appealed from has varied or set aside the judgment , decree or final order of the court immediately below ; or (e) if the judgment , decree or f inal order involves directly or indirectly some claim or question respecting property of the like amount or value and the judgment , decree or final order appealed from has varied or set aside the judgment , decree or final order of the court immediately below; or (f) if the High Court certifies that the case involves a sub - stantial question of law as to the interpretation of the Constitution. (3) An appeal to the Supreme Court from a judgment decree, order or sentence of a High Court in a case to which cl ause (2) does not apply shall lie only if the Supreme Court grants leave to appeal. 186. Advisory Jurisdiction 186. (1) If, at any time, the President considers that it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration. (2) The Supreme Court shall consider a question so referred and report its opinion on the question to the President. 186A. Power of Supreme Court to tran sfer cases 1[186A. The Supreme Court may, if it considers it expedient to do so in the interest of justice, transfer any case, appeal or other pro ceedings pending before any High Court to any other High Court.] 187. Issue and execution of processes of S upreme Court 187. (1) 2[Subject to clause (2) of Article 175, the] Supreme Court shall have power to issue such directions, orders or decrees as may be necessary for doing complete justice in any case or matter pending before it, including an order for t he purpose of secur ing the attendance of any person or the discovery or production of any document. 1 New Art. 186A ins. by P. O. No 14 of 1985, Art. 2 and Sch., 2 Subs. by the Constitution (Fifth Amdt.) Act, 1976 (62 of 1976) , s. 7, for "The" (w.e.f. the 13th September, 1976). CONSTITU TION OF PAKISTAN 101 (2) Any such direction, order or decree shall be enforceable throughout Pakistan and shall, where it is to be executed in a Province, or a territory or an area not forming part of a Province but within the jurisdiction of the High Court of the Province, be executed as if it had been issued by the High Court of that Province. (3) If a question arises as to which High Court shall give effect to a direction, order or decree of the Supreme Court, the decision of the Supreme Court on the question shall be final. 188. Review of judgments of orders by the Supreme Court 188. The Supreme Court shall have power, subject to the provisions of any Act of 1[Majlis -e-Shoora (Parliament)] and of any rules made by the Supreme Court, to review any judgment pronounced or any order made by it. 189. Decisions of Supreme Court binding on other Courts 189. Any decision of the Supreme Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other courts in Pakistan. 190. Action in aid of Supreme Court 190. All executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court. 191. Rules of procedure 191. Subject to the Constitution and law, the Supreme Court may make rules regulating the practice and procedure of the Court. CHAPTER 3. – THE HIGH COURTS 192. Constitution of High Court 192. (1) A High Court shall consist of a Chief Justice and so many other Judges as may be determined by law or, until so determined, as may be fixed by the President. 2[(2) The Sind and Baluchistan High Court shall cease to function as a common High Court for the Provinces of Baluchistan and Sind. 1 See footnote 6 on page 3, supra . 2 Subs. by the Constitution (Fifth Amdt.) Act, 1976 (62 of 1976), s. 8, for the "original clauses (2) to (4)" (w.e.f. the 1st December, 1976). CONSTITU TION OF PAKISTAN 102 (3) The President shall, by 1Order, establish a High Court for each of the Provinces of Baluchistan and Sind and may make such provision in the Order for the principal seats of the two High Courts, transfer of the Judges of the common High Court, trans fer of cases pending in the common High Court immediately before the establishment of two High Courts and, generally, for matters consequential or ancillary to the common High Court ceasing to function and the establishment of the two High Courts as he may deem fit.] (4) The jurisdiction of a High Court may, by Act of 2[Majlis -e- Shoora (Parliament)], be extended to any area in Pakistan not forming part of a Province. 193. Appointment of High Court Judges 193. 3[(1) The Chief Justice and each of other Jud ges of a High Court shall be appointed by the President in accordance with Article 175A.] (2) A person shall not be appointed a Judge of a High Court unless he is a citizen of Pakistan, is not less than 4[forty -five] years of age, and— (a) he has for a perio d of, or for periods aggregating, not less than ten years been an advocate of a High Court (including a High Court which existed in Pakistan at any time before the commencing day); or (b) he is, and has for a period of not less than ten years been, a member o f a civil service prescribed by law for the purposes of this paragraph, and has, for a period of not less than three years, served as or exercised the functions of a District Judge in Pakistan; or (c) he has, for a period of not less than ten years, held a judicial office in Pakistan. 5[Explanation .—In computing the period during which a person has been an advocate of a High Court or held judicial office, there shall be included any period during which he has held judicial office after he 1 For such Order, in r espect of establishment of High Courts for Baluchistan and Sind, see the P O. No. 6 of 1976, dated the 29th November, 1976, see Gaz. of Pak. 1976, Ext., Pt. 1, pp.595 —599. 2 See footnote 6 on page 3, supra . 3 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s.69, for “clause (1). 4 Subs. ibid. for “forty” and shall be deemed always to have been so, subs. with effect from 21st day of August, 2002. 5 Explanation added by the Constitution (First Arndt.) Act, 1974 (33 of 1974), s. 8, (w. e.f. the 4th May, 1974). CONSTITU TION OF PAKISTAN 103 became an advocate o r, as the case may be, the period during which he has been an advocate after having held judicial office.] (3) In this Article, "District Judge" means Judge of a prin cipal civil court of original jurisdiction. 194. Oath of Office 194. Before entering u pon office, the Chief Justice of a High Court shall make before the Governor, and any other Judge of the Court shall make before the Chief Justice, oath in the form set out in the Third Schedule 1[:] 2[Provided that the Chief Justice of the Islamabad Hig h Court shall make oath before the President and other Judges of that Court shall make oath before the Chief Justice of the Islamabad High Court.] 195. Retiring age 3[195. A Judge of a High Court shall hold office until he attains the age of sixty -two ye ars, unless he sooner resigns or is removed from office in accordance with the Constitution]. 196. Acting Chief Justice 196. At any time when — (a) the office of Chief Justice of a High Court is vacant, or (b) the Chief Justice of a High Court is absent or is unable to perform the functions of his office due to any other cause, the President shall appoint 4[one of the other Judges of the High Court, or may request one of the Judges of the Supreme Court], to act as Chief Justice. 197. Additional Judges 197. At any time when — (a) the office of a Judge of a High Court is vacant ; or 1 Subs. by Act No. 10 of 2010, s. 70, for the full -stop. 2 New proviso added ibid. 3 Article 195 subs. by the Constitution (Seventeenth Amdt.) Act, 2003 (3 of 2003), s.7 which was previously amended by various enactments ( see also Article 267B). 4 Subs. by P.O. No. 14 of 1985 Art. 2 and Sch., for certain words. CONSTITU TION OF PAKISTAN 104 (b) a Judge of a High Court is absent or is unable to perform the functions of his office due to any other cause ; or (c) for any reason it is necessary to increase the number of Judges of a High Court, the President may, in the manner provided in clause (1) of Article 193, appoint a person qualified for appointment as a Judge of the High Court to be Additional Judge of the Court for such period as the President may determine, being a period n ot exceeding such period, if any, as may be prescribed by law. 198. Seat of the High Court 198. 1[(l)] Each High Court in existence immediately before the commencing day shall continue to have its principal seat at the place where it had such seat before that day. 2[(1A) The High Court for Islamabad Capital Territory shall have its principal seat at Islamabad.] 3[(2) Each High Court and the Judges and divisional courts thereof shall sit at its principal seat and the seats of its Benches and may hold, a t any place within its territorial jurisdiction, circuit courts consisting of such of the Judges as may be nominated by the Chief Justice. (3) The Lahore High Court shall have a Bench each at Bahawalpur, Multan and Rawalpindi; the High Court of Sind h shall have a Bench at Sukkur; the Peshawar High Court shall have a Bench each at Abbottabad 4[, Mingora] and Dera Ismail Khan and the High Court of Baluchistan shall have a Bench at Sibi 5[and Turbat .] (4) Each of the High Courts may have Benches at such othe r places as the Governor may determine on the advice of the Cabinet and in consultation with the Chief Justice of the High Court. (5) A Bench referred to in clause (3), or established under clause (4), shall consist of such of the Judges of the High Court as may be nominated by the Chief Justice from time to time for a period of not less than one year. 1 Re-numbered (1) ibid., 2 New clause (1A) ins. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 71. 3 Added by P. O. No. 14 of 1985, Art. 2 and Sch. 4 Ins. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 71. 5 Added ibid. CONSTITU TION OF PAKISTAN 105 (6) The Governor in consultation with the Chief Justice of the High Court shall make rules to provide the following matters, that is to say,— (a) assigning th e area in relation to which each Bench shall exercise jurisdiction vested in the High Court; and (b) for all incidental, supplemental or consequential matters.] 199. Jurisdiction of High Court 199. (1) Subject to the Constitution, a High Court may, if it i s satisfied that no other adequate remedy is provided by law ,— (a) on the application of any aggrieved party, make an order — (i) directing a person performing, within the ter ritorial jurisdiction of the Court, functions in connection with the affairs of the Federation, a Province or a local authority, to refrain from doing anything he is not permitted by law to do, or to do anything he is required by law to do; or (ii) declaring that any act done or proceeding taken within the territorial jurisdiction o f the Court by a person performing functions in connection with the affairs of the Federation, a Province or a local authority has been done or taken without lawful authority and is of no legal effect; or (b) on the application of any person, make an ord er— (i) directing that a person in custody within the terri - torial jurisdiction of the Court be brought before it so that the Court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner; or (ii) requi ring a person within the territorial jurisdic tion of the Court holding or purporting to hold a public office to show under what authority of law he claims to hold that office ; or (c) on the application of any aggrieved person, make an order giving such directions to any person or authority, including CONSTITU TION OF PAKISTAN 106 any Government exercising any power or performing any function in, or in relation to, any terri tory within the jurisdiction of that Court as may be appropriate for the enforcement of any of the Fundamental Rights conferred by