Article 2 of the Constitution of Pakistan

13 Clauses (4C) and (5) omitted ibid. 14 Subs. by the Constitution (Second Amdt.) Order, 1982 (P. O. No. 5 of 1982), Art. 3, for "Chairman". CONSTITU TION OF PAKISTAN 111 (7) Before entering upon office, the 1[Chief Justice] and a 1[Judge] shall make before the President or a person nominated by him oath in the form set out in the Third Schedule. (8) At any time when the 1[Chief Justice] or a 2[Judge] is absent or is unable to perform the functions of his office, the President shall appoint another person qualified for the purpose to act as 1[Chief Justice] or, as the case may be, 2[Judge]. 2[(9) A Chief Justice who is not a Judge of the Supreme Court shall be entitled to the same remuneration, allowances and privileges as are admissible to a Judge of the Supreme Court and a Judge who is not a Judge of a High Court shall be entitled to the same remuneration, allowances and privileges as ar e admissible to a Judge of a High Court: Provided that where a Judge is already drawing a pension for any other post in the service of Pakistan, the amount of such pension shall be deducted from the pension admissible under this clause.] 203CC. [Omitted ] 203CC. [Penal of Ulema and Ulema members.] Omitted by the Constitution (Second A mdt.) Orde r, 1981 (P.O. No. 7 of 1981), Art. 3, which was previous ly ins. by P.O. No. 5 of 1981, Art. 2. 203D. Powers, jurisdiction and functions of the Court 203D. (1) The C ourt may, 3[either of its own motion or] on the petition of a citizen of Pakistan or the Federal Government or a Provincial Government, examine and decide the question whether or not any law or provision of law is repugnant to the Injunctions of Islam, as laid down in the Holy Quran and the Sunnah of the Holy Prophet, hereinafter referred to as the Injunctions of Islam. 4[(1A) Where the Court takes up the examination of any law or provision of law under clause (1) and such law or provision of law appears to it to be repugnant to the Injunctions of Islam, the Court shall cause to be given to the Federal Government in the case of a law with respect to a matter in the Federal Legislative List 5* * * or to the Provincial Government in the case of a law with r espect to a matter not enumerated 6[in the Federal Legislative List], a notice specifying the particular provisions that appear to it to be so repugnant, and afford to such 1 Subs. ibid., for "members". 2 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 74, and shall be deemed always to have been so, subs. with affect from the 21st day of August 2002 for “clause (9)”. 3 Ins. by the Constitution (Second Amdt.) Order, 1982 (5 of 1982), Art. 4. 4 Ins. by the Constitution (Amdt.) Order, 1984 (P. O. No. 1 of 1984), Art. 2. 5 The words “or the Concurrent Legislative List” omitted by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 75. 6 Subs. ibid., for the wor ds “in the either of those lists”. CONSTITU TION OF PAKISTAN 112 Government adequate opportunity to have its point of view placed before the Court.] (2) If the Court decides that any law or provision of law is repugnant to the Injunctions of Islam, it shall set out in its deci sion :— (a) the reasons for its holding that opinion; and (b) the extent to which such law or provision is so repug nant; and spe cify the day on which the decision shall take effect 1[:] 2[Provided that no such decision shall be deemed to take effect before the expiration of the period within which an appeal therefrom may be preferred to the Supreme Court or, where an appeal has be en so preferred, before the disposal of such appeal.] (3) If any law or provision of law is held by the Court to be repugnant to the Injunctions of Islam ,— (a) the President in the case of a law with respect to a matter in the Federal Legislative List 3* * * or the Governor in the case of a law with respect to a matter not enumerated in 4[said List] shall take steps to amend the law so as to bring such law or provision into confor mity with the Injunctions of Islam; and (b) such law or provision shall, to the extent to which it is held to be so repugnant, cease to have effect on the day on which the decision of the Court takes effect. 5* * * * * * * * * 203DD. Revisional and other jurisdiction of the Court 6[203DD. (1) The Court may call for and examine t he record of any case decided by any criminal court under any law relating to the enforcement of 1 Subs. and shall be deemed always to have been so subs. by the Constitution (Amdt.) order, 1984 (P.O. No. 1 of 1984), Art. 2, for the full stop. 2 Proviso added and shall be deemed always to have been so added ibid. 3 The words “or the Concurrent Legislative List” stand omitted as consequence of the (Eighteenth Amdt.) Act, 2010 (10 of 2010), see section 2. 4 Subs. ibid., for “Either of those Lists”. 5 Clause (4) omitted by the Constitution (Second Amdt.) Order, 1980 (P. O. No. 4 of 1980), Art. 3. 6 Subs. by the Constitution (Second Amdt.) Order, 1982 (P. O. No. 5 of 1982), Art. 5, for "Article 203DD", which was previously ins. by P. O. No. 4 of 1980, Art. 3. CONSTITU TION OF PAKISTAN 113 Hudood for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sen tence or order recorded or passed by, and as to the regularity of any proceedings of, such court and may, when calling for such record, direct that the execution of any sentence be suspended and, if the accused is in confinement, that he be released on bail or on his own bond pending the examination of th e record. (2) In any case the record of which has been called for by the Court, the Court may pass such order as it may deem fit and may enhance the sentence: Provided that nothing in this Article shall be deemed to authorise the Court to convert a findi ng of acquittal into one of conviction and no order under this Article shall be made to the prejudice of the accused unless he has had an opportunity of being heard in his own defence. (3) The Court shall have such other jurisdiction as may be conferred o n it by or under any law.] 203E. Powers and procedure of the Court 203E. (1) For the purposes of the performance of its functions, the Court shall have the powers of a Civil Court trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely: — (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; and (d) issuing commissions for the examina tion of witnesses or documents. (2) The Court shall have power to conduct its proceedings and regulate its procedure in all respects as it deems fit. (3) The Court shall have the power of a High Court to punish its own contempt. (4) A party to any proce edings before the Court under clause (1) of Article 203D may be represented by a legal practi tioner who is a Muslim and has been enrolled as an advocate of a High Court for a period of not less than five years or as an advocate of the Supreme Court or by a CONSTITU TION OF PAKISTAN 114 jurisconsult selected by the party from out of a panel of jurisconsults maintained by the Court for the purpose. (5) For being eligible to have his name borne on the panel of jurisconsults referred to in clause (4), a person shall be an aalim who, in the opinion of the Court, is well -versed in Shariat. (6) A legal practitioner or jurisconsult representing a party before the Court shall not plead for the party but shall state, expound and interpret the Injunctions of Islam relevant to the proceedings so far as may be known to him and submit to the Court a written statement of his interpretation of such Injunctions of Islam. (7) The Court may invite any person in Pakistan or abroad whom the Court considers to be well -versed in Islamic law to appear before it and render such assistance as may be required of him. (8) No court fee shall be payable in respect of any petition or application made to the Court under 1[Article 203D.] 2[(9) The Court shall have power to review any decision given or order made by it.] 203F. Appeal to Supreme Court 203F. (1) Any party to any proceedings before the Court under Article 203D aggrieved by the final decision of the Court in such proceedings may, within sixty days of such decision, prefer an appeal to the Supreme Court [:]3 4[Provided that an appeal on behalf of the Federation or of a Province may be preferred within six months of such decision.] (2) The provisions of clauses (2) and (3) of Article 203D and clauses (4) to (8) of Article 203E shall apply to and in rela tion to the Supreme Court as if reference in those provisions to Court were a reference to the Supreme Court . 5[(2A) An appeal shall lie to the Supreme Court from any judgment, final order or sentence of the Federal Shariat Court — 1 Subs. by the Constitution (Second Amdt.) Order, 1980 (P. O. No. 4 of 1980), Art.. 5, for "this Article". 2 New clause (9) added by the Constitution (Amdt.) Order, 1981 (P. O. No. 5 of 1981), Art. 3. 3 Subs. by the Constitution (Third Arndt.) Order, 1983 (P. O. No. 9 of 1983), Art. 2, for the full -stop. 4 Proviso added ibid. 5 New "clauses (2A) and (2B)" ins. by the Constitution (Second Amdt.) Order, 1982 (P. O. No. 5 of 1982), Art. 6. CONSTITU TION OF PAKISTAN 115 (a) if the Federal Shariat Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death or imprisonment for life or imprisonment for a term exceeding fourteen years; or, on revision, has enhanced a sentence as aforesaid; or (b) if the Federal Shari at Court has imposed any punish ment on any person for contempt of the Court. (2B) An appeal to the Supreme Court from a judgment, decision, order or sentence of the Federal Shariat Court in a case to which the preceding clauses do not apply shall lie onl y if the Supreme Court grants leave to appeal.] 1[(3) For the purpose of the exercise of the jurisdiction con ferred by this Article, there shall be constituted in the Supreme Court a Bench to be called the Shariat Appellate Bench and con sisting of — (a) three Muslim Judges of the Supreme Court; and (b) not more than two Ulema to be appointed by the President to attend sittings of the Bench as ad hoc members thereof from amongst the Judges of the Federal Shariat Court or from out of a panel of Ulema to be drawn up by the President in consultation with the Chief Justice. (4) A person appointed under paragraph (b) of clause (3) shall hold office for such period as the President may determine. (5) Reference in clauses (1) and (2) to "Supreme Court" shall be constr ued as a reference to the Shariat Appellate Bench. (6) While attending sittings of the Shariat Appellate Bench, a person appointed under paragraph (b) of clause (3) shall have the same power and jurisdiction, and be entitled to the same privileges, as a J udge of the Supreme Court and be paid such allowances as the President may determine.] 203G. Bar of jurisdiction 203G. Save as provided in Article 203F, no court or tribunal, including the Supreme Court and a High Court, shall entertain any proceedings o r exercise any power or jurisdiction in respect of any matter within the power or jurisdiction of the Court. 1 Subs. by the Constitution (Third Amdt.) Order, 1982 (P. O. No. 12 of 1982), Art. 2, for "clause (3)". CONSTITU TION OF PAKISTAN 116 203GG. Decision of Court binding on High Court and courts subordinate to it 1[203GG. Subject to Articles 203D and 203F, any decision of the Cour t in the exercise of its jurisdiction under this Chapter shall be binding on a High Court and on all courts subordinate to a High Court.] 203H. Pending proceedings to continue, etc. 203H. (1) Subject to clause (2) nothing in this Chapter shall be deemed to require any proceedings pending in any court or tribunal immediately before the commencement of this Chapter or initiated after such commencement, to be adjourned or stayed by reason only of a petition having been made to the Court for a decision as to whether or not a law or provision of law relevant to the decision of the point in issue in such proceedings is repug nant to the Injunctions of Islam; and all such proceedings shall continue, and the point in issue therein shall be decided, in accor dance with the law for the time being in force. (2) All proceedings under clause (1) of Article 203B of the Constitution that may be pending before any High Court imme diately before the commencement of this Chapter shall stand transferred to the Court and shal l be dealt with by the Court from the stage from which they are so transferred. (3) Neither the Court nor the Supreme Court shall in the exercise of its jurisdiction under this Chapter have power to grant an injunction or make any interim order in relatio n to any pro ceedings pending in any other court or tribunal. 203I. [Administrative arrangements, etc. ,] Omitted by the Constitution (Second Amdt.) Order, 1982, (P.O. No. 5 of 1982), Art. 8. 203J. Power to make rules 203J. (1) The Court may, by notifica tion in the official Gazette, make rules for carrying out the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may make provision in respect of all or any of the following matters, name ly :— (a) the scale of payment of honoraria to be made to jurisconsults, experts and witnesses summoned by the Court to defray the expenses, if any, incurred by them in 1 New Article 203GG ins. by the Constitution (Second Amdt.) Order, 1982 (P. O. No. 5 of 1982), Art. 7. CONSTITU TION OF PAKISTAN 117 attending for the purposes of the proceedings before the Court; *1 (b) the form of oath to be made by a Jurisconsult, expert or witness appearing before the Court 2[ ; ] 3[(c) the powers and functions of the Court being exercised or performed by Benches consisting of one or more members constituted by the Chairman; (d) the decision of the Court bei ng expressed in terms of the opinion of the majority of its members or, as the case may be, of the members constituting a Bench; and (e) the decision of cases in which the members constitut ing a Bench are equally divided in their opinion.] (3) Until rules a re made under clause (1), the Shariat Benches of Superior Courts Rules, 1979, shall, with the neces sary modifications and so far as they are not inconsistent with the provisions of this Chapter, continue in force.] CHAPTER 4. – GENERAL PROVISIONS RELATIN G TO THE JUDICATURE 204. Contempt of Court 4[204. (1) In this Article, "Court" means the Supreme Court or a High Court. (2) A Court shall have power to punish any person who — (a) abuses, interferes with or obstructs the process of the Court in any way or d isobeys any order of the Court ; (b) scandalizes the Court or otherwise does anything which tends to bring the Court or a Judge of the Court into hatred, ridicule or contempt; (c) does anything which tends to prejudice the determina - tion of a matter pending befo re the Court; or (d) does any other thing which, by law, co nstitutes contempt of the Court. 1 The word "and" omitted by the Constitution (Second Amdt.) Order, 1980 (P. O. No. 4 of 1980), Art. 6. 2 Subs. ibid., for the full -stop. 3 Paragraphs (c), (d) and (e) ad ded ibid. 4 Subs. by P O. No. 14 of 1985, Art. 2 and Sch., for "Article 204". CONSTITU TION OF PAKISTAN 118 (3) The exercise of the power conferred on a Court by this Article may be regulated by law and, subject to law, by rules made by the Court.] 205. Remuneration etc., o f judges 205. The remuneration and other terms and conditions of service of a Judge of the Supreme Court or of a High Court shall be as provided in the Fifth Schedule. 206. Resignation 206. 1[(1)] A Judge of the Supreme Court or of a High Court may Resignation. resign his office by writing under his hand addressed to the President. 2[(2) A Judge of a High Court who does not accept appoint ment as a Judge of the Supreme Court shall be deemed to have retired from his office and, on such retirement, shall be entitled to receive a pension calculated on the basis of the length of his service as Judge and total service, if any, in the service of Pakistan.] 207. Judge not to hold office of profit, etc. 207. (1) A Judge of the Supreme Court or of a High Court shall not— (a) hold any other office of profit in the service of Pakistan if his remuneration is thereby increased; or (b) occupy any other position carrying the right to remu - neration for the rendering of services. (2) A person who has held office as a Judge of the Supreme Court or of a High Court shall not hold any office of profit in the service of Pakistan, not being a judicial or quasi -judicial office or the office of Chief Election Commissioner or of Chairman or member of a Law Commission or of Ch airman or member of the Council of Islamic Ideology, before the expiration of two years after he has ceased to hold that office. (3) A person who has held office as a permanent Judge — (a) of the Supreme Court, shall not plead or act in any court or before an y authority in Pakistan; 1 Article 206 renumbered as clause (1) of that Article, by the Constitution (Fifth Amdt.) Act, 1976 (62 of 1976), s. 14, (w.e.f. the 13th September, 1976). 2 New clause (2) ad ded ibid. CONSTITU TION OF PAKISTAN 119 (b) of a High Court, shall not plead or act in any court or before any authority within its jurisdiction; and (c) of the High Court of West Pakistan as it existed immediately before the coming into force of the Province of West Pakistan (Dissolution) Order, 1970, shall not plead or act in any court or before any authority within the jurisdiction of the principal seat of that High Court or, as the case may be, the perma nent bench of that High Court to which he was assigned. 208. Officers and servants of Courts 208. The Supreme Court 1[and the Federal Shariat Court], with the approval of the President and a High Court, with the approval of the Governor concerned, may make rules providing for the appointment by the Court of officers and se rvants of the Court and for their terms and conditions of employment. 209. Supreme Judicial Council 209. (1) There shall be a Supreme Judicial Council of Pakistan, in this Chapter referred to as the Council. (2) The Council shall consist of — (a) the Chief Justice of Pakistan ; (b) the two next most senior Judges of the Supreme Court; and (c) the two most senior Chief Justices of High Courts. Explanation .—For the purpose of this clause, the inter se seniority of the Chief Justices of the High Courts shall be deter mined with reference to their dates of appointment as Chief Justice 2[otherwise than as acting Chief Justice], and in case the dates of such appointment are the same, with reference to their dates of appointment as Judges of any of the High Courts. (3) If at any time the Council is inquiring into the capacity or conduct of a Judge who is a member of the Council, or a member of the Council is absent or is unable to act due to illness or any other cause, then— 1 Ins. by the Constitution (Second Amdt.) Order, 1982 (P. O. No. 5 of 1982) Art. 9. 2 Ins. by the Constitution (First Amdt.) Act, 1974 (33 of 1974), s. 11, (w.e.f. the 4th May, 1974). CONSTITU TION OF PAKISTAN 120 (a) if such member is a Judge of the Supreme Court, the Judge of the Supreme Court who is next in seniority below the Judges referred to in paragraph (b) of clause (2), and (b) if such member is the Chief Justice of a High Court, the Chief Justice of another High Court who is next in seniority amongst the Chi ef Justices of the remaining High Courts, shall act as a member of the Council in his place. (4) If, upon any matter inquired into by the Council, there is a difference of opinion amongst its members, the opinion of the majority shall prevail, and the re port of the Council to the President shall be expressed in terms of the view of the majority. 1[(5) If, on information from any source, the Council or the President is of the opinion that a Judge of the Supreme Court or of a High Court — (a) may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or (b) may have been guilty of misconduct, the President shall direct the Council to , or the Council may, on its own motion, inquire into the matter. ] (6) If, after inquiring into the matter, the Council reports to the President that it is of the opinion — (a) that the Judge is incapable of performing the duties of his office or has been guilty of misconduct, and (b) that he should be removed from office, the President may remove the Judge from office. (7) A Judge of the Supreme Court or of a High Court shall not be removed from office except as provided by this Article. (8) The Council shall issue a code of conduct to be observed by Judges of the Supreme Court and of the H igh Courts . 1 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (1 0 of 2010), s. 76, for “clause (5)”. CONSTITU TION OF PAKISTAN 121 210. Power of Council to enforce attendance of persons, etc. 210. (1) For the purpose of inquiring into any matter, the Council shall have the same power as the Supreme Court has to issue directions or orders for securing the attendance of a ny person or the discovery or production of any document; and any such direction or order shall be enforceable as if it had been issued by the Supreme Court. (2) The provisions of Article 204 shall apply to the Council as they apply to the Supreme Court a nd a High Court. 211. Bar of jurisdiction 211. The proceedings before the Council, its report to the President and the removal of a Judge under clause (6) of Article 209 shall not be called in question in any court. 212. Administrative Courts and Tribun als 212. (1) Notwithstanding anything hereinbefore contained the appropriate Legislature may by Act 1[provide for the establish ment of] one or more Administrative Courts or Tribunals to exer cise exclusive jurisdiction in respect of — (a) matters relating to the terms and conditions of persons 2[who are or have been] in the service of Pakistan, including disciplinary matters ; (b) matters relating to claims arising from tortious acts of Government, or any person in the service of Pakistan, or of any local or other authority empowered by law to levy any tax or cess and any servant of such authority acting in the discharge of his duties as such servant; or (c) matters relating to the acquisition, administration and disposal of any property which is deemed to be enemy property under any law. (2) Notwithstanding anything hereinbefore contained where any Administrative Court or Tribunal is established under clause (1), no other court shall grant an injunction, make any order or entertain any proceedings in respe ct of any matter to which the jurisdiction of such 1 Subs. and shall be deemed always to have been so subs. by the Constitution (First Amdt.) Act, 1974 (33 of 1974), s. 12, for "establish". 2 Ins. and shall be deemed always to have been so ins. ibid. CONSTITU TION OF PAKISTAN 122 Administrative Court or Tribunal extends 1[and all proceedings in respect of any such matter which may be pending before such other court immediately before the establishment of the Administrative Court or Tribunal 2[ ; other than an appeal pending before the Supreme Court,] shall abate on such establishment] : Provided that the provisions of this clause shall not apply to an Administrative Court or Tribunal established under an Act of a Provincial Assembl y unless, at the request of that Assembly made in the form of a resolution, 3[Majlis -e-Shoora (Parliament)] by law4 extends the provisions to such a Court or Tribunal. (3) An appeal to the Supreme Court from a judgment, decree, order or sentence of an Adm inistrative Court or Tribunal shall lie only if the Supreme Court, being satisfied that the case involves a substantial question of law of public importance, grants leave to appeal. 212A. [Omitted ] 212A. [Establishment of Military Courts or Tribunals.] Omi tted by S.R.O. No. 1278 (1) 85, dated 30 -12-85, read with proclama tion of withdrawal of Martial Law dated 30 -12-85 see Gaz. of P . 1985, Ext., Pt. 1, dated 30 -12-85, pp. 431 -432, which was previously added by P .O. No. 21 of 1979, Art. 2. 212B. [Omitted ] 212B. [Establishment of Special Courts for trial of heinous offences.] Repealed by the Constitution (Twelfth Amdt.) Act, 1991 (14 of1991), s. 1 (3), (w.e.f . 26th July, 1994), which was previously added by Act 14 of 1991 s. 2, (w.e.f . 27th July, 1991). _____ _____ 1 Ins. and shal l be deemed always to have been so ins. by the Constitution (First Amdt.) Act, 1974 (33 of 1974) s. 12. 2 Ins. and shall be deemed always to have been so ins. by the Constitution (Fifth Amdt.) Act, 1976 (62 of 1976) s. 15. 3 See footnote 6 on page 3, supra. 4 For such law see the Provincial Service Tribunals (Extension of Provisions of the Constitution) Act, 1974 (32 of 1974). CONSTITU TION OF PAKISTAN 123 PART VIII Elections CHAPTER 1. – CHIEF ELECTION COMMISSIONER AND ELECTION 1[COMMISSION ] 213. Chief Election Commissioner 213. (1) There shall be a Chief Election Commissioner (in this Part referred to as the Commissioner), who shall be appointed by the President 2* * *. 3[(2) No person shall be appointed to be Commissioner unless he has been a Judge of the Supreme Court or has been a senior civil servant or is a technocrat and is not more than sixty -eight years of age. Explanation 1. —“senior ci vil servant” means civil servant who has served for at least twenty years under Federal or a Provincial Government and has retired in BPS -22 or above. Explanation 2. —“technocrat” means a person who is the holder of a degree requiring conclusion of at leas t sixteen years of education, recognized by the Higher Education Commission and has at least twenty years of experience, including a record of achievements at the national or international level. ] 4[(2A) The Prime Minister shall in consultation with the Leader of the Opposition in the National Assembly, forward three names for appointment of the Commissioner to a Parliamentary Committee for hearing and confirmation of any one person 5[:] 6[Provided that in case there is no consensus between the Prime Minister and the Leader of the Opposition, each shall forward separate lists to the Parliamentary Committee for consideration which may confirm any one name.] (2B) The Parliamentary Committee to be constituted by the Speaker shall comprise fifty percent me mbers from the Treasury Benches and fifty percent from the Opposition Parties, based on their strength in Majlis -e-Shoora (Parliament), to be nominated by the respective Parliamentary Leaders: 1 Substituted by the Constitution ( Twenty -second Amendment) Act, 201 6 (XXV of 201 6), s 3. 2 The words “in his discretion” omitt ed by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 77. 3 Substituted by the Constitution ( Twenty -second Amendment) Act, 201 6 (XXV of 201 6), s 4. 4 Ins. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 77 . 5 Substituted by the Constitution (Twenty -second Amendment) Act, 2016 (XXV of 2016) , s 4. 6 Proviso Ins. Ibid, s 4. CONSTITU TION OF PAKISTAN 124 1[***] 2[Provided 3[**] that the total strength of the Parl iamentary Committee shall be twelve members out of which one -third shall be from the Senate: ] Provided 4[further] that when the National Assembly is dissolved and a vacancy occurs in the office of the Chief Election Commissioner, 5[total membership of th e Parliamentary Committee shall consist of] the members from the Senate only and the foregoing provisions of this clause shall, mutatis mutandis , apply.] (3) The Commissioner 6[or a member] shall have such powers and func tions as are conferred on him by the Constitution and law. 214. Oath of Office [7**]O ath of Office 214. Before entering upon office, the Commissioner shall make before the Chief Justice of Pakistan 8[and a member of the Election Commission shall make before the Commissioner] oath in the form set -out in the Third Schedule. 215. Term of office of Commissioner 9[and members] 215. (1) The Commissioner 10[and a member] shall, subject to this Article, hold office for a term of 11[five] years from the day he enters upon his office: 12[Provided that two of the members shall retire after the expiration of first two and a half years and two shall retire after the expiration of the next two and a half years: Provided further that the Commission shall for the first term of office of members draw a l ot as to which two members shall retire after the first two a half years: 1 Omitted by the Constitution (Twenty -second Amendment) Act, 2016 (XXV of 2016) , s 4. 2 Substituted by the Constitution (Nineteenth Amendment) Act, 20 11 (1 of 2011) s. 6. 3 Omitted by the Constitution (Twenty -second Amendment) Act, 2016 (XXV of 2016) , s 4. 4 Substituted Ibid, s 4. 5 Substituted by the Constitution (Nineteenth Amendment) Act, 2011 (1 of 2011) s. 6 for “Parliamentary Committee shall co mprise” . 6 Ins. by the Constitution (Twenty -second Amendment) Act, 2016 (XXV of 2016) , s 4 7 Omitted by t he Constitution (Twentieth Amendment) Act, 2012 (V of 2012) , s.3. 8 Ins. Ibid, s 3. 9 Ins. Ibid, s 4. 10 Added Ibid, s 4. 11 Subs by the Constitut ion (Eighteenth Amdt.) Act, 2010 (10 of 2010), s 78, for “three”. 12 Substituted by the Constitution (Twenty -second Amendment) Act, 2016 (XXV of 2016) , s 5. CONSTITU TION OF PAKISTAN 125 Provided also that the term of office of a member appointed to fill a casual vacancy shall be the un -expired term of the office of the member whose vacancy he has filled. ] 1* * * * * * * * * (2) The Commissioner 2[or a member] shall not be removed from office except in the manner prescribed in Article 209 for the removal from office of a Judge and, in the application of the Article for the purposes of this clause, any reference in that Article to a Judge shall be construed as a reference to the Commissioner 1[or, as the case may be, a member] . (3) The Commissioner 3[or a member] may, by writing under his hand addressed to the President, resign his office. 4[(4) Vacancy in the of fice of the Commissioner or a member shall be filled within forty -five days.] 216. Commissioner 5[and members ] not to hold office of profit 216. (1) The Commissioner 6[or a member] shall not — (a) hold any other office of profit in the service of Pakista n; or (b) occupy any other position carrying the right to remu - neration for the rendering of services. (2) A person who has held office as Commissioner 7[or a member] shall not hold any office of profit in the service of Pakistan before the expiration of two years after he has ceased to hold that office 8[.] 9* * * * * * * * * 10* * * * * * * * * 1 Omitted, by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s 78 . 2 Ins. by the Con stitution (Twentieth Amendment) Act, 2012 (V of 2012) , s.3. 3 Ins. Ibid, s.3. 4 Ins. by the Constitution (Twenty -second Amendment) Act, 2016 (XXV of 2016) , s 5 5 Ins. by the Constitution (Twentieth Amendment) Act, 2012 (V of 2012) , s.5. 6 Ins. Ibid, s.5. 7 Ins. Ibid, s.5. 8 Substituted by the Constitution (Twenty -second Amendment) Act, 2016 (XXV of 2016) , s 6. 9 Omitted Proviso Ibid, s 6. 10 Omitted by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s 7 9. CONSTITU TION OF PAKISTAN 126 217. Acting Commissioner 217. At any time when — (a) the office of Commissioner is vacant, or (b) the Commissioner is absent or is unable to perform the functions of his office due to any other cause, 1[the most senior member in age of the members of Commission] shall act as Commissioner. 218. Election Commission 218. 2[(1) For the purpose of election to both Houses of Majlis -e- Shoora (Parliament), Provincial A ssemblies and for election to such other public offices as may be specified by law , a permanent Election Commission shall be constituted in accordance with this Article.] 3[(2) The Election Commission shall consist of — (a) the Commissioner who shall be Chairman of the Commission; and 3[(b) four members, one from each Province, each of whom shall be a person who has been a judge of a High Court or has been a senior civil servant or is a technocrat and is not more than sixty -five years of age, to be appo inted by the President in the manner provided for appointment of the Commissioner in clauses (2A) and (2B) of Article 213. ] Explanation. —“senior civil servant” and “technocrat” shall have the same meaning as given in clause (2) of Article 213.] (3) It shall be the duty of the Election Commission 4[Omitted] to organize and conduct the elec tion and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accor dance with law, and that corrupt pract ices are guarded against. 1 Substituted by the Constitutio n (Twenty -second Amendment) Act, 2016 (XXV of 2016) , s 7. 2 Subs. ibid., s. 80, for "clauses (1) and (2)". 3 Substituted by the Constitution (Twenty -second Amendment) Act, 2016 (XXV of 2016) , s 8. 4 Omitted by t he Constitution (Twentieth Amendment) Ac t, 2012 (V of 2012) s. 6. CONSTITU TION OF PAKISTAN 127 219. Duties of Commission 219. The 1[Commission ] shall be charged with the duty of — 2[(a) preparing electoral rolls for election to the National Assembly , Provincial Assemblies and local governments , and revising such rolls periodically to keep them up -to- date;] (b) organizing and conducting election to the Senate or to fill casual vacancies in a House or a Provincial Assembly; and (c) appointing Election Tribunals 3[;] 4[(d) the holding of general elections to the Nationa l Assembly, Provincial Assemblies and the local governments; and (e) such other functions as may be specified by an Act of Majlis -e-Shoora (Parliament) 5[:] ] 6[Provided that till such time as the members of the Commission are first appointed in accordan ce with the provisions of paragraph (b) of clause (2) of Article 218 pursuant to the Constitution (Eighteenth Amendment) Act, 2010, and enter upon their office, the Commissioner shall remain charged with the duties enumerated in paragraphs (a), (b) and (c) of this Article.] 220. Executive authorities to assist Commission, etc. 220. It shall be the duty of all executive authorities in the Federation and in the Provinces to assist the Commissioner and the Election Commission in the discharge of his or their functions. 221. Officers and staff Officers and 7[staff] 221. Until 8[Majlis -e-Shoora (Parliament)] by law otherwise provides, the 9[Election Commission] may, with the approval of the President, make rules providing for the appointment by the 10[Commiss ioner] of officers and 11[staff] to be employed in connection with the functions of the 12[* * *] Election Commission and for their terms and conditions of employment. 1 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 81, for “Commissioner”. 2 Substituted by the Constitution (Twenty -second Amendment) Act, 2016 (XXV of 2016) , s 9. 3 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s 81, for the full stop. 4 New Paragraph (d) and (e) added ibid. 5 Subs. by the Constitution (Twentieth Amendment) Act, 2012 (V of 2012) s. 7. 6 Inserted Ibid, s.7 7 Substituted by the Constitution (Twenty -second Amendmen t) Act, 2016 (XXV of 2016) , s 10 . 8 See footnote 6 on page 3 , supra . 9 Subs. by Act No. 10 of 2010, s. 82, for “Commissioner”. 10 Substituted by the Constitution (Twenty -second Amendment) Act, 2016 (XXV of 2016) , s 10 . 11 Substituted Ibid, s 10 . 12 Omitte d by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 8 2. CONSTITU TION OF PAKISTAN 128 CHAPTER 2. – ELECTORAL LAWS AND CONDUCT OF ELECTIONS 222. Electoral laws 222. Subject t o the Constitution, 1[Majlis -e-Shoora (Parliament)] may by law provide for — (a) the allocation of seats in the National Assembly as required by clauses (3) and (4) of Article 51; (b) the delimitation of constituencies by the Election Commission 1[includin g delimitation of constituencies of local governments ;] (c) the preparation of electoral rolls, the requirements as to residence in a constituency, the determination of objections pertaining to and the commencement of electoral rolls; (d) the conduct of ele ctions and election petitions the decision of doubts and disputes arising in connection with elections; (e) matters relating to corrupt practices and other offences in connection with elections; and (f) all other matters necessary for the due constitution of the two Houses 2[, **] the Provincial Assemblies 3[and local governments ;] but no such law shall have the effect of taking away or abridging any of the powers of the Commissioner or 4[the] Election Commission under this Part. 223. Bar against double members hip 223. (1) No person shall, at the same time, be a member of — (a) both Houses; or (b) a House and a Provincial Assembly; or (c) the Assemblies of two or more Provinces; or (d) a House or a Provincial Assembly in respect of more than one seat. 1 Added by the Constitution (Twenty -second Amendment) Act, 2016 (XXV of 2016) , s 11. 2 Inserted & omitted Ibid, s 11. 3 Added Ibid, s 11. 4 Substituted Ibid, s 11. CONSTITU TION OF PAKISTAN 129 (2) Nothing in clause (1) shall prevent a person from being a candidate for two or more seats at the same time, whether in the same body or in different bodies, but if he is elected to more than one seat he shall, within a period of thirty days after the declara tion of the res ult for the last such seat, resign all but one of his seats, and if he does not so resign, all the seats to which he has been elected shall become vacant at the expiration of the said period of thirty days except the seat to which he has been elected last or, if he has been elected to more than one seat on the same day, the seat for election to which his nomination was filed last. Explanation .—In this clause, "body" means either House or a Provincial Assembly. (3) A person to whom clause (2) applies shall not take a seat in either House or the Provincial Assembly to which he has been elected until he has resigned all but one of his seats. (4) Subject to clause (2) if a member of either House or of a Provincial Assembly becomes a candidate for a second sea t which, in accordance with clause (1), he may not hold concur rently with his first seat, then his first seat shall become vacant as soon as he is elected to the second seat. 224. Time of Election and bye -election 224. 1[(1) A general election to the Na tional Assembly or a Provincial Assembly shall be held within a period of sixty days immediately following the day on which the term of the Assembly is due to expire, unless the Assembly has been sooner dissolved, and the results of the election shall be d eclared not later than fourteen days before that day .] 2[(1A) On dissolution of the Assembly on comple tion of its term, or in case it is dissolved under Article 58 or Article 112, the President, or the Governor, as the case may be, shall appoint a care -taker Cabinet: Provided that the care -taker Prime Minister shall be 3[appointed] by the President in consultation with the Prime Minister and the Leader of the Opposition in the outgoing National Assembly, and a care -taker Chief Minister shall be appointed by the Governor in consultation with the Chief Minister and the Leader of the Opposition in the outgoing Provincial Assembly: 1 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 83, for “clause (1)”. 2 New clauses (1A), (1B) and explanation ins. ibid. 3 Subs, inserted by t he Constitution (Twentieth Amendment) Act, 2012 (V of 2012) s. 8. CONSTITU TION OF PAKISTAN 130 3[Provided further that if the Prime Minister or a Chief Minister and their respective Lead er of the Opposition do not agree on any person to be appointed as a care -taker Prime Minister or the care -taker Chief Minister, as the case may be, the provisions of Article 224A shall be followed:] Provided 3[also] that the Members of the Federal and Provincial care-taker Cabinets shall be appointed on the advice of the care -taker Prime Minister or the care -taker Chief Minister, as the case may be. (1B) Members of the care -taker Cabinets including the care - taker Prime Minister and the care -taker Chief Minister and their immediate family me mbers shall not be eligible to contest the immediately following elections to such Assemblies. Explanation. — In this clause, “immediate family members” means spouse and children.] (2) When the National Assembly or a Provincial Assembly is dissolved, a ge neral election to the Assembly shall be held within a period of ninety days after the dissolution, and the results of the election shall be declared not later than fourteen days after the conclusion of the polls. (3) An election to fill the seats in the S enate which are to become vacant on the expiration of the term of the members of the Senate shall be held not earlier than thirty days immediately preceding the day on which the vacancies are due to occur. (4) When, except by dissolution of the National Assembly or a Provincial Assembly, a general seat in any such Assembly has become vacant not later than one hundred and twenty days before the term of that Assembly is due to expire, an election to fill the seat shall be held within sixty days from the occ urrence of the vacancy. (5) When a seat in the Senate has become vacant, an elec tion to fill the seat shall be held within thirty days from the occur rence of the vacancy. 1[(6) When a seat reserved for women or non -Muslims in the National Assembly or a Provincial Assembly falls vacant, on account of death, resignation or disqualification of a member, it shall be filled by the next person in order of precedence from the party list of the candidates to be submitted to the Election Commission by the politi cal party whose member has vacated such seat. ] 1 New Clauses (6) ins. and shall be deemed always to have been so ins. with effect from the 21st day of August 2002 by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 83. CONSTITU TION OF PAKISTAN 131 1[Provided that if at any time the party list is exhausted, the concerned political party may submit a name for any vacancy which may occur thereafter.] 2* * * * * * * * * 224A. 2[Resolution by Committee or Election Commission 224A. (1) In case the Prime Minister and the Leader of the Opposition in the outgoing National Assembly do not agree on any person to be appointed as the care -taker Prime Minister, within three days of the dissolution of the Nationa l Assembly, they shall forward two nominees each to a Committee to be immediately constituted by the Speaker of the National Assembly, comprising eight members of the outgoing National Assembly, or the Senate, or both, having equal representation from the Treasury and the Opposition, to be nominated by the Prime Minister and the Leader of the Opposition respectively. (2) In case a Chief Minister and the Leader of the Opposition in the outgoing Provisional Assembly do not agree on any person to be appointed as the care -taker Chief Minister, within three days of the dissolution of that Assembly, they shall forward two nominees each to a Committee to be immediately constituted by the Speaker of the Provincial Assembly, comprising six members of the outgoing Pr ovincial Assembly having equal representation from the Treasury and the Opposition, to be nominated by the Chief Minister and the Leader of the Opposition respectively. (3) The Committee constituted under clause (1) or (2) shall finalize the name of the c are-taker Prime Minister or care -taker Chief Minister, as the case may be, within three days of the referral of the matter to it: Provided that in case of inability of the Committee to decide the matter in the aforesaid period, the names of the nominees shall be referred to the Election Commission of Pakistan for final decision within two days. (4) The incumbent Prime Minister and the incumbent Chief Minister shall continue to hold office till appointment of the care -taker Prime Minister and the care -taker Chief Minister, as the case may be. (5) Notwithstanding anything contained in clauses (1) and (2), if the members of the Opposition are less than five in the Majlis -e-Shoora (Parliament) and less than four in any Provincial Assembly, then all of 1 Added by t he Constitution (Twentieth Amendment) Act, 2012 (V of 2012) s. 8 & 9. 2 Clause (7) stand s omitted as a consequence (Eighteenth Amdt.) Act, 2010 (10 of 2010), see section 2. CONSTITU TION OF PAKISTAN 132 them s hall be members of the Committee mentioned in the aforesaid clauses and the Committee shall be deemed to be duly constituted.] 225. Election dispute 225. No election to a House or a Provincial Assembly shall be called in question except by an election pe tition presented to such tribunal and in such manner as may be determined by Act of 1[Majlis -e-Shoora (Parliament).] 226. Elections by secret ballot 2[226. All elections under the Constitution , other than those of the Prime Minister and the Chief Ministe r, shall be by secret ballot. ] _____________ 1 See footnote 6 on page 3, supra . 2 Subs. by Act 10 of 2010, s. 84, for “Article 226”. CONSTITU TION OF PAKISTAN 133 PART IX Islamic Provisions 227. Provisions relating to the Holy Quran and Sunnah 227. (1) All existing laws shall be brought in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sun nah, in this part referred to as the Injunctions of Islam, and no law shall be enacted which is repugnant to such Injunctions. 1[Explanation. —In the application of this clause to the per sonal law of any Muslim sect, the expression "Quran and Sunnah" shall mean the Quran and Sunnah as interpreted by the sect.] (2) Effect shall be given to the provisions of clause (1) only in the manner provided in this Part. (3) Nothing in this Part shall affect the personal laws of non - Muslim citizens or their status as citizens. 228. Composition, etc., of Islamic Council 228. (1) There shall be, constituted2 within a period of ninety days from the commencing day a Council of Islamic Ideology, in this part referred to as the Islamic Council. (2) The Islamic Council sh all consist of such members, being not less than eight and not more than 3[twenty] as the President may appoint from amongst persons having knowledge of the principles and philosophy of Islam as enunciated in the Holy Quran and Sunnah, or understanding of the economic, political, legal or administrative problems of Pakistan. (3) While appointing members of the Islamic Council, the President shall ensure that — (a) so far as practicable various schools of thought are represented in the Council; (b) not less than t wo of the members are persons each of whom is, or has been a Judge of the Supreme Court or of a High Court; 1 Explanation added by the Constitution (Third Amdt.) Order, 1980 (P. O. No. 14 of 1980), Art. 2. 2 For the notification constituting the Council of Islamic Ideology, see Gaz. of Pak.. 1974, Ext., Pt. II, p. 165. For the Council of Islamic Ideology (Terms and Conditions of Members) Rules, 1974, see Gaz. of Pak., Ext., Pt. II, p. 172 7. 3 Subs. by the Constitution (Fourth Amdt.) Order, 1980 (P. O. No. 16 of 1980), Art. 2, for "fifteen". CONSTITU TION OF PAKISTAN 134 (c) not less than 1[one third] of the members are persons each of whom has been engaged, for a period of not less than fifteen years, in Islamic researc h or instruction; and (d) at least one member is a woman. 2[(4) The President shall appoint one of the members of the Islamic Council to be the Chairman thereof.] (5) Subject to clause (6), a member of the Islamic Council shall hold office for a period of t hree years. (6) A member may, by writing under his hand addressed to the President, resign his office or may be removed by the President upon the passing of a resolution for his removal by a majority of the total membership of the Islamic Council. 229. Reference by 3[Majlis -e-Shoora (Parliament)], etc., to Islamic Council 229. The President or the Governor of a Province may, or if two -fifths of its total membership so requires, a House or a Provincial Assembly shall, refer to the Islamic Council for advi ce any ques tion as to whether a proposed law is or is not repugnant to the Injunctions of Islam. 230. Functions of the Islamic Council 230. (1) The functions of the Islamic Council shall be — (a) to make recommendations to 3[Majlis -e-Shoora (Parliament) ] and the Provincial Assemblies as to the ways and means of enabling and encouraging the Muslims of Pakistan to order their lives individually and collectively in all respects in accordance with the principles and concepts of Islam as enunciated in the Hol y Quran and Sunnah; (b) to advise a House, a Provincial Assembly, the President or a Governor on any question referred to the Council as to whether proposed law is or is not repugnant to the Injunctions of Islam; (c) to make recommendations as to the measures fo r bringing existing laws into conformity with the Injunctions of Islam 1 Subs by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 85, for “four”. 2 Subs. by the Constitution (Third Amdt.) Order, 1982 (P. O . No. 13 of 1982), Art. 2, for "clause (4)". 3 See footnote 6 on page 3, supra . CONSTITU TION OF PAKISTAN 135 and the stages by which such measures should be brought into effect; and (d) to compile in a suitable form, for the guidance of 1[Majlis - e-Shoora (Parliament)] and the Provincial Asse mblies, such Injunctions of Islam as can be given legislative effect. (2) When, under Article 299, a question is referred by a House, a Provincial Assembly, the President or a Governor to the Islamic Council, the Council shall, within fifteen days thereof , inform the House, the Assembly, the President or the Governor, as the case may be, of the period within which the Council expects to be able to furnish that advice. (3) Where a House, a Provincial Assembly, the President or the Governor, as the case may be, considers that, in the public interest, the making of the proposed law in relation to which the question arose should not be postponed until the advice of the Islamic Council is furnished, the law may be made before the advice is furnished : Provided that, where a law is referred for advice to the Islamic Council and the Council advises that the law is repugnant to the Injunctions of Islam, the House or, as the case may be, the Provincial Assembly, the President or the Governor shall reconsider the la w so made. (4) The Islamic Council shall submit its final report within seven years of its appointment, and shall submit an annual interim report. The report, whether interim or final, shall be laid for discussion before both Houses and each Provincial As sembly within six months of its receipt, and 1[Majlis -e-Shoora (Parliament)] and the Assembly, after considering the report, shall enact laws in respect thereof within a period of two years of the final report. 231. Rules of procedure 231. The proceeding s of the Islamic Council shall be regulated by rules of procedure2 to be made by the Council with approval of the President. __________ 1 See footnote 6 on page 3 , supra . 2 For the Council of Islamic Ideology (Procedure Rules), 1974, see Gaz. of Pak., 1974. Ext., Pt. II, pp. 771 - 773. CONSTITU TION OF PAKISTAN 136 PART X Emergency Provisions 232. Proclamation of emergency on account of war, internal disturbance, etc. 232. (1) If the President is satisfied that a grave emergency exists in which the security of Pakistan, or any part thereof, is threatened by war or external aggression, or by internal distur bance beyond the power of a Provincial Government to control, he may issue a Proclamation of Emergency 1[:] 2[Provided that for imposition of emergency due to internal disturbances beyond the powers of a Provincial Government to control, a resolution from the Provincial Assembly of that Province shall be required: Provid ed further that if the President acts on his own, the Proclamation of Emergency shall be placed before both Houses of Majlis - e-Shoora (Parliament) for approval by each House within ten days.] (2) Notwithstanding anything in the Constitution, while a Procl amation of Emergency is in force — 3[(a) Majlis -e-Shoora (Parliament) shall have power to make laws for a Province, or any part thereof, with respect to any matter not enumerated in the Federal Legislative List 4* * * ] (b) the executive authority of the Federation shall extend to the giving of directions to a Province as to the man ner in which the executive authority of the Province is to be exercised; and (c) the Federal Government may by Order5 assume to itself, or direct the Governor of a Provinc e to assume on behalf of the Federal Government, all or any of the functions of the Government of the Province, and all or any of the powers 1 Subs. by the Constitu tion (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 86, for the full stop. 2 New proviso ins. ibid. 3 Subs. by P. O. No. 14 of 1985. Art. 2 and Sch.. for paragraph (a). 4 The words “or the Concurrent Legislative List” stand omitted as a consequence of th e (Eighteenth Amdt.) Act, 2010 (10 of 2010), see section 2. 5 For such Order, in respect of N.W.F.P., see S.R.O. No. 202(I)/75, dated the 16th February, 1975, see Gaz. of Pak 1975, Ext.. Pt. II, p. 329. since rescinded by S R.O. No. 522(I)/75, dated the 3 rd May, 1975, see Gaz. of Pak., 1975, Ext., Pt. II. p. 727; and For such Order, in respect of the Province of Baluchistan, see S.R.O. No. 641(I)/76, dated the 30th June, 1976, see Gaz. of Pak., 1976, Ext., Pt. II. p. 1207 since rescinded by S. R. O. No. 1 161 (I)/76, dated the 6th December, 1976, see Gaz. of Pak., 1976, Ext., Pt. II, p. 2279. For such proclamation issued on 28 -5-1998, see Gaz. of Pak. 1998, Ext., Pt. I, p. 32. CONSTITU TION OF PAKISTAN 137 vested in, or exercisable by, any body or authority in the Province other than the Provincial Assembly, and make such incidental and consequential provisions as appear to the Federal Government to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending, in whole or in part, the operation of any provisions of t he Constitution relat ing to any body or authority in the Province : Provided that nothing in paragraph (c) shall authorise the Federal Government to assume to itself, or direct the Governor of the Province to assume on its behalf, any of the powers vest ed in or exercisable by a High Court, or to suspend either in whole or in part the operation of any provisions of the Constitution relating to High Courts. (3) The power of 1[Majlis -e-Shoora (Parliament)] to make laws for a Province with respect to any ma tter shall include power to make laws conferring powers and imposing duties, or authorizing the conferring of powers and the imposition of duties upon the Federation, or officers and authorities of the Federation, as respects that matter. (4) Nothing in t his Article shall restrict the power of a Provincial Assembly to make any law which under the Constitution it has power to make, but if any provision of a Provincial law is repugnant to any provision of an Act of 1[Majlis -e-Shoora (Parliament)] which 1[Maj lis-e-Shoora (Parliament)] has under this Article power to make, the Act of 1[Majlis -e-Shoora (Parliament)], whether passed before or after the Provincial law, shall prevail and the Provincial law shall, to the extent of the repugnancy, but so long only as the Act of 1[Majlis -e-Shoora (Parliament)] continues to have effect, be void. (5) A law made by 1[Majlis -e-Shoora (Parliament)] which 1[Majlis -e-Shoora (Parliament)] would not but for the issue of a Proclamation of Emergency have been competent to make, shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the Proclamation of Emergency has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period. (6) While a Proclamation of emergency is in force, 1[Majlis -e- Shoora (Parliament)] may by law extend the term of the National Assembly for a period not exceeding one year and not extending in any case beyond a period of six months after the Procl amation has ceased to be in force. 1 See footnote 6 on page 3 , supra . CONSTITU TION OF PAKISTAN 138 (7) A Proclamation of Emergency shall be laid before a joint sitting which shall be summoned by the President to meet within thirty days of the Proclamation being issued and — (a) shall cease to be in force at the expir ation of two months unless before the expiration of that period it has been approved by a resolution1 of the joint sitting; and 2[(b) shall, subject to the provisions of paragraph (a), cease to be in force upon a resolution disapproving the proclamation being passed by the votes of the majority of the total membership of the two Houses in joint sitting.] (8) Notwithstanding anything contained in clause (7), if the National Assembly stands dissolved at the time when a Proclamation of Emergency is issued, the Proclamation shall continue in force for a period of four months but, if a general election to the Assembly is not held before the expiration of that period; it shall cease to be in force at the expiration of that period unless it has earlier been appr oved by a resolution of the Senate. 233. Power to suspend Fundamental Rights, etc., during emergency period 233. (1) Nothing contained in Articles 15, 16, 17, 18, 19, and 24 shall, while a Proclamation of Emergency is in force, restrict the power of the State as defined in Article 7 to make any law or to take any executive action which it would, but for the provi sions in the said Articles, be competent to make or to take, but any law so made shall, to the extent of the incompetency, cease to have effect , and shall be deemed to have been repealed, at the time when the Proclamation is revoked or has ceased to be in force. 1 The joint sitting passed the following re solution on the 5th September, 1973 : - "That the joint sitting approves under clause (7) of Art. 232 of the Constitution read with Art. 280 thereof, the Proclamation of Emergency issued on the 23rd day of November, 1971, and the continuance in force of the said Proclamation for the period of six months following the expiration of the period mentioned in paragraph (a) of the said clause(7)." The joint sitting passed the following resolution on 10 -6-1998. "That the joint sitting approve under clause (7) of Ar ticle 232 of the Constitution the Proclamation of Emergency issued by the President on the 28th May, 1998, under clause (1) of Article 232 of the Constitution." see Gaz. of Pak. 1998. Ext., Pt. III, p. 647. 2 Subs. by the Constitution (Third Amdt.) Act, 1 975, (22 of 1975), s. 3, for original paragraph (b) (w.e.f. the 13th February, 1975), which reads as follows : - "(b) may by resolution of a joint sitting, be continued in force for a period not exceed ing six months at a time." For resolutions under origin al paragraph (b) approving the continuance in force of the Proclamation of Emergency, see Gaz. of Pak., 1974, Ext., Pt. III, p. 343, and ibid., p. 1183. CONSTITU TION OF PAKISTAN 139 (2) While a Proclamation of Emergency is in force, the President may, by Order,1 declare that the right to move any court for the enfor cement of such of the Fundamental Rights conferred by Chapter 1 of Part II as may be specified in the Order, and any proceeding in any court which is for the enforcement, or involves the determination of any question as to the infringement, of any of the R ights so specified, shall remain suspended for the period during which the Proclamation is in force, and any such Order may be made in re spect of the whole or any part of Pakistan. (3) Every Order made under this Article shall, as soon as may be, be laid before 2[both houses of Majlis -e-Shoora (Parliament), separately] for approval3 and the provisions of clauses (7) and (8) of