Article 233 of the Constitution of Pakistan

4 The words “or otherwise” omitted by Act No. 10 of 2010, s. 88. 5 Subs. ibid., for “at a joint sitting”. CONSTITU TION OF PAKISTAN 140 (b) declare that the powers of the Provincial Assembly sha ll be exercisable by, or under the authority of, 1[Majlis -e-Shoora (Parliament)]; and (c) make such incidental and consequential provisions as appear to the President 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 the Constitution relating to any body or authority in the Province : Provided that nothing in this Article shall authorise the President to assume to himself, or direct the Governor of the Province to assume on his behalf, any of the powers vested 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. (2) The provisions of Art icle 105 shall not apply to the dis - charge by the Governor of his functions under clause (1). (3) A Proclamation issued under this Article shall be laid before a joint sitting and shall cease to be in force at the expira tion of two months, unless before the expiration of that period it has been approved by resolution of the joint sitting and may by like resolution be extended for a further period not exceeding two months at a time; but no such Proclamation shall in any case remain in force for more than s ix months. (4) Notwithstanding anything contained in clause (3), if the National Assembly stands dissolved at the time when a Proclamation is issued under this Article, the Proclamation shall continue in force for a period of three months but, if a genera l 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 approved by a resolution of the Senate. (5) Where by a Proclamation issued under this Ar ticle it has been declared that the powers of the Provincial Assembly shall be exercisable by or under the authority of 1[Majlis -e-Shoora (Parliament)], it shall be competent — (a) to 1[Majlis -e-Shoora (Parliament)] in joint sitting to confer on the President the power to make laws with respect to any matter within the legislative compe tence of the Provincial Assembly ; 1 See footnote 6 on page 3 , supra . CONSTITU TION OF PAKISTAN 141 (b) to 1[Majlis -e-Shoora (Parliament)] in joint sitting, or the President, when he is empowered under paragraph (a), to make laws conferring power s and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Federation, or officers and authorities thereof; (c) to the President, when 1[Majlis -e-Shoora (Parliament)] is not in session, to authorise expenditure from the Provincial Consolidated Fund, whether the expendi ture is charged by the Constitution upon that fund or not, pending the sanction of such expenditure by 1[Majlis -e-Shoora (Parliament)] in joint sitting ; and (d) to 1[Majlis -e-Shoora (Parliament)] in joint sitting by resolution to sanction expenditure authorised by the President under paragraph (c) (6) Any law made by 1[Majlis -e-Shoora (Parliament)] or the President which 1[Majlis -e-Shoora (Parliament)]or the President would not, but for the issue of a Pro clamation under this Article, 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 under this Article has ceased to be in force, except as to things, done or omitted to be done before the expiration of the said period. 235. Proclamation in case of financial emergency 235. (1) If the President is satisfied that a situation has arisen whereby the economic life, financial stability or credit of Pakistan, or any part thereof, is threatened, he may, after consul tation with the Governors of the Provinces or, as the case may be, the Governor of the Province concerned, by Proclamation make a declaration to that effect, and, while such a Proclamation is in for ce, the executive authority of the Federation shall extend to the giving of directions to any Province to observe such principles of financial propriety as may be specified in the directions, and to the giving of such other directions as the President may deem necessary in the interest of the economic life, financial stability or credit of Pakistan or any part thereof. (2) Notwithstanding anything in the Constitution, any such directions may include a provision requiring a reduction of the salary and allow ances of all or any class of persons serving in connection with the affairs of a Province. 1 See footnote 6 on page 3 , supra . CONSTITU TION OF PAKISTAN 142 (3) While a Proclamation issued under this Article is in force the President may issue directions for the reduction of the salaries and allowances of all or any clas s of persons serving in connection with the affairs of the Federation. (4) The provisions of clauses (3) and (4) Article 234 shall apply to a Proclamation issued under this Article as they apply to a Proclamation issued under that Article. 236. Revocatio n of Proclamation, etc. 236. (1) A Proclamation issued under this Part may be varied or revoked by a subsequent Proclamation. (2) The validity of any Proclamation issued or Order made under this part shall not be called in question in any court. 237. 1[Majlis -e-Shoora (Parliament)] may make laws of indemnity, etc. 237. Nothing in the Constitution shall prevent 1[Majlis -e-Shoora (Parliament)] from making any law indemnifying any person in the service of the Federal Government or a Provincial Government, or any other person, in respect of any act done in connection with the maintenance or restoration of order in any area in Pakistan. __________ 1 See footnote 6 on page 3 , supra . CONSTITU TION OF PAKISTAN 143 PART XI Amendment of Constitution 238. Amendment of Constitution 238. Subject to this Part, the Constituti on may be amended by Act of 1[Majlis -e-Shoora (Parliament)]. 239. Constitution, amendment Bill 2[239. (1) A Bill to amend the Constitution may originate in either House and, when the Bill has been passed by the votes of not less than two-thirds of the t otal membership of the House, it shall be transmitted to the other House. (2) If the Bill is passed without amendment by the votes of not less than two -thirds of the total membership of the House to which it is transmitted under clause (1), it shall, subj ect to the provisions of clause (4), be presented to the President for assent. (3) If the Bill is passed with amendment by the votes of not less than two -thirds of the total membership of the House to which it is transmitted under clause (1), it shall be reconsidered by the House in which it had originated, and if the Bill as amend ed by the former House is passed by the latter by the votes of not less than two -thirds of its total membership it shall, subject to the provisions of clause (4), be presented t o the President for assent. (4) A Bill to amend the Constitution which would have the effect of altering the limits of a Province shall not be present ed to the President for assent unless it has been passed by the Provincial Assembly of that Province by the votes of not less than two -thirds of its total membership. (5) No amendment of the Constitution shall be called in question in any court on any ground whatsoever. (6) For the removal of doubt, it is hereby declared that there is no limitation whateve r on the power of the Majlis -e-Shoora (Parliament) to amend any of the provisions of the Constitution.] ___________ 1 See footnote 6 on page 3, supra . 2 Subs. by the Constitution (Second Amdt.) Order, 1985 (P. O. No. 20 of 1985), Art. 3, for Art. 239, which was previously subs. by P. O. No. 14 of 1985, Art. 2 and Sch., for "the original Arti cle 239." CONSTITU TION OF PAKISTAN 144 PART XII Miscellaneous CHAPTER 1. – SERVICES 240. Appointment s to service of Pakistan and conditions of service 240. Subject to the Co nstitution, the appointments to and the conditions of service of persons in the service of Pakistan shall be determined — (a) in the case of the services of the Federation, posts in connection with the affairs of the Federation and All - Pakistan Services, by or under Act of 1[Majlis -e-Shoora (Parliament)]; and (b) in the case of the services of a Province and posts in connection with the affairs of a Province, by or under Act of the Provincial Assembly. Explanation .–In this Article, "All -Pakistan Service" means a service common to the Federation and the Provinces, which was in existence immediately before the commencing day or which may be created by Act of 1[Majlis -e-Shoora (Parliament)]. 241. Existing rules, etc., to continue 241. Until the appropriate Legislat ure makes a law under Article 240, all rules and orders in force immediately before the com mencing day shall, so far as consistent with the provisions of the Constitution, continue in force and may be amended from time to time by the Federal Government or, as the case may be the Provincial Government. 242. Public Service Commission 242. (1) 1[Majlis -e-Shoora (Parliament)] in relation to the affairs of the Federation, and the Provincial Assembly of a Province in relation to the affairs of the Province may , by la w provide for the establishment and constitution of a Public Service Commission. 2[(1A) The Chairman of the Public Service Commission constituted in relation to the affairs of the Federation shall be appointed by the President 3[on the advice of th e Prime Minister.] ] 1 See footnote 6 on page 3, supra . 2 Ins. by P.O. No. 14 of 1985, Art. 2 and Sch. 3 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 89 for “in his discretion”. CONSTITU TION OF PAKISTAN 145 1[(1B) The Chairman of the Public Service Commission constituted in relation to affairs of a Province shall be appointed by the Governor on advice of the Chief Minister.] (2) A Public Service Commission shall perform such functions as may be prescribed by law. CHAPTER 2. – ARMED FORCES 243. Command of Armed Forces 2[243. (1) The Federal Government shall have control and command of the Armed Forces. (2) Without prejudice to the generality of the foregoing provision, the Supreme Co mmand of the Armed Forces shall vest in the President. (3) The President shall subject to law, have power — (a) to raise and maintain the Military, Naval and Air Forces of Pakistan; and the Reserves of such Forces; and (b) to grant Commissions in such Forces. (4) The President shall, on advice of the Prime Minister, appoint — (a) the Chairman, Joint Chiefs of Staff Committee ; (b) the Chief of the Army Staff; (c) the Chief of the Naval Staff; and (d) the Chief of the Air Staff, and shall also determine their salaries and all owances.] 244. Oath of Armed Forces 244. Every member of the Armed Forces shall make oath in the form set out in the Third Schedule. 1 New clause (1B) ins. ibid. 2 Subs. by the Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s.90 for “Article 243”. CONSTITU TION OF PAKISTAN 146 245. Functions of Armed Forces 245. 1[(1)] The Armed Forces shall, under the directions of the Federal Government defen d Pakistan against external aggression or threat of war, and, subject to law, act in aid of civil power when called upon to do so. 2[(2) The validity of any direction issued by the Federal Government under clause (1) shall not be called in question in any court. (3) A High Court shall not exercise any jurisdiction under