Tuesday 9 February 2016

Seventh Schedule: Laws to be amended in the manner provided for amendment of the Constitution

This Schedule is NO LONGER part of the Constitution. It was removed by Constitution (Eighteenth Amendment) Act, 2010, Section 102 (with effect from April 19, 2010).

Seventh Schedule 802

Laws to be amended in the manner provided for amendment of the Constitution

[Article 270-A(6)]


 Presidents Orders

1. Zulfiqar Ali Bhutto Trust and Peoples Foundation Trust (Renaming and Administration) Order, 1978 (P. O. No. 4 of 1978).
 
2. The Cantonments (Urban Immovable Property Tax and Entertainment Duty) Order, 1979 (P. O. No. 13 of 1979).
 
3. The Pakistan Defence Officers Housing Authority Order, 1980 (P. O. No. 7 of 1980).
 
4. The Foreign Currency Loans (Rate of Exchange) Order, 1982 (P. O. No. 3 of 1982).
 
5. The Establishment of the office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (P. O. No. 1 of 1983).
 
6. The Aga Khan University Order, 1983 (P. O. No. 3 of 1983).
 
7. The National College of Textile Engineering (Governing Body and Cess) Order, 1983 (P. O. No. 11 of 1983).
 
8. The Lahore University of Management Sciences Order, 1985 (P. O. No. 25 of 1985).
 

 Ordinances

1. The International Islamic University Ordinance, 1985 (XXX of 1985).
 

Notes

802   Inserted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 20 (with effect from November 9, 1985).

Sixth Schedule: Laws not to be Altered, Repealed or Amended without the Previous Sanction of the President

This Schedule is NO LONGER part of the Constitution. It was removed by Constitution (Eighteenth Amendment) Act, 2010, Section 102 (with effect from April 19, 2010).

Sixth Schedule

Laws not to be Altered, Repealed or Amended without the Previous Sanction of the President

[Article 268 (2)]


1. The Improper Acquisition of Property Regulation, 1969.
 
2. The Removal from Service (Special Provisions) Regulation, 1969.
 
3. The Living Beyond Ostensible Means (Punishment) Regulation, 1969.
 
4. The Government Agricultural Land (Recovery of Illegal Possession) Regulation, 1969.
 
5. The Enemy Property (Payment of Money Due to Enemy) Regulation, 1970.
 
6. The Withdrawal of Currency Notes (High Denomination) Regulation, 1971.
 
7. The Price of Evacuee Property and Public Dues (Recovery) Regulation, 1971.
 
8. The Peshawar District and Tribal Areas (Settlement of Disputes) Regulation, 1971.
 
9. The Convention Muslim League and Awami League (Scrutiny of Funds) Regulation, 1971.
 
10. The Foreign Exchange Repatriation Regulation, 1972.
 
11. The Foreign Assets (Declaration) Regulation, 1972.
 
12. The Removal from Service (Special Provisions) Regulation, 1972.
 
13. The Land Reforms Regulation, 1972.
 
14. The Removal from Service (Review Petition) Regulation, 1972.
 
15. The Land Reforms (Baluchistan Pat Feeder Canal) Regulation, 1972.
 
16. The Privately Managed Schools and Colleges (Taking Over) Regulation, 1972.
 
17. The Enemy Property (Revocation of Sales) Regulation, 1972.
 
18. The Dir and Swat (Devolution and Distribution of Property) Regulation, 1972.
 
19. The Dir and Swat (Settlement of Disputes of Immovable Property) Regulation, 1972.
 
20. The West Pakistan Industrial Development Corporation (Revision of Sales or Transfer) Regulation, 1972.
 
21. The Economic Reforms (Protection of Industries) Regulation, 1972.
 
22. The National Press Trust (Suspension of Board of Trustees and Directors) Regulation, 1972.
 
23. The Cooperative Banks (Repayment of Loans) (Punjab) Regulation, 1972.
 
24. The Cooperative Societies (Repayment of Loans) (Sind) Regulation, 1972.
 
 800[
25. The State Bank of Pakistan Act, 1956 (XXXIII of 1956).
 
26. The National Accountability Bureau Ordinance, 1999 (XVIII of 1999).
 
27. The Balochistan Local Government Ordinance, 2001 (XVIII of 2001).
 
28. The North-West Frontier Province Local Government Ordinance, 2001 (XIV of 2001).
 
29. The Punjab Local Government Ordinance, 2001 (XIII of 2001).
 
30. The Sindh Local Government Ordinance, 2001 (XXVII of 2001).
 
31. The Election Commission Order, 2002 (Chief Executive's Order No.l of 2002).
 
32. The Conduct of General Elections Order, 2002 (Chief Executive's Order No.7 of 2002).
 
33. The Political Parties Order, 2002 (Chief Executive's Order No.18 of 2002).
 
34. The Qualification to Hold Public Offices Order, 2002 (Chief Executive's Order No. 19 of 2002).
 
35. The Police Order, 2002 (Chief Executive's Order No.22 of 2002)
 
] 800

Notes

800   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 15 (with effect from August 21, 2002).

Bill has to cover two more stages -DAWN - Top Stories; 10 October, 1998

Bill has to cover two more stages

By M. Ziauddin

Dawn, October 10, 1998

ISLAMABAD, Oct. 9: The CA-15 bill which was passed here on Friday by the National Assembly still has two more stages to cover before it becomes part of the Constitution.

The next stage is its passage through the Senate with a two-thirds majority and in the final stage it will go to the president for his assent.

The Constitution is silent on what would happen to a constitutional bill passed by one house but which does not get a two-thirds majority in the other.

However, since no constitutional bill can go to the president for his assent until it has been passed by a two-thirds majority of the two houses separately, it is assumed by constitutional experts that the bill so rejected by one of the two houses becomes dead automatically

According to these experts, the CA-15 will be considered dead if it fails to get the two-thirds majority in the upper house. The fear that it would not get this backing in the Senate has been expressed by some political observers because at present the government has only 43 votes against the required 58 in the upper house of 87.

However, if that happens, then it would be the first case in the constitutional history of Pakistan, for all the 14 amendments which have been passed so far since the present Constitution was framed in 1973, were successfully piloted by the respective governments through both the houses without much difficulty.

The Constitution is silent on how long one house can take to consider a constitutional bill passed by the other.

In the case of ordinary bills, if a bill passed by one house is not considered by the other within 90 days, it goes to the joint sitting of parliament where only a simple majority is required for it to become law.

Under clause (1) of article 239 of the Constitution, a bill to amend the Constitution may originate in either house and, when the bill has been passed by not less than two-thirds of the total membership of the house, it shall be transmitted to the other house.

According to clause (2) of the same article, if a 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 be presented to the president for assent.

And, under clause (3) of the article, 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 amended by the former House is passed by the latter by not less than two-thirds of its total membership it shall be presented to the president for assent.

The Fifteenth Amendment

Following is the text of the Fifteenth Amendment presented in Parliament on Friday, August 28, 1998.

CONSTITUTION (FIFTEENTH AMENDMENT) BILL, 1998


A Bill further to amend the Constitution of the Islamic Republic of Pakistan:

WHEREAS sovereignty over the entire universe belongs to Almighty Allah alone and the authority which He has delegated to the State of Pakistan through its people for being exercised through their chosen representatives within the limits prescribed by Him is a sacred trust;

AND WHEREAS the Objectives Resolution has been made a substantive part of the Constitution;

AND WHEREAS Islam is the State religion of Pakistan and it is the obligation of the State to enable the Muslims of Pakistan, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam as set out in the Holy Quran and Sunnah;

AND WHEREAS Islam enjoins the establishment of a social order based on Islamic values, of prescribing what is right and forbidding what is wrong (amr bil ma'roof wa nahi anil munkar);

AND WHEREAS in order to achieve the aforesaid objective and goal, it is expedient further to amend the Constitution of the Islamic Republic of Pakistan;

NOW, THEREFORE, it is hereby enacted as follows:-

1.
Short title and commencement
(1)
This Act may be called the Constitution (Fifteenth Amendment) Act, 1998.
(2)
It shall come into force at once.

2.
Addition of new Article 2B in the Constitution
In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the said Constitution, after Article 2A, the following new Article shall be inserted, namely:-
"2B.
Supremacy of the Quran and Sunnah
(1)
The Holy Quran and Sunnah of the Holy Prophet (peace be upon him) shall be the supreme law of Pakistan.
Explanation:- In the application of this clause to the personal law of any Muslim sect, the expression "Quran and Sunnah" shall mean the Quran and Sunnah as interpreted by that sect.
(2)
The Federal Government shall be under an obligation to take steps to enforce the Shariah, to establish salat, to administer zakat, to promote amr bil ma'roof and nahi anil munkar (to prescribe what is right and to forbid what is wrong), to eradicate corruption at all levels and to provide substantial socio-economic justice, in accordance with the principles of Islam, as laid down in the Holy Quran and Sunnah.
(3)
The Federal Government may issue directives for the implementation of the provisions set out in clauses (1) and (2) and may take the necessary action against any state functionary for non-compliance of the said directives.
(4)
Nothing contained in this Article shall affect the personal law, religious freedom, traditions or customs of non-Muslims and their status as citizens.
(5)
The provisions of this Article shall have effect notwithstanding anything contained in the Constitution, any law or judgement of any Court".

3.
Amendment of Article 239 of the Constitution:-
In the Constitution, in Article 239, after clause (3) the following new clauses shall be inserted, namely:-
"(3A)
Notwithstanding anything contained in clauses (1) to (3), a Bill to amend the Constitution providing for the removal of any impediment in the enforcement of any matter relating to Shariah and the implementation of the Injunctions of Islam may originate in either House and shall, if it is passed by a majority of the members voting in the House in which it originated, be transmitted to the other House; and if the Bill is passed without amendment by the majority of the members voting in the other House also, it shall be presented to the President for assent.
(3B)
If a Bill transmitted to a House under clause (3A) is rejected or is not passed within ninety days of its receipt or is passed with amendment it shall be considered in a joint sitting.
(3C)
If the Bill is passed by a majority of the members voting in the joint sitting, with or without amendment, it shall be presented to the President for assent.
(3D)
The President shall assent to the Bill presented to him under clause (3A) or clause (3C) within seven days of the presentation of the Bill".

STATEMENT OF OBJECTS AND REASONS

In view of the fact that the Objectives Resolution is now substantive part of the Constitution, it is necessary that Quran and Sunnah are declared to be the supreme law of Pakistan, and the Government is empowered to take necessary steps to enforce Shariah. Under Article 239 a Bill to amend the Constitution is passed by the two-third majority of each House but separately. To facilitate the enforcement of Shariah, it is considered that it would be more appropriate that a Bill providing for the removal of any impediment in the enforcement of any matter relating to Shariah and the implementation of the Injunctions of Islam may be passed by the Parliament in the same manner as a law is passed.

2. The Bill seeks to amend the Constitution for the above purposes.

The Fifteenth Amendment Bill

Following is the text of the Fifteenth Amendment Bill  presented in and passed by the National Assembly on Friday, October 9, 1998.

CONSTITUTION (FIFTEENTH AMENDMENT) ACT, 1998


A bill further to amend the Constitution of the Islamic Republic of Pakistan:

WHEREAS sovereignty over the entire universe belongs to Almighty Allah alone and the authority which He has delegated to the State of Pakistan through its people for being exercised through their chosen representatives within the limits prescribed by Him is a sacred trust;

AND WHEREAS the Objectives Resolution has been made a substantive part of the Constitution;

AND WHEREAS Islam is the State religion of Pakistan and it is the obligation of the State to enable the Muslims of Pakistan, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam as set out in the Holy Quran and Sunnah;

AND WHEREAS Islam enjoins the establishment of a social order based on Islamic values, of prescribing what is right and forbidding what is wrong (amr bil ma'roof wa nahi anil munkar);

AND WHEREAS in order to achieve the aforesaid objective and goal, it is expedient further to amend the Constitution of the Islamic Republic of Pakistan;

1.
Short title and commencement
(1)
This Act may be called the Constitution (Fifteenth Amendment) Act, 1998.
(2)
It shall come into force at once.
2.
Addition of new Article 2B in the Constitution

In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the said Constitution, after Article 2A, the following new Article shall be inserted, namely:-
"2B.
Supremacy of the Quran and Sunnah
(1)
The Holy Quran and Sunnah of the Holy Prophet (peace be upon him) shall be the supreme law of Pakistan.
Explanation:- In the application of this clause to the personal law of any Muslim sect, the expression "Quran and Sunnah" shall mean the Quran and Sunnah as interpreted by that sect.
(2)
The Federal Government shall be under an obligation to take steps to enforce the Shariah, to establish salat, to administer zakat, to promote amr bil ma'roof and nahi anil munkar (to prescribe what is right and to forbid what is wrong), to eradicate corruption at all levels and to provide substantial socio-economic justice, in accordance with the principles of Islam, as laid down in the Holy Quran and Sunnah.
(3)
Nothing contained in this Article shall affect the personal law, religious freedom, traditions or customs of non-Muslims and their status as citizens.
(4)
The provisions of this Article shall have effect notwithstanding anything contained in the Constitution, any law or judgement of any Court".

The Eleventh Amendment

THE CONSTITUTION (ELEVENTH AMENDMENT) BILL, 1989



A Bill further to amend the Constitution of the Islamic Republic of Pakistan

Whereas it is expedient to further amend the Constitution of the Islamic Republic of Pakistan for the purpose herein appearing.

It is hereby enacted as follows:-

1-
Short title and commencement.--
(1)
This act may be called the Constitution (Eleventh Amendment) Act, 1989.
(2)
It shall come into force at once.
2-
Amendment of Article 51 of the Constitution.-

In the Constitution of the Islamic Republic of Pakistan, in clause 4 of Article 51, for the word "third" occurring before the words "general election", the word "fourth" shall be substituted.

COMMENTS

Source: Ammendments (sic) in the Constitution of Pakistan, 1973 by S. A. Rabbani,Additional Secretary , National Assembly of Pakistan, http://members.tripod.com/~NationalAssembly/ammend1.htm (as of January 5, 1999)

The Constitution (Eleventh Amendment) Bill, 1989 which sought to restore twenty women seats in the National Assembly, was introduced in the Senate on 31-12-1989 by Mr. Muhammad Ali Khan, Dr. Noor Jehan Panezai and Syed Faseih Iqbal, Senators. Report of the Standing Committee was presented on 29-8-1990. The Bill was withdrawn on 23-8-1992 by its movers after assurance given by the Minister for Law and Justice that the Government intends to introduce the same Bill very soon.

The Ninth Amendment

CONSTITUTION (NINTH AMENDMENT) BILL, 1985

A Bill further to amend the Constitution of the Islamic Republic of Pakistan


Whereas it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing ;

It is hereby enacted as follows:-

1.
Short title and commencement.
(1) This Act may be called the Constitution (Ninth Amendment) Act, 1985.
(2) It shall come into force at once.

2.
Amendment of Article 2 of the Constitution.
In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 2, after the word "Pakistan", at the end, the words "and the Injunctions of Islam as laid down in the Holy Quran and Sunnah shall be the supreme law and source of guidance for legislation to be administered through laws enacted by the Parliament and Provincial Assemblies, and for policy making by the Government" shall be added.

3.
Amendment of Article 203B of the Constitution.
In the Constitution, in Article 203B, in paragraph (c),
(a) For the comma after the word "Constitution" a full stop shall be substituted; and
(b) The words, commas and semi-colon "Muslim Personal Law, any law relating to the procedure of any Court or tribunal or, until the expiration of ten years from the commencement of this Chapter, any fiscal law or any law relating to the levy and collection of taxes and fees or banking or insurance practice and procedure; and shall be omitted.

4.
Amendment of Article 203D of the Constitution.
In the Constitution, in Article 203D, after clause (3) the following new clause shall be added namely:
(3-A) Notwithstanding anything contained in this chapter, in respect of any fiscal law or any law relating to the levy and collection of taxes and fees or banking or insurance practice and procedure, the Court shall, in case of law held by it to be repugnant to the Injunctions of Islam, in consultation with persons having special knowledge of the subject, recommend to the Government specific measures and a reasonable time within which to take adequate steps and amend such law so as to bring it in conformity with the Injunctions of Islam:
Provided that the decisions of the Court shall not have retrospective effect and no right or claim shall be based thereon accordingly directly or indirectly.
(3-B) Notwithstanding anything contained in the Constitution including this chapter or clause (3-A) or anything done pursuant thereto, or any law or any judgment of any Court to the contrary, all existing laws relating to the levy and collection of taxes and fees or banking or insurance practice and procedure which are the subject -matter of decision of the Court referred to in clause (3-A), shall continue to remain in force until such time as appropriate laws are enacted by the legislature in substitution of such exiting laws as a consequence of the final decision of the Court, as stated in clause (3-A), and until the said laws have been enforced:
Provided that nothing contained in clauses (3-A) and (3-B) shall apply to assessment made, orders passed, proceedings pending and amount payable or recovered before the enforcement of the laws enacted in pursuance of clause (3-A).
Statement of objects and reasons.
In consonance with the provisions of Article 2 and 227 of the Constitution of the Islamic Republic of Pakistan, which respectively provide that Islam shall be the State religion of Pakistan and that all laws shall be brought in conformity with the Injunctions of Islam, as also the Objectives Resolution, this Bill seeks to amend Articles 2, 203B and 203D of the Constitution so as to provide that the Injunctions of Islam shall be the supreme law and source of guidance for legislation and policy making and to empower the Federal Shariat Court to make recommendations for bringing the fiscal laws and laws relating to the levy and collection of taxes in conformity with the said injunctions.