Chapter 1: "Services." of Part XII: "Miscellaneous"

Part XII: Miscellaneous

Chapter 1: Services.

240	Appointment to service of Pakistan and conditions of service. Subject to the Constitution, 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  638[Majlis-e-Shoora (Parliament)] 638; 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  639[Majlis-e-Shoora (Parliament)] 639.
241	Existing rules, etc., to continue. Until the appropriate Legislature makes a law under Article 240, all rules and orders in force immediately before the commencing 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. (1)  640[Majlis-e-Shoora (Parliament)] 640 in relation to the affairs of the Federation, and the Provincial Assembly of a Province in relation to affairs of a Province, may, by law, provide for the establishment and constitution of a Public Service Commission.    641[ (1A) The Chairman of the Public Service Commission constituted in relation to the affairs of the Federation shall be appointed by the President  642[on the advice of the Prime Minister] 642.   ] 641 643[ (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.   ] 643 (2) A Public Service Commission shall perform such functions as may be prescribed by law.

---

Notes

⁶³⁸   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶³⁹   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶⁴⁰   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶⁴¹   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 49 (with effect from March 2, 1985).

⁶⁴²   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 89(i) (with effect from April 19, 2010) for "in his discretion".

⁶⁴³   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 89(ii) (with effect from April 19, 2010).

Part X: "Emergency Provisions"

Part X: Emergency Provisions

232	Proclamation of emergency on account of war, internal disturbance, etc. (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 disturbance beyond the power of a Provincial Government to control, he may issue a Proclamation of Emergency 605[:] 605  606[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: Provided 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. ] 606   (2) Notwithstanding anything in the Constitution, while a Proclamation of Emergency is in force,  607[ (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 or the Concurrent Legislative List; ] 607 (b) the executive authority of the Federation shall extend to the giving of directions to a Province as to the manner in which the executive authority of the Province is to be exercised, and (c) the Federal Government may by  608 Order assume to itself, or direct the Governor of a Province 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 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 the Constitution relating to any body or authority in the province: Provided that nothing in paragraph (c) shall authorize the Federal Government to assume to itself, or direct the Governor of the Province to assume on its 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.   (3) The power of  609[Majlis-e-Shoora (Parliament)] 609 to make laws for a Province with respect to any matter 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 this 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  610[Majlis-e-Shoora (Parliament)] 610 which  611[Majlis-e-Shoora (Parliament)] 611 has under this Article power to make, the Act of  612[Majlis-e-Shoora (Parliament)] 612, 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  613[Majlis-e-Shoora (Parliament)] 613 continues to have effect, be void.   (5) A law made by  614[Majlis-e-Shoora (Parliament)] 614, which  615[Majlis-e-Shoora (Parliament)] 615 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,  616[Majlis-e-Shoora (Parliament)] 616 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 Proclamation has ceased to be in force.   (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 expiration of two months unless before the expiration of that period it has been approved by a resolution of the joint sitting; and  617[ (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 memberships of the two Houses in joint sitting. ] 617   (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 approved by a resolution of the Senate.
233	Power to suspend Fundamental Rights, etc., during emergency period. (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 provisions 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.   (2) While a Proclamation of Emergency is in force, the President may, by  619 Order, declare that the right to move any Court for the enforcement 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 Rights so specified, shall remain suspended for the period during which the Proclamation is in force, and any such Order may be made in respect of the whole or any part of Pakistan.   (3) Every Order made under this Article shall, as soon as may be, be laid before  620[both Houses of Majlis-e-Shoora (Parliament) separately] 620 for approval and the provisions of clauses (7) and (8) of Article 232 shall apply to such an Order as they apply to a Proclamation of Emergency.
234	Power to issue Proclamation in case of failure of constitutional machinery in a Province. (1) If the President, on receipt of a report from the Governor of a Province 622[] 622, is satisfied that a situation has arisen in which the Government of the Province cannot be carried on in accordance with the provisions of the Constitution, the President may, or if a resolution in this behalf is passed  623[by each House separately] 623 shall, by Proclamation, (a) assume to himself, or direct the Governor of the Province to assume on behalf of the President, all or any of the functions of the Government of the Province, and all or any of the powers vested in, or exercisable by, any body or authority in the Province, other than the Provincial Assembly; (b) declare that the powers of the Provincial Assembly shall be exercisable by, or under the authority of,  624[Majlis-e-Shoora (Parliament)] 624; 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 authorize 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 Article 105 shall not apply to the discharge 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 expiration 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 six 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 general election to the Assembly is not held before the expiration or 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 Article it has been declared that the powers of the Provincial Assembly shall be exercisable by or under the authority of  625[Majlis-e-Shoora (Parliament)] 625, it shall be competent- (a) to  626[Majlis-e-Shoora (Parliament)] 626 in joint sitting to confer on the President the power to make laws with respect to any matter within the legislative competence of the Provincial Assembly; (b) to  627[Majlis-e-Shoora (Parliament)] 627 in joint sitting, or the President, when he is empowered under paragraph (a), 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 thereof; (c) to the President, when  628[Majlis-e-Shoora (Parliament)] 628 is not in session, to authorize expenditure from the Provincial Consolidated Fund, whether the expenditure is charged by the Constitution upon that fund or not, pending the sanction of such expenditure by  629[Majlis-e-Shoora (Parliament)] 629 in joint sitting; and (d) to  630[Majlis-e-Shoora (Parliament)] 630 in joint sitting by resolution to sanction expenditure authorized by the President under paragraph (c).   (6) Any law made by  631[Majlis-e-Shoora (Parliament)] 631 or the President which  632[Majlis-e-Shoora (Parliament)] 632 or the President would not, but for the issue of a Proclamation under this Article, have been competent to make, shall, to the extent of the incompetency, cease to have affect 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. (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 consultation 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 force, 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 allowances of all or any class of persons serving in connection with the affairs of the Province.   (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 class of persons serving in connection with the affairs of the Federation.   (4) The provisions of clauses (3) and (4) of Article 234 shall apply to a Proclamation issued under this Article as they apply to a Proclamation issued under that Article.
236	Revocation of Proclamation, etc. (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	633[Majlis-e-Shoora (Parliament)] 633 may make laws of indemnity, etc. Nothing in the Constitution shall prevent  634[Majlis-e-Shoora (Parliament)] 634 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.

---

Notes

⁶⁰⁵   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 86 (with effect from April 19, 2010).

⁶⁰⁶   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 86 (with effect from April 19, 2010).

⁶⁰⁷   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 47 (with effect from March 2, 1985) for :

(a)

Parliament shall have power to make laws for a province, or any part thereof, with respect to any matter enumerated in Part II of the Federal Legislative List or the Concurrent Legislative List or with respect to any matter not enumerated in either of those Lists, as if it were a matter specified in Part I of the Federal Legislative List.

⁶⁰⁸   For such Order, in respect of N.W.F.P., see S.R.O. No. 22 (I)/75, dated February 16, 1975, Gazette of Pakistan, 1975, Extraordinary, Part II, page 329, since rescinded by S.R.O. No. 522 (I)/75, dated May 3, 1975, see Gazette of Pakistan, 1975, Extraordinary, Part II, page 727; and For such Order, in respect of the Province of Baluchistan, see S.R.O. No. 641 (I)/76, dated June 30, 1976, Gazette of Pakistan, 1976, Extraordinary, Part II, page 1207, since rescinded by S.R.O. No. 1161 (I)/76, dated December 6, 1976, see Gazette of Pakistan, 1976, Extraordinary, Part II, page 2279.

⁶⁰⁹   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶¹⁰   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶¹¹   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶¹²   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶¹³   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶¹⁴   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶¹⁵   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶¹⁶   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶¹⁷   Substituted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Section 3 (with effect from February 13, 1975) for :

(b)	may by resolution of a  618 joint sitting, be continued in force for a period not exceeding six months at a time.

⁶¹⁸   For resolutions under original paragraph (b) approving the continuance in force of the Proclamation of Emergency, see Gazette of Pakistan, 1974, Extraordinary, Part II, page 343, and page 1183.

⁶¹⁹   The Order suspending the right to move any court for the enforcement of certain Fundamental Rights issued vide Gazette of Pakistan, 1973, Extraordinary, part I, 602, has been rescinded by S.R.O. 1093 (I)/74, dated August 14, 1974. See Gazette of Pakistan, 1974, Extraordinary, Part II, page 1548.

⁶²⁰   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 87 (with effect from April 19, 2010) for :

 ⁶²¹ a joint sitting

⁶²¹   The joint sitting passed the following resolution on September 6, 1973:- "That the joint sitting approves under clause (7) of Article 232 of the Constitution, read with clause (3) of the Article 233 thereof, the President's Order of the 14th of August, 1973, made under clause (2) of the said Article 233 and the continuance in force of the said Order for the period of six months following the expiration of the period mentioned in paragraph (a) of the said clause (7) of Article 232.". For resolution approving the continuance in force of the President's Order of the 14th of August , 1973, for a further period of six months, see Gazette of Pakistan, 1974, Extraordinary, Part III, page 343.

⁶²²   The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 88(i) (with effect from April 19, 2010) : "or otherwise".

⁶²³   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 88(ii) (with effect from April 19, 2010) for "at a joint sitting".

⁶²⁴   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶²⁵   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶²⁶   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶²⁷   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶²⁸   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶²⁹   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶³⁰   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶³¹   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶³²   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶³³   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶³⁴   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

Introductory

Part I: Introductory

1	The Republic and its territories (1) Pakistan shall be a Federal Republic to be known as the Islamic Republic of Pakistan, hereinafter referred to as Pakistan.  1[ (2) The territories of Pakistan shall comprise:- (a) the Provinces of  2[Balochistan] 2, the  3[Khyber Pakthunkhwa] 3, the Punjab and  4[Sindh] 4 ; (b) the Islamabad Capital Territory, hereinafter referred to as the Federal Capital; (c) Federally Administered Tribal Areas; and (d) such States and territories as are or may be included in Pakistan, whether by accession or otherwise. (3)  5[Majlis-e-Shoora (Parliament)] 5 may by law admit into the Federation new States or areas on such terms and conditions as it thinks fit. ] 1
2	Islam to be State religion Islam shall be the State religion of Pakistan.

 ⁶[

2A	The Objectives Resolution to form part of substantive provisions. The principles and provisions set out in the Objectives Resolution reproduced in the Annex are hereby made substantive part of the Constitution and shall have effect accordingly.

] ⁶

3	Elimination of exploitation The State shall ensure the elimination of all forms of exploitation and the gradual fulfillment of the fundamental principle, from each according to his ability to each according to his work.
4	Right of individuals to be dealt with in accordance with law, etc. (1) To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Pakistan. (2) In particular :- (a) no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law; (b) no person shall be prevented from or be hindered in doing that which is not prohibited by law; and (c) no person shall be compelled to do that which the law does not require him to do.
5	Loyalty to State and obedience to Constitution and law. (1) Loyalty to the State is the basic duty of every citizen. (2) Obedience to the Constitution and law is the  7[inviolable] 7 obligation of every citizen wherever he may be and of every other person for the time being within Pakistan.
6	High treason  8[ (1) Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason. ] 8 (2) Any person aiding or abetting  9[or collaborating] 9 the acts mentioned in clause (1) shall likewise be guilty of high treason.  10[ (2A) An act of high treason mentioned in clause (1) or clause (2) shall not be validated by any court including the Supreme Court and a High Court. ] 10 (3)  11[Majlis-e-Shoora (Parliament)] 11 shall by law provide for the punishment of persons found guilty of high treason.

---

Notes

¹   Substituted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 2 (with effect from May 4, 1974) for :

(2)	The Constitution shall apply to the following territories of Pakistan: (a) the Provinces of Baluchistan, the North-West Frontier, the Punjab and Sind; (b) the Islamabad Capital Territory, hereinafter referred to as the Federal Capital; (c) the Federally Administered Tribal Areas and (d) such States and territories as are or may be included in Pakistan, whether by accession or otherwise.
(3)	The Constitution shall be appropriately amended so as to enable the people of the Province of East Pakistan, as and when foreign aggression in that Province and its effects are eliminated, to be represented in the affairs of the Federation.
(4)	Parliament may by law admit into the Federation new States or areas on such terms, and conditions as it thinks fit.

²   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 3 (with effect from April 19, 2010) for "Baluchistan".

³   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 3 (with effect from April 19, 2010) for "North-West Frontier".

⁴   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 3 (with effect from April 19, 2010) for "Sind".

⁵   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art.2 and Sch.item 2 (with effect from March 2, 1985).

⁷   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 3 (with effect from March 2, 1985) for "basic".

⁸   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 4(i) (with effect from April 19, 2010) for :

(1)	Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.

⁹   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 4(ii) (with effect from April 19, 2010).

¹⁰   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 4(iii) (with effect from April 19, 2010).

¹¹   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 1 (with effect from March 2, 1985) for "Parliament".

Part IX: "Islamic Provisions"

Part IX: Islamic Provisions

227	Provisions relating to the Holy Qur'an and Sunnah. (1) All existing laws shall be brought in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah, in this Part referred to as the Injunctions of Islam, and no law shall be enacted which is repugnant to such Injunctions.  596[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.] 596   (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 (1) There shall be  597 constituted 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 shall consist of such members, being not less than eight and not more than  598[twenty] 598, 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 two of the members are persons each of whom is, or has been, a Judge of the Supreme Court or of a High Court; (c) not less than  599[one-third] 599 of the members are persons each of whom has been engaged, for a period of not less than fifteen years, in Islamic research or instruction; and (d) at least one member is a woman.    600[ (4) The President shall appoint one of the members of the Islamic Council to be the Chairman thereof.   ] 600 (5) Subject to clause (6) a member of the Islamic Council shall hold office for a period of three 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  601[Majlis-e-Shoora (Parliament)] 601, etc. to Islamic Council. 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 advice any question as to whether a proposed law is or is not repugnant to the Injunctions of Islam.
230	Functions of Islamic Council. (1) The functions of the Islamic Council shall be, (a) to make recommendations to  602[Majlis-e-Shoora (Parliament)] 602 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 Holy 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 a proposed law is or is not repugnant to the Injunctions of Islam; (c) to make recommendations as to the measures for bringing existing laws into conformity with the Injunctions of Islam and the stages by which such measures should be brought into effect; and (d) to compile in a suitable form, for the guidance of  603[Majlis-e-Shoora (Parliament)] 603 and the Provincial Assemblies, such Injunctions of Islam as can be given legislative effect.   (2) When, under Article 229, 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 law 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 Assembly within six months of its receipt, and 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. The proceedings of the Islamic Council shall be regulated by rules of  604 procedure to be made by the Council with approval of the President.

---

Notes

⁵⁹⁶   Inserted by Constitution (Third Amendment) Order, 1980 (President's Order No. 14 of 1980), Section 2 (with effect from September 17, 1980).

⁵⁹⁷   For the notification constituting the Council of Islamic Ideology, see Gazette of Pakistan, 1974, Extraordinary, part II, Page 165. For the Council of Islamic Ideology (Terms and Conditions of Members) Rules, 1974, see Gazette of Pakistan, 1974, Extraordinary, Part II, page 1727.

⁵⁹⁸   Substituted by Constitution (Fourth Amendment) Order, 1980 (President's Order No. 16 of 1980), Section 2 (with effect from November 30, 1980) for "fifteen".

⁵⁹⁹   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 85 (with effect from April 19, 2010) for "four".

⁶⁰⁰   Substituted by Constitution (Fourth Amendment) Order, 1982 (President's Order No. 13 of 1982), Section 2 (with effect from September 22, 1982) for :

(4)	The President shall appoint one of the members referred to in paragraph (b) of clause (3) to be the Chairman of the Islamic Council.

⁶⁰¹   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶⁰²   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶⁰³   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶⁰⁴   For the Council of Islamic Ideology (Procedure) Rules, 1974, see Gazette of Pakistan, 1974, Extraordinary, Part II, pages 771-773.