Chapter 3: "Special Provisions" of Part V: "Relations between Federation and Provinces"

Part V: Relations between Federation and Provinces

Chapter 3: Special Provisions

 ³³¹[] ^331 334[] ³³⁴

153	Council of Common Interests. (1) There shall be a Council of Common Interests, in this Chapter referred to as the Council, to be appointed by the President.    336[ (2) The Council shall consist of- (a) the Prime Minister who shall be the Chairman of the Council; (b) the Chief Ministers of the Provinces; (c) three members from the Federal Government to be nominated by the Prime Minister from time to time.   ] 336 337[] 337 (4) The Council shall be responsible to  338[Majlis-e-Shoora (Parliament) ] 338 339[and shall submit an Annual Report to both Houses of Majlis-e-Shoora (Parliament)] 339.
154	Functions and rules of procedure.  340[ (1) The Council shall formulate and regulate policies in relation to matters in Part II of the Federal Legislative List and shall exercise supervision and control over related institutions.   ] 340 341[ (2) The Council shall be constituted within thirty days of the Prime Minister taking oath of office.   (3) The Council shall have a permanent Secretariat and shall meet at least once in ninety days: Provided that the Prime Minister may convene a meeting on the request of a Province on an urgent matter.   ] 341  342[(4)] 342 The decisions of the Council shall be expressed in terms of the opinion of the majority.    343[(5)] 343 Until  344[Majlis-e-Shoora (Parliament)] 344 makes provision by law in this behalf, the Council may make its rules of procedure.    345[(6)] 345  346[Majlis-e-Shoora (Parliament)] 346 in joint sitting may from time to time by resolution issue directions through the Federal Government to the Council generally or in a particular matter to take action as  347[Majlis-e-Shoora (Parliament)] 347 may deem just and proper and such directions shall be binding on the Council.    348[(7)] 348 If the Federal Government or a Provincial Government is dissatisfied with a decision of the council, it may refer the matter to  349[Majlis-e-Shoora (Parliament)] 349 in a joint sitting whose decision in this behalf shall be final.
155	Complaints as to interference with water supplies. (1) If the interests of a Province, the Federal Capital or the Federally Administered Tribal Areas, or any of the inhabitants thereof, in water from any natural source of supply  350[or reservoir] 350 have been or are likely to be affected prejudicially by- (a) any executive act or legislation taken or passed or proposed to be taken or passed, or (b) the failure of any authority to exercise any of its powers with respect to the use and distribution or control of water from that source, the Federal Government or the Provincial Government concerned may make a complaint in writing to the Council.   (2) Upon receiving such complaint, the Council shall, after having considered the matter, either give its decision or request the President to appoint a commission consisting of such persons having special knowledge and experience in irrigation, engineering, administration, finance or law as he may think fit, hereinafter referred to as the Commission.   (3) Until  351[Majlis-e-Shoora (Parliament)] 351 makes provision by law in this behalf, the provisions of the Pakistan Commissions of Inquiry Act, 1956, as in force immediately before the commencing day shall apply to the Council or the Commission as if the Council or the Commission were a commission appointed under that Act to which all the provisions of section 5 thereof applied and upon which the power contemplated by section 10A thereof had been conferred.   (4) After considering the report and supplementary report, if any, of the Commission, the Council shall record its decision on all matters referred to the Commission.   (5) Notwithstanding any law to the contrary, but subject to the provisions of clause (5) of Article 154, it shall be the duty of the Federal Government and the Provincial Government concerned in the matter in issue to give effect to the decision of the Council faithfully according to its terms and tenor.   (6) No proceeding shall lie before any court at the instance of any party to a matter which is or has been in issue before the Council. or of any person whatsoever, in respect of a matter which is actually or has been or might or ought to have been a proper subject of complaint to the Council under this Article.

 ³⁵²[

156.

National Economic Council (1) The President shall constituted a National Economic Council which shall consist of- (a) the Prime Minister, who shall be the Chairman of the Council; (b) the Chief Ministers and one member from each Province to be nominated by the Chief Minister; and (c) four other members as the Prime Minister may nominate from time to time.   (2) The National Economic Council shall review the overall condition of the country and shall, for advising the Federal Government and the Provincial Governments, forumulate plans in respect of financial, commercial, social and economic policies; and in formulating such plans it shall, amongst other factors, ensure balanced development and regional equity and shall also be guided by the Principles of Policty set out in Chapter 2 of Part-II.   (3) The meetings of the Council shall be summoned by the Chairman or on a requisition made by one-half of the members of the Council.   (4) The Coucil shall meet at least twice in a year and the quorum for a meeting of the Council shall be one-half of its total membership.   (5) The Council shall be responsible to the Majlis-e-Shoora (Parliament) and shall submit an Annual Report to each House of Majlis-e-Shoora (Parliament).

] ³⁵²

157	Electricity. (1) The Federal Government may in any Province construct or cause to be constructed hydro-electric or thermal power installations or grid stations for the generation of electricity and lay or cause to be laid inter-Provincial transmission lines  353[:] 353  354[Provided that the Federal Government shall, prior to taking a decision to construct or cause to be constructed, hydro-electric power stations in any Province, shall consult the Provincial Government concerned. ] 354   (2) The Government of a Province may- (a) to the extent electricity is supplied to that Province from the national grid, require supply to be made in bulk for transmission and distribution within the Province: (b) levy tax on consumption of electricity within the Province; (c) construct power houses and grid stations and lay transmission lines for use within the Province; and (d) determine the tariff for distribution of electricity within the Province.    355[ (3) In case of any dispute between the Federal Government and a Provincial Government in respect of any matter under this Article, any of the said Governments may move the Council of Common Interests for resolution of the dispute.   ] 355
158	Priority of requirements of natural gas. The Province in which a well-head of natural gas is situated shall have precedence over other parts of Pakistan in meeting the requirements from the well-head, subject to the commitments and obligations as on the commencing day.
159	Broadcasting and telecasting. (1) The Federal Government shall not unreasonably refuse to entrust to a Provincial Government such functions with respect to broadcasting and telecasting as may be necessary to enable that Government- (a) to construct and use transmitters in the Province; and (b) to regulate and impose fees in respect of, the construction and use of transmitters and the use of receiving apparatus in the Province: Provided that nothing in this clause shall be construed as requiring the Federal Government to entrust to any Provincial Government any control over the use of transmitters constructed or maintained by the Federal Government or by persons authorised by the Federal Government, or over the use of receiving apparatus by person so authorised.   (2) Any functions so entrusted to a Provincial Government shall be exercised subject to such conditions as may be imposed by the Federal Government, including, notwithstanding anything contained in the Constitution, any conditions with respect to finance, but it shall not be lawful for the Federal Government so to impose any conditions regulating the matter broadcast or telecast by, or by authority of, the Provincial Government.   (3) Any Federal law with respect to broadcasting and telecasting shall be such as to secure that effect can be given to the foregoing provisions of this Article.   (4) If any question arises whether any conditions imposed on any Provincial Government are lawfully imposed, or whether any refusal by the Federal Government to entrust functions is unreasonable, the question shall be determined by an arbitrator appointed by the Chief Justice of Pakistan.   (5) Nothing in this article shall be construed as restricting the powers of the Federal Government under the Constitution for the prevention of any grave menace to the peace or tranquility of Pakistan or any part thereof.

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Notes

³³¹   The following was omitted by Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), Article 5 (with effect from December 31, 2003) : :

 ³³²[

152A

National Security Council. (1) There shall be a National Security Council to serve as a forum for consultation on strategic matters pertaining to the sovereignty, integrity and security of the State; and the matters relating to democracy, governance and inter-provincial harmony.   (2) The President shall be the Chairman of the National Security Council and its other members shall be the Prime Minister, the Chairman of the Senate, the Speaker of the National Assembly, the Leader of the Opposition in the National Assembly, the Chief Ministers of the Provinces, the Chairman Joint Chiefs of Staff Committee, and the Chiefs of Staff of the Pakistan Army, Pakistan Navy and Pakistan Air Force.   (3) Meetings of the National Security Council may be convened by the President either in his discretion, or on the advice of the Prime Minister, or when requested by any other of its members,  333[regularly] 333.

] ³³²

³³²   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 17 (with effect from August 21, 2002).

³³³   Substituted by Legal Framework (Second Amendment) Order, 2002 (Chief Executive's Order No. 32 of 2002) (with effect from ) for "within the time frame indicated by him".

³³⁴   The following was omitted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 18 (with effect from November 9, 1985) : :

 ³³⁵[

152A

National Security Council. (1) There shall be a National Security Council to make recommendations relating to the issue of a Proclamation of Emergency under Article 232, security of Pakistan and any other matter of national importance that may be referred to it by the President in consultation with the Prime Minister.   (2) The National Security Council shall consist of the President, the Prime Minister, the Chairman of the Senate, the Chairman, Joint Chiefs of Staff Committee, the Chiefs of Staff of the Pakistan Army, the Pakistan Navy and the Pakistan Air Force, and the Chief Ministers of the Provinces.

] ³³⁵

³³⁵   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 32 (with effect from March 2, 1985).

³³⁶   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 54(i) (with effect from April 19, 2010) for :

(2)	The members of the Council shall be- (a) the Chief Ministers of the Provinces, and (b) an equal number of members from the Federal Government to be nominated by the Prime Minister from time to time.

³³⁷   The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 54(ii) (with effect from April 19, 2010) : :

(3)	The Prime Minister, if he is a member of the Council, shall be the Chairman of the Council but, if at any time he is not a member, the President may nominate a Federal Minister who is a member of the Council to be its Chairman.

³³⁸   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".

³³⁹   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 54(iii) (with effect from April 19, 2010).

³⁴⁰   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 55(i) (with effect from April 19, 2010) for :

(1)	The Council shall formulate and regulate policies in relation to matters in Part II of the Federal Legislative List and, in so far as it is in relation to the affairs of the Federation, the matter in entry 34 (electricity) in the Concurrent Legislative List, and shall exercise supervision and control over related institutions.

³⁴¹   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 55(ii) (with effect from April 19, 2010).

³⁴²   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 55(ii) (with effect from April 19, 2010) for "(2)".

³⁴³   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 55(ii) (with effect from April 19, 2010) for "(3)".

³⁴⁴   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".

³⁴⁵   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 55(ii) (with effect from April 19, 2010) for "(4)".

³⁴⁶   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".

³⁴⁷   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".

³⁴⁸   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 55(ii) (with effect from April 19, 2010) for "(5)".

³⁴⁹   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".

³⁵⁰   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 56 (with effect from April 19, 2010).

³⁵¹   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".

³⁵²   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 57 (with effect from April 19, 2010) for :

156

National Economic Council. (1) The President shall constitute a National Economic Council consisting of the Prime Minister, who shall be its Chairman, and such other members as the President may determine: Provided that the President shall nominate one member from each Province on the recommendation of the Government of that Province.   (2) The National Economic Council shall review the overall economic condition of the country and shall, for advising the Federal Government and the Provincial Governments, formulate plans in respect of financial, commercial, social and economic policies; and in formulating such plans, it shall be guided by the, Principles of Policy set out in Chapter 2 of Part II.

³⁵³   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 58(i) (with effect from April 19, 2010) for ".".

³⁵⁴   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 58(i) (with effect from April 19, 2010).

³⁵⁵   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 58(ii) (with effect from April 19, 2010).

Fundamental Rights

Part II: Fundamental Rights

7	Definition of the State In this Part, unless the context otherwise requires, "the State" means the Federal Government,  12[Majlis-e-Shoora (Parliament)] 12, a Provincial Government, a Provincial Assembly, and such local or other authorities in Pakistan as are by law empowered to impose any tax or cess.

Chapter 1: Fundamental Rights

8	Laws inconsistent with or in derogation of fundamental rights to be void. (1) Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred by this Chapter, shall, to the extent of such inconsistency, be void. (2) The State shall not make any law which takes away or abridges the rights so conferred and any law made in contravention of this clause shall, to the extent of such contravention, be void. (3) The provisions of this Article shall not apply to :- (a) any law relating to members of the Armed Forces, or of the police or of such other forces as are charged with the maintenance of public order, for the purpose of ensuring the proper discharge of their duties or the maintenance of discipline among them; or  13[ (b) any of the:- (i) laws specified in the First Schedule as in force immediately before the commencing day or as amended by any of the laws specified in that Schedule; (ii) other laws specified in Part I of the First Schedule; ] 13 and no such law nor any provision thereof shall be void on the ground that such law or provision is inconsistent with, or repugnant to, any provision of this Chapter. (4) Notwithstanding anything contained in paragraph (b) of clause (3), within a period of two years from the commencing day, the appropriate Legislature shall bring the laws specified in  15[Part II of the First Schedule] 15 into conformity with the rights conferred by this Chapter: Provided that the appropriate Legislature may by resolution extend the said period of two years by a period not exceeding six months. Explanation:- If in respect of any law  16[Majlis-e-Shoora (Parliament)] 16 is the appropriate Legislature, such resolution shall be a resolution of the National Assembly. (5) The rights conferred by this Chapter shall not be suspended except as expressly provided by the Constitution.
9	Security of person. No person shall be deprived of life or liberty save in accordance with law.
10	Safeguards as to arrest and detention (1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice. (2) Every person who is arrested and detained in custody shall be produced before a magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the nearest magistrate, and no such person shall be detained in :custody beyond the said period without the authority of a magistrate. (3) Nothing in clauses (1) and (2) shall apply to any person who is arrested or detained under any law providing for preventive detention. (4) No law providing for preventive detention shall be made except to deal with persons acting in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof, or external affairs of Pakistan, or public order, or the maintenance of supplies or services, and no such law shall authorise the detention of a person for a period exceeding  17[three months] 17 unless the appropriate Review Board has, after affording him an opportunity of being heard in person, reviewed his case and reported, before the expiration of the said period, that there is, in its opinion, sufficient cause for such detention, and, if the detention is continued after the said period of  18[three months] 18, unless the appropriate Review Board has reviewed his case and reported, before the expiration of each period of three months, that there is, in its opinion, sufficient cause for such detention. Explanation-I: In this Article, "the appropriate Review Board" means:- (i) in the case of a person detained under a Federal law, a Board appointed by the Chief Justice of Pakistan and consisting of a Chairman and two other persons, each of whom is or has been a Judge of the Supreme Court or a High Court; and (ii) in the case of a Person detained under a Provincial law, a Board appointed by the Chief Justice of the High Court concerned and consisting of a Chairman and two other persons, each of whom is or has been a Judge of a High Court. Explanation-II: The opinion of a Review Board shall be expressed in terms of the views of the majority of its members. (5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall,  19[within fifteen days] 19 from such detention, communicate to such person the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order: Provided that the authority making any such order may refuse to disclose facts which such authority considers it to be against the public interest to disclose. (6) The authority making the order shall furnish to the appropriate Review Board all documents relevant to the case unless a certificate, signed by a Secretary to the Government concerned, to the effect that it is not in the public interest to furnish any documents, is produced. (7) Within a period of twenty-four months commencing on the day of his first detention in pursuance of an order made under a law providing for preventive detention, no person shall be detained in pursuance of any such order for more than a total period of eight months in the case of a person detained for acting in a manner prejudicial to public order and twelve months in any other case: Provided that this clause shall not apply to any person who is employed by, or works for, or acts on instructions received from, the enemy  20[or who is acting or attempting to act in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof or who commits or attempts to commit any act which amounts to an anti-national activity as defined in a Federal law or is a member of any association which has for its objects, or which indulges in, any such anti-national activity] 20. (8) The appropriate Review Board shall determine the place of detention of the person detained and fix a reasonable subsistence allowance for his family. (9) Nothing in this Article shall apply to any person who for the time being is an enemy alien.

 ²¹[

10A.	Right to fair trial: For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process.

] ²¹

11	Slavery, forced labour, etc. prohibited (1) Slavery is non-existent and forbidden and no law shall permit or facilitate its introduction into Pakistan in any form. (2) All forms of forced labour and traffic in human beings are prohibited. (3) No child below the age of fourteen years shall be engaged in any factory or mine or any other hazardous employment. (4) Nothing in this Article shall be deemed to affect compulsory service:- (a) by any person undergoing punishment for an offence against any law; or (b) required by any law for public purpose provided that no compulsory service shall be of a cruel nature or incompatible with human dignity.
12	Protection against retrospective punishment (1) No law shall authorize the punishment of a person:- (a) for an act or omission that was not punishable by law at the time of the act or omission; or (b) for an offence by a penalty greater than, or of a kind different from, the penalty prescribed by law for that offence at the time the offence was committed. (2) Nothing in clause (1) or in Article 270 shall apply to any law making acts of abrogation or subversion of a Constitution in force in Pakistan at any time since the twenty-third day of March, one thousand nine hundred and fifty-six, an offence.
13	Protection against double punishment and self incrimination. No person:- (a) shall be prosecuted or punished for the same offence more than once; or (b) shall, when accused of an offence, be compelled to be a witness against himself.
14	Inviolability of dignity of man, etc. (1) The dignity of man and, subject to law, the privacy of home, shall be inviolable. (2) No person shall be subjected to torture for the purpose of extracting evidence.
15	Freedom of movement, etc. Every citizen shall have the right to remain in, and, subject to any reasonable restriction imposed by law in the public interest, enter and move freely throughout Pakistan and to reside and settle in any part thereof.
16	Freedom of assembly. Every citizen shall have the right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order.

 ²²[

17.

Freedom of association: (1) Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality. (2) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial to the soverignty or integrity of Pakistan, the Federal Government shall, within fifeen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final. (3) Every political party shall account for the source of its funds in accordance with law.

] ²²

18	Freedom of trade, business or profession. Subject to such qualifications, if any, as may be prescribed by law, every citizen shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business: Provided that nothing in this Article shall prevent:- (a) the regulation of any trade or profession by a licensing system; or (b) the regulation of trade, commerce or industry in the interest of free competition therein; or (c) the carrying on, by the Federal Government or a Provincial Government, or by a corporation controlled by any such Government, of any trade, business, industry or service, to the exclusion, complete or partial, of other persons.
19	Freedom of speech, etc. Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court,  30[commission of] 30 or incitement to an offence.

 ³¹[

19A.	Right to information: Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law.

] ³¹

20	Freedom to profess religion and to manage religious institutions. Subject to law, public order and morality:- (a) every citizen shall have the right to profess, practice and propagate his religion; and (b) every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions.
21	Safeguard against taxation for purposes of any particular religion. No person shall be compelled to pay any special tax the proceeds of which are to be spent on the propagation or maintenance of any religion other than his own.
22	Safeguards as to educational institutions in respect of religion, etc. (1) No person attending any educational institution shall be required to receive religious instruction, or take part in any religious ceremony, or attend religious worship, if such instruction, ceremony or worship relates to a religion other than his own. (2) In respect of any religious institution, there shall be no discrimination against any community in the granting of exemption or concession in relation to taxation. (3) Subject to law: (a) no religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any educational institution maintained wholly by that community or denomination; and (b) no citizen shall be denied admission to any educational institution receiving aid from public revenues on the ground only of race, religion, caste or place of birth. (4) Nothing in this Article shall prevent any public authority from making provision for the advancement of any socially or educationally backward class of citizens.
23	Provision as to property. Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan, subject to the Constitution and any reasonable restrictions imposed by law in the public interest.
24	Protection of property rights. (1) No person shall be compulsorily deprived of his property save in accordance with law. (2) No property shall be compulsorily acquired or taken possession of save for a public purpose, and save by the authority of law which provides for compensation therefore and either fixes the amount of compensation or specifies the principles on and the manner in which compensation is to be determined and given. (3) Nothing in this Article shall affect the validity of :- (a) any law permitting the compulsory acquisition or taking possession of any property for preventing danger to life, property or public health; or (b) any law permitting the taking over of any property which has been acquired by, or come into the possession of, any person by any unfair means, or in any manner, contrary to law; or (c) any law relating to the acquisition, administration or disposal of any property which is or is deemed to be enemy property or evacuee property under any law (not being property which has ceased to be evacuee property under any law); or (d) any law providing for the taking over of the management of any property by the State for a limited period, either in the public interest or in order to secure the proper management of the property, or for the benefit of its owner; or (e) any law providing for the acquisition of any class of property for the purpose of (i) providing education and medical aid to all or any specified class of citizens or (ii) providing housing and public facilities and services such as roads, water supply, sewerage, gas and electric power to all or any specified class of citizens; or (iii) providing maintenance to those who, on account of unemployment, sickness, infirmity or old age, are unable to maintain themselves ; or (f) any existing law or any law made in pursuance of Article 253. (4) The adequacy or otherwise of any compensation provided for by any such law as is referred to in this Article, or determined in pursuance thereof, shall not be called in question in any court.
25	Equality of citizens. (1) All citizens are equal before law and are entitled to equal protection of law. (2) There shall be no discrimination on the basis of sex  32[] 32. (3) Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.

 ³³[

25A.	Right to education: The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law.

] ³³

26.	Non-discrimination in respect of access to public places. (1) In respect of access to places of public entertainment or resort not intended for religious purposes only, there shall be no discrimination against any citizen on the ground only of race, religion, caste, sex, residence or place of birth. (2) Nothing in clause (1) shall prevent the State from making any special provision for women and children.
27.	Safeguard against discrimination in services. (1) No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth: Provided that, for a period not exceeding  34[forty] 34 years from the commencing day, posts may be reserved for persons belonging to any class or area to secure their adequate representation in the service of Pakistan: Provided further that, in the interest of the said service, specified posts or services may be reserved for members of either sex if such posts or services entail the performance of duties and functions which cannot be adequately performed by members of the other sex 36[:] 36  37[Provided also that under-representation of any class or area in the service of Pakistan may be redressed in such manner as may be determined by an Act of Majlis-e-Shoora (Parliament).] 37 (2) Nothing in clause (1) shall prevent any Provincial Government, or any local or other authority in a Province, from prescribing, in relation to any post or class of service under that Government or authority, conditions as to residence in the Province. for a period not exceeding three years, prior to appointment under that Government or authority.
28	Preservation of language, script and culture. Subject to Article 251 any section of citizens having a distinct language, script or culture shall have the right to preserve and promote the same and subject to law, establish institutions for that purpose.

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Notes

¹²   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".

¹³   Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 2 (with effect from November 21, 1975) for :

(b)	any of the laws specified in the First Schedule as in force immediately before the commencing day  14[or as amended by any of the laws specified in that Schedule] 14;

¹⁴   Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Article 3 (with effect from May 4, 1974).

¹⁵   Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 2 (with effect from November 21, 1975) for "the First Schedule, not being a law which relates to, or is connected with, economic reforms".

¹⁶   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".

¹⁷   Substituted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Article 2 (with effect from February 13, 1975) for "one month".

¹⁸   Substituted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Article 2 (with effect from February 13, 1975) for "one month".

¹⁹   Substituted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Article 2 (with effect from February 13, 1975) for "as soon as may be, but not later than one week".

²⁰   Inserted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Article 2 (with effect from February 13, 1975).

²¹   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 5 (with effect from April 19, 2010).

²²   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 6 (with effect from April 19, 2010) for :

17

Freedom of association. (1) Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of  23[sovereignty or integrity of Pakistan, public order or morality] 23.  24[ (2) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan  25[or public order] 25and such law shall provide that where the Federal Government declare that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan  26[or public order] 26, the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final 27[:] 27  28[Provided that no political party shall promote sectarian, ethnic, regional hatred or animosity, or be titled or constituted as a militant group or section.] 28 (3) Every political party shall account for the source of its funds in accordance with law. ] 24 29[ (4) Every political party shall, subject to law, hold intra-party elections to elect its office-bearers and party leaders. ] 29

²³   Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 3 (with effect from November 21, 1975) for "morality or public order".

²⁴   Substituted by Constitution (First Amendment) Act, 1974 (33 of 1974), Article 4 (with effect from May 4, 1974) for :

(2)	Every citizen not being in the service of Pakistan shall have the right to form or be a member of a political party. Every political party shall account for the source of its funds in accordance with law.

²⁵   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 1(a) (with effect from August 21, 2002).

²⁶   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 1(a) (with effect from August 21, 2002).

²⁷   Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 1(b) (with effect from August 21, 2002) for ".".

²⁸   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 1(b) (with effect from August 21, 2002).

²⁹   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 2 (with effect from August 21, 2002).

³⁰   Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 4 (with effect from November 21, 1975) for "defamation".

³¹   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 6 (with effect from April 19, 2010).

³²   The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 8 (with effect from April 19, 2010) : "alone".

³³   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 9 (with effect from April 19, 2010).

³⁴   Substituted by Constitution (Sixteenth Amendment) Act, 1999 (6 of 1999), Article 2 (with effect from August 5, 1999) for " ³⁵[twenty] ³⁵".

³⁵   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 4 (with effect from March 2, 1985) for "ten".

³⁶   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 10 (with effect from April 19, 2010) for ".".

³⁷   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 10 (with effect from April 19, 2010).