Chapter 3: "The Federal Government" of Part III: "The Federation of Pakistan"

Part III: The Federation of Pakistan

Chapter 3: The Federal Government

 ¹⁹⁶[ ¹⁹⁷[

90.

The Federal Government: (1) Subject to the Constitution, the executive authority of the Federation shall be exercised in the name of the President by the Federal Government, consisting of the Prime Minister and the Federal Ministers, which shall act through the Prime Minister, who shall be the chief executive of the Federation.   (2) In the performance of his functions under the Constitution, the Prime Minister may act either directly or through the Federal Ministers."

] ^197
 200[

91.

The Cabinet: (1) There shall be a Cabinet of Ministers, with the Prime Minister at its head, to aid and advise the President in the exercise of his functions.   (2) The National Assembly shall meet on the twenty-first day following the day on which a general election to the Assembly is held, unless sooner summoned by the President.   (3) After the election of the Speaker and the Deputy Speaker, the National Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its Muslim members to be the Prime Minister.   (4) The Prime Minister shall be elected by the votes of the majority of the total membership of the National Assembly: Provided that, if no member secures such majority in the first poll, a second poll shall be held between the members who secure the two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting shall be declared to have been elected as Prime Minister: Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further poll shall be held between them until one of them secures a majority of votes of the members present and voting.   (5) The member elected under clause (4) shall be called upon by the President to assume the office of Prime Minister and he shall, before entering upon the office, make before the President oath in the form set out in the Third Schedule: Provided that there shall be no restriction on the number of terms for the office of the Prime Minister.   (6) The Cabinet, together with the Ministers of State, shall be collectively responsible to the Senate and the National Assembly.   (7) The Prime Minister shall hold office during the pleasure of the President, but the President shall not exercise his powers under this clause unless he is satisfied that the Prime Minister does not command the confidence of the majority of the members of the National Assembly, in which case he shall summon the National Assembly and require the Prime Minister to obtain a vote of confidence from the Assembly.   (8) The Prime Minister may, by writing under his hand addressed to the President, resign his office.   (9) A Minister who for any period of six consecutive months is not a member of the National Assembly shall, at the expiration of that period, cease to be a Minister and shall not before the dissolution of that Assembly be again appointed a Minister unless he is elected a member of that Assembly: Provided that nothing in this clause shall apply to a Minister who is a member of the Senate.   (10) Nothing in this Article shall be construed as disqualifying the Prime Minister or any other Minister or a Minister of State for continuing in office during any period during which the National Assembly stands dissolved, or as preventing the appointment of any person as Prime Minister or other Minister or a Minister of State during any such period.

] ²⁰⁰

92	Federal Ministers and Ministers of State. (1) Subject to clauses  204[(9) and (10)] 204 of Article 91, the President shall appoint Federal Ministers and Ministers of State from amongst the members of Majlis-e-Shoora (Parliament) on the advice of the Prime Minister: Provided that the number of Federal Ministers and Ministers of State who are members of the Senate shall not at any time exceed one-fourth of the number of Federal Ministers 205[:] 205  206[Provided further that the total strength of the Cabinet, including Ministers of State, shall not exceed eleven percent of the total membership of Majlis-e-Shoora (Parliament): Provided also that the aforesaid amendment shall be effective from the next general election held after the commencement of the Constitution (Eighteenth Amendment) Act, 2010. ] 206   (2) Before entering upon office, a Federal Minister or Minister of State shall make before the President oath in the form set out in the Third Schedule.   (3) A Federal Minister or Minister of State may, by writing under his hand addressed to the President, resign his office or may be removed from office by the President on the advice of the Prime Minister.
93	Advisers. (1) The President may, on the advice of the Prime Minister, appoint not more than five Advisers, on such terms and conditions as he may determine.   (2) The provisions of Article 57 shall also apply to an Adviser.
94	Prime Minister continuing in office. The President may ask the Prime Minister to continue to hold office until his successor enters upon the office of Prime Minister.
95	Vote of no-confidence against Prime Minister. (1) A resolution for a vote of no-confidence moved by not less than twenty per centum of the total membership of the National Assembly may be passed against the Prime Minister by the National Assembly.   (2) A resolution referred to in clause (1) shall not be voted upon before the expiration of three days, or later than seven days, from the day on which such resolution is moved in the National Assembly.   (3) A resolution referred to in clause (1) shall not be moved in the National Assembly while the National Assembly is considering demands for grants submitted to it in the Annual Budget Statement.   (4) If the resolution referred to in clause (1) is passed by a majority of the total membership of the National Assembly, the Prime Minister shall cease to hold office.

] ^196 207[] ²⁰⁷

97	Extent of executive authority of Federation. Subject to the Constitution, the executive authority of the Federation shall extend to the matters with respect to which  209[Majlis-e-Shoora (Parliament)] 209 has power to make laws, including exercise of rights, authority and jurisdiction in and in relation to areas outside Pakistan: Provided that the said authority shall not, save as expressly provided in the Constitution or in any law made by  210[Majlis-e-Shoora (Parliament)] 210, extend in any Province to a matter with respect to which the Provincial Assembly has also power to make laws.
98	Conferring of functions on subordinate authorities. On the recommendation of the Federal Government,  211[Majlis-e-Shoora (Parliament)] 211 may by law confer functions upon officers or authorities subordinate to the Federal Government.

 ²¹²[

99

Conduct of business of Federal Government. (1) All executive actions of the Federal Government shall be expressed to be taken in the name of the President.   (2) The  213[Federal Government] 213 shall by rules specify the manner in which orders and other instruments made and executed  214[in the name of the President] 214 shall be authenticated, and the validity of any order or instrument so authenticated shall not be questioned in any court on the ground that it was not made or executed by the President.    215[ (3) The Federal Government shall also make rules for the allocation and transaction of its business.   ] 215

] ²¹²

100

Attorney-General for Pakistan. (1) The President shall appoint a person, being a person qualified to be appointed a Judge of the Supreme Court, to be the Attorney-General for Pakistan.   (2) The Attorney-General shall hold office during the pleasure of the President  216[and shall not engage in private practice so long as he holds the office of the Attorney-General] 216.   (3) It shall be the duty of the Attorney-General to give advice to the Federal Government upon such legal matters, and to perform such other duties of a legal character as may be referred or assigned to him by the Federal Government, and in the performance of his duties he shall have the right of audience in all courts and tribunals in Pakistan.   (4) The Attorney-General may, by writing under his hand addressed to the President, resign his office.

---

Notes

¹⁹⁶   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 20 (with effect from March 2, 1985) for :

90	(1) Subject to the Constitution, the executive authority of the Federation shall be exercised in the name of the President by the Federal Government, consisting of the Prime Minister and the Federal Ministers which shall act through the Prime Minister who shall be the chief executive of the Federation.   (2) In the performance of his functions under the Constitution, the Prime Minister may act either directly or through the Federal Ministers.   (3) The Prime Minister and the Federal Ministers shall be collectively responsible to the National Assembly.
91.	(1) The National Assembly shall meet on the thirtieth day following the day on which a general election to the Assembly is held, unless sooner summoned by the President.   (2) After the election of the Speaker and the Deputy Speaker, the National Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its Muslim members to be the Prime Minister.   (3) The Prime Minister shall be elected by the votes of the majority of the total membership of the National Assembly: Provided that, if no member secures such majority in the first poll, a second poll shall be held between the members who secure the two highest numbers of votes in the first poll and the member who secures majority of votes of the members present and voting shall be declared to have been elected as Prime Minister. Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further poll shall be held between them until one of them secures a majority of votes of the members present and voting.   4 The member elected under clause (3) shall be called upon by the President to assume the office of Prime Minister and he shall, before entering upon the office, make before the President oath in the form set out in the Third Schedule.
92	(1) The Prime Minister shall appoint Federal Ministers and Ministers of State from amongst the members of Parliament: Provided that the number of Federal Ministers and Ministers of State who are members of the Senate shall not at any time exceed one-fourth of the number of Federal Ministers.   (2) Before entering upon office, a Federal Minister or a Minister of State shall make before the President oath in the form set out in the Third Schedule.   (3) A Federal Minister or a Minister of State may, by writing under his hand addressed to the Prime Minister, resign his office or may by removed from office by the Prime Minister.
93.	(1) The Prime Minister shall continue to hold office until his successor enters upon the office of Prime Minister.   (2) Nothing in Article 91 or Article 92 shall be construed to disqualify the Prime Minister or a Federal Minister or a Minister of State from continuing in office during the period the National Assembly stands dissolved.
94.	(1) Subject to clause (2), the Prime Minister may by writing under his hand addressed to the President, resign his office and, when the Prime Minister resigns, the Federal Ministers and Minister of State shall cease to hold office.   (2) The Prime Minister and, at the request of the Prime Minister, a Federal Minister shall continue to perform the functions of the office of Prime Minister or, as the case may be, Federal Minister until a new Prime Minister has been elected and has entered upon his office.   (3) If the National Assembly is in session at the time when the Prime Minister resigns his office, the Assembly shall forthwith proceed to elect a Prime Minister, and if the Assembly is not in session the President shall for that purpose summon it to meet within fourteen days of the resignation.
95.	(1) In the event of the death of the Prime Minister or the office of Prime Minister becoming vacant by reason of his ceasing to be a member of the National Assembly, the most senior Federal Minister for the time being shall be called upon by the President to perform the functions of that office and the Federal Ministers and Ministers of State shall continue in office until a new Prime Minister has been elected and has entered upon his office.   (2) If the National Assembly is in session at the time when the Prime Minister dies or the office of Prime Minister becomes vacant, the Assembly shall forthwith proceed to elect a Prime Minister, and if the Assembly is not in session the President shall for that purpose summon it to meet within fourteen days of the death of Prime Minister, or, as the case may be, of the office becoming vacant.   (3) When the Prime Minister, by reason of absence from Pakistan or any other cause, is unable to perform his functions, the most senior Federal Minister for the time being shall perform the functions of Prime Minister until the Prime Minister returns to Pakistan or, as the case may be, resumes his functions.   (4) In this Article, "most senior Federal Minister means the Federal Minister for the time being designated as such by the Prime Minister.
96.	(1) A resolution for a vote of no-confidence may be passed against the Prime Minister by the National Assembly.   (2) A resolution referred to in clause (1) shall not be moved in the National Assembly unless, by the same resolution, the name of another member of the Assembly is put forward as the successor.   (3) A resolution referred to in clause (1) shall not be moved in the National Assembly while the National Assembly is considering demands for grants submitted in the Annual Budget Statement.   (4) A resolution referred to in clause (1) shall not be voted upon before the expiration of three days, or later than seven days, from the day on which such resolution is moved in the National Assembly.   (5) If the resolution referred to in clause (1) is passed by a majority of the total membership of the National Assembly, the President shall call upon the person named in the resolution as the successor to assume office and on his entering upon office his predecessor and the Federal Ministers and Ministers of State appointed by him shall cease to hold office. Provided that, for a period of ten years from the commencing day or the holding of the second general election to the National Assembly whichever occurs later, the vote of a member, elected to the National Assembly as a candidate or nominee of a political party, cast in support of a resolution for a vote of no-confidence shall be disregarded if the majority of the members of that political party in the National Assembly has cast its votes against the passing of such resolution.   (6) If a resolution referred to in clause (1) is not passed, another such resolution shall not be moved until a period of six months has elapsed.

¹⁹⁷   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 28 (with effect from April 19, 2010) for :

90

Exercise of executive authority of the Federation.  198[(1)] 198 The executive authority of the Federation shall vest in the President and shall be exercised by him, either directly or through officers subordinate to him, in accordance with the Constitution.    199[ (2) Nothing contained in clause (1) shall :- (a) be deemed to transfer to the President any functions conferred by any existing law on the Government of any Province or other authority; or (b) prevent the Majlis-e-Shoora (Parliament) from conferring by law functions on authorities other than the President.   ] 199

¹⁹⁸   Renumbered by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 9 (with effect from November 9, 1985)

¹⁹⁹   Inserted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 9 (with effect from November 9, 1985).

²⁰⁰   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 29 (with effect from April 19, 2010) for :

91

The Cabinet. (1) There shall be a Cabinet of Ministers, with the Prime Minister at its head, to aid and advise the President in the exercise of his functions.   (2) The President shall in his discretion appoint from amongst the members of the National Assembly a Prime Minister who, in his opinion, is most likely to command the confidence of the majority of the members of the National Assembly.    201[ (2A) Notwithstanding any-thing contained in clause (2), after the twentieth day of March, one thousand nine hundred and ninety, the President shall invite the member of the National Assembly to be the Prime Minister who commands the confidence of the majority of the members of the National Assembly, as ascertained in a session of the Assembly summoned for the purpose in accordance with the provisions of the Constitution.   ] 201 (3) The person appointed under clause (2)  202[or as the case may be, invited under clause (2A)] 202 shall, before entering upon the office, make before the President oath in the form set out in the Third Schedule and shall within a period of sixty days thereof obtain a vote of confidence from the National Assembly.   (4) The Cabinet, together with the Ministers of State, shall be collectively responsible to the National Assembly.    203[ (5) The Prime Minister shall hold office during the pleasure of the President, but the President shall not exercise his powers under this clause unless he is satisfied that the Prime Minister does not command the confidence of the majority of the members of the National Assembly, in which case he shall summon the National Assembly and require the Prime Minister to obtain a vote of confidence from the Assembly.   ] 203 (6) The Prime Minister may, by writing under his hand addressed to the President, resign his office.   (7) A Minister who for any period of six consecutive months is not a member of the National Assembly shall, at the expiration of that period, cease to be a Minister and shall not before the dissolution of that Assembly be again appointed a Minister unless he is elected a member of that Assembly: Provided that nothing contained in this clause shall apply to a Minister who is a member of the Senate.   (8) Nothing contained in this Article shall be construed as disqualifying the Prime Minister or any other Minister or a Minister of State for continuing in office during any period during which the National Assembly stands dissolved, or as preventing the appointment of any person as Prime Minister or other Minister or as Minister of State during any such period.

²⁰¹   Inserted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 10(a) (with effect from November 9, 1985).

²⁰²   Inserted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 10(b) (with effect from November 9, 1985).

²⁰³   Substituted by Constitution (Eighth Amendment) Act, 1985 (18 of 1985), Section 10(c) (with effect from November 9, 1985) for :

(5)	The Prime Minister shall hold office during the pleasure of the President, but the President shall not exercise his powers under this clause unless he is satisfied that the Prime Minister does not command the confidence of the majority of the members of the National Assembly.

²⁰⁴   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 30(i) (with effect from April 19, 2010) for "(7) and (8)".

²⁰⁵   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 30(ii) (with effect from April 19, 2010) for ".".

²⁰⁶   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 30(ii) (with effect from April 19, 2010).

²⁰⁷   The following was omitted by Constitution (Seventh Amendment) Act, 1977 (23 of 1977), Section 1(3) (with effect from September 13, 1977) : :

 ²⁰⁸[

96A

Referendum as to confidence in Prime Minister (1) If at any time the Prime Minister considers it necessary to obtain a vote of confidence of the people of Pakistan through a referendum he may advise the President to cause the matter to be referred to referendum in accordance with law made by Parliament.   (2) The law referred to in clause (1) shall provide for the constitution of a Referendum Commission and the manner and mode of holding a referendum.   (3) On receipt of the advice of the Prime Minister under clause (1), the President shall call upon the Referendum Commission to conduct d referendum amongst the persons whose names appear on the electoral rolls for the immediately preceding general elections to the National Assembly as revised up-to-date.   (4) Any dispute arising in connection with the counting of votes at a referendum shall be finally determined by the Referendum Commission or a member thereof authorised by it and, save as aforesaid, no dispute arising in connection with a referendum or the result thereof shall be raised or permitted to be raised before any Court or other authority whatsoever.   (5) If, on the final count of the votes cast at the referendum the Prime Minister fails to secure majority of the total votes cast in the matter of the confidence of the people of Pakistan, he shall be deemed to have tendered his resignation within the meaning of Article 94.

] ²⁰⁸

²⁰⁸   Inserted by Constitution (Seventh Amendment) Act, 1977 (23 of 1977), Section 2 (with effect from April 21, 1977).

²⁰⁹   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".

²¹⁰   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".

²¹¹   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".

²¹²  

²¹³   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 31(i) (with effect from April 19, 2010) for "President".

²¹⁴   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 31(i) (with effect from April 19, 2010) for "in his name".

²¹⁵   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 31(ii) (with effect from April 19, 2010) for :

(3)	The President shall also make rules for the allocation and transaction of the business of the Federal Government.

²¹⁶   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 32 (with effect from April 19, 2010).

Second Schedule: Election of President

Second Schedule ⁷⁴⁰

Election of President

Article 41(3)

---

1.	The  741[Election Commission of Pakistan] 741 shall hold and conduct election to the office of President, and  742[Chief Election Commissioner] 742 shall be the Returning Officer for such election.
2.	The  743[Election Commission of Pakistan] 743 shall appoint Presiding Officers to preside at the meeting of the members of Majlis-e-Shoora (Parliament) and at the meetings of the members of the Provincial Assemblies.
3.	The Chief Election Commissioner shall by public notification fix the time and place for depositing nomination papers, holding a scrutiny, making withdrawals, if any, and holding the poll, if necessary.
4.	At any time before noon on the day fixed for nomination any member of the Majlis-e-Shoora (Parliament) or of the Majlis-e-Shoora (Parliament) or of a Provincial Assembly may nominate for election as President a person qualified for election as President by delivering to the Presiding Officer a nomination paper, signed by himself as proposer and by another member of the Majlis-e-Shoora (Parliament) or, as the case may be Assembly as seconder, together with a statement signed by the person nominated that he consents to the nomination: Provided that no person shall subscribe, whether as proposer or as seconder, more than one nomination paper at any one election.
5.	The scrutiny shall be held by the Chief Election Commissioner at the time and place fixed by him, and if after scrutiny only one person remains validly nominated, the Chief Election Commissioner shall declare that person to be elected, or if more than one person remains validly nominated, he shall announce, by public notification, the names of the persons validly nominated, to be hereinafter called the candidates.
6.	A candidate may withdraw his candidature at any time before noon on the day fixed for this purpose by delivering a notice in writing under his hand to the Presiding Officer with whom his nomination paper has been deposited, and a candidate who has given a notice of withdrawal of his candidature under this paragraph shall not be allowed to cancel that notice.
7.	If all but one of the candidates have withdrawn, that one shall be declared by the Chief Election Commissioner to be elected.
8.	If there is no withdrawal, or if, after withdrawals have taken place, two or more candidates are left, the Chief Election Commissioner shall announce by public notification the names of the candidates, and their proposers and seconders, and shall proceed to hold a poll by secret ballot in accordance with the provisions of the succeeding paragraphs.
9.	If a candidate whose nomination has been found to be in order dies after the time for nomination, and a report of his death is received by the Presiding Officer before the commencement of the poll, the Presiding Officer shall, upon, being satisfied of the fact of the death of the candidate, countermand the poll and report the fact to the Chief Election Commissioner, and all proceedings with reference to the election shall be commenced anew in all respects as if for a new election: Provided that no further nomination shall be necessary in the case of a candidate whose nomination was valid at the time of the countermanding of the poll: Provided further that no person who has under paragraph 6 of the this Schedule given notice of withdrawal of his candidature before the countermanding of the poll shall be ineligible for being nominated as a candidate for the election after such countermanding.
10.	The poll shall be taken at the meetings of Majlis-e-Shoora (Parliament) and of each Provincial Assembly, and respective Presiding Officers shall conduct the poll with the assistance of such officers as they may, with the approval of the Chief Election Commissioner, respectively appoint.
11.	A ballot paper shall be issued to every member of Majlis-e-Shoora (Parliament), and of each Provincial Assembly, who presents himself for voting at the meeting of the members of the Majlis-e-Shoora (Parliament) or, as the case may be, of the Provincial Assembly of which he is a member (hereinafter referred to as a person voting), and he shall exercise his vote personally by marking the paper in accordance with the provisions of the succeeding paragraphs.
12.	The poll shall be secret ballot by means of ballot papers containing the names of all the candidates in alphabetical order who have not withdrawn, and person voting shall vote by placing a mark against the name of the person for whom he wishes to vote.
13.	Ballot papers shall be issued from a book of ballot-papers with couterfoils, each counterfoil being numbered; and when a ballot paper is issued to a person voting his name shall be entered on the counterfoil, and the ballot paper shall be authenticated by the initials of the Presiding Officer.
14.	A ballot paper having been marked by the person voting shall be deposited by that person in a ballot box to be placed in front of the Presiding Officer.
15.	If a ballot paper is spoiled by a person voting he may return it to the Presiding Officer, who shall issue a second ballot paper, canceling the first ballot paper and marking the cancellation on the appropriate counterfoil.
16.	A ballot paper shall be invalid if:- (i) there is upon it any name, word or mark, by which the person voting may be identified; or (ii) it does not contain the initials of the Presiding Officer; or (iii) it does not contain a mark; or (iv) a mark is placed against the names of two or more candidates; or (v) there is any uncertainty as to the identity of the candidate against whose name the mark is placed.
17.	After the close of the poll each Presiding Officer shall, in the presence of such of the candidates or their authorized representatives as may desire to be present, open and empty the ballot boxes and examine the ballot papers therein, rejecting any which are invalid, count the number of votes recorded for each candidate on the valid ballot papers, and communicate the number of the votes so recorded to the Chief Election.
18.	(1) The Chief Election Commissioner shall determine the result of the election in the following manner, namely:- (a) the number of votes cast in the Majlis-e-Shoora (Parliament) in favor of each candidate shall be counted; (b) the number of votes cast in a Provincial Assembly in favor of each candidate shall be multiplied by the total number of seats in the Provincial Assembly for the time being having the smallest number of seats and divided by the total number of seats in the Provincial Assembly in which the votes have been cast; and (c) the number of votes calculated in the manner referred to in clause (b) shall be added to the number of votes counted under clause (a). Explanation: In this paragraph, "total number of seats" includes seats reserved for non-Muslims and women.   (2) A fraction shall be rounded off to the nearest whole.
19.	The candidate who has obtained the largest number of votes compiled in the manner specified in paragraph 18 shall be declared by the Chief Election Commissioner to be elected.
20.	Where at any poll any two or more candidates obtain an equal number of votes, the selection of the candidate to be elected shall be by drawing of lots.
21.	When, after any poll, the counting of the votes has been completed, and the result of the voting determined, the Chief Election Commissioner shall forthwith announce the result to those present, and shall report the result to the Federal Government, who shall forthwith cause the result to be declared by a public notification.
22.	The  744[Election Commission of Pakistan] 744 may, by public notification, with the approval of the President, make rules for carrying out the purposes of this Schedule.

---

Notes

⁷⁴⁰   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art. 2 and Sch. item 54 (with effect from March 2, 1985) for SECOND SCHEDULE: "Election of President"

⁷⁴¹   Substituted by Constitution (Twentieth Amendment) Act, 2012, Section 10(a)(i) (with effect from February 28, 2012) for "Chief Election Commissioner".

⁷⁴²   Inserted by Constitution (Twentieth Amendment) Act, 2012, Section 10(a)(ii) (with effect from February 28, 2012).

⁷⁴³   Substituted by Constitution (Twentieth Amendment) Act, 2012, Section 10(b) (with effect from February 28, 2012) for "Chief Election Commissioner".

⁷⁴⁴   Substituted by Constitution (Twentieth Amendment) Act, 2012, Section 10(b) (with effect from February 28, 2012) for "Chief Election Commissioner".

Chapter 6: "Title, Commencement and Repeal" of Part XII: "Miscellaneous"

Part XII: Miscellaneous

Chapter 6: Title, Commencement and Repeal

265	Title of Constitution and commencement. (1) This Constitution shall be known as the Constitution of the Islamic Republic of Pakistan.   (2) Subject to clauses (3) and (4), the Constitution shall come into force on the fourteenth day of August, one thousand nine hundred and seventy three or on such earlier day as the President may, by notification in the official Gazette, appoint, in the Constitution referred to as the "commencing day."   (3) The Constitution shall, to the extent necessary (a) for the constitution of the first Senate; (b) for the first meeting of a House or a joint sitting to be held; (c) for the election of the President and the Prime Minister to be held; and (d) to enable any other thing to be done which, for the purposes of the Constitution, it is necessary to do before the commencing day, come into force upon the enactment of the Constitution, but the person elected as President or Prime Minister shall not enter upon his office before the commencing day.   (4) Where by the Constitution a power is conferred to make rules or to issue orders with respect to the enforcement of any provision thereof, or with respect to the establishment of any Court or office, or the appointment of any Judge or office thereunder, or with respect to the person by whom, or the time when, or the place where, or the manner in which, anything is to be done under any such provisions, then that power may be exercised at any time between the enactment of the Constitution and its commencement.
266	Repeal. The Interim Constitution of the Islamic Republic of Pakistan, together with the Acts and President's Orders making omissions from, additions to, modifications of, or amendments in, that Constitution is hereby repealed.

Chapter 3: "Tribal Areas." of Part XII: "Miscellaneous"

Part XII: Miscellaneous

Chapter 3: Tribal Areas.

246	Tribal Areas. In the Constitution, (a) "Tribal Areas" means the areas in Pakistan which, immediately before the commencing day, were Tribal Areas, and includes (i) the Tribal Areas of  653[Balochistan] 653 and the  654[Khyber Pakhtunkhwa] 654 Province;  655[] 655 (ii) the former States of Amb, Chitral, Dir and Swat;  656[] 656 (b) "Provincially Administered Tribal Areas" means (i) The districts of Chitral, Dir and Swat (which includes Kalam),  658[the Tribal Area in Kohistan district,] 658 Malakand Protected Area, the Tribal Area adjoining  659[Mansehra] 659 district and the former State of Amb; and (ii) Zhob district, Loralai district (excluding Duki Tehsil), Dalbandis Tehsil of Chagai District and Marri and Bugti tribal territories of Sibi district; and (c) Federally Administered Tribal Areas includes (i) Tribal Areas adjoining Peshawar district; (ii) Tribal Areas adjoining Kohat district; (iii) Tribal Areas adjoining Bannu district;  660[ (iiia) Tribal Areas adjoining Lakki Marwat District; ] 660 (iv) Tribal Areas adjoining Dera Ismail Khan district;  661[ (iva) Tribal Areas adjoining Tank District; ] 661 662[ (v) Bajaur Agency; (va) Orakzai Agency; ] 662 (vi) Mohmand Agency; (vii) Khyber Agency; (viii) Kurram Agency; (ix) North Waziristan Agency, and (x) South Waziristan Agency.
247	Administration of Tribal Areas. (1) Subject to the Constitution, the executive authority of the Federation shall extend to the Federally Administered Tribal Areas, and the executive authority of a Province shall extend to the Provincially Administered Tribal Areas therein.   (2) The President may, from time to time, give such directions to the Governor of a Province relating to the whole or any part of a Tribal Area within the Province as he may deem necessary, and the Governor shall, in the exercise of his functions under this Article, comply with such directions.   (3) No Act of  663[Majlis-e-Shoora (Parliament)] 663 shall apply to any Federally Administered Tribal Area or to any part thereof, unless the President so directs, and no Act of  664[Majlis-e-Shoora (Parliament)] 664 or a Provincial Assembly shall apply to a Provincially Administered Tribal Area, or to any part thereof, unless the Governor of the Province in which the Tribal Area is situated, with the approval of the President, so directs; and in giving such a direction with respect to any law, the President or, as the case may be, the Governor, may direct that the law shall, in its application to a Tribal Area, or to a specified part thereof, have effect subject to such exceptions and modifications as may be specified in the direction.   (4) Notwithstanding anything contained in the Constitution, the President may, with respect to any matter within the legislative competence of  665[Majlis-e-Shoora (Parliament)] 665, and the Governor of a Province, with the prior approval of the President, may, with respect to any matter within the legislative competence of the Provincial Assembly make regulations for the peace and good government of a Provincially Administered Tribal Area or any part thereof, situated in the Province.   (5) Notwithstanding anything contained in the Constitution, the President may, with respect to any matter, make regulations for the peace and good Government of a Federally Administered Tribal Area or any part thereof.   (6) The President may, at any time, by Order, direct that the whole or any part of a Tribal Area shall cease to be Tribal Area, and such Order may contain such incidental and consequential provisions as appear to the President to be necessary and proper: Provided that before making any Order under this clause, the President shall ascertain, in such manner as he considers appropriate, the views of the people of the Tribal Area concerned, as represented in tribal jirga.   (7) Neither the Supreme Court nor a High Court shall exercise any jurisdiction under the Constitution in relation to a Tribal Area, unless  666[Majlis-e-Shoora (Parliament)] 666 by law otherwise provides: Provided that nothing in this clause shall affect the jurisdiction which the Supreme Court or a High Court exercised in relation to a Tribal Area immediately before the commencing day.

---

Notes

⁶⁵³   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 91(a) (with effect from April 19, 2010) for "Baluchistan".

⁶⁵⁴   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 91(a) (with effect from April 19, 2010) for "North-West Frontier".

⁶⁵⁵   The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 91(a) (with effect from April 19, 2010) : "and".

⁶⁵⁶   The following was omitted by Constitution (Ninetenth Amendment) Act, 2010, Section 7(i) (with effect from January 1, 2011) : " ⁶⁵⁷[

(iii)	Tribal Areas adjoining Lakki Marwat District; and
(iv)	Tribal Areas adjoining Tank District.

] ⁶⁵⁷".

⁶⁵⁷   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 91(b) (with effect from April 19, 2010).

⁶⁵⁸   Inserted by Constitution (Sixth Amendment) Act, 1976 (84 of 1976), Section 4(a)(i) (with effect from October 1, 1976).

⁶⁵⁹   Substituted by Constitution (Sixth Amendment) Act, 1976 (84 of 1976), Section 4(a)(ii) (with effect from October 1, 1976) for "Hazara".

⁶⁶⁰   Inserted by Constitution (Ninetenth Amendment) Act, 2010, Section 7(ii)(a) (with effect from January 1, 2011).

⁶⁶¹   Inserted by Constitution (Ninetenth Amendment) Act, 2010, Section 7(ii)(b) (with effect from January 1, 2011).

⁶⁶²   Substituted by Constitution (Sixth Amendment) Act, 1976 (84 of 1976), Section 4(b) (with effect from December 1, 1976) for :

(v)	Bajaur in Malakand Agency;

⁶⁶³   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".

⁶⁶⁴   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".

⁶⁶⁵   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".

⁶⁶⁶   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".