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[PR] Constitution (Revised, 5-22-16.)

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ColeWAgent is not online. ColeWAgent
Joined: 28 Nov 2011
Total Posts: 273
22 May 2016 06:40 PM
THE CONSTITUTION OF THE REPUBLIC OF PAKISTAN

PREAMBLE

Whereas it is the will of the people of Pakistan to establish an order,

Wherein the State shall exercise its powers and authority through the chosen representatives of the people. Wherein the principles of democracy, freedom, equality, tolerance and social justice, shall be fully observed. Wherein adequate provision shall be made for the minorities freely to profess and practice their religions and develop their cultures. Wherein shall be guaranteed fundamental rights, including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality. Wherein the independence of the judiciary shall be fully secured. Wherein the integrity of the territories of the Federation, its independence and all its rights, including its sovereign rights on land, sea and air, shall be safeguarded. So that the people of Pakistan may prosper and attain their rightful and honoured place amongst the nations of the World and make their full contribution towards international peace and progress and happiness of humanity.

Now, therefore, we, the people of Pakistan, Cognisant of the sacrifices made by the people in the cause of Pakistan, Faithful to the declaration made by the Founder of Pakistan, Muhammad Ali Jinnah I, that Pakistan would be a democratic State based on principles of social justice, Dedicated to the preservation of democracy achieved by the unremitting struggle of the people against oppression and tyranny, Inspired by the resolve to protect our national and political unity and solidarity by creating an egalitarian society through a new order, Do hereby, through our representatives in the National Assembly, Senate and the Supreme Court, adopt, enact and give to ourselves, this Constitution.

PART I. INTRODUCTORY

ARTICLE I. THE REPUBLIC AND ITS TERRITORIES

1. Pakistan shall be Federal Republic to be known as the Republic of Pakistan, hereinafter referred to as Pakistan.

ARTICLE II. RIGHT OF INDIVIDUALS IN ACCORDANCE WITH THE LAW

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;
c. no person shall be compelled to do that which the law does not required him to do.

ARTICLE III. LOYALTY TO THE STATE AND OBEDIENCE TO THE CONSTITUTION AND LAW

1. Loyalty to the State is the basic duty of every citizen.

2. Obedience to the Constitution and law is the [inviolable] obligation of every citizen wherever he may be and of every other person for the time being within Pakistan.

ARTICLE IV. HIGH TREASON

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.

2. Any person aiding or abetting [or collaborating] the acts mentioned in clause (1) shall likewise be guilty of high treason.

3. 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 Federal Court.

4. Parliament shall by law provide for the punishment of persons found guilty of high treason.

ARTICLE V. DEFINITION OF THE STATE

1. In this Part, unless the context otherwise requires, "the State" means the Federal Government, Parliament, 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.

PART II. FUNDAMENTAL RIGHTS

ARTICLE VI. FUNDAMENTAL RIGHTS

1. The State shall not make any law which takes away or abridged the rights so conferred and any law made in contravention of this clause shall, to the extent of such contravention, be void.

2. The rights conferred by this Chapter shall not be suspended except as expressly provided by the Constitution.

3. No person shall be deprived of life or liberty save in accordance with law.

4. 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. Nothing this clause shall apply to any person who is arrested or detained under any law providing for preventive detention. Nothing in this Article shall apply to any person who for the time being is an enemy alien.

5. 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.

6. Slavery is non-existent and forbidden and no law shall permit or facilitate its introduction into Pakistan in any form.

a. All forms of forced labour and traffic in human beings are prohibited.

7. 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.

c. No person shall be subjected to torture for the purpose of extracting evidence.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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 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, [commission of] or incitement to an offence.

13. 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.

14. Every citizen shall have the right to profess, practice and propagate his religion; and every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions.

15. 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.

16. 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.

17. All citizens are equal before law and are entitled to equal protection of law.

PART III. THE FEDERATION OF PAKISTAN

ARTICLE VII. THE PRESIDENT

1. There shall be a President of Pakistan who shall be the Head of the State and Commander-In-Chief of the Armed Forces.

2. Before entering upon office, the President shall make before the Chief Justice of Pakistan oath in the form set out in the Second Schedule.

3. The President shall not hold any office or any other service to Pakistan besides the Presidency.

4. The President may, by writing under his hand addressed to the Speaker of the National Assembly, resign his office.

5. The President shall have the power to grant pardon, reprieve and respite, and to remit, suspend or commute any sentence passed by any court, tribunal or other authority.

6. The President shall be impeached if two-thirds of the National Assembly approve the President's impeachment. After the President has been impeached, the Senate shall host an investigation trial. If the President is convicted by two-thirds of the Senate, the President shall be removed from his office.

7. If the Office of the President becomes vacant by reason of resignation or removal of the President the Speaker of the National Assembly or, if he is unable to perform the functions of the office of the President, the Chairman of the Senate shall act as President until the President returns to Pakistan, resumes his functions, or until the next elections.

ARTICLE VIII. PARLIAMENT

1. There shall be a Parliament of Pakistan consisting of the President and two Houses to be known respectively as the National Assembly and the Senate.

2. After the elections, the National Assembly shall, to the exclusion of any other business, elect from amongst its members a Speaker.

3. Before entering upon office, a member elected as Speaker shall make before the National Assembly oath in the form set out in the Second Schedule.

4. The Speaker may, by writing under his hand addressed to the President, resign his office.

5. After the elections, the Senate shall, to the exclusion of any other business, elect from amongst its members a Chairman.

6. The Chairman may, by writing under his hand addressed to the President, resign his office.

7. The Chief Elections Commissioner may disqualify or declare a candidate not electable if the candidate for Parliament is in violation of a rule set by the Chief Elections Commissioner.

8. If a member of Parliament vacates his seat, by addressing the House leader, the President shall appoint someone to the vacant seat until the next elections.

9. A person elected to a House shall not sit or vote until he has made before the House oath in the form set out in the Second Schedule.

10. The Speaker and Chairman shall make their House rules and procedures.

ARTICLE IX. 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.

3. 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.

4. Subject to the Constitution, the executive authority of the Federation shall extend to the matters with respect to which Parliament has power to make laws, including exercise of rights, authority and jurisdiction in and in relation to areas outside Pakistan.

5. All executive actions of the Federal Government shall be expressed to be taken in the name of the President.

6. 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

7. The Attorney-General shall hold office during the pleasure of the President.

PART IV. THE JUDICATURE

ARTICLE X. THE COURTS

1. There shall be a Supreme Court of Pakistan, and Federal Courts if established by law.

2. The President shall appoint to Judges to the Supreme Court, and may appoint Judges to the Federal Court.

ARTICLE XI. THE SUPREME COURT

1. The Supreme Court shall consist of a Chief Justice to be known as the Chief Justice of Pakistan and so many other Judges as may be determined by Act of Parliament or, until so determined, as may be fixed by the President.

2. The Chief Justice of Pakistan and each of the other Judges of the Supreme Court shall be appointment by the President.

3. Before entering upon office, the Chief Justice of Pakistan shall make before the President, and any other Judge of the Supreme Court shall make before the Chief Justice, oath in the form set out in the Third Schedule.

4. A judge of the Supreme Court shall hold office until he resigns or is removed from office in accordance with the Constitution.

5. At any time when the office of Chief Justice of Pakistan is vacant; or the Chief Justice of Pakistan is absent or is unable to perform the functions of his office due to any other cause, the President shall appoint [one of the judges of the Supreme Court who have not previously held the office of Chief Justice of Pakistan otherwise than under this Article.] to act as Chief Justice of Pakistan.

6. At any time when the office of a Judge of the Supreme Court is vacant; or a Judge of the Supreme Court is absent or is unable to perform the functions of his office due to any other cause, the President may appoint a Judge of a High Court who is qualified for appointment as a Judge of the Supreme Court to act temporarily as a Judge of the Supreme Court.

7. The Supreme Court shall, to the exclusion of every other court, have original jurisdiction in any dispute between any two or more Governments.

8. If, at any time, the President considers that it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration.

9. The Chief Justice shall make the Supreme Court rules and procedures.

ARTICLE XII. PROVISIONS RELATING TO THE JUDICATURE

1. A judge of the Supreme Court or Federal Court shall not hold or occupy any other office in Pakistan.

2. A judge of the Supreme Court shall not become a judge of the Supreme Court or Federal Court again upon resignation or removal.

PART V. ELECTIONS

ARTICLE XIII. ELECTIONS

1. No person shall, at the same time, be a member of, both houses, of or Parliament and a Provincial Assembly, or a Judge and any of the above.

2. Elections should be held by the Chief Elections Commissioner or an Administrator of Pakistan.

3. If there is a tie in the election of a public office, there shall be a tiebreaker election between those candidates.

4. If there is a tie in the election of the President or Prime Minister, the National Assembly shall vote to elect the President or Prime Minister.

PART VI. MISCELLANEOUS

ARTICLE XIV. EMERGENCY PROVISIONS

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.

2. While a Proclamation of Emergency is in force, the President has the power to suspend Fundamental Rights during the emergency period.

3. If Parliament or the Supreme Court finds the Proclamation of Emergency unnecessary, they may vote to limit the Proclamation or dissolve the Proclamation.

ARTICLE XV. AMENDMENT OF THE CONSTITUTION

1. Subject to this part, the Constitution may be amended by Act of Parliament and approval of the Supreme Court.

2. A Bill to amend the Constitution may originate in either House and, when the Bill has been passed by the votes of not less than two-thirds of the total membership of the House, it shall be transmitted to the other House. If passed by both Houses, it shall be transmitted to the Supreme Court for approval. After passing the Supreme Court, it shall be sent to the President for approval.

3. An amendment may be repealed in the same process.

ARTICLE XVI. ARMED FORCES

1. The Federal Government shall have control and command of the Armed Forces.

2. Without prejudice to the generality of the foregoing provision, the Supreme Command of the Armed Forces shall vest in the President.

3. The President shall subject to law, have power- to raise and maintain the Military, Naval and Air Forces of Pakistan; and the Reserves of such Forces.

4. The President shall, on advice of the Prime Minister, appoint- the Chairman, Joint Chiefs of Staff Committee; the Chief of the Army Staff; the Chief of the Naval Staff; and the Chief of the Air Staff.

5. The Armed Forces shall, under the directions of the Federal Government, defend Pakistan against external aggression or threat of war, and, subject to law, act in aid of civil power when called upon to do so.

6. No private organization capable of functioning as a military organization shall be formed, and any such organization shall be illegal.

ANNEX

This Constitution shall be known as the Constitution of the Republic of Pakistan.

This Constituent Assembly representing the people of Pakistan resolves to frame a Constitution for the sovereign independent State of Pakistan,

Wherein the State shall exercise its powers and authority through the chosen representatives of the people,

Wherein the independence of the Judiciary shall be fully secured,

Wherein the integrity of the territories of the Federation, its independence and all its rights including its sovereign rights on land, sea and air shall be safeguarded,

So that the people of Pakistan may prosper and attain their rightful and honored place amongst the nations of the World and make their full contribution towards international peace and progress and happiness of humanity.

Signed,
MuhammadAliJinnahI, Founder
ColeWAgent, President
Shayaan2002, Prime Minister
HHPrinceGeorge, Chief Justice
CodyGPorter, Speaker of the National Assembly
MadameKlair, Chairman of the Senate
Associate Justices of the Supreme Court
Members of Parliament

Written by ColeWAgent.

Revised version of the Constitution, Revised on May 22nd, 2016.
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