The Constitution also establishes a federal state, dividing power between the local and national governments. Please become an honorary member, to join the collective effort to save The Constitution of Pakistan. Cette nouvelle Constitution est adoptée en 1973 sous l'impulsion du président Zulfikar Ali Bhutto, peu après la sécession du Bangladesh. or. 2. 241. The then Prime Minister Mr. Zulfiqar Ali Bhutto said, ” this constitution is made for everlasting time”. He realized the importance and need for a viable and pertinent constitution that would have dealt with all the issues and everyone knew that he could frame the constitution of the state that . Article 2 of the Constitution of Pakistan states, ... the genesis of many constitutional provisions that ultimately relegate Christians to second-class status. Loyalty to State and obedience to Constitution and law 6. A person shall not be qualified for election as President unless he is a Muslim of not less than forty-five years of age and is qualified to be elected as member of the National Assembly. 2. Article 41: The President. March 2, 1985). No. 41, read : a[(7) The Chief Executive of the Islamic Republic of Pakistan—, (a) shall relinquish the office of Chief Executive on such day as he may determine in accordance with the judgement of the Supreme Court of Pakistan of the 12th May, 2000; and, (b)  having received the democratic mandate to serve the nation as President of Pakistan for a period of five years shall, on relinquishing the office of the Chief Executive, notwithstanding anything contained in this Article or Article 43 or any other provision of the Constitution or any other law for the time being in force, assume the office of President of Pakistan forthwith and shall hold office for a term of five years under the Constitution, and Article 44 and other provisions of the Constitution shall apply accordingly b[:], b[Provided that paragraph (d) of clause (1) of Article 63 shall become operative on and from the 31st day of December, 2004.]. Pakistan’s Ex prime minister and party president of Pakistan Muslim League Nawaz Group PML(N) Mr. Muhammad Nawaz Shareef was disqualified as a PM of Pakistan on July 28 th 2017, under the “Article 63” of the Constitution of Pakistan. 6. Change ), You are commenting using your Google account. 15-The qualifications to Hold Public Offices Order, 2002, 17-The Representation of People Act, 1976, 20-The Representation of the People (Conduct of Election) Rules, 1977, 21-CODE OF CONDUCT FOR POLITICAL PARTIES AND CONTESTING, 24-Protection of Women (Criminal Laws Amendment) Act, 2006, GENERAL (RETD.) 3. Leading & Latest Cases on Article 41 of the Constitution of Pakistan, 1973 : Please log in using one of these methods to post your comment: You are commenting using your WordPress.com account. Download with Google Download with Facebook. 1. Download Free PDF. December 31, 2003). Notwithstanding anything contained in the Constitution, the President may, in accordance with the provisions. 41, in its present form, (w.e.f. There shall be a President of Pakistan who shall be the Head of State and shall represent the unity of the Republic. federation of paksitan . The Constitution of Pakistan 1973 was enforced in the country on 14 August 1973. There shall be a President of Pakistan who shall be the Head of State and shall represent the unity of the Republic. 2. 6 of 2007), promulgated by President Musharraf, in the period of Constitutional deviation (between November 3, 2007 and December 15, 2007), w.e.f. 1. No. The Republic and its territories 2. This File is shared for General Information & Preparation Material for Various Exams like CSS, PMS, PPSC, FPSC & NTS etc. March 2, 1985), in place of the clause as adopted in 1973, that read : “(3) The President shall be elected by the members of Parliament in Joint sitting in accordance with the provisions of the Second Schedule”. In the latest of repeated moves to amend the document… Create a free account to download. Since then, a number of amendments have been 3. Download Full PDF Package. 5. The Federation of Pakistan . The National Assembly of Pakistan passed the Constitution on 10 thApril, 1973, the President of the Assembly authenticated it on 12 April, 1973 and the Assembly published the Constitution of the Islamic Republic of Pakistan. THE FEDERATION OF PAKISTAN CHAPTER 1 The President 41. This paper. Elimination of exploitation 4. constitution of Pakistan, he did not desire to go it alone but rather wanted the principles of democracy to be upheld and to flourish in Pakistan. 3**  Article 1 of the schedule to the Constitution (Second Amendment) Order, 2007, President’s Order No. Constitution of Pakistan 1956. aedeshir cow asjee and others . Articles 41, 43, 44, 47, and 49 of 1973 Constitution of Pakistan 1973 deal with the Qualification, election office and impeachment of the president. The deleted clauses (7), (8) and (9) of Art. 4. Download. First part of the Constitution introduced the definition of State, the idea of life, liberty and property, individual equality, prohibition of slavery, preservation of languages, right to fair trial, and provided safeguard as to arrest and detention as well as providing safeguards against discrimination in services. Definition of the State 8. In addition to the Quran and Sunnah as is in the Constitution of Pakistan till today. 3 regarding conferring powers by section 24 and 25 of National Assembly Secretariat Employees Act, 2018) Download Now S.R.O. a. Download PDF Package. PDF. April 19, 2010). Even following that, the document has been continually reshaped by coups and the wishes of powerful members of Pakistan’s political elite. Item 2 of the schedule to C.E.O. 921(1) 2018 dated 31st May, 2018 (Directive No.2 regarding conferring powers by section 28 of National Assembly Secretariat Employees Act, 2018) Download Now The National Assembly Secretariat Employees Act, … Article 41.1 recognises the family as the natural primary and fundamental unit group of Society. As P.O. c[(8)  Without prejudice to the provisions of clause (7), any member or members of a House of Majlis-e-Shoora (Parliament) or of a Provincial Assembly, individually or jointly, may, not later than thirty days from the commencement of the Constitution (Seventeenth Amendment) Act, 2003, move a resolution for vote of confidence for further affirmation of the President in office by majority of the members present and voting, by division or any other method as prescribed in the rules made by the Federal Government under clause (9), of the electoral college consisting of members of both Houses of Majlis-e-Shoora (Parliament) and the Provincial Assemblies, in a special session of each House of Majlis-e-Shoora (Parliament) and of each Provincial Assembly summoned for the purpose, and the vote of confidence having been passed, the President, notwithstanding anything contained in the Constitution or judgment of any court, shall be deemed to be elected to hold office for a term of five years under the Constitution, and the same shall not be called in question in any court or forum on any ground whatsoever. It is also called article … Existing rules, etc., to continue. READ PAPER. Download the File & Read Carefully. This paper. December 31, 2003). MIRZA ASLAM BAIG, FORMER CHIEF OF ARMY STAFF AND OTHE. 41. August 21, 2002), in place of the clause as inserted by item 6 of the schedule to P.O. — Article 41 in Chapter 1: The President of Part III: The Federation of Pakistan in the Constitution of Pakistan, source From 2000 until 2009, the president was the chairman of the National Security Council who had authority and control over the nuclear and strategic arsenals ; however, the chairmanship and the powers transferred back to the prime minister . 41, (w.e.f. (1) There shall be a President of Pakistan who shall be the Head of State and shall represent the unity of the Republic. READ PAPER. p l d 2000 sc 869. syed zafar ali shah and others . No. In this Article, "All- Pakistan Service" means a service common to the Federation and the Provinces, which was in existence immediately before the commencing day or which may be created by Act of Majlis- e- Shoora (Parliament). Download with Google Download with Facebook. 41, (w.e.f. Free PDF. Download Full PDF Package. It also sought to impose Sharia Law as supreme law in Pakistan, in light of the Objective Resolution of Pakistan. ( Log Out /  09 of 2009  Sindh High Court Bar Association v/s Federation of Pakistan and others. La Constitution de la République islamique du Pakistan ou la Constitution de 1973 est l'actuelle Constitution du Pakistan, norme juridique suprême du pays.C'est la troisième constitution adoptée depuis l'indépendance, après celles de 1956 et de 1962. April 19, 2010). This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. A person shall not be qualified for election as President unless he is a Muslim of not less than forty-five years of age and is qualified to be elected as member of the National Assembly. S'il apparaît au cours de la procédure législative qu'une proposition ou un amendement n'est pas du domaine de la loi ou est contraire à une délégation accordée en vertu de l'article 38, le Gouvernement ou le président de l'assemblée saisie peut opposer l'irrecevabilité. This site uses Akismet to reduce spam. Islam to be State religion 2A. the 17th day of August, 1988. 6 of 2007, including the said purported Amendment, was not validated by the Parliament, after the general elections of 18th of February, 2008, they were held to void ab initio and of no legal effect in the Short Order dated 31st of July, 2009  and the detailed judgment of the Supreme Court dated 30th of September, 2009 in C.P. (9)  Notwithstanding anything contained in the Constitution or any other law for the time being in force, the proceedings for the vote of confidence referred to in clause (8) shall be regulated and conducted by the Chief Election Commissioner in accordance with such procedure and the votes shall be counted in such manner as may be prescribed by the rules framed by the Federal Government : Provided that clauses (8) and (9) shall be valid only for the forthcoming vote of confidence for the current term of the President in office.]. Constitution of Pakistan has secured the right to free speech, but had not left the same unchecked, and had provided for reasonable restriction as postulated under Article 19 of the Constitution. It also paves the way for a sense of equality among the federating units by giving equal representation to all provinces in the upper house. Change ). 1. 14-The Conduct of General Elections Order, 2002. Learn how your comment data is processed. Since then, a number of amendments have been made therein and it has become necessary and expedient that an up-to-date and authentic version of the Constitution be published by the Assembly. Find all latest article 40 of constitution pakistan 1952 news, Pakistan and world article 40 of constitution pakistan 1952 news according to your request on any date you need. 41, in its present form, (w.e.f. 41,  (w.e.f. Download. Clause (7) of Art. The present Sixth Edition of the Constitution is distinctive as it 37 Full PDFs related to this paper . c. Section 2(2) of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), added new clauses (8) and (9), to Art. ( Log Out /  Item 6 of the schedule to P.O. The President shall be elected in accordance with the provisions … 1. constituteproject.org Pakistan's Constitution of 1973, Reinstated in 2002, with Amendments through 2015 Section 13(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), omitted the words, brackets and figures “to be elected after the expiration of the term specified in clause (7)” from clause (3) of Art. Article 41 of the Constitution of Ireland protects the rights of the family and contains a number of provisions imposing duties on the State. December 14, 2007, purported to omit the words, brackets and figures “to be elected after the expiration of the term specified in clause (7)” from clause (3) of Article 41 of the Constitution, w.e.f. 1139(I) 2018 dated 28th August, 2018 (Directive No. Election to the office of President shall be held not earlier than sixty days and not later than thirty days before the expiration of the term of the President in office: Provided that, if the election cannot be held within the period aforesaid because the National Assembly is dissolved, it shall be held within thirty days ofthe general election to the Assembly. Part III: The Federation of Pakistan [Articles 41-100] Chapter 1: The President [Articles 41-49] Chapter 2: Majlis-e-Shoora (Parliament) [Articles 50-89] Chapter 3: The Federal Government [Articles 90-100] Part IV: Provinces [Articles 101-140A] Chapter 1: The Governors [Articles 101-105] Chapter 2: Provincial Assemblies [Articles 106-128] Zain Sheikh & Associates, Advocates & Corporate Consultants. Not until 1973 was a constitution written by a democratically elected assembly. PAKISTAN CONTENTS 1. b. The President shall be elected in accordance with the provisions of the Second Schedule by the members of an electoral college consisting of: b. the members of the Provincial Assemblies. 41 and added the proviso thereto, (w.e.f. CHAPTER 1 - THE PRESIDENT . Section 2(1) of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), substituted a colon, in place of the full stop at the end of paragraph (b) of clause (7) of Art. Article 41. It has swung between a parliamentary form of democracy and one in which executive power rests with the president. _________________________________________________________________________________. Ahmad Ghouri. 41. 5. Constitution of the Islamic Republic of Pakistan 1973 (Most Updated March 2020) is available in PDF File. The Constitution of Pakistan 1973 was enforced in the entire country at once. (2) A person shall not be qualified for election as President unless he is a Muslim of not less than forty-five years of age and is qualified to be elected as member of the National Assembly. Fundamental Rights in the Constitution of Pakistan . Right of individuals to be dealt with in accordance with law, etc. 41 as deleted by substitution, read : “(7) Notwithstanding anything contained in this Article or Article 43, or any other Article of the Constitution or any other law, General Muhammad Zia-ul-Haq, in consequence of the result of the referendum held on the nineteenth day of December 1984, shall become the President of Pakistan on the day of the first meeting of Majlis-e-Shoora (Parliament) in joint sitting summoned after the elections to the Houses  of Majlis-e-Shoora (Parliament) and shall hold office for a term of five years from that day; and Article 44 and other provisions of the Constitution shall apply accordingly.”. 24 of 2002, substituted clause (7) of Art. Change ), You are commenting using your Facebook account. 23 Full PDFs related to this paper. (2) A person shall not be qualified for election as President unless he is a Muslim of not less than forty-five years of age and is qualified to be elected as member of the National Assembly. The President (1) There shall be a President of Pakistan who shall be the Head of State and shall represent the unity of the Republic. Contrary to 1956 and 1962 articles, several ideas in the Constitution were new, and guaranteed security to each citizen of Pakistan. Either you are looking not article 40 of constitution pakistan 1952, but some other Pakistan breaking news, then just use search form to find news related to article 40 of constitution pakistan 1952. 14 of 1985 substituted clause (3) of Art. Constitution of Pakistan 1956 . The proposed amendments included addition of a new article 2B in the constitution, and amendment in Article 239 of the Constitution of Pakistan. Comparative Table of Article 41 of the Constitution of Pakistan, 1973, SYED ABDUL AZIZ NASIR HAQQANI ALIAS PIR AZIZ ULLAH HAQQANI, RETURNING OFFICER FOR PRESIDENTIAL ELECTION(CHIEF ELECTION, MR. JUSTICE MUKHTAR AHMED JUNEJO, ACTING CHIEF ELECTION, Justice MUKHTAR AHMED JUNEJO, acting chief election, The Constitution of Pakistan, 1973 Developed by Zain Sheikh, 001- The Contempt of Court Ordinance, 2003, 05-The Diplomatic and Consular Privileges Act, 1972, 06-The Vienna Convention on Consular Relations, 1963, 07-Vienna Convention on Diplomatic Relations, 1961, 09- The Pakistan Penal Code, 1860 Part II. Constitution of Pakistan 1962. Pakistan’s constitution has been undermined by a pattern of military coups interspersed with short-lived civilian rule. leading & latest cases on article 91 of the constitution of pakistan, 1973 : p l d 1991 lahore 78. ahmed tariq rahim . No. (5)  An election to fill a vacancy in the office of President shall be held not later than thirty days from the occurrence of the vacancy: (6)  The validity of the election of the President shall not be called in question by or before any court or other authority. The current Constitution of Pakistan contains more than 250 articles, and several important amendments. Premium PDF Package. Ahmad Ghouri. 2. The court said it had found the former dictator guilty under the provisions of Article 6 of the Constitution of the Islamic Republic of Pakistan. A short summary of this paper. The Objectives Resolution to form part of substantive provisions 3. (2)  A person shall not be qualified for election as President unless he is a Muslim of  not less than  forty-five  years of age and is qualified to be elected as member of the   National Assembly. The validity of the election of the President shall not be called in question by or before any court or other authority. Constitution … 1973 and the Assembly published the Constitution of the Islamic Republic of Pakistan. High treason 7. S.R.O. (4)  Election to the office of President shall be held not earlier than sixty days and not later than thirty days before the expiration of the term of the President in office: Provided that, if the election cannot be held within the period aforesaid because the National Assembly is dissolved, it shall be held within thirty days of the general election to the Assembly. 41, (w.e.f. PDF. The Constitution of Pakistan provides for parliamentary democracy in the country. Constitution of Pakistan 1956. An election to fill a vacancy in the office of President shall be held not later than thirty days from the occurrence of the vacancy: Provided that, if the election cannot be held within the period aforesaidbecause the National Assembly is dissolved, it shall be held within thirty days of the general election to the Assembly. Change ), You are commenting using your Twitter account. (1) There shall be a President of Pakistan who shall be the Head of State and shall represent the unity of the Republic. PDF. or. p l d 1997 sc 84. al-jehad trust through raees-ul-mujahidin habib al-wahabul khairi, federation of pakistan . December 31, 2003). Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), validated the substitution of clause (7) of Art. It assures fundamental rights, provincial autonomy and local governance. 6 of 207 (P.O. ( Log Out /  PDF. p l d 1998 sc 823. syed masroor ahsan and others . Create a free account to download. A short summary of this paper. [20] of this Article, be removed from office on the ground of physical or mental incapacity or impeached on a charge of violating the Constitution or gross misconduct. Imbedded in the document are certain key components of Islam, including the subservient status of women. Right to work, to education and to public assistance in certain cases The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want 4. 1[(3)  The President 2[****] shall be elected in accordance with the provisions of the Second Schedule by the members of an electoral college consisting of—, (b)  the members of the Provincial Assemblies.]. (2) A person shall not be qualified for election as President unless he is a Muslim of not less than forty-five years of age and is qualified to be elected as member of the National Assembly. Constitution of Pakistan 1962. 14 of 1985, (w.e.f. The President.— (1) There shall be a President of Pakistan who shall be the Head of State and shall represent the unity of the Republic. No. The President. No. Section 13(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), omitted clauses (7), (8) and (9) of Art. ( Log Out /  As supreme law in Pakistan, in its present form, ( 8 ) and ( 9 ) Art... The present Sixth Edition of the Constitution of the Comparative Constitutions Project, and distributed on constituteproject.org clause! Baig, FORMER CHIEF of ARMY STAFF and OTHE it Pakistan CONTENTS 1 elected.. Of pakistan’s political elite your Facebook account been undermined by a pattern of military coups interspersed with civilian. Article 91 of the Comparative Constitutions Project, and distributed on constituteproject.org accordance! ) Download Now S.R.O Ali shah and others effort to save the Constitution is for! Employees Act, 2018 ) Download Now S.R.O ) 2018 dated 28th August, 2018 ( No! Collective effort to save the Constitution of Pakistan 25 of national Assembly Secretariat Employees Act, 2018 ( Directive.... 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