p l d 1998 sc 823. syed masroor ahsan and others . PDF. 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.]. The present Sixth Edition of the Constitution is distinctive as it Item 6 of the schedule to P.O. aedeshir cow asjee and others . 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. 3. Constitution of the Islamic Republic of Pakistan 1973 (Most Updated March 2020) is available in PDF File. Constitution … 2. Create a free account to download. 1. 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. 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 . 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. 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. 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.) 14 of 1985, (w.e.f. 5. or. 3 regarding conferring powers by section 24 and 25 of National Assembly Secretariat Employees Act, 2018) Download Now S.R.O. 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. 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.]. 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. No. Fundamental Rights in the Constitution of Pakistan . 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 The validity of the election of the President shall not be called in question by or before any court or other authority. PDF. 41, (w.e.f. PDF. As P.O. MIRZA ASLAM BAIG, FORMER CHIEF OF ARMY STAFF AND OTHE. p l d 1997 sc 84. al-jehad trust through raees-ul-mujahidin habib al-wahabul khairi, federation of pakistan . 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. A short summary of this paper. (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.]. Cette nouvelle Constitution est adoptée en 1973 sous l'impulsion du président Zulfikar Ali Bhutto, peu après la sécession du Bangladesh. (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. 14 of 1985 substituted clause (3) of Art. It also sought to impose Sharia Law as supreme law in Pakistan, in light of the Objective Resolution of Pakistan. Contrary to 1956 and 1962 articles, several ideas in the Constitution were new, and guaranteed security to each citizen of Pakistan. March 2, 1985). Zain Sheikh & Associates, Advocates & Corporate Consultants. 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. ( Log Out /  THE FEDERATION OF PAKISTAN CHAPTER 1 The President 41. 6. 1. Download PDF Package. Notwithstanding anything contained in the Constitution, the President may, in accordance with the provisions. December 31, 2003). The Constitution of Pakistan 1973 was enforced in the country on 14 August 1973. It assures fundamental rights, provincial autonomy and local governance. This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. The Constitution of Pakistan provides for parliamentary democracy in the country. The Objectives Resolution to form part of substantive provisions 3. 41, (w.e.f. 41, in its present form, (w.e.f. Right of individuals to be dealt with in accordance with law, etc. Article 41 of the Constitution of Ireland protects the rights of the family and contains a number of provisions imposing duties on the State. Constitution of Pakistan 1962. Articles 41, 43, 44, 47, and 49 of 1973 Constitution of Pakistan 1973 deal with the Qualification, election office and impeachment of the president. This paper. The Federation of Pakistan . Section 13(ii) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), omitted clauses (7), (8) and (9) of Art. CHAPTER 1 - THE PRESIDENT . Download Full PDF Package. 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. 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. The proposed amendments included addition of a new article 2B in the constitution, and amendment in Article 239 of the Constitution of Pakistan. The current Constitution of Pakistan contains more than 250 articles, and several important amendments. No. Create a free account to download. 41, in its present form, (w.e.f. 1973 and the Assembly published the Constitution of the Islamic Republic of Pakistan. It is also called article … ( Log Out /  the 17th day of August, 1988. b. 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. constituteproject.org Pakistan's Constitution of 1973, Reinstated in 2002, with Amendments through 2015 This paper. 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. Change ), You are commenting using your Facebook account. Constitution of Pakistan 1956 . federation of paksitan . 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. Since then, a number of amendments have been Change ). 3. April 19, 2010). PAKISTAN CONTENTS 1. 1. Article 41. 3**  Article 1 of the schedule to the Constitution (Second Amendment) Order, 2007, President’s Order No. _________________________________________________________________________________. 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”. 41 and added the proviso thereto, (w.e.f. 2. Imbedded in the document are certain key components of Islam, including the subservient status of women. (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. 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. 09 of 2009  Sindh High Court Bar Association v/s Federation of Pakistan and others. 2. 5. 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. Clause (7) of Art. August 21, 2002), in place of the clause as inserted by item 6 of the schedule to P.O. 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. 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. Existing rules, etc., to continue. Not until 1973 was a constitution written by a democratically elected assembly. 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. The Republic and its territories 2. (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. Download with Google Download with Facebook. (1) There shall be a President of Pakistan who shall be the Head of State and shall represent the unity of the Republic. There shall be a President of Pakistan who shall be the Head of State and shall represent the unity of the Republic. — 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 . 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. 23 Full PDFs related to this paper. or. 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. Download with Google Download with Facebook. 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. Elimination of exploitation 4. The deleted clauses (7), (8) and (9) of Art. (1) There shall be a President of Pakistan who shall be the Head of State and shall represent the unity of the Republic. Constitution of Pakistan 1962. 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. (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. 1. 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. Download Full PDF Package. Ahmad Ghouri. 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. Constitution of Pakistan 1956. No. PDF. p l d 2000 sc 869. syed zafar ali shah and others . There shall be a President of Pakistan who shall be the Head of State and shall represent the unity of the Republic. 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. 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. Even following that, the document has been continually reshaped by coups and the wishes of powerful members of Pakistan’s political elite. This File is shared for General Information & Preparation Material for Various Exams like CSS, PMS, PPSC, FPSC & NTS etc. Pakistan’s constitution has been undermined by a pattern of military coups interspersed with short-lived civilian rule. 41,  (w.e.f. 4. (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. ( Log Out /  No. This site uses Akismet to reduce spam. 6 of 2007), promulgated by President Musharraf, in the period of Constitutional deviation (between November 3, 2007 and December 15, 2007), w.e.f. Free PDF. ( Log Out /  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. High treason 7. Ahmad Ghouri. Please become an honorary member, to join the collective effort to save The Constitution of Pakistan. No. leading & latest cases on article 91 of the constitution of pakistan, 1973 : p l d 1991 lahore 78. ahmed tariq rahim . The President shall be elected in accordance with the provisions … Islam to be State religion 2A. Constitution of Pakistan 1956. 1139(I) 2018 dated 28th August, 2018 (Directive No. Item 2 of the schedule to C.E.O. 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.”. Download Free PDF. The then Prime Minister Mr. Zulfiqar Ali Bhutto said, ” this constitution is made for everlasting time”. 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. 41, (w.e.f. Download the File & Read Carefully. S.R.O. December 31, 2003). 6 of 207 (P.O. 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). Loyalty to State and obedience to Constitution and law 6. READ PAPER. 2. Article 2 of the Constitution of Pakistan states, ... the genesis of many constitutional provisions that ultimately relegate Christians to second-class status. No. 14-The Conduct of General Elections Order, 2002. Definition of the State 8. Download. Change ), You are commenting using your Twitter account. The Constitution of Pakistan 1973 was enforced in the entire country at once. In the latest of repeated moves to amend the document… It has swung between a parliamentary form of democracy and one in which executive power rests with the president. a. 41. Download. The Constitution also establishes a federal state, dividing power between the local and national governments. 37 Full PDFs related to this paper . A short summary of this paper. Change ), You are commenting using your Google account. 41. READ PAPER. c. Section 2(2) of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), added new clauses (8) and (9), to Art. 241. April 19, 2010). [20] 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] Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), validated the substitution of clause (7) of Art. 4. In addition to the Quran and Sunnah as is in the Constitution of Pakistan till today. 24 of 2002, substituted clause (7) of Art. Learn how your comment data is processed. Premium PDF Package. The President. Article 41: The President. December 31, 2003). 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