CONSTITUTION OF PAKISTAN 1973

(PART I, II & VIII)

PART I: INTRODUCTORY

Article 1: The Republic and its territories

1. Type of Government – Federal Republic – Islamic Republic of Pakistan

2. Territories:
a) Balochistan, KPK, Punjab, and Sindh
b) Islamabad Capital Territory – Federal Capital
c) States and territories as are or may be included in Pakistan, whether by accession or
otherwise
3. Accession of Territory – Majlis-e-Shoora (Parliament) may by law admit into the Federation
new States or areas on such terms and conditions as it thinks fit.

Article 2: Islam – State Religion

Article 2A: The Objectives Resolution to form part of substantive provisions

 Incorporated the Objectives Resolution as a substantive part of the Constitution.

 This means that the principles and provisions outlined in the Objectives Resolution have the
same legal force and effect as other articles of the Constitution.

Article 3: Elimination of exploitation

Article 4: Right of individuals to be dealt with in accordance with law, etc.

 Inalienable Rights

Article 5: Loyalty to State and obedience to Constitution and law

 Basic duty of every citizen

Article 6: 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.

2A. 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 High Court.
 3. Majlis-e-Shoora (Parliament) shall by law provide for the punishment of persons found guilty of
high treason.

PART II: FUNDAMENTAL RIGHTS AND PRINCIPLES OF POLICY

Article 7: Definition of the State

 "The State" means the Federal Government, Majlis-e-Shoora (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.

CHAPTER 1: FUNDAMENTAL RIGHTS

Article 8: Laws inconsistent with or in derogation of Fundamental Rights to be void

Article 9: Security of Person

 Right to life

Article 10: Safeguards as to arrest and detention

 Protection from unjustified restraint

 Right to counsel

Article 10A: Right to fair trial

 Guarantee of due process

Article 11: Slavery, forced labour, etc., prohibited

 Prohibition of slavery
 Limits on employment of children
 Prohibition of cruel treatment
 Human dignity

Article 12: Protection against retrospective punishment

 Protection from ex post facto laws

Article 13: Protection against double punishment and self-incrimination

Article 14: Inviolability of dignity of man, etc.

 Human dignity
 Right to privacy
 Regulation of evidence collection
  Prohibition of torture

Article 15: Freedom of movement, etc.

Article 16: Freedom of assembly

Article 17: Freedom of association

 Right to join trade unions

 Right to form political parties
 Regulation of political parties
 Restrictions on political parties

Article 18: Freedom of trade, business or profession

 Right to establish a business

 Right to choose occupation
 Right to competitive marketplace

Article 19: Freedom of speech, etc.

 Freedom of expression
 Freedom of press

Article 19A: Right to information

Article 20: Freedom to profess religion and to manage religious institutions

 Freedom of religion

Article 21: Safeguard against taxation for purposes of any particular religion

Article 22: Safeguards as to educational institutions in respect of religion, etc.

 Safeguards in educational institutions regarding religion.

 Prohibits forcing any student attending an educational institution to receive religious instruction
other than their own. (Clause 1)
 Tax Exemptions for Religious Institutions – Prevents discrimination against any community in
granting exemptions or concessions in relation to taxation for religious institutions. (Clause 2)

Article 23: Provision as to property

 Right to own property

Article 24: Protection of property rights

 Protection from expropriation

Article 25: Equality of citizens

 General guarantee of equality

 Equality regardless of gender

Article 25A: Right to education

 Compulsory education
 Free Education

Article 26: Non-discrimination in respect of access to public places

 Equality regardless of gender

 Equality regardless of origin
 Equality regardless of race
 Equality regardless of religion

Article 27: Safeguard against discrimination in services

 Equality regardless of gender

 Equality regardless of origin
 Equality regardless of race
 Equality regardless of religion

Article 28: Preservation of language, script and culture

 Right to culture
 Protection of language use

CHAPTER 2: PRINCIPLES OF POLICY

Article 29: Principles of Policy

 Guidelines for the state and its institutions to strive towards achieving a just and equitable
society.
 It is the responsibility of each organ and authority of the State, and of each person performing
functions on behalf of an organ or authority of the State, to act in accordance with those
Principles in so far as they relate to the functions of the organ or authority.

Article 30: Responsibility with respect to Principles of Policy

Article 31: Islamic way of life

 To order life in accordance with the fundamental and basic concepts of Islam
 Compulsory teaching of Holy Quran and learning of Arabic language
 Promote unity
 Proper organization of zakat, ushr, auqaf, and mosques

Article 32: Promotion of local Government institutions

Article 33: Parochial and other similar prejudices to be discouraged

Artcle34: Full participation of women in national life

Article 35: Protection of family, etc.

Article 36: Protection of minorities

Article 37: Promotion of social justice and eradication of social evils

 Compulsory education
 Free education
 Access to higher education
 Limits on employment of children
 Right to safe work environment

Article 38: Promotion of social and economic well-being of the people

 Right to reasonable standard of living

 Right to rest and leisure
 Right to work
 State support for the unemployed
 State support for the disabled

Article 39: Participation of people in Armed Forces

Article 40: Strengthening bonds with Muslim world and promoting international peace

PART VIII: ELECTIONS

CHAPTER 1: CHIEF ELECTION COMMISSIONER AND ELECTION COMMISSION

Article 213: Chief Election Commissioner

1. Chief Election Commissioner – Appointed by the President

2. Eligibility: Judge of the Supreme Court or has been a senior civil servant or is a technocrat and
is not more than sixty-eight years of age.

2A. The Prime Minister shall in consultation with the Leader of the Opposition in the National
Assembly, forward three names for appointment of the Commissioner to a Parliamentary
Committee for hearing and confirmation of any one person.

2B. The Parliamentary Committee to be constituted by the Speaker shall comprise fifty percent
members from the Treasury Benches and fifty percent from the Opposition Parties, based on their
strength in Majlis-e-Shoora (Parliament), to be nominated by the respective Parliamentary Leaders:

The total strength of the Parliamentary Committee shall be twelve members out of which one-third
shall be from the Senate.

3. The Commissioner or a member shall have such powers and functions as are conferred on him
by the Constitution and law.

Article 214: Oath of Office

 Oaths to abide by constitution

 Commissioner shall make before the Chief Justice of Pakistan
 A member of the Election Commission shall make before the Commissioner

Article 215: Term of office of Commissioner and members

1. Five years term

 Total 4 members
 Two of the members shall retire after the expiration of first two and a half years and
two shall retire after the expiration of the next two and a half years.
2. The Commissioner or a member shall not be removed from office except in the manner
prescribed in Article 209 for the removal from office of a Judge.
3. The Commissioner or a member may resign his office by writing under his hand addressed to the
President.
4. Vacancy in the office of the Commissioner or a member shall be filled within forty-five days.

Article 216: Commissioner and members not to hold office of profit

Article 217: Acting Commissioner

 The most senior member in age of the members of Commission shall act as Commissioner.
Article 218: Election Commission

 Chief Election Commissioner (Chairman)

 Four members, one from each Province, each of whom shall be a person who has been a judge
of a High Court or has been a senior civil servant or is a technocrat and is not more than sixty-
five years of age, to be appointed by the President in the manner provided for appointment of
the Commissioner in clauses (2A) and (2B) of Article 213.

Article 219: Duties of Commission

a) preparing electoral rolls for election to the National Assembly, Provincial Assemblies and local
governments, and revising such rolls periodically to keep them up-to-date;
b) organizing and conducting election to the Senate or to fill casual vacancies in a House or a
Provincial Assembly; and
c) appointing Election Tribunals;
d) the holding of general elections to the National Assembly, Provincial Assemblies and the local
governments; and
e) such other functions as may be specified by an Act of Majlis-e-Shoora (Parliament)

Article 220: Executive authorities to assist Commission, etc.

 Duty of all executive authorities in the Federation and in the Provinces to assist the
Commissioner and the Election Commission in the discharge of his or their functions.

Article 221: Officers and staff

 Article 221 vests the Election Commission with the authority to appoint officers and staff.
 Allows the Election Commission to formulate rules for the appointment process.
 President’s approval to be given for Election Commission rules created.
 The legislative body holds the authority to override or modify the rules established by the
Election Commission.

CHAPTER 2: ELECTORAL LAWS AND CONDUCT OF ELECTIONS

Article 222: Electoral laws

1. No person shall, at the same time, be a member of:

 a) both Houses; or
b) A House and a Provincial Assembly; or
c) the Assemblies of two or more Provinces; or
d) A House or a Provincial Assembly in respect of more than one seat.

Article 223: Bar against double membership

 Prohibits members of the National Assembly and Provincial Assemblies from simultaneously
holding membership in more than one legislative body.

Article 224: Time of Election and by-election

1. General elections shall be held within 60 days after the expiration of the assembly and the
results of the election shall be declared within fourteen days.

1A. the care-taker Prime Minister shall be appointed by the President in consultation with the
Prime Minister and the Leader of the Opposition in the outgoing National Assembly, and a care-
taker Chief Minister shall be appointed by the Governor in consultation with the Chief Minister and
the Leader of the Opposition in the outgoing Provincial Assembly.

1B. Members of the care-taker Cabinets including the care-taker Prime Minister and the care-taker
Chief Minister and their immediate family members shall not be eligible to contest the
immediately following elections to such Assemblies.

2. When the National Assembly or a Provincial Assembly is dissolved, a general election to the
Assembly shall be held within a period of ninety days after the dissolution.
3. An election to fill the seats in the Senate which are to become vacant on the expiration of the
term of the members of the Senate shall be held not earlier than thirty days immediately
preceding the day on which the vacancies are due to occur.
4. When a general seat in any such Assembly has become vacant not later than one hundred and
twenty days before the term of that Assembly is due to expire, an election to fill the seat shall
be held within sixty days from the occurrence of the vacancy.
5. When a seat in the Senate has become vacant, an election to fill the seat shall be held within
thirty days from the occurrence of the vacancy.
6. When a seat reserved for women or non-Muslims in the National Assembly or a Provincial
Assembly falls vacant, on account of death, resignation or disqualification of a member, it shall
be filled by the next person in order of precedence from the party list of the candidates to be
submitted to the Election Commission by the political party whose member has vacated such
seat.

Article 224A: Resolution by Committee or Election Commission

1. In case the Prime Minister and the Leader of the Opposition in the outgoing National Assembly
do not agree on any person to be appointed as the care-taker Prime Minister, within three days
of the dissolution of the National Assembly, they shall forward two nominees each to a
 Committee to be immediately constituted by the Speaker of the National Assembly, comprising
eight members of the outgoing National Assembly, or the Senate, or both, having equal
representation from the Treasury and the Opposition, to be nominated by the Prime Minister
and the Leader of the Opposition respectively.
2. In case a Chief Minister and the Leader of the Opposition in the outgoing Provincial Assembly
do not agree on any person to be appointed as the care-taker Chief Minister, within three days
of the dissolution of that Assembly, they shall forward two nominees each to a Committee to be
immediately constituted by the Speaker of the Provincial Assembly, comprising six members of
the outgoing Provincial Assembly having equal representation from the Treasury and the
Opposition, to be nominated by the Chief Minister and the Leader of the Opposition
respectively.
3. The Committee constituted under clause (1) or (2) shall finalize the name of the care-taker
Prime Minister or care-taker Chief Minister, as the case may be, within three days of the referral
of the matter to it:
In case of inability of the Committee to decide the matter in the aforesaid period, the names of
the nominees shall be referred to the Election Commission of Pakistan for final decision within
two days.

Article 225: Election dispute

 All election disputes related to the election of the President, National Assembly, Senate, and
Provincial Assemblies shall be decided by tribunals.

Article 226: Elections by secret ballot

 All elections under the Constitution, other than those of the Prime Minister and the Chief
Minister, shall be by secret ballot.