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Whereas
it is expedient further to amend the Constitution of the Islamic
Republic of Pakistan for the purposes hereinafter appearing;
It is hereby enacted as follows:---
1.
Short title and commencement.---(1) This Act may be called
the Constitution (Eighth Amendment) Act, 1985.
(2) It shall come into force at once, except section 19 which
shall come into force on the day on which the Proclamation
of the fifth day of July, 1977, is revoked.
2.
Amendment of Article 48 of the Constitution.--- In the
Constitution of the Islamic Republic of Pakistan, hereinafter
referred to as the Constitution in Article 48,---
(a)
in clause 1,---
(i)
for the commas and words "the Prime Minister, or appropriate
Minister" the words "or the Prime Minister"
shall be substituted; and
(ii)
for the proviso the following shall be substituted, namely:
"Provided
that the President may require the Cabinet or, as the case
may be, the Prime Minister to reconsider such advice, either
generally or otherwise, and the President shall act in accordance
with the advice tendered after such reconsideration.";
(b) in clause (2), after the words "do so", at the
end, the words "and the validity of anything done by
the President in his discretion shall not be called in question
on any ground whatsoever" shall be added:
(c) clause (3) shall be omitted; and
(d) in clause (5) in paragraph (a), for the words "one
hundred" the word "ninety" shall be substituted.
3. Amendment of Article 51 of the Constitution.---In
the Constitution, in Article 51, in clause (4), for the word
"second" the word "third" shall be substituted.
4. Amendment of Article 56 of the Constitution.---In
the Constitution, in Article 56, for clause (3) the following
shall be substituted, namely:---
"(3)
At the commencement of the first session after each general
election to the National Assembly and at the commencement
of the first session of each year the President shall address
both Houses assembled together and inform the Majlis-e-Shoora
(Parliament) of the causes of its summons.".
5. Amendment of Article 58 of the Constitution.---In
the Constitution, in Article 58,---
(a) in clause (1), in the Explanation, for the words "resolution
for a vote of no-confidence has been moved" the words
"notice of a resolution for a vote of no-confidence has
been given" shall be substituted; and
(b) for clause (2) the following shall be substituted, namely:---
"(2)
Notwithstanding anything contained in clause (2) of Article
48, the President may also dissolve the National Assembly
in his discretion, where, in his opinion,---
(a) a vote of no-confidence having been passed against the
Prime Minister, no other member of the National Assembly is
likely to command the confidence of the majority of the members
of the National Assembly in accordance with the provisions
of the Constitution, as ascertained in a session of the National
Assembly summoned for the purpose; or
(b) a situation has arisen in which the Government of the
Federation cannot be carried on in accordance with the provisions
of the Constitution and an appeal to the electorate is necessary.".
6. Amendment of Article 59 of the Constitution.---In
the Constitution, in Article 59---
(a) in clause (1), in paragraph (c), for the word "chosen"
the word "elected" shall be substituted;
(b) in clause (3),
(i) for paragraphs (a), (b) and (c) the following shall be
substituted, namely:---
"(a)
of the members referred to in paragraph (a) of clause (1),
seven shall retire after the expiration of the first three
years and seven shall retire after the expiration of the next
three years;
(b) of the members referred to in paragraph (b) of the aforesaid
clause, four shall retire after the expiration of the first
three years and four shall retire after the expiration of
the next three years;
(c) of the members referred to in paragraph (c) of the aforesaid
clause, one shall retire after the expiration of the first
three years and two shall retire after the expiration of the
next three years; and
(d) of the members referred to in paragraph (d) of the aforesaid
clause, two shall retire after the expiration of the first
three years and three shall retire after the expiration of
the next three years;"; and
(ii) in the proviso, the words "or chosen" shall
be omitted; and
(c) clause (4) shall be omitted.
7. Amendment of Article 60 of the Constitution.---In
the Constitution, in Article 60, in clause (2), for the word
"two" the word "three" shall be substituted.
8. Amendment of Article 75 of the Constitution.---In
the Constitution, in Article 75,---
(a) in clause (1), for the word "forty-five" the
word "thirty" shall be substituted; and
(b) for clause (2) the following shall be substituted, namely:---
"(2)
When the President has returned a Bill to the Majlis-e-Shoora
(Parliament), it shall be reconsidered by the Majlis-e-Shoora
(Parliament) in joint sitting and, if it is again passed,
with or without amendment, by the Majlis-e-Shoora (Parliament),
by the votes of the majority of the members of both Houses
present and voting, it shall be deemed for the purposes of
the Constitution to have been passed by both Houses and shall
be presented to the President and the President shall not
withhold assent therefrom.".
9.
Amendment of Article 90 of the Constitution.---In the
Constitution, Article 90 shall be renumbered as clause (1)
of that Article and, after clause (1) renumbered as aforesaid,
the following new clause shall be added, namely :--
"(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."
10. Amendment of Article 91 of the Constitution.---In
the Constitution, in Article 91,---
(a)
after clause (2), the following new clause shall be inserted,
namely :-
"(2-A)
Notwithstanding anything 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 Minster 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."
(b)
in clause (3), after the brackets and figure "(2)",
the words, commas, brackets, figure and letter "or, as
the case may be, invited under clause (2-A)" shall be
inserted; and
(c)
for clause (5) the following shall be substituted, namely
:--
"(5)
The Prime Minster 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 Minster
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 Minster to obtain
a vote of confidence from the Assembly."
11.
Amendment of Article 101 of the Constitution.---In the
Constitution, in Article 101,---
(a)
in clause (1), for the words "in his discretion"
the words "after consultation with the Prime Minister"
shall be substituted;
(aa)
in clause (2), the proviso shall be omitted ;
(b)
clause (2-A) shall be omitted ; and
(c)
in clause (5), after the word "Governor" at the
end, the words "in any contingency not provided for in
this Part" shall be added.
12.
Amendment of Article 105 of the Constitution.---In the
Constitution, in
Article 105, --
(a)
in clause (1), ---
(i) for the comma and words ", Chief Minister or appropriate
Minster" the words "or the Chief Minister"
shall be substituted :
(ii)
for the first proviso the following shall be substituted,
namely : --
"Provided
that the Governor may require the Cabinet or, as the case
may be, the Chief Minister to reconsider such advice, whether
generally or otherwise, and the Governor shall act in accordance
with the advice tendered after such reconsideration."
; and
(iii)
the second proviso shall be omitted ;
(b)
in clause (2), for the comma and words ", the Cabinet
or a Minister" the words" or the Cabinet" shall
be substituted ; and
(c)
in clause (5), for the brackets and figure "(3)"
the brackets and figure "(2)" shall be substituted.
13.
Amendment of Article 106 of the Constitution.---In the
Constitution, in Article 106, in clause (4), for the word
"second" the word "third" shall be substituted.
14.
Amendment of Article 112 of the Constitution.---In the
Constitution, Article 112 shall be renumbered as clause (1)
of that Article and,---
(a)
in clause (1), renumbered as aforesaid, in the Explanation,
for the words "resolution for a vote of no-confidence
has been moved" the words "notice of a resolution
for a vote of no-confidence has been given" shall be
substituted; and
(b)
after clause (1), renumbered and amended as aforesaid, the
following new clause shall be added, namely:--
"(2)
The Governor may also dissolve the Provincial Assembly in
his discretion, but subject to the previous approval of the
President, where, in his opinion,--
(a)
a vote of no-confidence having been passed against the Chief
Minister, no other member of the Provincial Assembly is likely
to command the confidence of the majority of the members of
the Provincial Assembly in accordance with the provisions
of the Constitution, as ascertained in a session of the Provincial
Assembly summoned for the purpose; or
(b)
a situation has arisen in which the Government of the Province
cannot be carried on in accordance with the provisions of
the Constitution and an appeal to the electorate is necessary.".
15. Amendment of Article 116 of the Constitution.---In
the Constitution, in Article 116,---
(a) in clause (2) for the word "forty-five" the
word "thirty" shall be substituted; and
(b) for clause (3) the following shall be substituted, namely:---
"(3)
When the Governor has returned a Bill to the Provincial Assembly,
it shall be reconsidered by the Provincial Assembly and, if
it is again passed, with or without amendment, by the Provincial
Assembly, by the votes of the majority of the members of the
Provincial Assembly present and voting, it shall be again
presented to the Governor and the Governor shall not withhold
assent therefrom."
16. Amendment of Article 130 of the Constitution.---In
the Constitution, in Article 130,---
(a) after clause (2), the following new clause shall be inserted,
namely:---
"(2-A)
Notwithstanding anything contained in clause (2), after the
twentieth day of March, one thousand nine hundred and eighty-eight,
the Governor shall invite the member of the Provincial Assembly
to be the Chief Minister who commands the confidence of the
majority of the members of the Provincial Assembly, as ascertained
in a session of the Assembly summoned for the purpose in accordance
with the provisions of the Constitution:
Provided that nothing contained in this clause shall apply
to a Chief Minister holding office on the twentieth day of
March, one thousand nine hundred and eighty-eight, in accordance
with the provisions of the Constitution.";
(b) in clause (3), after the brackets and figure "(2)",
the words, commas, brackets, figure and letter "or, as
the case may be, invited under clause (2-A)" shall be
inserted ; and
(c) for clause (5) the following shall be substituted, namely;---
"(5)
The Chief Minister shall hold office during the pleasure of
the Governor, but the Governor shall not exercise his powers
under this clause unless he is satisfied that the Chief Minister
does not command the confidence of the majority of the members
of the Provincial Assembly, in which case he shall summon
the Provincial Assembly and required the Chief Minister to
obtain a vote of confidence from the Assembly.",
17. Amendment of Article 144 of the Constitution.---In
the Constitution, Article 144, clause (2) shall be omitted.
18. Omission of Article 152-A of the Constitution.---In
the Constitution, Article 152-A shall be omitted.
19. Substitution of Article 270-A of the Constitution.---In
the Constitution, for the Article 270-A the following shall
be substituted, namely:---
"270-A.
Affirmation of President's Orders, etc..---(1) The Proclamation
of the fifth day of July, 1977, all President's Orders, Ordinances,
Martial Law Regulations, Martial Law Orders, including the
Referendum Order, 1984 (P.O. No. 11 of 1984), under which,
in consequence of the result of the referendum held on the
nineteenth day of December, 1984, General Muhammad Zia-ul-Haque
became the President of Pakistan on the day of the first meeting
of the Majlis-e-Shoora (Parliament) in joint sitting for the
term specified in clause (7) of Article 41, the Revival of
the Constitution of 1973 Order, 1985 (P.O. No. 14 of 1985),
the Constitution (Second Amendment) Order, 1985 (P.O. No.
20 of 1985, the Constitution (Third Amendment) Order, 1985
(P.O. No. 24 of 1985), and all other laws made between the
fifth day of July, 1977, and the date on which this Article
comes into force are hereby affirmed, adopted and declared,
notwithstanding any judgment of any Court, to have been validly
made by competent authority and, notwithstanding anything
contained in the Constitution, shall not be called in question
in any Court on any ground whatsoever:
Provided that a President's Order, Martial Law Regulation
or Martial Law Order made after the thirtieth day of September,
1985, shall be confined only to making such provisions as
facilitate, or are incidental to, the revocation of the Proclamation
of the fifth day of July, 1977.
(2) All orders made, proceedings taken and acts done by any
authority or by any person, which were made, taken or done,
or purported to have been made, taken or done, between the
fifth day of July, 1977, and the date on which this Article
comes into force, in exercise of powers derived from any Proclamation,
President's Orders, Ordinances, Martial Law Regulations, Martial
Law Orders, enactments, notifications, rules, orders or bye-laws,
or in execution of or in compliance with any order made or
sentence passed by any authority in the exercise or purported
exercise of powers as aforesaid, shall, notwithstanding any
judgment of any Court, be deemed to be and always to have
been validly made, taken or done and shall not be called in
question in any Court on any ground whatsoever.
(3) All President's Orders, Ordinances, Martial Law Regulations,
Martial Law Orders, enactments, notifications, rules, orders
or bye-laws in force immediately before the date on which
this Article comes into force shall continue in force until
altered, repealed or amended by competent authority.
EXPLANATION.---In this clause, "competent authority"
means,---
(a) in respect of President's Orders, Ordinances, Martial
Law Regulations, Martial Law Orders and enactments the appropriate
Legislature; and
(b) in respect of notifications, rules, orders and bye-laws,
the authority in which the power to make, alter, repeal or
amend the same vests under the law.
(4) No suit, prosecution or other legal proceedings shall
lie in any Court against any authority or any person, for
or on account of or in respect of any order made, proceedings
taken or act done whether in the exercise or purported exercise
of the powers referred to in clause (2), or in execution of
or in compliance with orders made or sentences passed in exercise
or purported exercise of such powers.
(5) For the purposes of clauses (1), (2) and (4), all orders
made, proceedings taken, acts done or purporting to be made,
taken or done by any authority or person shall be deemed to
have been made, taken or done in good faith and for the purpose
intended to be served thereby.
(6) Such of the President's Orders and Ordinances referred
to in clause (1) as are specified in the Seventh Schedule
may be amended in the manner provided for amendment of the
Constitution, and all other laws referred to in the said clause
may be amended by the appropriate Legislature in the manner
provided for amendment of such laws.
EXPLANATION.---In this Article "President's Orders"
includes President and Chief Martial Law Administrator's Orders"
and "Chief Martial Law Administrator's Order".".
20. Addition of new Schedule to the Constitution.---In
the Constitution, after the Sixth Schedule, the following
new Schedule shall be added, namely:
SEVENTH
SCHEDULE
[Article
270-A (6)]
Laws to be amended in the manner provided for amendment of
the Constitution.
PRESIDENT'S
ORDERS
(1) The Zulfikar Ali Bhutto Trust and People's Foundation
Trust (Renaming and Administration) Order, 1978 (P.O. No.
4 of 1978).
(2) The Cantonments (Urban Immovable Property Tax and Entertainments
Duty) Order, 1979 (P.O. No. 13 of 1979).
(3) The Pakistan Defence Officers Housing Authority Orders,
1980 (P.O. No. 7 of 1980).
(4) The Foreign Currency Loans (Rate of Exchange) Order, 1982
(P.O. No. 3 of 1982).
(5) The Establishment of the Office of Wafaqi Mohtasib (Ombudsman)
Order, 1983 (P.O. No. 1 of 1983).
(6) The Agha Khan University Order, 1983 (P.O. No. 3 of 1983)
(7) The National College of Textile Engineering (Governing
Body and Cess) Orders, 1983 (P.O. No. 11 of 1983).
(8) The Lahore University of Management Sciences Order, 1985
(P.O. No. 25 of 1985).
ORDINANCES
(1) The International Islamic University Ordinance, 1985 (XXX
of 1985).
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