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WHEREAS
pursuant to the Proclamation of Emergency of 3rd day of November,
2007 and the Provisional Constitution Order No. 1 of 2007,
the Constitution of the Islamic Republic of Pakistan has been
held in abeyance;
AND
WHEREAS the Provisional Constitution Order provides that the
President may from time to time amend the Constitution, as
is deemed expedient;
AND
WHEREAS it is expedient to amend the Constitution for the
purposes hereinafter appearing;
NOW,
THEREFORE, the President is pleased to make and promulgate
the following Order :---
1.
Short title and commencement.-(1) This Order may be called
the Constitution (Second Amendment) Order, 2007.
(2)
It shall come into force on and with effect from the 14th
day of December, 2007.
2.
Amendment of the Constitution and removal of difficulties.-(1)
The Constitution of the Islamic Republic of Pakistan is hereby
amend to the extent and in the manner specified in column
3 of the Schedule annexed to this Order.
(2)
If any difficulty arises in giving effect to any of the provisions
of this Order, the President may make such provisions and
pass such orders as he may deem fit.
(3)
The validity of any provision made or orders passed under-clause
(1) and (2), shall not be called in question by or before
any Court, including Supreme Court, Federal Shariat Court,
a High Court, any forum or authority, on any ground whatsoever.
THE
SCHEDULE
[See Article 2(1)]
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Sr.
No.
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Article/Chapter
of
the Constitution
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Amendments
made
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(1)
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(2)
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(3)
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1.
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41.
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In
clause (3); the words, brackets and figure "to be
elected after the expiration of the term specified in
clause (7)" shall be omitted and shall be deemed
to have been omitted with effect from the 17th day of
August, 1988. |
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2.
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44.
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In
clause (2), for the words "Subject to the Constitution"
the words "Notwithstanding anything contained in
the Constitution" shall be substituted. |
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3.
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193.
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(i)
In clause (1), for the full stop at the end a colon shall
be substituted and thereafter the following proviso shall
be added, namely :--
"Provided
that in case of appointment of a Judge of the High Court
for Islamabad Capital Territory, consultation with the
Governor shall not be required.
(ii)
In clause (2), for the words "forty-five years"
the words "forty years" shall be substituted.
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4.
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194.
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In
Article 194, for the full stop at the end a colon shall
be substituted and thereafter the following proviso shall
be added, namely :
"Provided
that in the case of the Chief Justice of the High Court
for Islamabad capital Territory, the oath shall be made
before the President or a person nominated by him.".
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5.
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208.
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In
Article 208, for the full stop at the end a colon shall
be substituted and thereafter the following proviso shall
be added, namely :---
"Provided
that in case of the High Court for Islamabad Capital
Territory the rules may be made with the approval of
the President.".
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6.
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270C.
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Article
270C shall be re-numbered as clause (1) thereof and after
clause (1) re-numbered as aforesaid, the following new
clause shall be inserted, namely :---
"(2)
Notwithstanding anything contained in the Constitution
or any other law for the time being in force,--
(i)
a Judge including the Chief Justice, of the Supreme
Court, a High Court or Federal Shariat Court who had,
not been given or taken oath under the Oath of Office
(Judges) Order, 2007, has ceased to hold office on and
with effect from the 3rd day of November, 2007; and
(ii)
a Judge including the Chief Justice, of the Supreme
Court, a High Court and Federal Shariat Court appointed
and/or continued as such Judge or Chief Justice by virtue
of the Oath of Office (Judges) Order, 2007, shall, on
revival of the Constitution, take oath as set out in
the Third Schedule and shall be deemed to have been
appointed, and/or shall continue to hold office, under
the Constitution.".
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PERVEZ
MUSHARRAF,
President.
MALIK HAKAM KHAN,
Acting Secretary.
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