Constitution of 1956

Part 4: The Federation

Part 4 consisted of articles 32 to 69. It described the federation, and it had 2 chapters. The first chapter (articles 32 to 42) regarded the Federal Government, which centred around the President. The second chapter (articles 43 to 69) regarded the Parliament, but the powers of the President overruled those of the Parliament in many regards - the colonial sceptre of the Governor-General was being transferred to the President. Under these rules the President had unlimited powers of veto, was responsible for choosing the Prime Ministers, or dismissing them (as Iskander Mirza was going to do four times under this Constitution), and could even dissolve the Parliament (which he did eventually).

Part 4: The Federation

Chapter 1: The Federal Government

Chapter 2: The Parliament of Pakistan

Chapter I: The Federal Government

Article 32

(1) There shall be a President of Pakistan, in the Constitution referred to as the President, who shall be elected by an electoral college consisting of the members of the National Assembly and the Provincial Assemblies, in accordance with the provisions contained in the First Schedule.

(2) Notwithstanding anything in Part 2, a person shall not be qualified for election as President unless he is a Muslim; nor shall he be so qualified-

(a) if he is less than forty years of age; or

(b) if he is not qualified for election as a member of the National Assembly; or

(c) if he has previously been removed from the office of President by impeachment under Article 35.

(3) The validity of the election of the President shall not be questioned in any court.

Article 33

(1) Subject to clause (3) and Article 35 the President shall hold office for a term of five years from the date on which he enters upon his office:

Provided that notwithstanding the expiration of his term, the President shall continue to hold office until his successor enters upon his office.

(2) No person shall hold office as President for more than two terms.

(3) The President may resign his office by writing under his hand addressed to the Speaker of the National Assembly.

(4) When a vacancy occurs in the office of President by the death, resignation or removal of the President, or by the expiration of the terms of his office, it shall be filled as soon as may be, in accordance with clause (1) of Article 32.

Article 34

(1) The President shall not hold any office of profit in the service of Pakistan, or any other position carrying the right to remuneration for the rendering of services, but nothing in this clause shall prevent him from holding or managing any private property.

(2) The President shall not be qualified for election as a member of the National or a Provincial Assembly; and if a member of any such Assembly is elected as President his seat in that Assembly shall become vacant on the day on which he enters upon his office.

Article 35

(1) The President may be impeached on a charge of violating the Constitution or gross misconduct.

(2) No such charge shall be preferred unless not less than one-third of the total number of members of the National Assembly give to the Speaker of that Assembly notice of their intention to move a resolution for the impeachment of the President, and no such resolution shall be moved in the Assembly unless fourteen days have expired from the date on which notice of such resolution is communicated to the President.

(3) The President shall have the right to appear and be represented during the consideration of the charge.

(4) If, after the consideration of the charge, a resolution is passed by the National Assembly, but the votes of not less than three-fourths of the total number of members, declaring that the charge has been substantiated, the President shall vacate his office on the day on which the resolution is passed.

(5) Where the Speaker of the National Assembly is exercising the functions of the President under Article 36, the provisions of this Article shall apply subject to the modification that the reference to the Speaker in clause (2) shall be construed as a reference to the Deputy Speaker, and that the reference in clause (4) to the removal from office of the President shall be construed as a reference to the removal of the Speaker from his office as Speaker; and on the passing of a resolution such as is referred to in clause (4) the Speaker shall cease to exercise the functions of President.

Article 36

(1) If a vacancy occurs in the office of President, or if the President is absent from Pakistan or is unable to discharge the duties of his office owing to illness or any other cause, the Speaker of the National Assembly shall exercise the functions of President until a President is elected, or until the President resumes the duties of his office, as the case may be.

(2) For any period during which the Speaker of the National Assembly exercises the functions of President he shall be entitled to the same remuneration and privileges as are admissible to the President, but he shall not, during any such period, exercise any of the functions of the office of the Speaker or of a member of the National Assembly, or be entitled to the remuneration and privileges admissible to the Speaker or such a member.

Article 37

(1) There shall be a Cabinet of Ministers with the Prime Minister at its head, to aid and advice the President in the exercise of his functions.

(2) The question whether any, and if so, what, advice has been tendered by the Cabinet, or a Minister or Minister of State, shall not be inquired into in any court.

(3) The President shall, in his discretion, appoint from amongst the members of the National Assembly a Prime Minister, who, his opinion, is most likely to command the confidence of the majority of the members of the National Assembly.

(4) Other Ministers, Ministers of State and Deputy Ministers shall be appointed and removed from office by the President, but no person shall be appointed a Minister of State or Deputy Minister unless he is a member of the National Assembly.

(5) The Cabinet, together with the Ministers of State, shall be collectively responsible to the National Assembly.

(6) The Prime Minister 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 Minister does not command the confidence of the majority of the members of the National Assembly.

(7) In the exercise of his functions, the President shall act in accordance with the advice of the Cabinet or the appropriate Minister or Minister of State, as the case may be, except in cases where he is empowered by the Constitution to act in his discretion, and except as respects the exercise of his powers under clause (6).

Explanation: For the avoidance of doubt it is hereby declared that for the purposes of clause (4) the appropriate Minister shall be the Prime Minister.

(8) A Minister who for any period of six consecutive months is not a member of the National Assembly shall, at the expiration of that period, cease to be a Minister, and shall not before the dissolution of that Assembly be again appointed a Minister unless he is elected a member of that Assembly.

(9) Nothing in this Article shall be construed as disqualifying the Prime Minister or any other Minister, or a Minister of State or Deputy Minister, for continuing in office during any period during which the National Assembly stands dissolved, or as preventing the appointment of any person as Prime Minister or other Minister, or as Minister of State or Deputy Minister, during any such period.

Article 38

(1) The President shall appoint an Attorney-General for Pakistan, who shall hold office during the pleasure of the President, shall receive such remuneration as may be determined by the President, and shall perform such duties as may be assigned to him by the President.

(2) No person shall be qualified for appointment as Attorney-General for Pakistan unless he is qualified for appointment as a Judge of the Supreme Court, but no person shall appointed as Attorney-General if he is or has been a Judge of the Supreme Court or of a High Court.

(3) In the performance of his official duties the Attorney-General shall have a right of audience in all courts in Pakistan.

Article 39

(1) The executive authority of the Federation shall vest in the President and shall be exercised by him, either directly or through officers subordinate to him, in accordance with the Constitution.

(2) The executive authority of the Federation shall extend to all matters with respect to which Parliament has power to make laws:

Provided that, save as expressly provided in the Constitution or in any Act of Parliament which Parliament is, under the Constitution, competent to enact for a Province, the said authority shall not extend in any Province to any matter with respect to which the Provincial Legislature also has power to make laws.

Article 40

(1) The Supreme Command of the Armed Forces shall vest in the President, and the exercise thereof shall be by law.

(2) Until Parliament makes provision by law in that behalf, the President shall have the power-

(a) to raise and maintain the Naval, Military and Air Forces of Pakistan and the Reserves of such Forces;

(b) to grant Commissions in such Forces; and (c) to appoint Commanders-in-Chief of the Army, Navy and Air Forces and determine their salaries and allowances.

Article 41

(1) All executive actions of the Federal Government shall be expressed to be taken in the name of the President.

(2) The President shall by rules specify the manner in which orders and other instruments made and executed in his name shall be authenticated, and the validity of any order or instrument so authenticated shall not be questioned in any court on the ground that it was not made or executed by the President

(3) The President shall also make rules for the allocation and transaction of the business of the Federal Government.

Article 42

It shall be the duty of the Prime Minister-

(a) to communicate to the President all decisions of the Cabinet relating to the administration of the affairs the Federation and proposals for legislation;

(b) to furnish such information relating to the administration of the affairs of the Federation and proposals for legislation as the President may call for; and

(c) if the President so requires, to submit, for the consideration of the Cabinet any matter on which a decision has been taken by a Minister but which has not been considered by the Cabinet.

Chapter 2: The Parliament of Pakistan

Article 43

There shall be a Parliament of Pakistan consisting of the President and one House, to be known as the National Assembly.

Article 44

(1) Subject to the succeeding clauses, the National Assembly shall consist of three hundred members, one half of whom shall be elected by constituencies in East Pakistan, and the other half by constituencies in West Pakistan.

(2) In addition to the seats for the members mentioned in clause (1), there shall, for a period of ten years from the Constitution Day, be ten seats reserved for women members, only of whom five shall be elected by constituencies in East Pakistan, and five by constituencies in West Pakistan; and constituencies shall accordingly be delimited as women's territorial constituencies for this purpose;

Provided that a woman who, under this clause, is a member of the Assembly at the time of the expiration of the said period of ten years shall not cease to be a member until the Assembly is dissolved.

(3) Parliament may by Act alter the number of members of the National Assembly, provided that equality of representation between East Pakistan and West Pakistan is preserved.

(4) Parliament may by Act provide for the representation in the National Assembly of any territory which is included in a Province after the Constitution Day, but no such Act shall alter the number of members to be elected by constituencies in that Province.

Article 45

(1) A person shall be qualified to be elected to the National Assembly -

(a) if he is not less than twenty-five years of age, and is qualified to be an elector for any constituency for the National Assembly under Article 143; and

(b) if he is not disqualified for being a member by the Constitution or an Act of Parliament.

(2) If any question arises whether a member has, after his election, become subject to any disqualification, the Speaker of the National Assembly shall obtain the opinion of the Election Commission and, if the opinion is that the member has incurred any disqualification, his seat shall become vacant.

(3) If any person sits or votes in the National Assembly knowning that he is not qualified for or is disqualified for, membership thereof, he shall be liable in respect of every day on which he so sits or votes to a penalty of five hundred rupees, which may be recovered from him as a debt due to the Federation.

Article 46

(1) No person shall at the same time be a member of National Assembly for two or more constituencies.

(2) Nothing in clause (1) shall prevent a person from being at the same time a candidate for two or more constituencies, but if a person has been elected as a member for two or more constituencies and does not, within thirty days of his election by the constituency by which he has been elected last, make a declaration in writing under his band addressed to the Speaker specifying the constituency which he wishes to represent, all his seats in the National Assembly shall become vacant; but so long as a person is a member for two or more constituencies he shall not sit or vote in the Assembly.

(3) If a member of the National Assembly for one constituency permits himself to be nominated as a candidate for election by another constituency for the Assembly, his seat in respect of the former constituency shall become vacant.

Article 47

If a member of the National Assembly is absent from the Assembly, without leave of the Assembly, for sixty consecutive sitting days, his seat shall become vacant.

Article 48

If a member of the National Assembly fails to make and subscribe an oath or affirmation in accordance with the provisions of the Constitution within a period of six months from the date of the first meeting of the Assembly after his election, his seat shall become vacant:

Provided that the Speaker may, before the expiration of the said period, for good cause shown, extend the period,

Article 49

A member of the National Assembly may resign his seat by notice in writing under his hand addressed to the Speaker.

Article 50

(1) The President may summon, prorogue or dissolve the National Assembly and shall, when summoning the Assembly, fix the time and place of the meeting:

Provided that at least one session of the National Assembly in each year shall be held at Dacca.

(2) Whenever a Prime Minister is appointed, the National Assembly, if, at the time of the appointment, it is not sitting and does not stand dissolved, shall be summoned so as to meet within two months thereafter.

(3) Unless sooner dissolved, the National Assembly shall stand dissolved on the expiration of five years from the date of its first meeting.

Article 51

There shall be at least two sessions of the National Assembly in every year, and six months shall not intervene between the last sitting of the Assembly in one session and its first sitting in the next session.

Article 52

The President may address the National Assembly and may send messages thereto.

Article 53

Every Minister and the Attorney-General shall have the right to speak in, and otherwise take part in the proceedings of, the National Assembly, and of any committee thereof which he may be named a member, but shall not by virtue of this Article be entitled to vote.

Article 54

(1) The National Assembly shall, as soon as may be, choose two of its members to be respectively Speaker and Deputy Speaker and thereof, and so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be.

(2) A member holding office as Speaker or Deputy Speaker shall vacate his office if he ceases to be a member of the National Assembly, may at any time resign his office by writing under his hand addressed to the President, and may be removed from his office by a resolution of the Assembly passed by a majority of the total number of members thereof; but no resolution for the purpose of this clause shall be moved unless at least fourteen day's notice has been given of the intention to move the resolution:

Provided that whenever the National Assembly is dissolved, the Speaker shall not. by virtue of the dissolution, vacate his office until immediately before the first meeting of the Assembly after the dissolution.

(3) While the office of Speaker is vacant, or the Speaker is acting as President, or is otherwise unable to perform the duties of his office, those duties shall be performed by the Deputy Speaker, or if the office of Deputy Speaker is also vacant, by such member of the Assembly as the President may appoint for the purpose; and during any absence of the Speaker from any sitting of the Assembly the Deputy Speaker, or if he also is absent, such person as may be determined by the rules of procedure of the Assembly, shall act as Speaker.

Article 55

Subject to the provisions of the Constitution-

(a) the procedure of the National Assembly shall be regulated by rules of procedure framed by the Assembly;

(b) a decision in the National Assembly shall be taken by a majority of the members present and voting; but the person presiding shall not vote except when there is an equality of votes, in which case he shall have and exercise a casting vote;

(c) the National Assembly shall have power to act, notwithstanding any vacancy in the membership thereof, and any proceedings in the Assembly shall not be invalid only for the reason that some person who was not entitled to do so, sat or voted or otherwise took part in the proceedings.

(2) If at any time during a meeting of the National Assembly the attention of the person presiding is drawn to the fact that less than forty members are present, it shall be the duty of the person presiding either to adjourn the Assembly, or to suspend the meeting until at least forty members are present.

Article 56

(1) The validity of any proceedings in the National Assembly shall not be questioned in any court.

(2) No officer or member of the National Assembly in whom powers are vested for the regulation of procedure, or the conduct of business, or the maintenance of order in the Assembly, shall, in relation to the exercise by him of any of the those powers, be subject to the jurisdiction of any court.

(3) No member of the Nation^ Assembly, and no person entitled to speak therein, shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Assembly or any committee thereof.

(4) No person shall be liable to any proceedings in any court in respect of the publication by or under the authority of the National Assembly of any report, paper, vote or proceedings.

(5) Subject to this Article, the privileges of the National Assembly, the committees and members thereof, and the persons entitled to speak therein, may be determined by Act of Parliament.

Article 57

(1) When a Bill has been passed by the National Assembly it shall be presented to the President, who shall, within ninety days -

(a) assent to the Bill; or

(b) declare that he withholds assent therefrom; or

(c) in the case of a Bill, other than a Money Bill, return the Bill to the Assembly with a message requesting that the Bill, or any amendments specified by him in the message be considered.

(2) When the President has declared that he withholds assent from a Bill the National Assembly shall be competent to reconsider the bill, and if it is again passed, with or without amendment, by the Assembly, by the votes of not less than two-thirds of the members present and voting, it shall be again presented to the President, and the President shall assent thereto.

(3) When the President has returned a Bill to the National Assembly it shall be reconsidered by the Assembly, and if it is again passed, with or without amendment, by the Assembly, by a majority of the total number of members of the Assembly, it shall be again presented to the President, and the President shall assent thereto.

Article 58

(1) In this Part, "Money Bill" means a Bill containing, only provisions dealing with all or any of the following matters that is to say-

(a) the imposition, abolition, remission, alteration or regulation of any tax;

(b) the borrowing of money, or the giving of any guarantee, by the Federal Government, or the amendment of the law relating to the financial obligations of that Government;

(c) the custody of the Federal Consolidated Fund, the payment of moneys into or the issue or appropriation of moneys from, such Fund;

(d) the imposition of a charge upon the Federal Consolidated Fund, or the abolition or alteration of any such charge;

(e) the receipt of moneys on account of the Federal Consolidated Fund, or the Public Account of the Federation, or the custody or issue of such moneys, or the audit of the accounts of the Federal or a Provincial Government; and

(f) any matter incidental to any of the matters specified in the aforesaid sub-clauses.

(2) A Bill shall not be deemed to be a Money Bill by reason only that-

(a) It provides for the imposition or alteration of any fine, or other pecuniary penalty, or for the demand or payment of a licence fee, or a fee or charge for any service rendered; or

{b) it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

(3) Every Money Bill, when it is presented to the President for his assent, shall bear a certificate under the hand of the Speaker that it is a Money Bill, and such certificate shall be conclusive for all purposes and shall not be questioned in any court.

Article 59

No Bill or amendment which makes provision for any of the matters specified in clause (1) of Article 58, or which if enacted and brought, into operation would involve expenditure from the revenues of the Federation, shall be introduced or moved in the National Assembly except on the recommendation of the President.

Chapter 2: The Parliament of Pakistan

Article 60

No tax shall be levied for the purposes of the Federation except by or under the authority of an Act of Parliament.

Article 61

(1) All revenues received by the Federal Government, loans raised by that Government, and all moneys received by it in repayment of any loan, shall form part of one consolidated fund, to be known as the Federal Consolidated fund.

(2) All other public moneys received by or on behalf of the Federal Government shall be credited to the Public Account of the Federation.

Article 62

(1) The custody of the Federal Consolidated Fund, the payment of moneys into such Fund, the withdrawal of moneys there from, the custody of public moneys other than those credited to such Fund received by or on behalf of the Federal Government, their payment into the Public Account of the Federation and the withdrawal of moneys from such Account, and all matters connected with or ancillary to matters aforesaid, shall be regulated by Act of Parliament and, until provision in that behalf is so made, by rules made by the President.

(2) All moneys received by or deposited with -

(a) any officer employed in connection with the affairs of the Federation in his capacity as such, other than revenues or public moneys raised or received by the Federal Government;

(b) any court to the credit of any cause, matter, account or person in connection with the affairs of the Federation; shall be paid into the Public Account of the Federation.

Article 63

(1) The President shall, in respect of every financial year, cause to be laid before the National Assembly a statement of the estimated receipts and expenditure of the Federal Government for that year, in this Part referred to as the Annual Financial Statement.

(2) The Annual Financial Statement shall show separately -

(a) the sums required to meet expenditure described by the Constitution as Expenditure charged upon the Federal Consolidated Fund; and

(b) the sums required to meet other expenditure proposed to be made from the Federal Consolidated Fund; and shall distinguish expenditure on revenue account from other expenditure.

Article 64

The following expenditure shall be charged upon the Federal Consolidated Fund.

(a) the remuneration payable to the President and other expenditure relating to his office, and the remuneration payable to-

(i) the Judges of the Supreme Court;

(ii) the members of the Federal Public Service Commission;

(iii) the Comptroller and Auditor General;

(iv) the Election Commissioners and Regional Election Commissioners;

(v) the Speaker and Deputy Speaker of the National Assembly; and

(vi) the members of the Delimitation Commission.

(b) the administrative expenses, including the remuneration payable to officers and servants, of the Supreme Court, the Federal Public Service Commission, the department of the Comptroller and Auditor-General, the Election Commission, the Secretariat of the National Assembly, and the Delimitation Commission;

(c) all debt charges for which the Federal Government is liable, including interest, sinking and fund charges, the repayment or amortization of capital, and other expenditure in connection with the raising of loans, and the service and redemption of debt on the security of the Federal Consolidated Fund;

(d) any sums required to satisfy any judgment, decree or award against Pakistan by any court or tribunal; and

(e) any other sums declared by the Constitution or by an Act of Parliament to be so charged.

Article 65

(1) So much of the Annual Financial Statement as relates to expenditure charged upon the Federal Consolidated Fund may be discussed in, but shall not be submitted to the vote of, the National Assembly.

(2) So much of the Annual Financial Statement as relates to other expenditure shall be submitted to the National Assembly in the form of demands for grants, and that Assembly shall have power to assent to, or to refuse to assent to any demand, or to ascent to any demand subject to a reduction of the amount specified therein.

(3) No demand for a grant shall be made except on the recommendation of the President.

Article 66

(1) As soon as may be after the grants under the last preceding Article have been made by the National Assembly, there shall be introduced in the Assembly a Bill to provide for appropriation out of the Federal Consolidated Fund of all moneys required to meet-

(a) the grants so made by the National Assembly; and

(b) the expenditure charged on the Federal Consolidated Fund, but not exceeding in any case the amount shown in the statement previously laid before the National Assembly.

(2) No amendment shall be proposed in the National Assembly to any such Bill which shall have the effect of varying the amount or altering the destination of any grant so made.

(3) Subject to the provisions of the Constitution, no money shall be withdrawn from the Federal Consolidated Fund except under appropriation made by law passed in accordance with the provisions of this Article.

Article 67

If in respect of any financial year it is found-

(a) that the amount authorized to be expended for a particular service for the current financial year is insufficient, or that a need has arisen for expenditure upon some new service not included in the Annual Financial Statement for that year, or

(b) that any money has been spent on any service during a financial year in excess of the amount granted for that service for that year;

the President shall have power to authorize expenditure from the Federal Consolidated Fund, whether the expenditure is charged by the constitution upon that Fund or not and shall cause to be aid before the National Assembly a Supplementary Financial Statement, or as the case may be, an Excess Financial Statement, setting out the amount of that expenditure, and the provisions of Articles 63 to 66 shall apply to the aforesaid statement as they apply to the Annual Financial Statement.

Article 68

(1) Notwithstanding anything in the foregoing provisions of this chapter, the National Assembly shall have power -

(a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in Article 65 for the voting of such grant and the passing of law in accordance with the provisions of Article 66 in relation to that expenditure;

(b) to make a grant for meeting an unexpected demand upon the resources of the Federation when on account of the magnitude or the indefinite character of the service, the demand cannot be specified with the details ordinarily given in an Annual Financial Statement;

(c) to make an exceptional grant which forms no part of the current service of any financial year;

and Parliament shall have power to authorize by law the withdrawal of moneys from the Federal Consolidated Fund for the purposes for which the said grants are made.

(2) The provisions of Articles 65 and 66 shall have effect in relation to the making of any grant under clause (1) and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the Annual Financial Statement and law to be made for the authorization of appropriation of money out of the Federal Consolidated Fund to meet such expenditure.

Article 69

(1) If at any time, except when the National Assembly is in session, the President is satisfied that circumstances exist which render immediate action necessary, he may make and promulgate such Ordinances as the circumstances appear to him to require, and any Ordinance so made shall have the like force of law as an Act of Parliament, but the power of making Ordinances under this clause shall be subject to the like restrictions as the power of Parliament to make laws, and any Ordinance made under this clause may be controlled or superseded by any such Act.

(2) An Ordinance promulgated under clause (1) shall be laid before the National Assembly, and shall cease to operate at the expiration of six weeks from the next meeting of the Assembly, or if a resolution disapproving it is passed by the Assembly, upon the passing of that resolution.

(3) At any time when the National Assembly stands dissolved, the President may, if he is satisfied that circumstances exist which render such action necessary, make and promulgate an Ordinance authorizing expenditure from the Federal Consolidated Fund, whether the expenditure is charged by the Constitution upon that Fund or not, pending compliance with the provisions of Articles 63, 65 and 66.

(4) As soon as may be after the date of the reconstitution of the National Assembly, any Ordinance promulgated under clause

(3) shall be laid before the Assembly, and the provisions of Articles 63, 65 and 66 shall be complied with within six weeks from that date

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Source: Documents and Speeches on the Constitution of Pakistan
By G. W. Choudhury (1967). Green Book House, Dacca (East Pakistan)

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