Constitution of 1956

Part 8: Elections

Part 8 described the provisions regulating the elections. Ironically, the elections could never be held under this constitution.

Part 8: Property Contracts and Suits

Article 137

(1) There shall be an Election Commission Consisting of a Chief Election Commissioner, who shall be the Chairman of the Commission, and such number of other election Commissioners as the President may determine.

(2) The Chief Election Commissioner and every other Election Commissioner shall be appointed by the President.

(3) The President may, after consultation with the Election Commission, appoint such Regional Election Commissioners as he may consider necessary, to assist the Election Commission in the discharge of its functions under this Part.

(4) In the exercise of his functions under this Article the President shall act in his discretion.

Article 138

(1) The conditions of service of the Election Commissioners and Regional Election Commissioners shall be determined by Act of Parliament, and until so determined, by rules made by the President.

(2) The Chief Election Commissioner shall not be removed from his office except on the like grounds and in the like manner as a Judge of a High Court, but any other Election Commissioner or a Regional Election Commissioner may be removed from his office by the President, in his discretion, after consultation with the Chief Election Commissioner.

(3) The term of office of the Election Commissioners and Regional Election Commissioners shall be five years: Provided that no such Commissioner shall continue to hold office after he has attained the age of sixty-five years.

(4) On the expiration of his term of office -

(a) the Chief Election Commissioner shall be eligible for reappointment for one further term of office, but shall not otherwise be eligible for any appointment in the service of Pakistan.

(b) Any other Election Commissioner shall be eligible for reappointment as Chief Election Commissioner, but shall not otherwise be eligible for any appointment in the service of Pakistan; and

(c) A Regional Election Commissioner shall be eligible for reappointment for one further term of office, or for appointment as an Election Commissioner, but shall not otherwise be eligible for any appointment in the service of Pakistan.

Article 139

(1) It shall be the duty of all executive authorities in the Federation and in the Provinces to assist the Election Commission in the discharge of its functions, and for this purpose the President may, after consultation with the Election Commission, issue such directions as he may consider necessary.

(2) When so requested by the Election Commission, it shall be the duty of the Federal Government and of each Provincial Government to make available to the Commission such staff as may be necessary for the discharge of its functions, and in the event of any disagreement as to what staff is necessary for this purpose the question shall be decided by the President in his discretion.

Article 140

The Election Commission shall be charged with the duty of -

(a) preparing electoral rolls for elections to the National Assembly and the Provincial Assemblies, and revising such rolls annually; and

(b) organizing and conducting elections to the National Assembly and the Provincial Assemblies.

Article 141

Whenever the National Assembly or a Provincial Assembly is dissolved, a general election for the reconstitution of the Assembly shall be held not later than six months from the date of dissolution; and whenever a casual vacancy occurs in any such Assembly, a by-election to fill the vacancy shall be held not later than three months from the date of the occurrence of the vacancy:

Provided that the Chief Election Commissioner may, if in his opinion climatic conditions so require, hold a by-election at any time after three months, but not later than six months, from the date of the occurrence of the vacancy.

Article 142

(1) The President may from time to time constitute a Delimitation Commission consisting of a Chairman who is, or has been a Judge of a High Court, and two other members who shall not be members of the National Assembly or of a Provincial Assembly.

(2) The Chairman and other members of the Delimitation Commission shall be appointed by the President for such period as the President may fix, shall hold office during the pleasure of the President, and shall be entitled to such remuneration and privileges as may be determined by the President.

(3) In the exercise of his functions under the two preceding clauses the President shall act in his discretion.

(4) The Delimitation Commission shall have power to delimit territorial constituencies for election to the National Assembly and Provincial Assemblies and shall publish lists of such constituencies by public notification.

(5) The validity of anything done by or under the authority of the Delimitation Commission shall not be called in question in any court.

Article 143

(1) A person shall be entitled to be an elector in a constituency if -

(a) he is a citizen of Pakistan;

(b) he is not less than twenty-one years of age on the first day of January in the year in which the preparation or revision of the electoral roll commences;

(c) he is not declared by a competent court to be of unsound mind;

(d) he has been resident in the constituency for a period of not less than six months immediately preceding the first day of January in the year in which the preparation or revision of the electoral roll commences;

(e) he is not subject to any disqualification imposed by the Constitution or Act of Parliament.

(2) Until Parliament by Act otherwise provides, the word "resident" for the purposes of this Article, shall have the same meaning as in the Fourth Schedule.

Article 144

Subject to the provisions of the Constitution, Parliament may by Act provide for-

(a) the delimitation of constituencies, the preparation of electoral rolls, the determination of objections and the commencement of electoral rolls;

(b) the conduct of elections and election petitions; the decision of doubts and disputes arising in connection with elections;

(c) matters relating to corrupt practices and other offences in connection with elections; and

(d) all other matters necessary for the due constitution of the National Assembly and Provincial Assemblies; but no such law shall have the effect of taking away or a bridging any of the powers of the Election Commission under this Part.

Article 145

Parliament may, after ascertaining the views of the Provincial Assemblies and taking them into consideration, by Act provide whether elections to the National Assembly and Provincial Assemblies shall be held on the principle of joint electorate or separate electorate, and may in any such Act provide for all matters incidental and consequential thereto.

Article 146

No election to the National Assembly or a Provincial Assembly shall be called in question except by an election petition presented to such authority and in such manner as may be provided by Act of Parliament.

Article 147

Nothing in this Part shall apply to the Special Areas; but the President may by Order make such provision for the representation of the Special Areas in the National Assembly and the Provincial Assembly of West Pakistan as he may think fit.

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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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