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Part 3: The Centre
Part 3: The Centre Chapter 1. The President
Article 9 There shall be a President of Pakistan, who shall be elected in accordance with this Constitution and the law. Article 10 A person shall not be elected as President unless- (a) he is a Muslim; (b) he has attained the age of thirty-five years; and (c) he is qualified to be elected as a member of the National Assembly, Article 11 (1) Before he enters upon his office, a President shall make before the Chief Justice of the Supreme Court an oath in such form set out in the First Schedule as is applicable to his office. (2) This Article does not apply to a person acting as President. Article 12 (1) Subject to this Constitution, a President shall hold office for the period that, under clause (2) of this Article is his term of office Provided that a President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.) (2) The term of office of a President is the period commencing on the day on which he enters upon his office and ending - (a) where his predecessor as President completed his term of office -five years after his predecessor ceased to hold office; (b) where his predecessor as President ceased to hold office before completing his term of office-on the day on which his predecessor's term of office was due to expire.] (3) A President may resign his office by writing under his hand addressed to the Speaker of the National Assembly. Article 13 (1) Not less than one-third of the total number of members of the National Assembly may give written notice signed by each of them to the Speaker of the Assembly that they intend to move a resolution in the Assembly for the removal of the President from office on a charge that he has wilfully violated this Constitution or has been guilty of gross misconduct. (2) The notice shall set out particulars of the charge. (3) The Speaker shall forthwith cause a copy of the notice to be transmitted to the President. (4) The resolution shall not be moved in the National Assembly earlier than fourteen days, or later than thirty days, after notice of the resolution was given to the Speaker and, if it is necessary to summon the Assembly in order to enable the resolution to be moved within that period or to be considered by the Assembly, the Speaker shall summon the Assembly. (5) The President shall have the right to appear and be represented before the National Assembly during the consideration of the resolution by the Assembly. (6) If, after consideration by the National Assembly of the resolution it is passed by the Assembly by the votes of not less than three-quarters of the total number of members of the Assembly, the President shall forthwith cease to hold office and shall be disqualified from holding public office for a period of ten years from the passing of the resolution. (7) If less than one-half of the total number of members of the National Assembly vote in support of the resolution, the members who gave notice of the resolution to the Speaker of the Assembly shall cease to be members of the Assembly forthwith after the result of the voting on the resolution is declared. Article 14 (1) Not less than one-third of the total number of members of the National Assembly may give written notice signed by each of them to the Speaker of the Assembly that they intend to move a resolution in the Assembly for the removal of the President from office on the grounds of his physical or mental incapacity. (2) The notice shall set out particulars of the alleged incapacity. (3) The Speaker shall forthwith cause a copy of the notice to be transmitted to the President, together with a request signed by the Speaker that the President submit himself, within a period of ten days from the date of the request, to an examination by a Medical Board constituted in accordance with Article 15. (4) The resolution shall not be moved in the Assembly earlier than fourteen days, or later than thirty days, after notice of the resolution was given to the Speaker and, if it is necessary to summon the Assembly in order to enable the resolution to be moved within that period or to be considered by the Assembly, the Speaker shall summon the Assembly. (5) The President shall have the right to appear and be represented before the National Assembly during the consideration of the resolution by the Assembly. (6) If the President has not submitted himself to an examination by the Medical Board before the resolution is moved in the National Assembly, the resolution may be voted upon and, if it is passed by the Assembly by the votes of not less than three-quarters of the total number of members of the Assembly, the President shall forthwith cease to hold office. (7) If, before the resolution is moved in the National Assembly, the President has submitted himself to an examination by the Medical Board, the resolution shall not be voted upon until the Medical Board has been given an opportunity of putting its opinion before the Assembly. (8) If, after consideration by the National Assembly of the resolution and of any opinion put before the National Assembly by the Medical Board, the resolution is passed by the Assembly by the votes of not less than three-quarters of the total number of members of the Assembly, the President shall forthwith cease to hold office. (9) If, where the President has submitted himself to examination by the Medical Board, less than one-half of the total number of members of the National Assembly vote in support of the resolution, the members who gave notice of the resolution to the Speaker of the Assembly shall cease to be members of the Assembly forthwith after the result of the voting on the resolution is declared. Article 15 The Medical Board referred to in Article 14 shall be constituted by five duly qualified medical practitioners, who shall, except as is provided otherwise by law, be- (a) the most senior medical officer in the civil health service of the Centre; (&) the most senior medical officer in the medical service of the Pakistan Army: (c) the most senior medical officer in the health service of the Province of East Pakistan; (d) the most senior medical officer in the health service of the Province of West Pakistan; and (e) the person who is consultant physician to the Pakistan Army. Article 16 (1) At any time when- (a) the office of President is vacant; or (b) the President is absent from Pakistan or is unable to perform the functions of his office due to illness or some other cause, the Speaker of the National Assembly shall act as President and, except as provided in clause (2) of this Article, shall perform the functions of President. (2) A person acting as President- shall not dissolve the National Assembly or exercise the powers conferred on the President in Article 121; and (b) unless the office of President is vacant, shall not remove a Governor, Minister or Parliamentary Secretary from office. Article 17 (1) The Supreme Command of the Defence Services of Pakistan is vested in the President, to be exercised by him subject to law. (2) Without limiting the generality of clause (1) of this Article, the President has power, subject to law- (a) to raise and maintain the Defence Services of Pakistan and the Reserves of those Services; (b) to grant Commissions in those Services; and (c) to appoint Chief Commanders of those Services and determine their salaries and allowances. Article 18 The President has power to grant pardons, reprieves and respites, and to remit, suspend or commute any sentence passed by any Court, tribunal or other authority. Chapter 2. The Central Legislature Article 19 There shall be a Central Legislature of Pakistan, which shall consist of the President and one House, to be known as the National Assembly of Pakistan. Article 20 (1) There shall be one hundred and fifty-six members of the National Assembly, one half of whom shall be elected in accordance with this Constitution and the law from the Province of East Pakistan and the other half of whom shall be so elected from the Province of West Pakistan. (2) Three of the seats of members for each Province shall be reserved exclusively for women, but this clause shall not be construed as making a woman ineligible for election to any other seat in the National Assembly. Article 21 (1) Unless it is sooner dissolved, a National Assembly shall continue for a term of five years from- (a) the declaration of the result of the election of its members; or (b) the expiration of the term of the previous National Assembly, whichever last occurs (:) (Provided that where a National Assembly is dissolved under Article 23, the Assembly elected in its place shall continue for the unexpired period of the term of the dissolved Assembly.) (2) On the expiration of the term of a National Assembly, it shall stand dissolved. Article 22 (1) The President many from time to time summon the National Assembly and, except when it has been summoned by the Speaker, may prorogue it. (2) The Speaker of the National Assembly may, at the request of not less than one third of the total number of members of the Assembly, summon the Assembly and, when the Speaker has summoned it, he may prorogue it. (3) In the event of each of the offices of the President, and of the Speaker and Deputy Speakers of the National Assembly, being vacant, the Chief Justice of the Supreme Court may summon the National Assembly. (4) When the National Assembly is summoned, the date, time and place of meeting shall be specified. Article 23 (1) Subject to this Article, the President may at any time dissolve the National Assembly. (2) The President shall not dissolve the National Assembly at any time when the unexpired portion of the term of the Assembly is less than one hundred and twenty days. (3) If notice of a resolution is given to the Speaker of the National Assembly in pursuance of Article 13 or 14, the President shall not dissolve the Assembly- (a) before the resolution has been voted upon by the Assembly; or (b) before the expiration of thirty days after the expiry of the period which it may be moved, whichever first occurs. (4) When the President dissolves the National Assembly he shall cease to hold office upon the President elected as his successor entering upon his office.) (5) (Clause) (4) of this Article shall not be construed as preventing a President who dissolves the National Assembly from being re-elected as President. (6) The National Assembly elected in place of the Assembly dissolved shall not be dissolved before the successor of the President who dissolved it has entered upon his office. Article 24 (1) If, at any time, a conflict with respect to any matter arises between the President and the National Assembly and the President considers that it is desirable that the matter should be referred to a referendum in the form of a question that is capable of being answered either by "Yes" or "No". (2) A referendum under this Article shall be conducted amongst the members of the Electoral College. Article 25 (1) The President may address the National Assembly and send messages to the Assembly. (2) A member of the President's Council of Ministers and the Attorney-General shall have the right to speak in, and otherwise take part, in the proceedings of the National Assembly, or of any of its committees, but shall not be entitled to vote. Article 26 No Bill, or amendment of a Bill, providing for or relating to preventive detention shall be introduced or moved in the National Assembly without the previous consent of the President. Article 27 (1) When a Bill has been passed by the National Assembly, it shall be presented to the President for assent. (2) The President shall, within thirty days after a Bill is presented to him- (a) assent to the Bill; (b) declare that he withholds assent from the Bill; or (c) return the Bill to the National Assembly with a message requesting that the Bill, or a particular provision of the Bill, be reconsidered and that any amendments specified in the message be considered, but if the President fails to do any of those things within the period of thirty days, he shall be deemed to have assented to the Bill at the expiration of that period. (3) If the President declares that he withholds assent from a Bill, the National Assembly shall be competent to reconsider the Bill and, if the Bill is again passed by the Assembly (with or without amendment) by the votes of not less than two-thirds of the total number of members of the Assembly, the Bill shall again be presented to the President for assent. (4) If the President returns a Bill to the National Assembly:, the Assembly shall reconsider the Bill and if- (a) the Bill is again passed by the Assembly, without amendment or with the amendments specified by the President in his message or with amendments which the President has subsequently informed the Speaker of the Assembly are acceptable to him, by the votes of a majority of the total number of members of the Assembly; or (b) the Bill is again passed by the Assembly, with amendments of a kind not referred to in paragraph (a) of this clause, by the votes of not less than two-thirds of the total number of members of the Assembly, the Bill shall again be presented to the President for assent. (5) When a Bill is again presented to the President for assent in pursuance of clause (3) or clause (4) of this Article, the President shall, within ten days after the Bill is presented to him- (a) assent to the Bill; or (b) cause to be referred to a referendum under Article 24 the question whether the Bill should or should not be assented to, but if, within the period of ten days, the President fails to do either of those things and the Assembly is not dissolved, the President shall be deemed to have assented to the Bill at the expiration of that period. (6) If, at a referendum conducted in relation to a Bill by virtue of paragraph (b) of clause (5) of this Article, the votes of a majority of the total number of members of the Electoral College are cast in favour of the Bill being assented to, the President shall be deemed to have assented to the Bill on the day on which the result of the referendum is declared. Article 28 When the President has assented to, or is deemed to have assented to, a Bill passed by the National Assembly, it shall become law and shall be called an Act of the Central Legislature. Article 29 (1) If, at a time when the National Assembly stands dissolved or is not in session, the President is satisfied that circumstances exist which render immediate legislation necessary, he may, subject to this Article, make and promulgate such Ordinances as the circumstances appear to him to require, and any such Ordinance shall, subject to this Article, have the same force of law as an Act of the Central" Legislature. (2) An Ordinance made and promulgated under this Article shall, as soon as is practicable, be laid before the National Assembly. (3) If, before the expiration of the prescribed period, the National Assembly, by resolution, approves of the Ordinance, the Ordinance shall be deemed to have become an Act of the Central Legislature, but if, before the expiration of that period, the National Assembly, by resolution, disapproves of the Ordinance, it shall cease to have effect, and shall be deemed to have been repealed, upon the passing of the resolution. (4) If the National Assembly has not approved or has not disapproved of the Ordinance, and it has not been repealed by the President, before the expiration of the prescribed period, it shall cease to have effect, and shall be deemed to have been repealed, upon the expiration of that period. (5) The power of the President to make laws by the making and promulgation of Ordinances under this Article extends only to the making of laws within the legislative competence of the Central Legislature. (6) In this Article, "the prescribed period," in relation to an Ordinance means- (a) the period ending forty-two days after the first meeting of the National Assembly following the promulgation of the Ordinance; or (b) the period ending one hundred and eighty days after the promulgation of the Ordinance, whichever is the shorter. Article 30 (1) If the President is satisfied that a grave emergency exists- (a) in which Pakistan, or any part of Pakistan, is (or is in imminent danger of being) threatened by war or external aggression; or (b) in which the security or economic life of Pakistan is threatened by internal disturbances beyond the power of a Provincial Government to control, the President may issue a Proclamation of Emergency. (2) A Proclamation of Emergency shall, as soon as is practicable, be laid before the National Assembly. (3) The President shall, when he is satisfied that the grounds on which he issued a Proclamation of Emergency have ceased to exist, revoke the Proclamation. (4) If, at a time when a Proclamation of Emergency is in force (whether or not the National Assembly stands dissolved or is in session at that time) the President is satisfied that immediate legislation is necessary to assist in meeting the emergency that gave rise to the issue of the Proclamation, he may, subject to this Article, make and promulgate such Ordinances as appear to him to be necessary to meet the emergency, and any such Ordinance shall, subject to this Article, have the same force of law as an Act of the Central Legislature. (5) An Ordinance made and promulgated under this Article shall, as soon as is practicable, be laid before the National Assembly. (6) The National Assembly shall have no power to disapprove of the Ordinance but if, before the Ordinance ceases to have effect, the National Assembly, by resolution, approves of the Ordinance, the Ordinance shall be deemed to have become an Act of the Central Legislature. (7) An Ordinance made under this Article shall, unless it has been sooner approved by the National Assembly or repealed by the President, cease to have effect, and shall be deemed to have been repealed, at the time when the Proclamation of Emergency by virtue of which it was made is revoked. (8) The power of the President to make laws by the making and promulgation of Ordinances under this Article extends only to the making of laws within the legislative competence of the Central Legislature. (9) While a Proclamation of Emergency is in force, the President may, by Order, declare that the right to move a High Court for the enforcement of such of the fundamental rights conferred by Chapter 1 of Part II of this Constitution as may be specified in the Order, and all proceedings pending in Courts for the enforcement of the rights so specified, shall remain suspended for the period during which the Proclamation is in force.) Chapter 3. The Central Government Article 31 The executive authority of the Republic is vested in the President and shall be exercised by him, either directly or through officers subordinate to him, in accordance with this Constitution and the law. Article 32 The President may- (a) specify the manner in which orders and other instruments made and executed in pursuance of any authority or power vested in the President shall be expressed and authenticated; and (b) regulate the allocation and transaction of the business of the central Government and establish divisions of that Government. Article 33 To assist him in the performance of his functions, the President may, from amongst persons qualified to be elected as members of the National Assembly, appoint persons to be members of a Council of Ministers, to be known as the President's Council of Ministers. Article 34 Before he enters upon his office, a Minister appointed by the President shall make before the President an oath in such form set out in the First Schedule as is applicable to his office. Article 35 The President may, from amongst the members of the National Parliamentary Assembly, Appoint persons (not exceeding in number the Secretaries, number of divisions of the Central Government established by the President) to be Parliamentary Secretaries, and persons so appointed shall perform such functions in relation to those divisions as the President may direct. Article 36 (1) The President shall appoint a person who is qualified to be Attorney-General appointed as a Judge of the Supreme Court to be Attorney-General for Pakisan. (2) The Attorney-General shall perform such duties as the President may direct. (3) In the performance of his duties, the Attorney- General shall have the right of audience in all Courts in Pakistan. Chapter 4. Financial Procedure of the Centre Article 37 All revenues received and all loans raised by the Central Government, and all moneys received by the Central Government in repayment of any loan, shall form part of one consolidated fund, to be known as the Central Consolidated Fund. Article 38 The custody of the Central Consolidated Fund, the payment of moneys into, and the withdrawal of moneys from, that Fund, and all other transactions relating to that Fund, and the custody of other moneys received by or on behalf of the Central Government and all transactions relating to those moneys, and all matters ancillary to or connected with any of the aforesaid matters, shall be regulated by or under an Act of the Central Legislature or, subject to any such Act, by rules made by the President. Article 39 The following expenditure is charged upon the Central Consolidated Fund :- (a) Remuneration payable to the President and other expenditure relating to his office: (b) Remuneration payable to- (i) the Speaker and Deputy Speakers and other members of the National Assembly; (ii) the Judges of the Supreme Court; (iii) the members of the 'President's Council of Ministers; (iv) the Chief Election Commissioner ; (v) the Comptroller and Auditor-General ; (vi) the members of the Advisory Council of Islamic Ideology; (vii) Parliamentary Secretaries appointed by the President; and (viii) the members of the Central Public Service Commission : (c) The administrative expenses of, including remuneration payable to officers and servants employed in connection with, the National Assembly, the Supreme Court, the Comptroller and Auditor-General, the Chief Election Commissioner, any Election Commission, the Advisory Council of Islamic ideology and the Central Public Service Commission: (d) Debt charges for which the Central Government is liable, including interest, sinking fund charges, the repayment or amortisation of capital, and other expenditure in connection with the raising of loans and the service and redemption of debt on the security of the Central Consolidated Fund : (e) Sums required to satisfy any judgment, decree-or award against Pakistan by any Court or tribunal : (f) Other sums declared by this Constitution or by an Act of the Central Legislature to be so charged. Article 40 (1) The President shall, in respect of every financial years, cause to be laid before the National Assembly, before the commencement of that year, a statement (to be called the Annual Budget Statement) of the estimated receipts into, and the estimated expenditure from, the Central Consolidated Fund for that year. (2) The Annual Budget Statement shall distinguish expenditure on revenue account from other expenditure, and shall show separately- (a) the sums required to meet expenditure charged upon the Central Consolidated Fund ; and (b) the sums required to meet other expenditure, distinguishing recurring expenditure from expenditure that is not recurring expenditure, and showing the extent, if any to which that other expenditure is new expenditure. (3) The Annual Budget Statement shall also indicate, under the following headings, the sources from which the estimated receipts will be derived :- (a) Existing taxation : (b) New and increased taxation: (c) Borrowings: (d) Other sources. (4) In this Article- "new expenditure", in relation to the Annual Budget Statement for a financial year, means- (a) Where expenditure for a project for that year has previously been approved by the National Assembly in pursuance of Article 42-so much of any expenditure for that project for that year as exceeds the expenditure approved for that year by more than ten per centum of the approved expenditure; (b) any other expenditure which is not recurring expenditure; (c) any expenditure which is recurring expenditure and which is for a purpose in respect of which no provision was made by way of recurring expenditure in the Schedule of Authorized Expenditure for the Previous financial year; and (d) so much of any expenditure which is recurring expenditure and which is for a purpose in respect of which provision was made by way of recurring expenditure in the Schedule of Authorized Expenditure for the previous financial year as exceeds that expenditure by more than ten per centum of that expenditure; "recurring expenditure" means expenditure of a kind that ordinarily recurs from year to year, but does not include expenditure for which provision may be made under Article 42. (5) For the purposes of the definition of "new expenditure" set out in clause (4) of this Article, any Schedule of Authorized Expenditure relating to a Supplementary Budget Statement for a financial year shall be regarded as being incorporated with the Schedule of Authorized Expenditure that relates to the Annual Budget Statement for that year. Article 41 (1) So much of an Annual Budget Statement as relates to expenditure charged upon the Central Consolidated Fund may be discussed in, but shall not be submitted to the vote of the National Assembly. (2) So much of an Annual Budget Statement as relates to other expenditure, not being expenditure specified in the Statement in pursuance of clause (1) of Article 42 in respect of any subsequent financial year, shall be submitted to the National Assembly in the form of demands for grants. (3) A demand for a grant in respect of a sum that is not shown in an Annual Budget Statement as new expenditure may be discussed in the National Assembly, but, subject to clause (4) of this Article, the demand shall not be submitted to the vote of the Assembly and the Assembly shall be deemed to have assented to the demand- (a) at the expiration of fourteen days after the Statement was laid before the Assembly; or (b) at the commencement of the financial year to which the Statement relates, whichever last occurs. (4) The National Assembly may, with the consent of the President, reduce a demand for a grant referred to in clause (3) of this Article and, in that event, the Assembly shall be deemed to have assented to the demand as so reduced. (5) The National Assembly may assent to or refuse a demand for a grant in respect of a sum that is shown in the Annual Budget Statement as new expenditure or may assent to the demand in respect of such lesser sum as the Assembly may specify. (6) A demand for a grant shall not be made except on the recommendation of the President. Article 42 (1) The Annual Budget Statement, or a Supplementary Budget Statement, in respect of a financial year may, in relation to a project for which estimated expenditure for that year is specified in the Statement and which will involve expenditure from the Central Consolidated Fund in subsequent years, specify the estimated expenditure for that project for each of those subsequent yeras. (2) The National Assembly may, by resolution, approve or disapprove of the expenditure specified for any such subsequent year or may approve of such lesser expenditure for that year as is specified in the resolution. (3) If, at the expiration of a period of fourteen days after the National Assembly has assented (either with or without reduction) to the demand for a grant in respect of the expenditure specified in the Budget Statement in rela tion to the project for the year to which the Statement relates, the Asembly has not passed a resolution in pursuance of clause (2) of this Atricle in relation to the estimated expenditure for a subsequent year, the Assembly shall, at the expiration of that period, be deemed to have approved of the estimated expenditure for that subsequent year. (4) Notwithstanding the approval of the National Assembly under this Article of any expenditure for a project for a subsequent financial year, the estimated expenditure for that project for that subsequent year shall (whether or not it is the same as the approved expenditure for that year) be included in the Annual Budget Statement for that subsequent year. Article 43 (1) Following consideration by the National Assembly of the Annual Budget Statement in respect of a year, the President shall cause to be prepared, in the same form as the Statement in so far as it relates to expenditure, a schedule (to be called the Schedule of Authorized Expenditure) specifying- (a) the sums, or sums not exceeding the sums, shown in the Statement as the sums required to meet expenditure charged upon the Central Consolidated Fund; and (b) the sums granted, or deemed to have been granted, under Article 41, and shall authenticate the Schedule by his signature. (2) Subject to the provisions of this Constitution, no moneys shall be withdrawn from the Central Consolidated Fund except under the authority of the Schedule of Authorized Expenditure as authenticated by the President. (3) The Schedule of Authorized Expenditure shall be laid before the National Assembly for its information. Article 44 (1) If, in respect of any financial year, it is found that the amount authorized to be expended from the Central Consolidated Fund for a particular purpose is insufficient, or a need has and arisen for expenditure from that Fund for a purpose with respect to which there is no authority for expenditure, the President shall cause to be laid before the National Assembly a Supplementary Budget Statement setting out the proposed additional expenditure. (2) If, in respect of any financial year, it is found that money has been expended from the Central Consolidated Fund for a particular purpose and that expenditure is in excess of the amount authorized to be expended for that purpose for that year, the president shall cause to be laid before the National Assembly an Excess Budget Statement setting out the excess expenditure. (3) The provisions of Articles 40, 41 and 43 shall apply, with the necessary modifications, to and in relation to a Suplementary Budget Statement or an Excess Budget Statement. Article 45 (1) There may be included in an Annual Budget Statement an item of estimated expenditure (in this Article referred to as a contingency item) for the purpose of making provision for the withdrawal from the Central Consolidated Fund, at the discretion of the President, of amounts necessary to meet unexpected expenditure (whether on revenue account or not) that is not specifically provided for in the Statement. (2) Where a contingency item is included in an Annual Budget Statement, it shall be shown as a sum that is not required to meet new expenditure, but, notwithstanding clauses (3) and (4) of Article 41, the National Assembly may, with out the consent of the President, reduce a demand for a grant in respect of that sum to an amount that is not less than ten per centum of the total of expenditure on revenue account specified in the Budget Statement. (3) The President shall cause to be laid before the National Assembly, for its information, a statement of all expenditure from the Central Consolidated Fund under the authority of a contingency item. (4) The statement of expenditure referred to in clause (3) of this Article may be included in a Supplementary Budget Statement for the relevant financial year and, in that event, to the extent that the expenditure so included is also specified in the Schedule of Authorized Expenditure that relates to that Supplementary Budget Statement, the expenditure shall be deemed to have been made under the authority of that Schedule and not under the authority of the contingency item. Article 46 When, for any reason, the Schedule of Authorized Expenditure for a financial year is not authenticated before the Commencement of that year, the President may, pending the authentication of the Schedule, authorize withdrawals from the Central Consolidated Fund of amounts necessary to meet expenditure of Authorized that is provided for in the Annual Budget Statement for that Expenditure year and - (a) is charged upon the Central Consolidated Fund; or (b) is not specified in the Statement as new expenditure. 47. (1) Except on the recommendation of the President, no Bill or amendment shall be introduced or moved in the National Assembly if- (a) it would, if enacted and brought into operation, involve expenditure form the revenues or other moneys of the Central Government ; or (b) it makes provision for any of the matters, or any matter incidental to any of the matters, specified below :- (i) The imposition, abolition, remission, alteration or regulation of any tax : (ii) The borrowing of money, or the giving of any guarantee, by the Central Government, or the amendment of the law relating to the financial obligations of the Central Government: (iii) The imposition of a charge upon the Central Consolidated Fund, or the abolition or alteration of any such charge : (iv) The custody of the Central Consolidated Fund, the payment of moneys into, or the issue of moneys from, that Fund; (v) The custody, receipt or issue of any other moneys of the Central Government : (vi) The audit of the accounts of the Central Government or of a Provincial Government. (2) Clause (1) of this Article does not apply to a Bill or amendment by reason only that it provides- (a) 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) for the imposition, abolition, remission, alteration or regulation of any tax by any local authority for local purposes. Article 48 No tax shall be levied for the purposes of the Central Government except by or under the authority of an Act of the Central Legislature. Chapter 5. The Supreme Court of Pakistan Article 49 (1) There shall be a Supreme Court of Pakistan. (2) The Supreme Court shall consist of a Chief Justice and so many other Judges as may be determined by law or, until so determined, as may be fixed by the President. Article 50 (1) The Chief Justice of the Supreme Court shall be appointed by the President, and the other Judges shall be appointed by the President after consultation with the Chief Justice. (2) A person shall not be appointed as a Judge of the Supreme Court unless he is a citizen of Pakistan and- (a) he has for a period of, or for periods aggregating, not less than five years been a Judge of a High Court (including a High Court that existed in Pakistan at any time before the commencing day); or (b) he has for a period of, or for periods aggregating, not less than fifteen years been an advocate or pleader of a High Court (including a High Court that existed in Pakistan at any time before the commencing day and any High Court that existed in British India before the fourteenth day of August, One thousand nine hundred and forty seven). Article 51 Before he enters upon his office the Chief Justice of the Supreme Court shall make before the President, and any other Judge of the Supreme Court shall make before the Chief Justice, an oath in such form set out in the First Schedule as is applicable to his office. Article 52 A judge of the Supreme Court shall hold office untill he attains the age of sixty-five years unless he sooner resigns or is removed from office in accordance with this Constitution. Article 53 At any time when- (a) The office of Chief Justice of the Supreme Court is vacant; or (b) the Chief Justice of the Supreme Court is absent or is unable to perform the functions of his office due to illness or some other cause, Such other Judge of the Supreme Court as the President may appoint shall act as Chief Justice. Article 54 (1) If, at any time- (a) the office of a Judge of the Supreme Court is vacant; or (b) a Judge of the Supreme Court is absent or is unable to perform the functions of his office due to illness or some other cause, The President may appoint a Judge of a High Court who is qualified for appointment as a Judge of the Supreme Court to act temporarily as a Judge of the Supreme Court. (2) An appointment under this Article shall continue in force until it is revoked by the President. Article 55 If, at any time, it is not possible for want of a quorum of Judges of the Supreme Court to hold or continue any sittings of the Court or for any other reason it is necessary to increase temporarily the number of Judges of the Supreme Court, the Chief Justice of the Supreme Court may, in writing, (with the approval of the President and the consent of the Chief Justice of the High Court concerned) require a Judge of a High Court qualified for appointment as a Judge of the Supreme Court to attend sittings of the Supreme Court as an ad hoc judge for such period as may be necessary, and, while so sitting, such ad hoc Judge shall have the same power and jurisdiction as a Judge of the Supreme Court. Article 56 (1) The permanent seat of the Supreme Court shall, subject to clause (3) of this Article, be at Islamabad, but it shall sit in Dacca at least twice every year for such period as the Chief Justice of the Court may consider necessary. (2) The Supreme Court may from time to time sit in such other places as the Chief Justice of the Court, with the approval of the President, may appoint. (3) Until provision is made for establishing the Supreme Court at the seat of the Court shall be at such place as the President may appoint. Article 57 (1) The Supreme Court shall, to the exclusion of every other Court, have original jurisdiction in any dispute between one of the Governments and one or both of the other Governments. (2) In the exercise of the jurisdiction conferred on it by this Article, the Supreme Court shall pronounce declaratory judgments only. (3) In this Article, "the Governments" means the Central Government and the Provincial Governments. Article 58 (1) Subject to this Article, the Supreme Court shall have jurisdiction to hear and determine appeals from judgements, decrees, orders or sentences of a High Court. (2) An appeal to the Supreme Court from a judgment, decree, order or sentence of High Court shall lie as of right where- (a) the High Court certifies that the case involves a substantial question of law as to the interpretation of this Constitution; (b) the High Court has sentenced a person to death or to transportation for life; or (c) the High Court has imposed punishment on a person in pursuance of the power conferred on the Court by Article 123. (3) An appeal to the Supreme Court from a judgment, decree, order or sentence of a High Court in a case to which clause (2) of this Article does not apply shall lie only if the Supreme Court grants leave to appeal. Article 59 (1) If, at any time, the President considers that it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration. (2) The Supreme Court shall consider a question so referred and report its opinion on the question to the President. Article 60 In addition to the jurisdiction conferred on it by this Constitution, the Supreme Court shall have such other jurisdiction as may be conferred on it by law. Article 61 (1) The Supreme Court shall have power to issue such directions, orders or decrees as may be necessary for doing complete justice in any cause or matter pending before it, including an order for the purpose of securing the attendance of any person or the discovery or production of any document. (2) Any such direction, order or decree shall be enforceable throughout Pakistan and shall, where it is to be executed in a Province, be executed as if it had been issued by the High Court of that Province. (3) If a question arises as to which High Court shall give effect to a direction, order or decree of the Supreme Court, the decision of the Supreme. Court on the question shall be final. Article 62 The Supreme Court shall have power, subject to the provisions of any Act of the Central Legislature and of any Rules made by the Supreme Court, to review any judgment pronounced or any order made by it. Article 63 Any decision of the Supreme Court shall, to the Decision of Sup-extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other Courts in Pakistan. Article 64 All executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court. Article 65 Subject to this Constitution and the law, the Supreme Court may, with the approval of the President, make Rules regulating the practice and procedure of the Court.
Source: Documents and Speeches on the Constitution
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