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Part 4: Provinces
Part 4: The Provinces Chapter 1. The Governors Article 66 (1) There shall be a Governor of each Province who shall be appointed by the President. (2) The Governor of a Province shall, in the performance of his functions, be subject to the directions of the President. Article 67 A person shall not be appointed as a Governor of a Province unless he is qualified to be elected as a member of the National Assembly. Article 68 Before he enters upon his office, the Governor of a Province shall make before the Chief Justice of the High Court of the Province an oath in such form set out in the First Schedule as is applicable to his office. Article 69 At any time when a Governor is absent from Pakistan or is unable to perform the functions of his office due to illness or some other cause, such other person as the President may direct shall act as Governor and perform the functions of that office. Chapter 2. The Provincial Legislatures Article 70 There shall be a Provincial Legislature of each Province, which shall consist of the Governor of the Province and one House, to be known as the Assembly of the Province. Article 71 (1) There shall be one hundred and fifty-five members of the Assembly of each Province, who shall be elected in accordance with this Constitution and the law. (2) Five of the seats of members of the Assembly of 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 Assembly. Article 72 (1) Unless it is sooner dissolved, an Assembly of a Province shall continue for a term of five years from- (a) the declaration of the result of the election of its members; or (&) the expiration of the term of the previous Assembly, whichever last occurs ( :) Provided that where a Provincial Assembly is dissolved under Article 74, 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 an Assembly of a Province, it shall stand dissolved. Article 73 (1) The Governor of a Province may from time to time summon the Assembly of the Province and, except when it has been summoned by the Speaker, may prorogue it. (2) The Speaker of the Assembly of a Province may, at the request of not less than one-third of the total number of members of the Assembly, summon the Assembly and, when he has summoned it, he may prorogue it. (3) When the Assembly of a Province is summoned, the date, time and place of meeting shall be specified. Article 74 (1) Where- (a) a conflict on a matter has arisen between the Governor of a Province and the Assembly of the Province; (b) the conflict has been referred to the National Assembly in accordance with this Article for decision; (c) the National Assembly has decided the conflict in favour of the Governor; and (d) the President has concurred in the dissolution of the Provincial Assembly by the Governor, the Governor may dissolve the Assembly of the Province. (2) If, at any time, a conflict with respect to any matter arises between the Governor of a Province and the Assembly of the Province, either the Governor or the Speaker of the Assembly, or both, may request the President, in writing, to refer the conflict to the National Assembly for decision. (3) A copy of the request shall, at the time it is made, be sent- (a) where the request is made by the Governor-to the Speaker; and (b) where it is made by the Speaker-to the Governor. (4) The President shall, upon receipt of the request, forthwith send a copy of the request to the Speaker of the National Assembly. (5) The conflict shall be considered by the National Assembly, and a resolution deciding the conflict shall be passed, not later than thirty days after the copy of the request is received by the Speaker of the National Assembly and, if it is necessary to summon the Assembly in order to enable the conflict to be so considered and decided, the President (or, if he fails to do so, the Speaker) shall summon the National Assembly. (6) The Governor of a Province shall not dissolve the Assembly of the Province except as provided in this Article. Article 75 (1) The Governor of a Province may address the Assembly of the Province and send messages to the Assembly (2) A member of the Governor's Council of Ministers for a Province and the Advocate-General for the Province shall have the right to speak in, and otherwise take part in, the proceedings of the Assembly of the Province, or of any of its committees, but shall not be entitled to vote. Article 76 No Bill, or amendment of a Bill, providing for or relating to preventive detention shall be introduced or moved in the Assembly of a Province without the previous consent of the Government of the Province. Article 77 (1) When a Bill has been passed by the Assembly of a Province, it shall be presented to the Governor of the Province for assent. (2) The Governor 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 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 Governor 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 tha. period. (3) If the Governor declares that he withholds assent from a Bill, the 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 Governor for assent. (4) If the Governor returns a Bill to the 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 Governor in his message or with amendments which the Governor 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 Ball 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 Governor for assent. (5) When a Bill is again presented to the Governor for assent in pursuance of clause (3) or clause (4) of this Article, the Governor shall, within ten days after the Bill is presented to him- (a) assent to the Bill; or (&) request the President, in pursuance of clause (2) of Article 74, to refer the Bill to the National Assembly as a matter with respect to which a conflict has arisen between the Governor and the Assembly of the Province, but if, within the period of ten days, the Governor fails to do either of those things, he shall be deemed to have assented to the Bill at the expiration of that period. (6) If, after a Bill has been referred to the National Assembly in pursuance of Article 74, the National Assembly passes a resolution supporting the Bill, the Governor shall be deemed to have assented to the Bill on the day on which the resolution is passed. Article 78 When the Governor of a Province has assented to, or is deemed to have assented to, a Bill passed by the Assembly of the Province, it shall become law and shall be called an Act of the Provincial Legislature of the Province. Article 79 (1) If, at a time when the Assembly of a Province stands dissolved or is not in session, the Governor of the Province 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 Provincial Legislature. (2) An Ordinance made and promulgated under this Article shall, as soon as is practicable, be laid before the Assembly of the Province. (3) If, before the expiration of the prescribed period, the Assembly of the Province, by resolution, approves of the Ordinance, the Ordinance shall be deemed to have become an Act of the Provincial Legislature, but if, before the expiration of that period, the Assembly of the Province, 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 Assembly of the Province has not approved or has not disapproved of the Ordinance, and it has not been repealed by the Governor, before the expiration of the prescribed period, it shall cease to have effect, and shall be deemed to have been repealed, upon the expiation of that period. (5) The power of the Governor of a Province 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 Legislature of the Province. (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 Assembly of the Province 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. Chapter 3. the Provincial Governments Article 80 The executive authority of a Province is vested in the Governor of the Province and shall be exercised by him, either directly or through officers subordinate to him, in accordance with this Constitution, the law and the directions of the President. Article 81 The Governor of a Province may- (a) specify the manner in which orders and other instruments made and executed in pursuance of any authority or power vested in the Governor shall be expressed and authenticated; and (b) regulate the allocation and transaction of the business of the Government of Province and establish departments of that Government. Article 82 To assist him in the performance of his functions, the Governor of a Province may (with the concurrence of the President), from amongst persons qualified to be elected as members of the Assembly of the Province, appoint persons to be members of a Council of Ministers, to be known as the Governor's Council of Ministers for the Province. Article 83 Before he enters upon his office, a Minister appointed by a Governor shall make before the Governor an oath in such form set out in the First Schedule as is applicable to his office. Article 84 The Governor of a Province may, from amongst the members of the Assembly of the Province, appoint persons (not exceeding in number the number of departments of the Government of the Province established by the Governor) to be Parliamentary Secretaries, and persons so appointed shall perform such functions in relation to those departments as the Governor may direct. Article 85 (1) The Governor of a Province shall appoint a person who is qualified to be appointed as a Judge of a High Court to be Advocate General for the Province. (2) The Advocate-General shall perform such duties as the Governor may direct. Chapter 4. Financial Procedure of the Provinces Article 86 All revenues received and all loans raised by a Provincial Government, and all moneys received by a Provincial Government in repayment of any loan, shall form part of one consolidated fund, to be known as the Provincial Consolidated Fund of the Province concerned. Article 87 The custody of the Provincial Consolidated Fund of a Province, 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 Provincial 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 Provincial Legislature or subject to any such Act, by rules made by the Governor of the Province. Article 88 The following expenditure is charged upon the provincial Consolidated Fund of a Province :- (a) Remuneration payable to the Governor of the Province and other expenditure relating to his office: (b) Remuneration payable to- (i) the Speaker and Deputy Speakers and other members of the Provincial Assembly; (ii) the Judges of the High Court of the Province; (iii) the members of the Governor's Council of Ministers for the Province; (iv) Parliamentary Secretaries appointed by the Governor of the Province; and (v) the members of the Public Service Commission of the Province: (c) The administrative expenses of, including remuneration payable to officers and servants employed in connection with, the Provincial Assembly, the High Court of the Province and the Public Service Commission of the Province; (d) Debt charges for which the Provincial 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 Provincial consolidated Fund: (e) Sums required to satiny any judgment, decree or award against the Province by any Court or tribunal: (f) Other sums declared by an Act of the Provincial Legislature to be so charged. Article 89 The provisions of Articles 40 to 47 (inclusive) shall apply to and in relation to a Province, but so that- (a) any reference in those provisions to the President shall be read as a reference to the Governor of the Province: (b) any reference in those provisions to the National Assembly shall be read as a reference to the Provincial Assembly; (c) any reference in those provisions to the Central Consolidated Fund shall be read as a reference to the Provincial Consolidated Fund; and (d) any reference in those provisions to the Central Government shall be read as a reference to the Provincial Government. Article 90 No tax shall be levied for the purposes of a Provincial Government except by or under the authority of an Act of the Provincial Legislature. Article 91 There shall be a High Court of each Province. (2) A High 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 92 (1) A Judge of a High Court shall be appointed by the President after consultation- (a) with the Chief Justice of the Supreme Court; (b) with the Governor of the Province concerned; and (c) except where the appointment is that of Chief Justice-with the Chief Justice of the High Court. (2) A person shall not be appointed as a Judge of a High Court unless he is a citizen of Pakistan and- (a) he has for a period, or for periods aggregating, not less .than ten 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); (6) he is, and has for a period of not less than ten years been, a member of a civil service prescribed by law for the purposes of this paragraph and has, for a period of not less than three years, served as or exercised the functions of a District Judge in Pakistan; or (c) he has, for a period of not less than ten years, held a judicial office in Pakistan. (3) In this Article, "District Judge" means Judge of a principal civil Court of original jurisdiction. Article 93 Before he enters upon his office, the Chief Justice of the High Court of a Province shall make before the Governor of the Province, and any other Judge of the 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 94 A Judge of a High Court shall hold office until he attains the age of sixty years unless he sooner resigns or is removed from office in accordance with this Constitution. Article 95 At any time when- (a) the office of Chief Justice of a High Court is vacant; or (b) the Chief Justice of a High 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 High Court as the President may appoint shall act as Chief Justice. Article 96 If, at any time- (a) the office of a Judge of a High Court is vacant; (b) a Judge of a High Court is absent or is unable to perform the functions of his office due to illness or some other cause; or (c) for any reason it is necessary to increase the number of Judges of a High Court, the President may appoint a person qualified for appointments as a Judge of the High Court to be an Additional Judge of the Court for such period as the President may determine, being a period not exceeding such period, if any, as may be prescribed by law. Article 97 (1) The permanent seat of the High Court of the Province of East Pakistan shall be at Dacca, but the Court may from time to time sit in such other places as the Chief Justice of the Court, with the approval of the Governor of the Province, may appoint. (2) There shall be a permanent seat of the High Court of the Province of West Pakistan at Lahore, which shall be the principal seat of that Court, and there shall also be permanent seat of that Court at Karachi and Peshawar, but the Court may from time to time sit in such other places as the Chief Justice of the Court, with the approval of the Governor of the Province, may appoint. (3) A Judge of the High Court of the Province of West Pakistan shall not be transferred from a permanent seat of that Court to another permanent seat of that Court without the approval of the President first being obtained, and a Judge of that Court who has served for less than five years at a permanent seat of that Court shall not, without his consent, be transferred to another permanent seat except where the transfer is necessary in order to ensure that the functions of the Court are properly carried out. Article 98 (1) A High Court shall have such jurisdiction as is conferred on it by this Constitution or by law. (2) Subject to this Constitution, a High Court of a Province may, if it is satisfied that no other adequate remedy is provided by law- (a) on the application of any aggrieved party, make an order- (i) directing a person performing in the Province functions in connection with the affairs of the Centre, the Province or a local authority to refrain from doing that which he is no permitted by law to do, or to do that which he is required by law to do; or (ii) declaring that any act done or proceeding taken in the Province by a person performing functions in connection with the affairs of the Centre, the Province or a local authority has been done or taken without lawful authority, and is of no legal effect; or (b) on the application of any person, make an order- (i) directing that a person in custody in the Province be brought before the High Court so that the Court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner; or (ii) requiring a person in the Province holding or purporting to hold a public office to show under what authority of law he claims to hold that office* [; or] (c) on the application of any aggrieved person, make an order giving such directions to any person or authority, including any Government, exercising any power or performing any function in, or in relation to, any territory within the jurisdiction of that Court as may be appropriate for the enforcement of any of the fundamental rights conferred by Chapter 1 of Part II of this Constitution.] (3) An order shall not be made under clause (2) of this Article- (a) on application made by or in relation to a person in the defence Services of Pakistan in respect of his terms and conditions of service, in respect of any matter arising out of his service or in respect of any action taken in relation to him as a member of the Defence Services of Pakistan; or (b) on application made by or in relation to any other person in the service of Pakistan in respect of his terms and conditions of service, except a term or condition of service that is specified in this Constitution. (4) Where- (a) application is made to a High Court for an order under paragraph (a) or paragraph (c) } of clause (2) of this Article; and (b) the Court has any reason to believe that the making of an interim order would have the effect of prejudicing or interfering with the carrying out of a public work or of otherwise being harmful to the public interest, The Court shall not make an interim order unless the prescribed law officer has been given notice of the application and the Court, after the law officer or any person authorised by him in this behalf] has been given an opportunity of being heard, is satisfied that the making of the interim order would not have the effect referred to in paragraph (&) of this clause. (5) In this Article, unless the context otherwise requires-"person" includes any body politic or corporate, any authority of or under the control of the Central Government or of a Provincial Government and any Court or tribunal, other than the Supreme Court, a High Court or a Court or tribunal established under a law relating to the Defence Services of Pakistan; "Prescribed law officer" means- (a) in relation to an application affecting the Central Government or an authority of or under the control of the Central Government-the Attorney-General; and (b) in any other case-the Advocate-General of the Province in which the application is made. Article 99 (1) The President may transfer a Judge of a High Court from one High Court to the other High Court, but no Judge shall be so transferred except with his consent and after consultation by the President with the Chief Justice of the Supreme Court and the Chief Justices of both High Courts. (2) When a Judge is so transferred, he shall, during the period for which he serves as a Judge of the High Court to which he is transferred, be entitled to such compensatory allowance, in addition to his salary, as the President may, by Order, determine. Article 100 Subject to Article 63, any decision of a High Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other Courts that are subordinate to it. Article 101 Subject to this Constitution and the law, a High Court of a Province make Rules regulating the practice and procedure of the Court or of any other Court subordinate to it. Article 102 Each High Court shall supervise and control all other Courts that are subordinate to it.
Source: Documents and Speeches on the Constitution
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