Text of draft constitutional package

POINTS FOR DECISION

The provisions of the following. Articles are subject to decision after consultation with the Coalition Partners:

(1) Tenure of Judges (Article-179 and 195).

(2) Article 243 and 243A.

(3) Restoration of Judges (270CC).

(4) Validation of Ordinances

(Article 270AAA).

Note: This is not a Sacrosanct Document and can be changed or altered by Coalition Partners is the Parliament and others.

A Bill further to amend the Constitution of the Islamic Republic

WHEREAS it is expedient further to amend the Constitution of the Islamic Republic of Pakistan for the purposes hereinafter appearing;

It is hereby enacted as follows:

1. Short title and commencement.- (1) This Act may be called the Constitution (Eighteenth Amendment) Act, 2008.

(2) It shall come into force at once.

2. Amendment of Article 1 of the Constitution.- In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 1, in clause (2), in paragraph (a), for the words “North West Frontier” the word “Pakhtunkhawa” shall be substituted.

3. Amendment of Article 6 of the Constitution.- In the Constitution, for Article 6, the following shall be substituted, namely:

“(1) Any person who abrogates, subverts, suspends or holds in abeyance or attempts or conspires to abrogate, subvert, suspend or hold in abeyance the Constitution by use of force or show of force or by other un-constitutional means shall be guilty of high treason.

(2) Any person aiding or abetting or any person or any court including a High Court and the Supreme Court condoning, affirming or validating the acts mentioned in clause (1) or violating oath of office specified in the Third Schedule shall likewise be guilty of high treason.

(3) Parliament shall by law provide for the punishment of person found guilty of high treason:

4. Amendment of Article 41 of the Constitution.- In the Constitution, in Article 41,-

(i) in clause (3), the words, brackets and figures “after the expiration of the term specified in clause (7)” shall be omitted; and (ii) clauses (7), (8) and (9) shall be omitted.

5. Amendment of Article 44 of the Constitution.- In the Constitution, in Article 44, for clause (2) the following shall be substituted, namcly: “(2) Notwithstanding anything contained in the Constitution a person holding the office of the President shall be eligible for re-election to that office, but no person shall hold that office for more than two terms.”.

6. Amendment of Article 45 of the Constitution.- In the Constitution, in Article 45, after the word “authority” at the end, the words “or indemnify any act whatsoever” shall be added.

7. Amendment of Article 45 of the Constitution.- In the Constitution, in Article 48, (i) in clause (1), (a) after the word “act” the words “on and” shall be inserted and after the word “Minister” at the end, the words and commas “and such advice shall be binding on him which shall be returned to the Cabinet or the Prime Minister, as the case may be, within fifteen days” shall be added; and (b) in the proviso, after the word “shall” the commas and words “within severs days” shall be inserted.

(ii) in clause (5), for the words “his discretion’.’ the words “after consultation with the Speaker of the National Assembly and the Chairman, Senate” shall be substituted and in paragraph (b) of said clause before the word “Care-taker” the word “neutral” shall be inserted; and (iii) in clause (6), for the commas and words “,the President, in his discretion, or on the advice of the Prime Minister,” the words, “Parliament in joint sitting” shall be substituted and for the word “President” occurring for the second time, the word “Parliament” shall be substituted.

8. Amendment of Article 50 of the Constitution. - In the Constitution, in Article 50, the words “the President and” shall be omitted.

9. Amendment of Article 55 of the Constitution.- In the Constitution, in Article 55, in clause (2), for the word “one-fourth” the word “one-sixth” shall be substituted.

10. Amendment of Article 58 of the Constitution.- In the Constitution, in Article 58, clause (2) and (3) shall be omitted.

11. Amendment of Article 59 of the Constitution.- In the Constitution, in Article 59, (a) in clause (1), after the word “hundred” the words “and five” shall be substituted; and (b) in paragraph (e), (d) in paragraph (i), after the word “turpitude”,. The comma and word “, unless a period of five ye ars has elapsed from the date of his dismisissal from service” shall he added; (e) in paragraph (1), after the word “turpitude”, the comma and words “, unless a period of five years has elapsed from the date of his removal or compulsory retirement from service” shall be added; (f) paragraphs (m) and (p) shall be omitted; and (g) in paragraph (r) for the semicolon and word “ ; or” a full stop shall be substituted and thereafter paragraph “(s)” shall be omitted.

14. Amendment of Article 70 of the Constitution.- In the Constitution, in Article 70,- (i) in clause (2), for the words and figure “referred to a Mediation Committee constituted under Article 71 for consideration and resolution thereon” the words “considered in joint sitting” shall be substituted; and (ii) for clause (3), the following shall be substituted, namely:- “(3) If a request is made under clause (2), the President shall summon joint sitting within thirty days; and, if the Bill is passed in the joint sitting, with or without amendment, by the votes of the majority of the total membership of the two Houses, it shall be presented to the President for assent.”.

15. Omission of Article 71 of the Constitution.- In the Constitution, Article 71 shall be omitted.

16. Amendment of Article 73 of the Constitution.- In the Constitution, in Article 73, in clause (1), in the proviso, for the word “seven” the word “fourteen” shall be substituted.

17. Amendment of Article 75 of the Constitution.- In the Constitution, in Article-75, in clause (1), for the word “thirty” the word “fifteen” shall be substituted.

18. Substitution of Articie 90 of the Constitution.- In the Constitution, for Article 90, the following shall be substituted, namely: “90. The Federal Government.- (1) Subject to the Constitution, the executive authority of the Federation shall be exercised in the name of the President by the Federal Government, consisting of the. Prime Minister and the Federal Ministers, which shall act through the Prime Minister who shall be the Chief Executive of the Federation. (2) In the performance of his functions under the Constitution, the Prime Minister may act either directly or through the Federal Ministers.

19. Amendment of Article 91 of the Constitution.- In the Constitution, in Article 91— (i) for clauses (2), (2A). and (3), the following shall be* substituted, namely: “(2) The National Assembly shall meet on the thirtieth day following the day on which a general election to the Assembly is held, unless sooner summoned by the President. (3) After the election of the Speaker and the Deputy Speaker, the National. Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its Muslim members to be the Prime Minister. (4) -. The Prime Minister shall be elected by the votes of the majority of the total membership of the National Assembly: Provided that, if the number of votes secured by two or more members securing the highest number of votes is equal, further poll shall be held between them until one of them secures majority of votes of the members present and voting: Provided further that, if the number of votes secured by two or more members securing the highest number of votes is equal, further poll shall be held between them until one of them secures a majority of votes of the members present and voting. (5) The member elected under clause (3) shall be called upon by the President to assume the office of Prime Minister and he shall, before entering upon the office, make before the President oath in the form set out in the Third Schedule..

20. Substitution of Article 95 of the Constitution. - In the Constitution, for Article 95, the following shall be substituted, namely: -

“95. Vote of no-confidence against the Prime: Minister: -

(1) A resolution for a vote of no-confidence moved by not less than twenty percent of the total membership of the National Assembly may be passed against the Prime Minister by the National Assembly.

(2) A resolution referred to in clause (1) shall not be moved in the

National Assembly unless, by the same resolution, the name of another memberof the Assembly is put forward as the successor.

(3) A resolution referred to in clause (1) shall not be voted upon before the expiration of three days, or later than seven days, from the day on which; such resolution is moved in the National Assembly.

(4) A resolution referred to in clause (1) shall not be moved in the National Assembly while the National Assembly is considering demands for:

grants submitted to it in the Annual Budget Statement.

(5) If the resolution referred to in clause (1) is passed by a majority of the total membership of the National Assembly, the President shall call upon the person named in the resolution as the successor to assume office and on his entering upon office his predecessor and the Federal Ministers and Ministers of State appointed by him shall cease to hold office.

(6) If a resolution referred to in clause (1) is not passed, another such resolution shall not be moved until a period of six months has elapsed.”

21 .Insertion of new Article 95A of the Constitution. -In the Constitution, after Article 95, the following shall- be inserted, namely:

“95A: - Federal Minister performing functions of Prime Minister: -

(1) In the event of the resignation of the Prime Minister or the office of Prime Minister becoming vacant by any reason or of his ceasing to be a member of the National Assembly, the Senior Federal Minister for the time being shall be called upon by the President to perform the functions of that office and the Federal Ministers and the Ministers of the State shall continuein office until a new Prime Minister has entered upon his office.”

(2) If the National Assembly is in session at the time,when the office of Prime Minister becomes vacant, the Assembly shall forthwith proceed to ascertain as to which member of the Assembly commands the confidence of majority of the members and if the Assembly is not in session the President shall for that purpose summon it to meet within fourteen days of the office becoming vacant to ascertain as to which member of the Assembly commands the confidence of the majority of the members.

(3) When the Prime Minister, by reason of absence from. Pakistan or any other cause, is unable to perform his functions, the Senior Federal Minister for the time being shall perform the functions of Prime Minister until the Prime Minister returns to Pakistan or, as the case may be, resumes his functions.

(4) In this Article, “Senior Fedei-,l Minister” means the Federal Minister for the time being designated as such by the Prime Minister.

22. Insertion of new Article 99 of the Constitution. - In the Constitution, in Article 99, -

(i) in clause (2), for the word “President” occurring for the first time, the words “Federal Government” shall be substituted; and

(ii) in clause(3),for the word “President” the words” Federal Government” shall be substituted.

23. Amendment of Article 100 of the Constitution. - In the Constitution, in Article 100, for the word “President” wherever occurs, the words “Federal Government” shall be substituted.

24. Amendment of Article 101 of the Constitution. - In the Constitution, in Article 101, in clause (1), for the words “after consultation with the Prime Minister” the words “from the respective Province” shall be substituted.

25. Amendment of Article 104 of the Constitution. - In the Constitition, in Article 104, after the word “cause” the words “the President may direct the Speaker of the Provincial Assembly to act as Governor and in case the Speaker, is not available” shall be inserted.

26. Amendment of Article 105 of the Constitution. - In the Constitution, in Article 105,-

(i) in clause(1)-,

(a) after the word “act” the words “on and” shall be inserted and after the word “Minister” at the end, the words and commas “and such advice shall be binding on him which shall be returned to the Cabinet or the Chief Minister, as the case may be, within fifteen days” shall be added; and

(b) in the proviso after the word “shall” the commas and the words “,within seven days,” shall be inserted.

(ii) clause (4) shall be omitted.

27. Amendment of Article 112 of the Constitution. - In the Constitution, in Article 112, - in clause (1),-

(a) in the Explanation, the words, brackets and figures “or who is continuing in office by virtue of clause (2) of Article 134 or a Provincial Minister performing the functions of Chief Minister under clause (l) or clause (3) of Article 135” shall be omitted; and

(b) Clauses (2) and (3) shall be omitted.

28. Amendment: of Article 116 of the Constitution. - in the Constitution, in Article 116, in clause (2), for the word “thirty” the word “fifteen” shall be substituted.

(29) Amendment of Article 129 of the Constitution. - In the Constitution, for Article 129, the following shall be substituted, namely: -

“129. The Provincial Government. -(1) Subject to the Constitution,the executive authority of the Province shall be exercised in the name of the Governor by the Provincial Government, consisting of the. Chief Minister who shall be the Chief Executive of the Province.

(2) In the performance of his functions under the. Constitution, the Chief Minister may, act either directly or through the Provincial Ministers.”

30. Amendment of Article 130 of the Constitution. - In the Constitution, in Article 130, for clauses (2), (2a) and (3), the following shall be substituted, namely :-

(2) The Provincial Assembly shall meet on the thirtieth day following the day on which a general election to the Assembly is held, unless sooner summoned by the Governor.

(3) After the election of the Speaker, and the Deputy Speaker, the Provincial Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its members to be the Chief Minister,

(4) The Chief Minister shall be elected by the votes of the majority or the total membership of the Provincial Assembly:

Provided that, if no member secures such majority in the first poll, a second pall shall be held between the members who secure the two highest numbers of votes in the first poll and the member who secures a majority of votes of the members present and voting shall be declared to have been elected as Chief Minister.

Provided further that, if the number of votes Secured by two or more members securing the highest number of votes is equal, further polls shall be held between them until one of them secures a majority of votes of the members present and voting.

(5) The member elected under clause (3) shall be called upon by the Governor to assume the office of Chief Minister and he shall before entering upon the office make before the Governor oath in the form set out in the Third Schedule.

31. Insertion of new Article 133A of the Constitution. - In the Constitution after clause 133, the following shall be substituted, namely:-

“133A. Provincial Minister performing functions of Chief Minister.” - (1) In the event of the resignation of the Chief Minister or the office of Chief Minister becoming vacant by any other reason including his ceasing to be a member of the Provincial Assembly, the Senior Provincial Minister for the time being shall be called upon by the Governor to perform the functions of that office and the Provincial Ministers shall continue in office until a new Chief Minister has entered upon his office. (2) If the provincial Assembly is in session at the time when the office of Chief Minister becomes vacant, the Assembly shall forthwith proceed to ascertain which one of the members commands the confidence of the majority of members, and if the Assembly is not in session the Governor shall for that purpose summon it to meet within fourteen days of the office becoming vacant to ascertain as to which members of the Assembly comments the confidence of the majority of the members. (3) When the Chief Minister, by reason of absence from Pakistan or any other cause, is unable to perform his functions, the Senior Provincial Minister for the time being shall perform the functions of Chief Minister until the Chief Minster returns to Pakistan or, as the case may be, resumes his functions. (4) In this Article, “Senior Provincial Minister” means the Provincial Minister for the time being designated as such by the Chief Minister.

32. Amendment of Article 136 of the Constitution. - In the Constitution, in Article 136, for clauses (2) and (3), the following shall be substituted, namely: -

“(2) A resolution referred to in clause (1) shall not be moved in the Provincial Assembly unless, by the same resolution, the name of another member of the Assembly is put forward as the successor. (3) A resolution referred to in clause (1) shall not be voted upon before the expiration of three days, or later than seven days, from the day on which such resolution is moved in the Provincial Assembly. (4) A resolution referred to in clause (1) shall not be moved in the Provincial Assembly while the Provincial Assembly is considering demands for grants submitted to it in the Annual Budget Statement. (5) If the resolution referred to in clause (1) is passed by a majority of the total membership of the Provincial Assembly, the Governor shall call upon the person named in. the resolution as the successor to assume office and on his entering upon office his predecessor and the Provincial Ministers appointed by him shall cease to hold office. (6) If a resolution referred to in clause (1) is not passed, another such resolution shall not be moved until a period of six months has elapsed.”.

33. Substitution of Article 139 of the Constitution.- In the Constitution; in Article 139, (i) in clause (2), for the word “Governor” occurring for the first time, the words “Provincial Government’ shall be substituted; and in clause (3), for the word “Governor” the words “Provincial Government” shall be substituted.

34. Amendment of Article 153 of the Constitution. - In the Constitution, in article 153,-

(i) for clause (2), the following shall be substituted, namely: -

“(2) The members of the Council shall be-

(a) Prime Minister who shall be Chairman of the Council, (b) the Chief Ministers of the Provinces, (c) Leader of the House and Leader of the Opposition in the Senate, (d) Leader of Opposition in the National Assembly, and (e) two members from Federal Government to be nominated by the Prime Minister and one member each from Provincial Government to be nominated by the Chief Minister.

(ii) for clauses (3) and (4) the following shall be substituted, namely: -

“(3) The meetings of the Council shall be summoned by the Chairman or on requisition made by one-half members of the Council. (4) The Council shall meet at least twice in a year and the quorum for meeting of the Council shall be one-half of the members.

(iii) after clauses (3) and (4) substituted as aforesaid, the clause new clause shall be added, namely:

“(5) The Council shall be responsible to the Parliament and shall submit reports of its meetings to each House for discussions and recommendations, if any.”

35. Amendment of Article 156 of the Constitution. - In the Constitution Article 156,-

(i) for clause (1), the following shall be substituted, iiamciy:

(i) for clause (1), the following shall be substituted, namely:-

“(1) The President shall Constitute National Economic Council consisting of the following members, namely: -

(a) Prime Minister who shall be Chairman of the Council, (b) the Chief Ministers of the Provinces, and (c) two members from Federal Government to be nominated by the Prime Minister and one member each from Provincial Government to be nominated by the Chief Minister.

(ii) after clause (1), substituted as aforesaid, the following new clauses shall be added, namely: -

“(1A) The meetings of the Council shall be summoned by the Chairman or on requisition made by one-half members of the Council. (1B) The Council shall meet at least twice in a year and the quorum for meeting of the Council shall be one-half of the members.”,

(iii) after clause (2), the following new clause shall be added, namely: -

“(3) The Council shall be responsible to the Parliament and shall submit reports of its meetings to each House for discussion and recommendations, if any.”.

36. Amendment of Article 160 of the Constitution. - In the Constitution, in Article 160, for the words “five years” the words “three years” shall be substituted.

37. Amendment of the Article 175 of the Constitution. - In the Constitution, in Article 175,-

(i) in clause (1), after the word “Province” the words and comma “and a High Court for the Islamabad Capital Territory” shall be inserted; and

(ii) after clause (3), the following new clause shall be added, namely: -

“(4) No Court including the Supreme Court or a High Court shall have jurisdiction to validate any extra-constitutional measure or takeover by use of force or show of force or by other unconstitutional means as envisaged by Article 6.”.

38. Amendment of Article 177 of the Constitution. - In the Constitution, after Article 177, in clause (1), for the words “after consultation with the Chief Justice” the words, figure and letter “in the manner provided in Article 177A” shall be substituted.

39. Insertion of a new Article in the Constitution. – In the Constitution, after Article 177, the following new Article shall be inserted, namely: -

“177A Procedure for appointment of Supreme Court Judges –

(1) There shall be a Commission for the appointment of Chief Justice of Pakistan and other Judges of Supreme Court which shall consist of the following members, namely:-

(a) Chief Justice of Pakistan who shall be the Chairman of the Commission;

(b) All Chief Justices of the Provincial High Courts and Chief Justice of Islamabad High Court failing which the senior most Judge of the respective High Court ; and

(c) Federal Minster for Law and Justice.

Explaination. – For the purpose of this clause, the inert se seniority of the Judges of the respective High Courts shall be determined with reference to their dates of appointment as Judges, and in case the dates of such appointment are the same, with reference to their dates of appointment as Judges of any of the High Courts.

40. Substitution of Article 179 of the Constitution.- In the Constitution, for Article 179, the following shall he substituted, namely:

“179. Retiring age – (1) Subject to clause (2), a Judge of the Supreme Court shall hold office until he attains the age of sixty-eight years unless he sooner resigns or is removed from office in accordance with the Constitution.

(2) The Chief Justice of the Supreme Court whether appointed before or after the commencement of the Constitution (Eighteenth Amendment) Act, 2008 shall unless he sooner attains the of sixty-eight years shall hold office for a term of ......... year and shall thereafter have the option either –

(a) to retire from his office and receive the pension to which he would have been entitled if he had retired from office on attaining the age of sixty-eight years; or

(b) to assume the office of the Judge of the Supreme Court and to continue to receive the same salary which he was receiving while holding the office of Chief Justice.

A person who has once, held office as Chief Justice of the Supreme Court, otherwise than under Article 180, shall not again be appointed to that office.”

41. Amendment of Article 181 of the Constitution.- In the Constitution, in Article 181,-

(i) in clause (1), the Explanation shall be omitted; and

(ii) for clause (2), the following shall be substituted, namely:-

“(2) The appointment under this Article shall continue in force for a period not exceeding one year unless it is earlier revoked by the President.”

42. Amendment of Article 182 of the Constitution.- In the Constitution, in Article 182, for the, words “for such period as may be necessary” the words “for a period not exceeding one year” shall be substituted.

43. Amendment of Article 183 of the Constitution.- In the Constitution, in Article 183,-

(i) in clause (1), the commas, words and brackets “, subject to clause (3),” shall be omitted; and

(ii) clause (3) shall be omitted.

44. Amendment of Article 184 of the Constitution.- In the Constitution, in Article 184,-

(i) in cause (3), for the words “public importance” the words “general public importance” shall be substituted and for the words “the nature” the words “declaratory nature” shall be substituted; and

(ii) after clause (3), amended as aforesaid, the following new clause shall be added, namely:-

“(4) An application made under clause (3) shall be heard by a Bench comprising not less than five Judges to be constituted by the Chief Justice of Pakistan in consultation with two most senior Judges of the Supreme Court.”

45. Amendment of Article 185 of the Constitution.- In the Constitution, in Article 185, in clause (2),-

(a) in paragraph (a), the words “or to transportation for life” shall be omitted; and

(b) in paragraph (d), for the words “fifty thousand” the words “one million” shall be substituted.

46. Amendment of Article 192 of the Constitution.- In the Constitution, in Article 192, after clause (1), the following new clause shall be inserted, namely:-

“(1 A) There shall be reserved in each High Court upto ten percent seats for, women and at least thirty percent seats for persons, from the judiciary.”

47. Amendment of Article 193 of the Constitution.- In the Constitution, in Article 193, for clause (1), the following shall be substituted, namely:-

“(1) The Chief Justice of a High Court and each of the other Judges shall be appointed by the President in the manner provided in Article 193A.”

48. Insertion of new Article in the Constitution.- In the Constitution, after Article 193, the following new Article shall be inserted, namely:-

“193A. Procedure for appointment of High Court Judges.- (1) There shall be a Commission for the appointment of Chief Justice of a High Court and other Judges of a High Court which shall consist of the following members, namely:-

(a) Chief Justice of Pakistan who shall be Chairman of the Commission;

(b) Chief Justice of the High Court, failing which the senior most Judge of the respective High Court;

(c) Federal Minister for 4avu and Justice; and

(d) Provincial Law Minister of the respective Province.

Explanation.- For the purpose of this clause, the inter se seniority of a Judge of the respective High court shall be determined with reference to his date of appointment as Judge.

(2) In case of appointment of Chief Justice of a High Court Federal Minister for Law and Justice shall be the Chairman of the Commission.

(3) The Commission shall forward a panel of two names for each vacancy of a Judge to the Chief Minister, who shall forward one name to Joint Parliamentary Committee for confirmation through a transparent process.

(4) The Parliamentary Committee referred to in Clause (3) shall consist of three members from the treasury benches and three from Opposition in the Provincial Assembly to be nominated by the Leader of the House and the Leader of the Opposition, respectively.”

49. Amendment of Article 194 of the Constitution. -In the Constitution, in Article 194, for the full stop at the end, a colon shall be substituted and thereafter the following proviso shall be added, namely:-

“Provided that in case of Chief Justice of the Islamabad High Court, the oath shall be made before the President or a person nominated by him.”

50. Substitution of 195 of the Constitution.- In the Constitution, for Article 195, the following shall be substituted, namely,

“195. Retiring age.- (1) Subject to clause (2), a Judge of a High Court shall hold office until he attains the age of sixty-five years, unless he sooner resigns or is removed from office in accordance with the Constitution;

(2) The Chief Justice of a High Court whether appointed before or after the commencement of the Constitution (Eighteenth Amendment) Act, 2008 shall unless he sooner attains the age of sixty-five years, hold office for a term of ... years and shall have option either-

(b) to retire from his office and receive the pension to which he would have been entitled if he had retired from office on attaining the age of sixty-five years; or

(c) to assume the office of the Judge of the High Court and to continue to receive the same salary which he was receiving while holding the office of Chief Justice.

(3) A person who has once held office as Chief Justice of a High Court, otherwise than under Article 196, shall not again be appointed to be Chief Justice of that High Court.”

51. Amendment of Article 196 of the Constitution.- In the Constitution, in Article 196, for the word “one” the words “the most senior” shall be substituted and the commas and words “, or may request one of the judges of the Supreme Court,” shall be omitted.

52. Amendment of Article 197 of the Constitution.- In the Constitution, in Article 197, in paragraph (c), the word and commas “as the President may determine, being a period not exceeding such period, if any, as may be prescribed by law” the words “not exceeding one year” shall be substituted.

53. Amendment of Article 198 of the Constitution.- In the Constitution, in Article 198, after clause (1), the following new clause shall be inserted, namely:-

(a) “(1A) The High Court for Islamabad Capital Territory shall have its principal seat at Islamabad.

(b) In clause (3), for the words “at Sukkur” the words and comma “each at Sukkur, Hyderabad and Larkana” shall be substituted.

(c) In clause (4), the word “in consultation with” shall be omitted.”

54. Amendment of Article 203B of the Constitution.- In the Constitution, in Article 203B, in paragraph (c), for the words and comma “or, until the expiration of ten years from the commencement of this Chapter” the word “and” shall be substituted.

55. Amendment of Article 207 of the Constitution.- In the Constitution, in Article 207, for clause (2), the following shall be substituted, namely:-

“(2) A person who has held office as a Judge of the Supreme Court or a High Court shall not hold any office of profit in the service of Pakistan, before expiration of two years after he has ceased to hold that office.”

56. Amendment of Article 208 of the Constitution. – In the Constitution, in Article 208, for the full stop, at the end, a colon shall be substituted and thereafter the following proviso shall be added, namely:

“ Provided that in case of the High Court for Islamabad Capital Territory the rules may be made with the approval of the President.

57. Substitution of Article 209 of the Constitution. – In the Constitution, for Article 209, the following shall be substituted, namely:

“209 Judicial Commission of Pakistan.- (1) There shall be a Judicial Commission of Pakistan, in this Chapter referred to as the Commission.

(2) The Commission shall consist of the following members, namely:-

(i) Non-politicised retired Chief Justice of Pakistan who shall be the Chairman of the Commission

(ii) Non-politicised two retired Judges of Supreme Court; and

(iii) Non-politicised retired Judge of each High Court

(3) The members of the Commission shall be appointed by the President on terms and conditions to be determined by the Federal Government.

(4) If at any time the Commission is inquiring into the capacity or conduct of a Judge and a member of the Commission is absent or is unable to act due to illness or any other cause then another non-politicised retired Judge of the Supreme Court or, as the case may be, of High Court shall be appointed as a member of the Commission in his place.

(5) If upon any matter inquired into by the Commission there is a difference of opinion amongst its members the opinion of the majority shall prevail and the report of the Commission to the President shall be expressed in terms of the view of the majority.

Provided that in the event of the votes being equally divided the Chairman shall have a casting vote.

Continued...

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