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President promulgates “ Constitution (Second Amendment) Order

ISLAMABAD, Dec 14 President Pervez Musharraf has promulgated “Constitution (Second Amendment)” Order  on Friday.

The ordinance shall come into force on  and with effect from December 14, 2007.

Here is the text of the Order:

The following President’s Order promulgated by the President is hereby

published for general information:-

 

President’s Order No. 6 of 2007

AN

Order

Further to amend the Constitution

WHEREAS pursuant to the Proclamation of emergency of 3rd day of November, 2007 and the Provisional Constitution Order No. 1 of 2007, the constitution of the Islamic Republic of Pakistan has been held in abeyance;

AND WHEREAS the Provisional Constitution Order provides that the President may from time to time amend the Constitution, as is deemed expedient;

AND WHEREAS it is expedient to amend the Constitution for the purposes hereinafter appearing;

NOW, THEREFORE, the President is pleased to make and promulgate the

following Order:-

 

1.    Short title and commencement.- (1) This Order may be called the Constitution (Second Amendment) Order, 2007.

(2) It shall come into force on and with effect from the 14th day of December, 2007.

 

2.    Amendment of the Constitution and removal of difficulties.- (1) The constitution of the Islamic Republic of Pakistan is hereby amended to the extent and in the manner specified in column 3 of the Schedule annexed to this Order.

(2) If any difficulty arises in giving effect to any of the provisions of this Order, the President may make such provisions and pass such orders as he may deem fit.

(3) The validity of any provision made or orders passed under clause (1) and (2), shall not be called in question by or before any Court, including Supreme Court, Federal Shariat Court, a High Court, any forum or authority, on any ground whatsoever.

 

THE SCHEDULE

( See Article 2(1))

S.No        Article/Chapter of     Amendments made (1)     (2)     (3)

 

1.                41.                     In clause (3); the words, brackets

                                          and figure “to be elected after the

                                          expiration of the term specified in

                                          clause (7)” shall be omitted and

                                          shall be deemed to have been omitted

                                          with effect from the 17th day of

                                          August, 1988.

 

2.                44.                In clause (2), for the words “Subject

to the constitution” the words “Notwithstanding anything contained in the constitution” shall be substituted.

 

3.                193.                (i) In clause (1), 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

                                          appointment of a Judge of the High

                                          Court for Islamabad Capital

                                          Territory, consultation with the

                                          Governor shall not be required.

                                    (ii)   In clause (2), for the words “forty-

five years’ the words ‘forty years’ shall be substituted.

 

4.                194.                 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 the case of the 

                                          Chief Justice of the High Court for

                                          Islamabad Capital Territory, the oath

                                          shall be made before the President

                                          or

                                          a person nominated by him.”

 

5.                208.                 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”.

 

6. 270C Article 270C shall be re-numbered as clause

(1)  thereof and after clause (1) re-numbered as aforesaid, the  following new clause shall be inserted, namely:-

“(2) Notwithstanding anything contained in the Constitution or any other law for

the time being in force,-

(i)   a Judge including the Chief Justice, of the Supreme Court, a High Court or Federal Shariat Court who had, not been given or taken oath under the Oath of Office (Judges) Order, 2007, had ceased to hold office on and with effect from the

3rd day of November, 2007; and

(ii)  a Judge including the Chief Justice, of the Supreme Court, a High Court and Federal Shariat Court appointed and/or continued as such Judge or

Chief Justice by virtue of the Oath of Office (Judges) Order, 2007, shall, on revival of the Constitution, take oath as set out in the Third Schedule and shall be deemed to have been appointed, and/or shall continue to hold office, under the Constitution”.

Pervez Musharraf President.

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