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Constitution (Seventeenth Amendment) Act, 2003

 A Bill further to amend the Constitution of the Islamic Republic of Pakistan

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 (Seventeenth Amendment) Act, 2003

(2) It shall come into force at once.

 

2.  Amendment of Article 41 of the Constitution:

 In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, in Article 41,

(1)  In clause (7), in paragraph (b), for the full stop at the end, a colon shall be substituted and thereafter the following proviso shall be added, namely;

Provided that paragraph (d) of clause (1) of Article 63 shall become operative on and from the 31st day of December, 2004

and

(2) After clause (7) amended as aforesaid, the following new clauses shall be added, namely : – 

"(8)  Without prejudice to the provisions of clause (7), any member or members of a House of Majlis-e-Shoora (Parliament) or of a Provincial Assembly, individually or jointly, may, not later than thirty days from the commencement of the Constitution (Seventeenth Amendment) Act, 2003, move a resolution for vote of confidence for further affirmation of the President in office by majority of the members present and voting, by division or any other method as prescribed in the rules made by the Federal Government under clause (9), of the electoral college consisting of members of both Houses of Majlis-e-Shoora (Parliament) and the Provincial Assemblies, in a special session of each House of Majlis-e-Shoora (Parliament) and of each Provincial Assembly summoned for the purpose, and the vote of confidence having been passed, the President, notwithstanding anything contained in the Constitution or judgment of any court, shall be deemed to be elected to hold office for a term of five years under the Constitution, and the same shall not be called in question in any court or forum on any ground whatsoever.

(9)  Notwithstanding anything contained in the Constitution or any other law for the time being in force, the proceedings for the vote of confidence referred to in clause (8) shall be regulated and conducted by the Chief Election Commissioner in accordance with such procedure and the votes shall be counted in such manner as may be prescribed by the rules framed by the Federal Government : —  Provided that clauses (8) and (9) shall be valid only for the forthcoming vote of confidence for the current term of the President in office".

 

3.  Amendment of Article 58 of the Constitution:

 In the Constitution, in Article 58, after clause (2), the following new clause shall be added, namely : – 

"(3) The President in case of dissolution of the National Assembly under paragraph (b) of clause (2) shall, within fifteen days of the dissolution, refer the matter to the Supreme Court and the Supreme Court shall decide the reference within thirty days whose decision shall be final".

 

4.  Amendment of Article 112 of the Constitution:

 In the Constitution, in Article 112, after clause (2), the following new clause shall be added, namely : – 

"(3) The Governor in case of dissolution of the Provisional Assembly under paragraph (b) of clause (2) shall within fifteen days of the dissolution refer the matter to the Supreme Court with the previous approval of the President and the Supreme Court shall decide the reference within thirty days whose decision shall be final."

 

5.  Omission of Article 152 A of the Constitution: In the Constitution, Article 152-A shall be omitted.

 

6.  Substitution of Article 179 of the Constitution:

 In the Constitution, for Article 179, the following shall be substituted, namely:

    "179. Retiring Age- A judge of the Supreme 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."

 

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