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.
