Making A Difference

The Provisional Constitutional Order

Notwithstanding the abeyance of the provision of the constitution, Pakistan shall subject to this order and any other order made by the President be governed, as nearly as may be, in accordance with the constitution...

Advertisement

The Provisional Constitutional Order
info_icon

Notwithstanding the abeyance of the provision of the constitution,  Pakistan shall subject to this order and any other order made by thePresident be governed, as nearly as may be, in accordance with the constitution; provided that the president may, from time to time, byorder amend the constitution as is deemed expedient; provided further that the fundamental rights under article 9, 10, 15, 16, 17, 19 and25 shall remain suspended. 

Notwithstanding anything contained in the proclamation of the today's' order or any other law for the timebeing in force, all provisions of the constitution embodying Islamic injunctions shall continue to be in force.

Advertisement

Subject to clause (1) above and the oath of office (judges) order 2007, all courts in existence immediately before thecommencement of this order shall continue to function and to exercise their respective powers and jurisdiction; provided that the supreme courtor a high court and any other court shall not have the power to make any order against the president or the prime minister or any personexercising powers or jurisdiction under their authority. all persons who immediately before the commencement of this order were in officeas judges of the supreme court, the federal Shariat Court or a high court shall be governed by and be subject to the oath of office andsuch further orders as the president may pass. Subject to clause (1)above, the parliament and the provincial assemblies shall continue to function. 

Advertisement

All persons who immediately before the commencement of this order were holding any service, post or office in connection with theaffairs of the federation or of a province shall continue in the saidservice on the same terms and conditions and shall enjoy the sameprivileges. 

No court including the Supreme Court, federal Shariatcourt and the high courts and any tribunal or other authority shallcall or permit to be called in question this order or any order madein pursuance thereof.

No judgment, decree, writ, order or process whatsoever shall me madeor issued by any court or tribunal against the president or the primeminister or any authority designated by the president.

Notwithstanding the abeyance of the provisions of the constitutionbut subject to the orders of the president, all laws other than theconstitution, all ordinances, orders, rules, by laws, regulations,notifications or other legal instruments in force in any part ofPakistan, whether made by the president or by the governor of aprovince shall continue in force until altered, amended or repealedby the president or any authority designated by him. An ordinancepromulgated by the president or by the governor of a province shallnot be subject to any limitations as to duration prescribed in theconstitution. 

The provisions of clause (1) shall also apply to anordinance issued by the president or by a governor which was in forceimmediately before the commencement of the proclamation of theemergency order.

Advertisement

Tags

Advertisement