19th Amendment in Pakistan Constitution 1973:
ACT
NO. I OF 2011
An
Act 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:
It is hereby
enacted as follows:-
1. Short
title and commencement.- (1) This Act may be called the Constitution
(Nineteenth Amendment) Act, 2010.
(2) It
shall come into force at once.
2.
Amendment of Article 81 of the Constitution.- In the
Constitution of the Islamic Republic of Pakistan, hereinafter referred to as
the Constitution, in Article 81,-
(i)
in paragraph (a), in sub-paragraph (i),after the word "Court"
occurring at
the end, the words "and
the Islamabad High Court" shall be added; and
(ii)
for paragraph (b), the following shall be substituted, namely:-
"(b)
the administrative expenses, including the remuneration payable to officers and
servants, of the Supreme Court, the Islamabad High Court, the department of the
Auditor-General, the Office of the Chief Election Commissioner and of the
Election Commission and the Secretariats of the Senate and the National
Assembly;".
3. Amendment
of Article 175 of the Constitution.- In the Constitution, in Article 175,in
clause (1), for the Explanation the following shall be substituted, namely:-
“Explanation.-Unless the context otherwise
requires, the word “High Court” wherever occurring in the Constitution shall
include “Islamabad High Court.”
4.
Amendment of Article 175A of the Constitution,- In the Constitution, in
Article 175A,-
(a) in clause (2),-
(i) in
paragraph (ii), for the word “two” the word “four” shall be substituted; and
(ii)
in paragraph (iii), for the word “two” occurring for the first time, the word
“four” shall be substituted;
(b) in clause (5),-
(i) for paragraph (iv), the
following shall be substituted, namely:-
“(iv) an
advocate having not less than fifteen years practice in the High Court to be
nominated by the concerned Bar Council for a term of two years:’; and
(ii) for the provisos the following
shall be substituted, namely:-
“Provided that for appointment of the
Chief Justice of a High Court the most Senior Judge mentioned in paragraph (ii)
shall not be member of the Commission:
Provided further that if for any reason
the Chief Justice of a High Court is not available, he shall be substituted by
a former Chief Justice or former Judge of that Court, to be nominated by the
Chief Justice of Pakistan in consultation with the four member Judges of the
Commission mentioned in paragraph (ii) of clause (2)”;
(c)
in clause (6), in the first proviso, after the word “the” occurring for the
first time, the words “Chief Justice and the” shall be inserted;
(d)
in clause (9), for the full-stop at the end a colon shall be substituted and
thereafter the following proviso shall be inserted, namely:-
“Provided that when the National Assembly is dissolved, the total membership of
the Parliamentary Committee shall consist of the members from the Senate only
mentioned in paragraph (i) and the provision of this Article shall, mutatis
mutandis, apply.”;
(e)
in clause (12),-
(i) for
the proviso the following shall be substituted, namely:-
“Provided that the Committee, for
reasons to be recorded, may not confirm the nomination by three-fourth majority
of its total membership within the said period:”; and
(ii) after
the proviso substituted as aforesaid, the following new provisos shall be
inserted, namely:-
“Provided further that if a nomination
is not confirmed by the Committee it shall forward its decision with reasons so
recorded to the Commission through the Prime Minister:
Provided further that if a nomination
is not confirmed, the Commission shall send another nomination.”;
(f) for clause(13), the
following shall be substituted, namely:-
“(13) The Committee
shall send the name of the nominee confirmed by it or deemed to have been
confirmed to the Prime Minister who shall forward the same to the President for
appointment.”;
(g)
clause(15) shall be renumbered as clause (17) and after the existing
clause (14), the following new clauses shall be inserted, namely:-
“(15) The meetings
of the Committee shall be held in camera and the record of its proceedings
shall be maintained.
(16) The
provisions of Article 68 shall not apply to the proceedings of the Committee.”.
5. Amendment of Article 182
of the Constitution.- In the Constitution, in Article 182,after the word “Pakistan ” the
commas, words, figure and letter “, in consultation with the Judicial
Commission as provided in clause (2) of Article 175A,” shall be inserted.
6. Amendment of Article 213
of the Constitution.- In the Constitution, in Article 213,in clause (2B),-
(i) for the second proviso, the
following shall be substituted, namely:-
“Provided further that the total
strength of the Parliamentary Committee shall be twelve members out of which
one-third shall be form the Senate.”; and
(iii) in
the third proviso, for the words “Parliamentary Committee shall comprise” the
words “total membership of the Parliamentary Committee shall consist of” shall
be substituted.
7.
Amendment of Article 246 of the Constitution.- In the Constitution, in
Article 246,-
(i)
in paragraph (a), sub-paragraphs (iii)and (iv) shall be omitted; and
(ii)
in paragraph (c),-
(a)
after sub-paragraph (iii), the following new sub-paragraph shall be inserted,
namely:-
“(iiia) Tribal Areas adjoining Lakki Marwat district;” and
(b)
after sub-paragraph (iv) the following new sub-paragraph shall be inserted,
namely:-
“(iva) Tribal Areas adjoining Tank District;”.
