22nd Amendment 2016
The Constitution (Twenty-second Amendment) Act, 2016
SENATE SECRETARIAT
Islamabad, the 9th June, 2016
Act No. XXV of 2016
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 for the purposes hereinafter appearing;
It is hereby enacted as follows :
- Short title and commencement.—(1) This Act may be called the Constitution (Twenty-second) Amendment) Act, 2016.
(2) It shall come into force at once.
- 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, in paragraph (b), for the word “servants”, the word “staff”, shall be substituted.
- Amendment of heading of CHAPTER 1, PART VIII of the Constitution.—In the Constitution, in PART VIII, in CHAPTER 1, in the heading, for the word “COMMISSIONS” the word “COMMISSION” shall be substituted.
- Amendment of Article 213 of the Constitution.—In the Constitution, in Article 213,—
(i) for clause (2), the following shall be substituted, namely :—
“(2) No person shall be appointed Commissioner unless he has been a judge of the Supreme Court or has been a senior civil servant or is a technocrat and is not more than sixty-eight years of age.
Explanation 1.—“senior civil servant” means a civil servant who has served for at least twenty years under Federal or a Provincial Government and has retired in BPS-22 or above.
Explanation 2.—“technocrat” means a person who is the holder of a degree requiring conclusion of at least sixteen years of education, recognized by the Higher Education Commission and has at least twenty years of experience, including a record of achievements at the national or international level.”;
(ii) in clause (2A), for the full stop at the end, the colon shall be substituted and thereafter the following proviso shall be inserted, namely :—
“Provided that in case there is no consensus between the Prime Minister and the Leader of the Opposition, each shall forward separate lists to the Parliamentary Committee for consideration which may confirm any one name.”;
(iii) in clause (2B).—
(a) the first proviso shall be omitted;
(b) in the second proviso, for the word “further”, shall be omitted; and
(c) in the third proviso, for the word “also”, the word, “further” shall be substituted; and
(iv) in clause (3), after the word “Commissioner” the words “or a member” shall be inserted.
- Amendment of Article 215 of the Constitution.—In the Constitution, in Article 215,—
(i) in clause (1), for the proviso, the following provisos shall be substituted, namely :—
“Provided that two of the members shall retire after the expiration of first two and a half years and two shall retire after the expiration of the next two and a half years:
Provided further that the Commission shall for the first term of office of members draw a lot as to which two members shall retire after the first two and a half years:
Provided also that the term of office of a member appointed to fill a casual vacancy shall be the un-expired term of office of the member whose vacancy he has filled.”; and
(ii) after clause (3), the following new clause shall be inserted, namely :—
“(4) Vacancy in the office of the Commissioner or a member shall be filled within forty-five days.”.
- Amendment of Article 216 of the Constitution.—In the Constitution, in Article 216, in clause (2), for the colon a full-stop shall be substituted and the proviso shall be omitted.
- Amendment of Article 217 of the Constitution.—In the Constitution, in Article 217, for the word “a Judge of the Supreme Court nominated by the Chief Justice of Pakistan”, the words “the most senior member in age of the members of Commission” shall be substituted.
- Amendment of Article 218 of the Constitution.—In the Constitution, in Article 218, in clause (2), for paragraph (b), the following shall be substituted, namely:—
“(b) four members, one from each Province, each of whom shall be a person who has been a judge of a High Court or has been a senior civil servant or is a technocrat and is not more than sixty-five years of age, to be appointed by the President in the manner provided for appointment of the Commissioner in clauses (2A) and (2B) of Article 213.
Explanation.—“senior civil servant” and “technocrat” shall have the same meaning as given in clause (2) of Article 213.”.
- Amendment of Article 219 of the Constitution.—In the Constitution, in Article 219,—
(i) in the marginal heading, for the word “Commissioner”, the word “Commission” shall be substituted; and
(ii) for paragraph “(a)” the following shall be substituted, namely :—
“(a) preparing electoral rolls for election to the National Assembly, Provincial Assemblies and local governments, and revising such rolls periodically to keep them up-to-date;”.
- Amendment of Article 221 of the Constitution.—In the Constitution, in Article 221,—
(i) in the marginal heading, for the word “servants”, the word “staff” shall be substituted; and
(ii) for the words “Election Commission”, occurring for the second time, the word “Commissioner” and for the word “servants”, the word “staff” shall be substituted.
- Amendment of Article 222 of the Constitution.—In the Constitution, in Article 222,—
(i) in paragraph (b), after the word “Commission”, occurring at the end, the word “including delimitation of constituencies of local governments” shall be added;
(ii) in paragraph (f),—
(a) after the word “Houses”, a comma shall be inserted and the word “and” occurring thereafter shall be omitted;
(b) after the word “Assemblies”, occurring at the end, the words “and local governments” shall be added; and
(iii) for the word “an”, appearing before the words “Election Commission” occurring for the second time, the word “the” shall be substituted.
AMJED PERVEZ
Secretary
The Constitution of Pakistan, 1973 Developed by Zain Sheikh 