The Constitution of Pakistan, 1973 Developed by Zain Sheikh

1. Section 6 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted Art. 17, in its present form, (w.e.f. April 19, 2010), in place of Art. 17 as amended by the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (w.e.f. December 31, 2003), that read :

17.     Freedom of association—(1) Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of  ^a[sovereignty or integrity of Pakistan, public order or morality.]

^b[(2)  Every  citizen, not being  in the  service  of  Pakistan,  shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan ^c[or public order] and such law shall provide that where the Federal Government declares that any political party has been formed or is operating in a manner  prejudicial  to the sovereignty or integrity of Pakistan, ^c[or public order] the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final ^d[:]

^d[Provided that no political party shall promote sectarian, ethnic, regional hatred or animosity, or be titled or constituted as a militant group of section.]

(3)  Every political party shall account for the source of its funds in accordance with law.]

^e[(4)  Every political party shall, subject to law, hold intra-party elections to elect its office-bearers and party leaders.]

a.  Section 3 of the Constitution (Fourth Amendment) Act, 1975 (71 of 1975) substituted the said words in place of the words ” morality or public Order”, in clause 1 of Art. 17, (w.e.f. November 21, 1975).

b. Section 4 of the Constitution (First Amendment) Act, 1974 (33 of 1974) substituted clauses (2) and (3) of Art. 17, in their present form, (w.e.f. May 4, 1974), in place of clause (2) as adopted in 1973, that read :

“(2)  Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party.  Every political party shall account for the source of its funds in accordance with law.”

c. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), had validated the insertion in clause (2) of Art. 17,  (w.e.f. December 31, 2003).  Item 1 of the schedule to the Legal Framework Order, 2002, Chief Executive Order No. 24 of 2002, (hereinafter referred to as LFO (C.E.O. No. 24 of 2002)), had inserted the said words in clause (2) of Art. 17, (w.e.f. August 21, 2002).

d. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), had validated the addition of the proviso at the end of clause (2) of Art. 17, (w.e.f. December 31, 2003).  Item 1 of the schedule to LFO (C.E.O. No. 24 of 2002), had substituted a colon, in place of the full stop, at the end of clause (2) of Art. 17 and added the said proviso thereto, (w.e.f. August 21, 2002).

e. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), had validated the addition of clause (4) to Art. 17, (w.e.f. December 31, 2003).  Item 1 of the schedule to LFO (C.E.O. No. 24 of 2002), had added the said clause (4) to Art. 17, (w.e.f. August 21, 2002).