Article: 51 National Assembly.
1[51. National Assembly.—(1) There shall be 2[three hundred and thirty-six] seats for members in the National Assembly, including seats reserved for women and non-Muslims.
(2) A person shall be entitled to vote if—
(a) he is a citizen of Pakistan;
(b) he is not less than eighteen years of age;
(c) his name appears on the electoral roll; and
(d) he is not declared by a competent court to be of unsound mind.
3[(3) The seats in the National Assembly referred to in clause (1), except the seats mentioned in clause (4), shall be allocated to each Province and the Federal Capital as under :—
| General Seats | Women | Total | |
| Balochistan | 16 | 4 | 20 |
| Khyber Pakhtunkhwa | 45 | 10 | 55 |
| Punjab | 141 | 32 | 173 |
| Sindh | 61 | 14 | 75 |
| Federal Capital | 3 | — | 3 |
| Total | 266 | 60 | 326] |
4[(3A) Notwithstanding anything contained in clause (3) or any other law for the time being in force, the members of the National Assembly from the Federally Administered Tribal Areas to be elected in the general elections, 2018 shall continue till dissolution of the National Assembly and thereafter this clause shall stand omitted.]
(4) In addition to the number of seats referred to in clause (3), there shall be, in the National Assembly, ten seats reserved for non-Muslims.
5[ 6[**** The] seats in the National Assembly shall be allocated to each province and the Federal Capital on the basis of population in accordance with the last preceding census officially published :
Provided that for purposes of the next general elections to be held in 2018 and bye-elections related thereto, the allocation shall be made on the basis of provisional results of the 2017 census which shall be published by the Federal Government.]
(6) For the purpose of election to the National Assembly,—
(a) the constituencies for the general seats shall be single member territorial constituencies and the members to fill such seats shall be elected by direct and free vote in accordance with law;
(b) each Province shall be a single constituency for all seats reserved for women which are allocated to the respective Provinces under clause (3);
(c) the constituency for all seats reserved for non-Muslims shall be the whole country;
(d) members to the seats reserved for women which are allocated to a Province under clause (3) shall be elected in accordance with law through proportional representation system of political parties’ lists of candidates on the basis of total number of general seats secured by each political party from the Province concerned in the National Assembly:
Provided that for the purpose of this paragraph the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates; and
(e) members to the seats reserved for non-Muslims shall be elected in accordance with law through proportional representation system of political parties’ lists of candidates on the basis of total number of general seats won by each political party in the National Assembly:
Provided that for the purpose of this paragraph the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates.]
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Footnotes:
- Section 16 of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted Art. 51, in its present form, (w.e.f. April 19, 2010), in place of Art. 51 as amended upto 2003 by the Constitution (Seventeenth Amendment), Act, 2003. Art. 51 as substituted shall be deemed always to have been so substituted with effect from the 21st day of August, 2002. Art. 51, as amended upto 2003 by the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (w.e.f. December 31, 2003), read :
51. National Assembly.— A[(1) There shall be three hundred and forty-two seats of the members in the National Assembly, including seats reserved for women and non-Muslims.
(1A) The seats in the National Assembly referred to in clause (1), except as provided in clause (2A), are allocated to each Province, the Federally Administered Tribal Areas and the Federal Capital as under:—
| General Seats | Women | Total | |
| Balochistan | 14 | 3 | 17 |
| The North-West Frontier Province |
35 | 8 | 43 |
| Punjab | 148 | 35 | 183 |
| Sindh | 61 | 14 | 75 |
| The Federally Administered Tribal Areas
The Federal Capital |
12
|
—
— |
12
2 |
| Total | 272 | 60 | 332] |
(2) A person shall be entitled to vote if—
(a) he is a citizen of Pakistan;
(b) he is not less than B[eighteen] years of age;
(c) his name appears on the electoral roll; and
(d) he is not declared by a competent Court to be of unsound mind c[.]
C[Proviso] Omitted.
D[(2A) In addition to the number of seats referred to in clause (1A), there shall be, in the National Assembly, ten seats reserved for non-Muslims.]
(3) The seats in the National Assembly shall be allocated to each Province, the Federally Administered Tribal Areas and the Federal Capital on the basis of population in accordance with the last preceding census officially published.
E[(4) For the purpose of election to the National Assembly,—
(a) the constituencies for the general seats shall be single member territorial constituencies and the members to fill such seats shall be elected by direct and free vote in accordance with law;
(b) each Province shall be a single constituency for all seats reserved for women which are allocated to the respective Provinces under clause (1A);
(c) the constituency for all seats reserved for non-Muslims shall be the whole country;
(d) members to the seats reserved for women which are allocated to a Province under clause (1A) shall be elected in accordance with law through proportional representation system of political parties’ lists of candidates on the basis of total number of general seats secured by each political party from the Province concerned in the National Assembly F[:]
F[Provided that for the purpose of this sub-clause the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates;]
(e) members to the seats reserved for non-Muslims shall be elected in accordance with law through proportional representation system of political parties’ lists of candidates on the basis of total number of general seats won by each political party in the National Assembly :
G[Provided that for the purpose of this sub clause the total number of general seats won by a political party shall include the independent, returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates;] ]
H[(4A)] Omitted.
I[(5)] Omitted.
J[(6)] Omitted.
A. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), validated the substitution of clause (1) of Art. 51 and addition of clause (1A) thereto, (w.e.f. December 31, 2003). Item 3 of the schedule to C.E.O. No.24 of 2002 substituted clause (1) of Art. 51, in the form set out in note “A” to footnote 1, (w.e.f. August 21, 2002), in place of the clause as adopted in 1973 and added clause (1A) thereto. Clause (1) of Art. 51 as adopted in 1973, read :
51. National Assembly.—(1) The National Assembly shall consist of a[two hundred and seven Muslim] members to be elected by direct and free vote in accordance with law.
B. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), validated the substitution of the word in paragraph (b) of clause (2) of Art. 51, (w.e.f. December 31, 2003). Item 3 of the schedule to LFO (C.E.O. No. 24 of 2002), also substituted the said word in place of the words “twenty-one” in paragraph (b) of clause (2) of Art. 51, (w.e.f. August 21, 2002). Item 11 of the schedule to RCO (P.O. No. 14 of 1985) had substituted the words “twenty-one” in place of the word “eighteen”, as adopted in 1973, (w.e.f. March 2, 1985).
C. Item 11 of the schedule to RCO (P.O. No. 14 of 1985), substituted the full-stop, in place of the colon at the end of paragraph (d) of clause 2 of Art. 51 and omitted the proviso thereto, (w.e.f. March 2, 1985). The deleted proviso adopted in 1973, read :
” Provided that, for the purpose of the first general election to the National Assembly or an election to a seat falling vacant before the holding of the second general election to the Assembly, paragraph (b) shall have effect as if for the word “eighteen” therein the word “twenty one” were substituted.
D. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), validated the substitution of clause (2A) of Art. 51, (w.e.f. December 31, 2003). Item 3 of the schedule to LFO (C.E.O. No. 24 of 2002), substituted the said clause (2A) of Art. 51, in the form set out in note “D” to footnote 1, (w.e.f. August 21, 2002). Item 11 of the schedule to RCO (P.O. No. 14 of 1985), had substituted clause (2A) of Art. 51, (w.e.f. March 2, 1985), in place of the said clause as inserted in 1975. The said clause, with respect to non-muslim seats, as first substituted by RCO (P.O. No. 14 of 1985), read:
“2A. In addition to the number of seats referred to in clause (1), there shall be in the National Assembly ten additional seats reserved as follows for the persons referred to in clause (3) of Article 106.—
Christians …. 4
Hindus and persons belonging to the Scheduled Castes …. 4
Sikh, Budhist and Parsi communities & other non-Muslims …. 1
Persons belonging to the Quadiani group or the Lahori
group (who call themselves Ahmadis) …. 1”
Section 5(a) of the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), inserted clause (2A) to Art. 51, (w.e.f. November 21, 1975, that read :
” (2A) In addition to the number of seats referred to in clause (1), there shall be in the National Assembly six additional seats reserved for the persons referred to in clause (3) of Art. 106.”
E. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), also validated the substitution of clause (4) of Art. 51, (w.e.f. December 31, 2003). Item 3 of the schedule to LFO (C.E.O. No. 24 of 2002), also substituted the said clause (4) of Art. 51, in the form set out in note “E” to footnote 1, (w.e.f. August 21, 2002), in place of the clause as adopted in 1973. As the provision with respect to reserved seats for women has now been inserted in Art. 51(1), clause (4) thereof was, in any case, required to be deleted. Clause (4) of Art. 51 as deleted by substitution, read :
“4 Until the expiration of a period of ten years from the commencing day or the holding of the b[third ] general election to the National Assembly, which ever occurs later, c[twenty seats] in addition to the number of seats referred to in clause (1) shall be reserved for women and allocated to the Provinces in accordance with the Constitution and law.”
F. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), validated the insertion of the proviso at the end of sub clause (d) of clause (4) of Art. 51, (w.e.f. December 31, 2003). Art. 2(1) of the Legal Framework (Amendment) Order, 2002, C.E.O. No. 29 of 2002, substituted a colon, in place of the semi colon at the end of sub clause (d) of clause (4) of Art. 51 and inserted the said proviso thereto, in the form set out in note “F” to footnote 1, (w.e.f. October 9, 2002).
G. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), also validated the substitution of the proviso to sub clause (e) of clause (4) of Art. 51, (w.e.f. December 31, 2003). Art. 2(1) of the Legal Framework (Amendment) Order, 2002, C.E.O. No. 29 of 2002, also substituted the proviso to sub clause (e) of clause (4) of Art. 51, in the form set out in note “G” to footnote 1, (w.e.f. October 9, 2002), in place of the proviso as inserted by Item 3 of the schedule to LFO (C.E.O. No. 24 of 2002) (w.e.f. August 21, 2002). The said proviso deleted by substitution, read :
“Provided that a political party securing less than five per centum of the total number of seats in the National Assembly shall not be entitled to any seat reserved for women or non-Muslims.
H. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), also validated the omission of clause (4A) of Art. 51, (w.e.f. December 31, 2003). Item 3 of the schedule to LFO (C.E.O. No. 24 of 2002), omitted clause (4A) of Art. 51, (w.e.f. August 21, 2002). Item 11 of the schedule to RCO (P.O. No. 14 of 1985) had substituted the said clause (4A) of Art. 51, (w.e.f. March 2, 1985), in place of the said clause as inserted in 1975. The deleted clause read :
(4A) The members to fill the seats referred to in clause (2A) shall be elected, simultaneously with the members to fill the seats referred to in clause (1), on the basis of separate electorates by direct and free vote in accordance with law.
Section 5 of the Constitution (Fourth Amendment) Act, 1975 (71 of 1975), inserted clause (4A) to Art. 51, (w.e.f. November 21, 1975), that read :
“(4A) As soon as practicable after the general election to the National Assembly, the members to fill seats reserved in that Assembly for the persons referred to in clause (2A) shall be elected in accordance with law by the members of the Assembly referred to in clause (1).”
I. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), also validated the omission of clause (5) of Art. 51, (w.e.f. December 31, 2003). Item 3 of the schedule to LFO (C.E.O. No. 24 of 2002), omitted the said clause (5) of Art. 51, (w.e.f. August 21, 2002). Item 11 of the schedule to RCO (P.O. No. 14 of 1985) had substituted clause (5) of Art. 51, (w.e.f. March 2, 1985), in place of the said clause as adopted in 1973. The deleted clause read :
(5) As soon as practicable after the general election to the National Assembly, the members to fill seats reserved for women which are allocated to a Province under clause (4) shall be elected in accordance with law on the basis of the system of proportional representation by means of a single transferable vote by the electoral college consisting of the persons elected to the assembly from that Province.
Clause (5) of Art. 51 as adopted in 1973, read :
“(5) For the purpose of election to the seats allocated to a province under clause (4), the members of the National Assembly from that province shall constitute the electoral college.”
J. Section 10 of the Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), (now repealed), validated the omission of clause (6) of Art. 51, (w.e.f. December 31, 2003). Item 3 of the schedule to LFO (C.E.O. No. 24 of 2002), also omitted the said clause (6) of Art. 51, as adopted in 1973, (w.e.f. August 21, 2002). The deleted clause, read :
“(6) Notwithstanding anything contained in this Article, the President may, by Order, make such provision as to the manner of filling the seats in the National Assembly allocated to the Federally Administered Tribal Areas as he may think fit.”
a. Item 11 of the schedule to RCO (P.O. 14 of 1985), substituted the said words in place of the words “two hundred members” in clause (1) of Art. 51, as adopted in 1973, (w.e.f. March 2, 1985):
b. Section 3 of the Constitution (Eighth Amendment Act, 1985 (18 of 1985), substituted the said word in place of the word “second” in clause (4) of Art. 51, as adopted in 1973, (w.e.f. November 11, 1985).
c. Item 11 of the schedule to RCO (P.O. No. 14 of 1985) substituted the said words in place of the words “ten seats” in clause (4) of Art. 51, as adopted in 1973, (w.e.f. March 2, 1985).
- Section 3(i) of the Constitution (Twenty-fifth Amendment Act, 2018 (XXXVII of 2018), substituted the said words in place of the words “three hundred and forty-two” in clause (1) of Art. 51, (w.e.f. June 4, 2018).
- Section 3(ii) of the Constitution (Twenty-fifth Amendment) Act, 2018 (XXXVII of 2018), substituted clause (3) of Art. 51, in its present form, (w.e.f. June 4, 2018). The substituted clause (3) of Art. 51, as substituted by the Constitution (Twenty-fourth Amendment) Act, 2017), that read :
(3) the seats in the National Assembly referred to in clause (1), except as provided in clause (4), shall be allocated to each Province, the Federally Administered Tribal Areas and the Federal Capital as under :—
| General Seats | Women | Total | |
| Balochistan | 16 | 4 | 20 |
| Khyber Pakhtunkhwa | 39 | 9 | 48 |
| Punjab | 141 | 33 | 174 |
| Sindh | 61 | 14 | 75 |
| Federally Administered Tribal Areas | 12 | — | 12 |
| Federal Capital | 3 | — | 3 |
| Total | 272 | 60 | 332] |
Section 2(a) of the Constitution (Twenty-fourth Amendment) Act, 2017 (XXXVIII of 2017), had substituted clause (3) of Art. 51, (w.e.f. December 24, 2017). The substituted clause (3) of Art. 51, as substituted by the Constitution (Eighteenth Amendment) Act, 2010), read :
(3) he seats in the National Assembly referred to in clause (1), except as provided in clause (4), shall be allocated to each Province, the Federally Administered Tribal Areas and the Federal Capital as under :—
| General Seats | Women | Total | |
| Balochistan | 14 | 3 | 17 |
| Khyber Pakhtunkhwa | 35 | 8 | 43 |
| Punjab | 148 | 35 | 183 |
| Sindh | 61 | 14 | 75 |
| Federally Administered Tribal Areas | 12 | — | 12 |
| Federal Capital | 2 | — | 2 |
| Total | 272 | 60 | 332 |
- Section 3(iii) of the Constitution (Twenty-fifth Amendment) Act, 2018 (XXXVII of 2018), inserted a new clause (3A), in its present form, after clause (3) of Art. 51, (w.e.f. June 4, 2018).
- Section 2(b) of the Constitution (Twenty-fourth) Amendment) Act, 2017, (XXXVIII of 2017), substituted clause (5) of Art. 51, in its present form, (w.e.f. December 24, 2017). The substituted clause (5) of Art. 51, as substituted by the Constitution (Eighteenth Amendment) Act, 2010), that read :
(5) The seats in the National Assembly shall be allocated to each Province, the Federally Administered Tribal Areas and the Federal Capital on the basis of population in accordance with the last preceding census officially published.
6. Section 3(iv) of the Constitution (Twenty-fifth Amendment) Act, 2018 (XXXVII of 2018), omitted the words, brackets; figures and comma “Save as provided in clause (3) in respect of the Federally Administered Tribal Areas,” and substituted the said word, in place of the word “the” occurring for the first time in clause 5 of Art. 51 (w.e.f. June 4, 2018).
| Comparative Table of Article 51 of the Constitution of Pakistan, 1973 : | |||
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Constitution of Pakistan 1962 :
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20 | ||
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Constitution of Pakistan 1956 :
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44 | ||
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Constitution of India 1950:
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81&326 | ||
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Government of India Act 1935:
|
19(2)(3) |
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Leading & Latest Cases on Article 51 of the Constitution of Pakistan, 1973 :
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BEGUM SHIREEN BAHAR CHEEMA
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FEDERATION OF PAKISTAN, CABINET DIVISION AND OTHERS
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ELECTION COMMISSION OF PAKISTAN
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M.P. BHANDRA
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DR.NAILA REHMAN CHEEMA
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FEDERATION OF PAKISTAN THROUGH SECRETARY CABINET DIVISION ISLAMABAD
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PROVINCE OF PUNJAB
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IMRAN KHAN
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| P L D 2013 SC 1 |
AIR MARSHAL (RETD.) MUHAMMAD ASGHAR KHAN | GENERAL (RETD.) MIRZA ASLAM BAIG, FORMER CHIEF OF ARMY STAFF AND OTHER |
| P L D 2013 SC 120 | IMRAN KHAN AND OTHERS | ELECTION COMMISSION OF PAKISTAN AND OTHERS |
| P L D 2013 SC 188 | DR. MUHAMMAD ASLAM KHAKI AND OTHERS | S.S.P. (OPERATIONS) RAWALPINDI AND OTHERS |
The Constitution of Pakistan, 1973 Developed by Zain Sheikh 
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