The Constitution of Pakistan, 1973 Developed by Zain Sheikh

CONSTITUTION (SECOND AMENDMENT) ORDER, 1985

PRESIDENT’S ORDER 20 OF 1985

[Gazette of Pakistan, Extraordinary, Part 1, 24th February, 1985]

No. F. l7(3)/85 Pub.

The following Order made by the President and Chief Martial Law Administrator is hereby published for general information :–

In pursuance of the Proclamation of the fifth day of July 1977, and in exercise of all powers enabling him in that behalf, the President is pleased to make the following Order :-

1.

Short title and commencement.-

(1) This Order may be called the Constitution (Second Amendment) Order, 1985.

(2) It shall come into force at once.

2.

Amendment of Article 89 of the Constitution.—

In the Constitution, in Article 89, in clause (2), in paragraph (a),–

(i) in sub-paragraph (i), for the words and figure “is with respect to a matter in Part I of the Federal Legislative List” the words, brackets and figures ” contains provisions dealing with all or any of the matters specified in clause (2) of Article 73″ shall be substituted: and

(ii) In sub-paragraph (ii), for the words and figure “is with respect to a matter in Part II of the Federal Legislative List or a matter in the Concurrent Legislative List” the words, brackets and figure ” does not contain provisions dealing with any of the matters referred to in sub paragraph (i)” shall be substituted.

3.

Substitution of Article 239 in the Constitution.-

In the Constitution, in Part VI, in Chapter 1, after Article 165, the following new Article shall be added, namely:–

“239. Constitution Amendment Bill—

(1) A Bill to amend the Constitution may originate in either House and, when the Bill has been passed by the votes of not less than two-thirds of the total membership of the House, it shall be transmitted to the other House.

(2) If the Bill is passed without amendment by the votes of not less than two-thirds of the total membership of the House to which it is transmitted under clause (1), it shall, subject to the provisions of clause (4), be presented to the President for assent.

(3) If the Bill is passed with amendment by the votes of not less than two-thirds of the total membership of the House to which transmitted under clause (1), it shall be reconsidered by the House in which it had originated, and if the Bill as amended by the former House is passed by the latter by the vote of not less than two-thirds of its total membership it shall, subject to the provisions of clause (4), be presented to the President for assent.

(4) A Bill to amend the Constitution which would have the effect of altering the limits of a Province shall not be presented to the President for assent unless it has been passed by the Provincial Assembly of that Province by the votes of not less than two-thirds of its total membership.

(5) No amendment of the Constitution shall be called in question in any Court on any ground whatsoever.

(6) For the removal of doubt, it is hereby declared that there is no limitation whatever on the power of the Majlis-e-Shoora (Parliament) to amend any of the provisions of the Constitution.”

4.

Amendment of Article 270-A of the Constitution.—

In the Constitution, in Article 270-A, for clause (6) the following shall be substituted, namely:—

“(6) The President’s Orders referred to in clause (1) shall not be altered, repealed or amended without the previous sanction of the President.”.