CONSTITUTION (EIGHTH AMENDMENT) ACT, 1985 An Act further to amend the Constitution of the Islamic Republic of Pakistan [Gazette of Pakistan, Extraordi

The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 9th November, 1985, and is hereby published for general information:-

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:

1. Short title and commencement.

(1)

This Act may be called the Constitution (Eighth Amendment) Act, 1985.

(2)

It shall come into force at once, except section 19 which shall come into force on the day on which the Proclamation of the fifth day of July, 1977, is revoked.

2. Amendment of Article 48 of the Constitution.

In the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution in Article 48,-

(a)

in clause (1),-

(i)

for the commas and words ",the Prime Minister, or appropriate Minister" the words "or the Prime Minister" shall be substituted; and

(ii)

for the proviso the following shall be substituted, namely :

"Provided that the President may require the Cabinet or, as the case may be, the Prime Minister to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.";

(b)

in clause (2), after the words "do so", at the end, the words " and the validity of anything done by the President in his discretion shall not be called in question on any ground whatsoever" shall be added ;

(c)

clause (3) shall be omitted ; and

(d)

clause (5), in paragraph (a), for the words "one hundred" the word "ninety" shall be substituted.

3. Amendment of Article 51 of the Constitution.

In the Constitution, in Article 51, in clause (4), for the word "second" the word "third" shall be substituted.

4. Amendment of Article 56 of the Constitution.

In the Constitution, in Article 56, for clause (3) the following shall be substituted, namely:

"(3)

At the commencement of the first session after each general election to the National Assembly and at the commencement of the first session of each year the President shall address both houses assembled together and inform the Majlis-e-Shoora (Parliament) of the causes of its summons.

5. Amendment of Article 58 of the Constitution.

In the Constitution, in Article 58,--

(a)

in clause (1), in the Explanation, for the words "resolution for a vote of no confidence has been moved" the words "notice of a resolution for a vote of no-confidence has been given" shall be substituted; and

(b)

for clause (2) the following shall be substituted, namely:

"(2)

Notwithstanding anything contained in clause (2) of Article 48, the President may also dissolve the National Assembly in his discretion where, in his opinion,

(a)

a vote of no-confidence having been passed against the Prime Minister, no other member of the National Assembly is likely to command the confidence of the majority of the member’s of the National Assembly in accordance with the provisions of the Constitution, as ascertained in a session of the National Assembly summoned for the purpose; or

(b)

a situation has arisen in which the Government of the Federation cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary.

6.

Amendment of Article 59 of the Constitution

In the Constitution, in Article 59-

(a)

in clause (1), in paragraph (c), for the word "chosen" the word "elected" shall be substituted:

(b)

in clause (3),

(i)

for paragraphs (a), (b) and (c); the following shall be substituted, namely :-

"(a)

of the members referred to in paragraph (a) of clause (1), seven shall retire after the expiration of the first three years and seven shall retire after the expiration of the next three years;

(b)

of the members referred to in paragraph (b) of the aforesaid clause, four shall retire after the expiration of the first three years and four shall retire after the expiration of the next three years;

(c)

of the members referred to in paragraph (c) of the aforesaid clause, one shall retire after the expiration of the first three years and two shall retire after the expiration of the next three years;

(d)

of the members referred to in paragraph (d) of the aforesaid clause, two shall retire after the expiration of the first three years and three shall retire after the expiration of the next three years".

(ii)

in the proviso, the words "or chosen" shall be omitted; and

(c)

clause (4} shall be omitted.

7.

Amendment of Article 60 of the Constitution.
In the Constitution, in Article 60, in clause (2), for the word "two" the word "three" shall be substituted.

8.

Amendment of Article 75 of the Constitution.

In the Constitution, in Article 75,-

(a)

in clause (1), for the word "forty-five" the word "thirty" shall be substituted; and

(b)

for clause (2) the following shall be substituted, namely ;-

"(2)

When the President has returned a Bill to the Majlis-e-Shoora (Parliament), it shall be reconsidered by the Majlis-e-Shoora (Parliament) in joint sitting and, if it is again passed, with or without amendment, by the Majlis-e-Shoora (Parliament), by the votes of the majority of the members of both Houses present and voting, it shall be deemed for the purposes of the Constitution to have been passed by both Houses and shall be presented to the President and the President shall not withhold assent therefrom."

9.

Amendment of Article 90 of the Constitution.
In the Constitution, Article 90 shall be renumbered as clause (1) of that Article and, after clause (1) renumber as aforesaid, the following new clause shall be added, namely:-

(2)

Nothing contained in clause (1) shall—

(a)

be deemed transfer to the President any functions conferred by any existing law on the Government of any Province or other. Authority; or

(b)

prevent the Majlis-e-Shoora (Parliament,) from conferring by law functions on authorities other than the President.".

10.

Amendment of Article 91 of the Constitution.
In the Constitution, in Article 91,-

(a)

after clause (2), the following new clause shall be inserted, namely:-

"(2-A)

Notwithstanding anything contained in clause (2), after the twentieth day of March, one thousand nine hundred and ninety, the President shall invite the member of the National Assembly to be the Prime Minister who commands the confidence of the majority of the members of the National Assembly, as ascertained in a session of the Assembly summoned for the purpose in accordance with provisions of the Constitution."

(b)

in clause (3), after the brackets and figure "(2)", the words, commas, brackets, figure and letter "or, as the case may be, invited under clause (2-A)" shall be inserted; and

(c)

for clause (5) the following shall be substituted, namely :-

(5)

The Prime Minister. shall hold office during the pleasure of the President, but the President shall not exercise his powers under this clause unless he is satisfied that the Prime- Minister. does not command the confidence of the majority of the members of the National Assembly, in which case he shall summon the National Assembly and require the Prime Minister to obtain a vote of confidence from the Assembly,"