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Constitution of Pakistan – 5: The Majlis-E-Shoora (Parliament)

Composition, Duration and Meetings of 1[Majlis-e-Shoora (Parliament)]

50. Majlis-e-Shoora (Parliament)

2 [50. There shall be a Majlis-e-Shoora (Parliament) of Pakistan consisting of the President and two Houses to be known respectively as the National Assembly and the Senate.]

51. National Assembly
51. 3[(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.
(IA) 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
The Punjab                                                                          148                   35                 183
Sind                                                                                         61                     14                  75
The Federally Administered Tribal Areas              12                                             12
The Federal Capital                                                            2                                                2
Total                                                                                      272                   60                 332

A person shall be entitled to vote if—

(a) he is a citizen of Pakistan;
(b) he is not less than 1[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

4[(2A) In addition to the number of seats referred to in clause (IA), 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.
5[(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 (IA);
(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 (IA) 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 [:]6
7[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 :
1[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;]].

Duration of National Assembly
52. The National Assembly shall, unless sooner dissolved, continue for a term of five years from the day of its first meeting and shall stand dissolved at the expiration of its term.

53. Speaker and Deputy Speaker of National Assembly

53. (1) After a general election, the National Assembly shall, at its first meeting and to the exclusion of any other business, elect from amongst its members a Speaker and a Deputy Speaker and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall elect another member as Speaker or, as the case may be, Deputy Speaker.
(2) Before entering upon office, a member elected as Speaker or Deputy Speaker shall make before the National Assembly oath in the form set out in the Third Schedule.
(3) When the office of Speaker is vacant, or the Speaker is absent or is unable to perform his functions due to any cause, the Deputy Speaker shall act as speaker, and if, at that time, the Deputy Speaker is also absent or is unable to act as Speaker due to any cause, such member as may be determined by the rules of procedure of the Assembly shall preside at the meeting of the Assembly.
(4) The Speaker or the Deputy Speaker shall not preside at a meeting of the Assembly when a resolution for his removal from office is being considered.
(5) The Speaker may, by writing under his hand addressed to the President, resign his office.
(6) The Deputy Speaker may, by writing under his hand addressed to the Speaker, resign his office.
(7) The office of Speaker or Deputy Speaker shall become vacant if—

(a) he resigns his office;
(b) he ceases to be a member of the Assembly; or
(c) he is removed from office by a resolution of the Assembly, of
which not less than seven days’ notice has been given and which is passed by the votes of the majority of the total membership of the Assembly.

(8) When the National Assembly is dissolved, the Speaker shall continue in his office till the person elected to fill the office by the next Assembly enters upon his office.

Summoning and prorogation of Majlis-e-Shoora (Parliament)
154. (1) The President may, from time to time, summon either House or both Houses or 2[Majlis-e-Shoora (Parliament)] in joint sitting to meet at such time and place as he thinks fit and may also prorogue the same.
(2) There shall be at least 3[three] sessions of the National Assembly every year, and not more than one hundred and twenty days shall intervene between the last sitting of the Assembly in one session and the date appointed for its first sitting in the
next session: Provided that the National Assembly shall meet for not less than one hundred and 4[thirty] working days in each year.
5[Explanation.– In this clause, "working days" includes any day on which there is a joint sitting and any period, not exceeding two days, for which the National Assembly is adjourned].
(3) On a requisition signed by not less than one-fourth of the total membership of the National Assembly, the Speaker shall summon the National Assembly to meet, at such time and place as he thinks fit, within fourteen days of the receipt of the requisition; and when the Speaker has summoned the Assembly only he may prorogue it.

55. Voting in Assembly and quorum
55. (1) Subject to the Constitution, all decisions of the National Assembly shall be taken by majority of the members present and voting, but the person presiding shall not vote except in the case of equality of votes.
(2) If at any time during a sitting of the National Assembly the attention of the person presiding is drawn to the fact that less than one-fourth of the total membership of the Assembly is present, he shall either adjourn the Assembly or suspend the meeting until at least one-fourth of such membership is present.

56. Address by President
56. 6[(1)] The President may address either House or both Houses assembled together and may for that purpose require the attendance of the members.

1[(2) The President may send messages to either House, whether with respect to a Bill then pending in the Majlis-e-Shoora (Parliament) or otherwise, and a House to which any message is so sent shall with all convenient despatch consider any matter required by the message to be taken into consideration. 1[(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.]
(4) Provision shall be made in the rules for regulating the procedure of a House and the conduct of its business for the allotment of time for discussion of the matters referred to in the address of the President.]

57. Right to speak in 2[Majlis-e-Shoora (Parliament)]
57. The Prime Minister, a Federal Minister, a Minister of State and the Attorney
General shall have the right to speak and otherwise take part in the proceedings of either House, or a joint sitting or any committee thereof, of which he may be named a member, but shall not by virtue of this Article be entitled to vote.

58. Dissolution of National Assembly
58. 3[(1)] The President shall dissolve the National Assembly if so advised by the Prime Minister; and the National Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the Prime Minister has so advised.
Explanation.– Reference in this Article to “Prime Minister” shall not be construed to include reference to a Prime Minister against whom a 4[notice of a resolution for a vote of no-confidence has been given] in the National Assembly but has not been voted upon or against whom such a resolution has been passed or who is continuing in office after his resignation or after the dissolution of the National Assembly
5[(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 members 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
6[(b) a situation has been 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.]
2[(3) The President in case of dissolution of the National Assembly under paragraph (b) of clause (2) shall, within fifteen days of the dissolution, refer the matter to the Supreme Court and the Supreme Court shall decide the reference within thirty days whose decision shall be final.].

59. The Senate

59. 3[(1) The Senate shall consist of one hundred members, of whom,—
(a) fourteen shall be elected by the members of each Provincial Assembly;
(b) eight shall be elected from the Federally Administered Tribal Areas. in such manner as the President may, by Order, prescribe;
(c) two on general seats, and one woman and one technocrat including aalim shall be elected from the Federal Capital in such manner as the President may, by Order, prescribe;
(d) four women shall be elected by the members of each Provincial Assembly;
(e) four technocrats including ulema shall be elected by the members of each Provincial Assembly.]
(2) Election to fill seats in the Senate allocated to each Province shall be held in accordance with the system of proportional representation by means of the single transferable vote.
5[(3) The Senate shall not be subject to dissolution but the term of its members, who shall retire as follows, shall be six years:-
6[(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;
7[(c) of the members referred to in paragraph (c) of the aforesaid
clause,—

(i) one elected on general seat shall retire after the expiration of the first three years and the other one shall retire after the expiration of the next three years; and
(ii) one elected on the seat reserved for technocrat shall retire after first three years and the one elected on the seat reserved for woman shall retire after the expiration of the next three years;]
1[(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 two shall retire after the expiration of the next three years; and
(e) of the members referred to in paragraph (e) of the aforesaid clause, two shall retire after the expiration of the first three years and two shall retire after the expiration of the next three years:]]
Provided that the term of office of a person elected  to fill a casual vacancyshall be the unexpired term of the member whose vacancy he has filled.]

Chairman and Deputy Chairman
60. (1) After the Senate has been duly constituted, it shall, at its first meeting and to the exclusion of any other business. elect from amongst its members a Chairman and a Deputy Chairman and, so often as the Office of Chairman or Deputy Chairman becomes vacant, the Senate shall elect another member as Chairman or, as the case may be, Deputy Chairman.
(2) The term of office of the Chairman or Deputy Chairman shall be’ 3[three] years from the day on which he enters upon his office.

61. Other provisions relating to Senate
61. The provisions of clauses (2) to (7) of Article 53, clauses (2) and (3) of Article 54 and Article 55 shall apply to the Senate as they apply to the National Assembly and, in their application to the Senate, shall have effect as if references therein to the National Assembly, Speaker and Deputy Speaker were references, respectively, to the Senate, Chairman and Deputy Chairman 4[and as if, in the proviso to the said clause (2) of Article 54, for the words 5[one hundred and thirty] the word “ninety” were substituted]. provisions as to Members of 6[Majlis-e-Shoora (Parliament)]

62. Qualifications for membership of Majlis-e-Shoora (Parliament)
7 [62. A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless—

(a) he is a citizen of Pakistan;
1[(b) he is, in the case of the National Assembly, not less than twenty-five years
of age and is enrolled as a voter in any electoral roll in—
(i) any part of Pakistan, for election to a general seat or a seat reserved for non-Muslims; and
(ii) any area in a Province from which he seeks membership for election to a seat reserved for women.]
(c) he is, in the case of Senate, not less than thirty years of age and is enrolled as a voter in any area in a Province or, as the case may be, the Federal Capital or the Federally Administered Tribal Areas, from where he seeks
membership;
(d) he is of good character and is not commonly known as one who violates Islamic Injunctions;
(e) he has adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam as well as abstains from major sins;
(f) he is sagacious, righteous and non-profligate and honest and ameen;
(g) he has not been convicted for a crime involving moral turpitude or for giving false evidence;
(h) he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the ideology of Pakistan : Provided that the disqualifications specified in paragraphs (d) and (e) shall not apply to a person who is a non-Muslim, but such a person shall have good moral reputation; and
(i) he possesses such other qualifications as may be prescribed by Act of Majlis-e-Shoora (Parliament).

63. Disqualifications for membership of Majlis-e-Shoora (Parliament)
63. (1) A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if—
(a) he is of unsound mind and has been so declared by a competent court; or
(b) he is an undischarged insolvent; or
(c) he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State; or
(d) he holds an office of profit in the service of Pakistan other than an office declared by law not to disqualify its holder; or

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