Advertisement

Help
You are here: Rediff Home » India » News » Report
Search:  Rediff.com The Web
Advertisement
  Discuss this Article   |      Email this Article   |      Print this Article

What the new Pak constitutional order says
Related Articles
Musharraf: The growing siege mentality
Emergency in Pak? Conditions ripe
Emergency won't help Musharraf: analysts
Rice may have prevented Pak emergency
Lal Masjid + judicial crisis = emergency
Get news updates:What's this?
Advertisement
November 04, 2007 00:22 IST

The provisional Constitution order issued after the proclamation of the emergency in Pakistan on Saturday states:

'Pakistan shall subject to this order and any other order made by the President be governed, as nearly as may be, in accordance with the constitution; provided that the president may, from time to time, by order amend the constitution as is deemed expedient; provided further that the fundamental rights under article 9, 10, 15, 16, 17, 19 and 25 shall remain suspended.

Notwithstanding anything contained in the proclamation of the today's order or any other law for the time being in force, all provisions of the constitution embodying Islamic injunctions shall continue to be in force.

Subject to clause (1) above and the oath of office (judges) order 2007, all courts in existence immediately before the commencement of this order shall continue to function and to exercise their respective powers and jurisdiction; provided that the Supreme Court or a high court and any other court shall not have the power to make any order against the president or the prime minister or any person exercising powers or jurisdiction under their authority.

All persons who immediately before the commencement of this order were in office as judges of the Supreme Court, the federal Shariat Court or a high court shall be governed by and be subject to the oath of office and such further orders as the president may pass. Subject to clause (1) above, Parliament and the provincial assemblies shall continue to function.

All persons who immediately before the commencement of this order were holding any service, post or office in connection with the affairs of the federation or of a province shall continue in the said service on the same terms and conditions and shall enjoy the same privileges.

No court including the Supreme Court, federal Shariat court and the high courts and any tribunal or other authority shall call or permit to be called in question this order or any order made in pursuance thereof. No judgment, decree, writ, order or process whatsoever shall me made or issued by any court or tribunal against the president or the prime minister or any authority designated by the president.

Notwithstanding the abeyance of the provisions of the constitution but subject to the orders of the President, all laws other than the Constitution, all ordinances, orders, rules, by laws, regulations, notifications or other legal instruments in force in any part of Pakistan, whether made by the president or by the governor of a province shall continue in force until altered, amended or repealed by the president or any authority designated by him.

An ordinance promulgated by the president or by the governor of a province shall not be subject to any limitations as to duration prescribed in the Constitution. The provisions of clause (1) shall also apply to an ordinance issued by the president or by a governor which was in force immediately before the commencement of the proclamation of the emergency order.'



 Email this Article      Print this Article

© 2007 Rediff.com India Limited. All Rights Reserved. Disclaimer | Feedback