following Act of Parliament received the assent of the President
on the 16th May, 1977, and is hereby published for general
Whereas it is expedient further to amend the Constitution
of the Islamic Republic of Pakistan for the purposes hereinafter
It is hereby enacted as follows:---
1. Short title, commencement and duration.---(1) This Act
may be called the Constitution (Seventh Amendment) Act, 1977.
(2) It shall come into force at once and section 4 shall be
deemed to have taken effect on the twenty-first day of April,
(3) Section 2 shall cease to be in force on the thirteenth
day of September, 1977.
2. Insertion of new Article 96-A, in the Constitution.---In
the Constitution of the Islamic Republic of Pakistan, hereinafter
referred to as the Constitution, after Article 96, the following
new Article shall be inserted, namely:---
Referendum as to confidence in Prime Minister.---(1) If at
any time the Prime Minister considers it necessary to obtain
a vote of confidence of the people of Pakistan through a referendum,
he may advise the President to cause the matter to be referred
to a referendum in accordance with law made by Parliament.
(2) The law referred to in clause (1) shall provide for the
constitution of a Referendum Commission and the manner and
mode of holding a referendum.
(3) On receipt of the advice of the Prime Minister under clause
(1), the President shall call upon the Referendum Commission
to conduct a referendum amongst the persons whose names appear
on the electoral rolls for the immediately preceding general
elections to the National Assembly as revised upto date.
(4) Any dispute arising in connection with the counting of
votes at a referendum shall be finally determined by the Referendum
Commission or a member thereof authorized by it and, save
as aforesaid, no dispute arising in connection with a referendum
or the result thereof shall be raised or permitted to be raised
before any Court or other authority whatsoever.
(5) If, on the final count of the votes cast at the referendum,
the Prime Minister fails to secure majority of the total votes
cast in the matter of the confidence of the people of Pakistan,
he shall be deemed to have tendered his resignation within
the meaning of Article 94.".
3. Amendment of Article 101 of the Constitution.---In the
Constitution, in Article 101, in clause (2-A), for the words,
brackets, letter and figures "an Order under paragraph
(c) of clause (2) of Article 232 or a Proclamation under"
the words and figure "a Proclamation under Article 232
or" shall be substituted.
Amendment of Article 245 of the Constitution.---In the Constitution,
in Article 245 shall be renumbered as clause (1) of that Article
and, after clause (1) renumbered as aforesaid, the following
new clauses shall be added, namely:---
The validity of any direction issued by the Federal Government
under clause (1) shall not be called in question in any Court.
(3) A High Court shall not exercise any jurisdiction under
Article 199 in relation to any area in which the Armed Forces
of Pakistan are, for the time being, acting in aid of civil
power in pursuance of Article 245:
Provided that this clause shall not be deemed to affect the
jurisdiction of the High Court in respect of any proceeding
pending immediately before the day on which the Armed Forces
start acting in aid of civil power.
(4) Any proceeding in relation to an area referred to in clause
(3) instituted on or after the day the Armed Forces start
acting in aid of civil power and pending in any High Court
shall remain suspended for the period during which the Armed
Forces are so acting.".