1. Section 10 of the Constitution (Seventeenth Amendment) Act,
2003 (3 of 2003), validated the substitution of clause (1) of Art. 59, (w.e.f.
December 31, 2003). Item 5 of the schedule to C.E.O. No. 24 of 2002, substituted
the said clause (1) of Art. 59 in its present form, (w.e.f. August 21, 2002),
in place of the clause as substituted and amended by P.O. No. 14 of 1985.
Item 15 of the schedule to P.O. No. 14 of 1985, (w.e.f. March 2, 1985), first
increased the total number of senators, by adding a new category of senators,
namely "ulema, technocrats and other professionals" from each province
and increasing the number of senators to be elected from the Federal Capital
and FATA. Apart from adding new paragraph (d) to clause (1) of Art. 59, the
said Item 15 did not change the form of the said clause as adopted in 1973.
Clause (1) of Art. 59 as adopted in 1973 and as substituted by item 15 of the
schedule to P.O. No. 14 of 1985, (w.e.f. March 2, 1985), subject to a further
minor substitution in paragraph (c) of the said clause, by the Constitution
(Eighth Amendment) Act, 1985, read :
"(1) The Senate shall consist of a*[eighty-seven] members, of whom,--
(a) fourteen shall be elected by the members of each Provincial Assembly;
(b) b*[eight] shall be elected by the members from the Federally Administered
Tribal Areas in the National Assembly. b*[****]
(c) c*[three] shall be d*[elected] from the Federal Capital in
such manner as the President may, by Order, prescribe e*[; and]
e*[(d) five shall be elected by the member of each Provincial Assembly
to represent ulema, technocrats and other professionals.]"
Item 15 of the schedule to P.O. No. 14 of 1985 effected the following changes
in the paragraphs to clause (1) of Art. 59, as adopted in 1973, (w.e.f. March
2, 1985) :
a*. Substitution of the said words, in place of the words "sixty-three"
in the said clause.
b*. Substitution of the said word, in place of the word "five"
in paragraph (b) of the said clause and deletion of the conjunction "and"
at the end thereof.
c*. Substitution of the said word, in place of the word "two",
in paragraph (c) of the said clause.
d*. Section 6(a) of the Constitution (Eighth Amendment) Act, 1985 (18
of 1985) substituted the said word, (w.e.f. November 11, 1985), in place of
the word "chosen" as adopted in 1973.
e*. Item 15 of the schedule to P.O. No. 14 of 1985, also inserted the semicolon
and the conjunction "and" at the end of paragraph (c) of clause (1)
of Art. 59 and thereafter added new paragraph (d) thereto. (w.e.f. March 2,
1985).
2. Section 10 of the Constitution (Seventeenth Amendment) Act,
2003 (3 of 2003), also validated the omission of the words, in sub clause (b)
of clause (1) of Art. 59, (w.e.f. December 31, 2003). Art. 2 of the Legal Framework
(Second Amendment) Order, 2002, C.E.O. No. 32 of 2002, omitted the words"
by direct and free vote" appearing after the word "elected" in
sub clause (b) of clause (1) of Art. 59, (w.e.f. October 26, 2002) and the said
words shall be deemed to have always been so omitted.
3. Section 6(b) of the Constitution (Eighth Amendment) Act, 1985
(18 of 1985), substituted paragraphs (a), (b) and (c) of clause (3) of Art.
59 and added paragraph (d) thereto (w.e.f. November 11, 1985), in place of paragraphs
(a), (b) and (c) as inserted in the said clause by item 15 of the schedule to
P.O. No. 14 of 1985, (w.e.f. March 2, 1985). Clause (3) of Art. 59 as first
substituted by P.O. No. 14 of 1985, read :
"(3) The Senate shall not be subject to dissolution but the term of its
members, who shall retire as follows, shall be six years:-
(a) of the members referred to in paragraphs (a) and (d) of clause (1), six
shall retire after the expiration of the first two years, six shall retire after
the expiration of the next two years and seven shall retire after the expiration
of the next two years;
(b) of the members referred to in paragraph (b), two shall retire after the
expiration of the first two years and three shall retire after the expiration
of every two years thereafter; and
(c) of the members referred to in paragraph (c), one shall retire after the
expiration of every two years;
Provided that the term of office of a person elected or chosen to fill a casual
vacancy shall be the unexpired term of the member whose vacancy he has filled."
Clause (3) of Art. 59 as adopted in 1973, read :
"(3) The Senate shall not be subject to dissolution but the term of office
of its members shall be four years, half of them retiring every two years, except
in the case of the members elected by the members from the Federally Administered
Tribal Areas, of whom three shall retire after the expiration of the first two
years and two shall retire after the expiration of the next two years;
Provided that the term of office of a person elected or chosen to fill a casual
vacancy shall be the unexpired term of the member whose vacancy he has filled."
4. Section 10 of the Constitution (Seventeenth Amendment) Act,
2003 (3 of 2003), also validated the substitution of paragraphs (c) and (d)
of clause (3) of Art. 59 and addition of paragraph (e) thereto, (w.e.f. December
31, 2003). Item 5 of the schedule to C.E.O. no. 24 of 2002, substituted the
said paragraphs (c) and (d) of clause (3) of Art. 59, in their present form
and added the said paragraph (e) thereto, (w.e.f. August 21, 2002), in place
of the paragraphs (c) and (d) as substituted by section 6(b) of the Constitution
(Eighth Amendment) Act, 1985 (18 of 1985), (w.e.f. November 11, 1985). Paragraphs
(c) and (d) of clause (3) of Art. 59 substituted in 1985, read :
"(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; and
(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:"
5. Section 6(b)(ii) of the Constitution (Eighth Amendment) Act, 1985 (18 of
1985), omitted the words "or chosen" from the proviso to clause 3
of Art. 59. (w.e.f. November 11, 1985).
6. Section 6(c) of the Constitution (Eighth Amendment) Act, 1985 (18 of 1985),
omitted clause (4) of Art. 59., (w.e.f. November 11, 1985). The said clause
was added by item 15 of the schedule to P.O. 14 of 1985. The deleted clause,
read :
"(4) A casual vacancy in the office of a member referred to in paragraph
(d) of clause (1) shall be filled for the remainder of the term of such member
by the members of the Provincial Assembly by whom such member had been elected
electing another person under the said paragraph".