Preface to the First Edition
first edition of this book has been published at a time when Pakistan
is again in the throes of constitutional experimentation and elections
are around the corner. In this book an attempt has been made to
accurately incorporate all the amendments made in the Constitution
of Pakistan, since 1973 to the present time. This one volume work
also contains the essential electoral laws that a practicing lawyer
would need in order to represent his client before the election
tribunals and the superior courts in Pakistan.
Legal Framework Order, 2002, has wrought fundamental changes in
the 'Basic Law' of Pakistan and expressly provides that the validity
of the amendments made in the Constitution and the Orders passed
thereunder shall not be called in question in any Court on any ground
whatsoever. Human ingenuity, being what it is, I do not doubt that,
sooner or later public spirited individuals in Pakistan, 'invok(ing)
the genius of the Constitution,' as did William Pitt, Earl of Chatham,
in 1777, will succeed in challenging the ouster clause in the said
the amendments to the Constitution, since 1973, have been reproduced
within brackets in bold print, in the text of the Constitution itself.
Each footnote is self contained in that a detailed reference to
the particular amendatory statute and to the Article of the Constitution
amended is provided. Where necessary, for ease of reference, the
history of changes in the particular Article has been chronicled.
First, the penultimate form of the Article has been reproduced.
Thereafter the Article, as adopted in 1973, is provided, followed
by the Article, as amended from time to time, in chronological order.
The provisions of the Constitution that have been omitted and/or
deleted by substitution have been reproduced in italics in the footnotes.
distinctive feature of this work is the inclusion of comparative
tables of the Articles of the Constitution of Pakistan of 1973,
its repealed Constitutions of 1962 and 1956, the Constitution of
India of 1950 and that of the Government of India Act, 1935.
I am deeply appreciative of all the support and encouragement of
my wife, Dilara Sheikh, and her untiring effort in the preparation
of the first draft of this work.
am also grateful to Mr. Naeemuddin Siddiqui, Director Library and
Research at the High Court of Sindh, for all his assistance in providing
me with the copies of the latest gazettes and relevant amendments
to the law and his valuable suggestions on the subject-matter of
the book. Invaluable services were provided by Mr. Salahuddin Sheikh,
Superintendent, Government of Sindh, Law Department, in proof reading
the manuscript. His dedication to detail and accuracy is truly commendable
and noteworthy. I wish him luck in his future endeavour.
would also like to record my appreciation for the yeoman's services
provided by my Assistant Mr. Azhar Shahzad, who single handedly
finalized the manuscript and ably assisted me in the research and
preparation of the footnotes for the latest amendments to the Constitution.
am also thankful to Mr. Nasir Khan, Advocate, for thoroughly checking
the comparative tables of the Constitutions of Pakistan and India
prepared by me. Indeed the secretarial staff of my law firm extended
unstinted support and cooperation to me in the preparation of the
I would like to thank my publisher, Mr. Kamran Noorani, for all
the encouragement and support during the preparation of the manuscript.
September, 2002 ZAIN