LEGAL FRAMEWORK ORDER, 1970
WHEREAS in his first address to the nation on the
26th March, 1969, the President and Chief Martial Law Administrator pledged
himself to strive to restore democratic institutions in the country;
And whereas in his address to the nation on
And whereas he has since decided that polling fob
elections to the Provincial Assemblies shall commence not latter than
And whereas provision has already been made by the
Electoral Rolls Order, 1969, for the preparation of electoral rolls for the
purpose of election of representatives of the people on the basis of adult
franchise;
And whereas it is necessary to provide for the
constitution of a National Assembly of Pakistan for the purpose of making
provision as to the Constitution of Pakistan in accordance with this Order and
a Provincial Assembly for each Province;
Now, therefore, in pursuance of the proclamation of
the 25th day of March, 1969, and in exercise of all powers enabling him in that
behalf, the President and Chief Martial Law Administrator is pleased to make
the following Order:
Short title and commencement
1. (a) This Order may be called the Legal Framework
Order, 1970.
(b) It
shall come into force on such date as the President may, by notification in the
official Gazette, appoint in this behalf.
Order to override other laws
2. This Order shall have effect notwithstanding
anything to the contrary contained in the Provisional Constitution Order, the
Constitution of 1962 of the Islamic Republic of Pakistan or any other law for
the time being in force.
Definitions
3. (a) In this Order, unless there is anything repugnant
in the subject or context :
(i) "Assembly" means the National Assembly
of Pakistan or a
Provincial Assembly for a Province provided for in this Order;
(ii) " Commission " means the Election
Commission constituted under Article 8 ;
(iii) " Commissioner " means the Chief
Election Commissioner appointed or deemed to be appointed under the Electoral
Rolls Order, 1969 (P.0. No. 6 of 1969);
(iv) " Electoral roll " means the
electoral roll prepared under the Electoral Rolls Order, 1969 (P.O. No. 6 of 1969);
(v) " Member " means member of an
Assembly;
(vi) " Speaker " means the Speaker of the
National Assembly; and
(vii) " Centrally Administered Tribal Areas
" has the same meaning as in the
(b) In relation to the territories included at the
commencement of this Order in the
Composition of the National
Assembly
4. (a) There shall be a National Assembly of
Pakistan consisting of three hundred and thirteen members of whom three hundred
shall be elected to fill general seats and thirteen to fill seats reserved for
women.
(b) In
conformity with the population figures appearing in the Census of 1961, the
number of seats in the National Assembly shall be distributed amongst the
Provinces and the centrally administered tribal areas, as set out in Schedule
I.
(c) Clause
(1) shall not be construed as preventing a woman from being elected to a
general seat.
Composition of the
Provincial Assemblies
5. (a) There shall be a Provincial Assembly for each
Province consisting of the number of members elected to fill general seats and
to fill seats reserved for women, as set out in Schedule 11 in relation to such
Province.
(b) Clause
(1) shall not be construed as preventing a woman from being
elected to a general seat.
Principle of election
6. (1) Except as provided in clause (2), the members
shall be elected to the general seats from territorial constituencies by direct
election on the basis of adult franchise in accordance with law.
(2) The
President may, by regulation, make separate provision for election of members
from the centrally administered tribal areas.
(3) As
soon as practicable after the general election of members of the National
Assembly, the members from a Province for the seats reserved for "omen
in that Assembly shall be elected by persons elected
to the general seats from that Province in accordance with law.
(4) The
members for the seats reserved for women in a Provincial Assembly shall be
elected by persons elected to the general seats in that Assembly in accordance
with law.
Casual vacancy
7. Where a seat in the National Assembly has become
vacant, an election to fill the vacancy shall be held within three weeks from
the occurrence of the vacancy.
Election Commission for
conduct of elections
8. For the purposes of election of the members of an
Assembly and matters connected therewith, the President shall constitute an
Election Commission consisting of the following members, namely:
(a) the Commissioner, who shall be the Chairman of
the Commission; and
(b) two other members, each being a person who is
permanent Judge of a High Court.
Qualifications and
disqualifications for being a member
9. (a) A person shall, subject to the provisions of
Clause (2), be qualified to be elected as, and to be, a member if:
(a) He is
a citizen of
(b) He has
attained the age of twenty-five years; and
(c) His
name appears on the electoral roll for any constituency in the Province or
centrally administered tribal areas from which he seeks election.
(b) A person shall be disqualified from being
elected as, and from being, a member if:
(a) He is
of unsound mind and stands so declared by a competent court; or
(b) He is
an undischarged insolvent, unless a period of ten years has elapsed since his
being adjudged as insolvent; or
(c) He has
been, on conviction for any offence, sentenced to transportation for any term
or to imprisonment for a term of not less than two years, unless a period of five
years, or such less period as the President may allow in any particular case,
has elapsed since his release; or
(d) He has
been a member of the President's Council of Ministers at any time following lst
August, 1969, unless a period of two years or such less period as the President
may allow in any particular case, has elapsed since he ceased to be a Minister;
or
(e) He
holds any office in the service of Pakistan other than an office which is not a
whole time office remunerated either by salary or by fee; or
(f) He has
been dismissed for misconduct from the service of Pakistan unless a period of
five years, or such less period as the President may allow in any particular
case, has elapsed since his dismissal; or
(g) Such
person is the spouse of a person in the service of
(h) He,
whether by himself or by any person or body of persons in trust for him or for
his benefit or on his account or as a member of a Hindu undivided family, has
any share or interest in a contract, not being a contract between a
co-operative society and Government, for the supply of goods to, or for the
execution of any contract or the performance of any services undertaken by,
Government:
Provided that the disqualification under sub-clause
(Ir) shall not apply to a person
(i)
Where the share or interest in the contract devolves on him by inheritance or
succession or as a legatee, executor or administrator, until the expiration of
six months after it has so devolved on him or such longer period as the
President may, in any particular case, allow; or
(ii)
Where the contract has been entered into by or on behalf of a public company as
defined in the Companies Act, 1913 (VII of 1913), of which he is a share-holder
but is neither a director holding an office of profit under the company nor a
managing agent; or
(iii)
Where he is a member of a Hindu undivided family and the contract has been
entered into by any other member of that family in the course of carrying on a
separate business in which he has no share or interest.
(3) For the avoidance of doubt, it is hereby
declared that a Judge of the Supreme Court or a High Court, the Comptroller and
Auditor General of
(4) If any question arises whether a member has,
after his election, become subject to any disqualification, the Commissioner
shall place the question before the Election Commission and, if the opinion of
the Commission be that the member has become so subject, his seat shall become
vacant.
Bar against Candidature
10. (1) No person shall at the same time be member
of more than one Assembly or a member of the same Assembly for more than one
constituency.
(2)
Nothing in clause (1) shall prevent a person from being at the same time a
candidate for election from two or more constituencies, but if a person has
been elected as a member for two or more constituencies and does not, within
fifteen days of the notification of his election by the constituency by which
has been elected last, make a declaration in writing under his hand addressed
to the Commissioner specifying the constituency which he wishes to represent,
all his seats shall become vacant, but so long as he is a member for two or
more constituencies he shall not sit or vote in an Assembly.
Resignation, etc.
11. (1) A member may resign his seat by notice in
writing under his hand addressed to the Speaker.
(2) If a
member is absent from the Assembly without leave of the Speaker for fifteen
consecutive sitting days, his seat shall become vacant.
(3) If a
member fails to take and subscribe an oath in accordance with Article 12 within
a period of seven days from the date of the first meeting of the Assembly after
his election, his seat shall become vacant:
Provided that the Speaker or, if the Speaker has not
been elected, the Commissioner, may, before the expiration of the said period,
for good cause shown, extend the period.
Oath of Members of Assembly
12. A person elected as a Member of an Assembly
shall, before entering upon the office, take and subscribe, before a person
presiding at a meeting of the Assembly, an oath or affirmation in the following
form, namely:
"I……. do
solemnly swear (or affirm) that I will bear true faith and allegiance to
Pakistan and that I will discharge the duties upon which I am about to enter
honestly, to the best of my ability, faithfully in accordance with the
provisions of the Legal Framework Order, 1970, the law and rules of the
Assembly set out in that Order, and always in the interest of the solidarity,
integrity, wellbeing and prosperity of Pakistan."
Date of polling
13. Polling for election to the National Assembly
shall commence on
Summoning of National
Assembly, etc.
14. (1) After the close of the general election of
members of the National AssemNy, the President shall, for the purpose of
framing a Constitution for Pakistan, summon the National Assembly to meet on
such day and at such time and place as he may think fit; and the National
Assembly so summoned shall stand constituted on the day of its first meeting:
Provided that nothing in this clause shall be
construed as preventing the President from summoning the National Assembly on
the ground that all the seats of the members have not been filled.
(2) After meeting as convened under clause (1), the
National Assembly shall meet at such times and places as the Speaker may
decide.
(3) The National Assembly shall, subject to
reasonable adjournments, meet from day to day to transact its business.
Right of address, etc. of
President
15. The President may address the National Assembly
and send a message or messages to the Assembly.
Speaker and Deputy Speaker
16. (1) The National Assembly shall, as soon as may
be, elect two of its members to be recpectively the Speaker and Deputy Speaker
and shall, so often as the office of Speaker or Deputy Speaker becomes vacant,
elect another member to be the Speaker. or, as the case may be. Deputy Speaker.
(2)
Until the Speaker and Deputy Speaker are elected, the Commissioner shall preside
at the meetings of the National Assembly and perform the functions of Speaker.
(3)
Where the office of the Speaker is vacant, the Deputy Speaker, or, if the
office of the Deputy Speaker is also vacant, the Commissioner, shall perform
the functions of Speaker.
(4)
During the absence of the Speaker from any meeting of the National Assembly,
the Deputy Speaker or, if the Deputy Speaker is also absent, such member as may
be determined by the rules of procedure of the Assembly, shall perform the functions
of Speaker.
(5) A
member holding office as Speaker or Deputy Speaker shall cease to hold that
office
(a) If he ceases to be a
member of the National Assembly;
(b) If he resigns his office
by writing under his hand addressed to the President; or .
(c) If a resolution
expressing want of confidence in him is moved in the Assembly after not less
than fourteen days' notice of the intention to move it and passed by the votes
of not less than two-thirds of the total number of members of the National
Assembly.
Quorum and Rules of
Procedure
17. (a) If, at any time during a meeting of the
National Assembly, the attention of the person presiding at the meeting is
drawn to the fact that the number of persons present is less than one hundred,
the person pesiding shall either suspend the meeting until the number of
members present is not less than one hundred or adjourn the meeting.
(b) The
procedure of the National Assembly shall be regulated by the rules of procedure
set out in Schedule III; in particular the National Assembly shall decide how a
decision relating to the Censtitution Bill is to be taken.
(c) The
National Assembly may act notwithstanding any vacancy in the seat of a member
and no proceedings in the Assembly shall be invalid by reason that some members
whose election is subsequently held to have been void, or who, after election,
had incurred a disqualification for membership voted or otherwise took part in
the proceedings.
Privilleges, etc. of the
National Assembly
18. (a) The validity of any proceedings in the
National Assembly shall not be called in question in any court.
(b) A
member or a person entitled to speak in the National Assembly shall not be
liable to any proceedings in any court in respect of anything said or any vote
given by him in the Assembly or in any Committee thereof.
(c) The
exercise by an officer of the National Assembly of the powers vested in him for
the regulation of procedure, the conduct of business or the maintenance of order
in or in relation to any proceeding in the Assembly, shall not be subject to
the jurisdiction of any court.
(d) A
person shall not be liable to any proceedings in any court in respect of the
publication by, or under the authority of the National Assembly of any report,
paper, vote or proceedings.
(e) No
process issued by a court or other authority shall, except with the leave of
the Speaker, be served or executed within the precincts of the place where a
meeting of the National Assembly or of any Committee thereof is being
held.
Allowances and privileges of
Members
19. The Speaker, the Deputy Speaker and the other
Members shall be entitled to such allowances and privileges as the President
may, by order, prescribe.
Fundamental principles of
the Constitution
20. The Constitution shall be so framed as to embody
the following fundamental principles:
(a) Pakistan shall be a Federal Republic to be known
as the Islamic Republic of Pakistan in which the Provinces and other
territories which are now and may hereinafter be included in Pakistan shall be
so united in a Federation that the independence, the territorial integrity and
the national solidarity of Pakistan are ensured and that the unit of the
Federation is not in any manner impaired.
(b) (i)
Islamic ideology which is the basis for the creation of
(ii) the Head of the State
shall be a Muslim.
(c) (i)
Adherence to fundamental principles of democracy shall be ensured by providing
direct and free periodical elections to the Federal and the Provincial
Legislatures on the basis of population and adult franchise;
(ii) the fundamental rights of the citizens shall be
laid down and guaranteed;
(iii) the independence of the judiciary in the
matter of dispensation of justice and enforcement of the fundamental rights
shall be secured.
(d) All powers including legislative, administrative
and financial, shall be so distributed between the Federal Government and the
Provinces that the Provinces shall have maximum autonomy, that is to say
maximum legislative, administrative and financial powers, but the Federal
Government shall also have adequate powers including legislative,
administrative and financial powers to discharge its responsibilities in
relation to external and internal affairs and to preserve the independence and
territorial integrity of the Country.
(e) It shall be ensured that
(i) The people of all areas
in
(ii) within a specified
period, economic and all other disparities between the Provinces and between
different areas in a Province are removed by the adoption of statutory and
other measures.
Preamble of the Constitution
21. The Constitution shall contain, in its preamble,
an affirmation that
(a) The Muslims of Pakistan
shall be enabled, individually and collectively, to order their lives in
accordance with the teachings of Islam as set out in the Holy Quran and Sunnah:
and
(b) the minorities shall be
enabled to profess and practise their religions freely and to enjoy all rights.
privileges and protection due to them as citizens of
Directive Principles
22. The Constitution shall set out directive
principles of State policy by which the State shall be guided in the matter of
(a) Promoting Islamic way of
life:
(b) Observance of Islamic
moral standards;
(c) Providing facilities for
the teaching of Holy Quran and Islamiat to the Muslims of Pakistan; and
(d) Enjoining that no law
repugnant to the teachings and requirements of Islam, as set out in the Holy
Quran and Sunnah, is made.
National and Provincial Assemblies to be the first
Legislatures
23. The Constitution shallprovide that –
(a) The National Assembly, constituted under this
Order, shall:
(i) be the first Legislature
of Federation for the full term if the Legislature of the Federation consists
of one House, and
(ii) be the first Lower
House of the Legislature of the Federation for the full
term
if the Legislature of the Federation consists of two Houses.
(b) The Provincial Assemblies elected in accordance
with this Order shall be the First Legislatures of the respective Provinces for
the full term.
Time for framing the
Constitution
24. The National Assembly shall frame the
Constitution in the form of a Bill to be called the Constitution Bill within a
period of one hundred and twenty days from the date of its first meeting, and
on its failure to do so shall stand dissolved.
Authentication of Constitution
25. The Constitution Bill, as passed by the National
Assembly, shall be presented to the President for authentication. The National
Assembly shall stand dissolved in the event that authentication is refused.
Purpose for which Assembly
may meet
26. (a) Save as provided in this Order for the
purpose of framing a Constitution for
(b) A
Provincial Assembly shall not be summoned to meet until after the Constitution
Bill passed by the National Assembly has been authenticated by the President,
and has come into force.
Interpretation and Amendment
of Order, etc.
27. (a) Any question or doubt as to the
interpretation of any provision of this Order shall be resolved by a decision
of the President, and such decision shall be final and not liable to be
questioned in any Court.
(b) The
President, and not the National Assembly, shall have the power to make any
amendment in this Order.
SCHEDULE I-Art. 4 (2)
National Assembly of
General Women
The
The
Centrally Administered Tribal Areas 7 …
----------------------------------
Total 300 13
SCHEDULE II - Art. 5 (1)
Provincial Assemblies
General Women
The
The
SCHEDULE III - Art. 17 (2)
RULES OF PROCEDURE
Short Title
1. These rules may be called the National Assembly Rules
of Procedure, 1970.
Definitions
2. In these rules unless there is anything repugnant
in the subject or context
(a) "Assembly" means the National
Assembly of Pakistan; (b) "Bill' means a Bill seeking to frame a
Constitution for
(c) "Commissioner" means the Chief
Election Commissioner appointed or deemed to be appointed under the Electoral
Rolls Order, 1969 (P.O. No. 6 of 1969);
(d) "Committee" means a Committee,
including a Select Committee, appointed by the Assembly;
(e) "Member in charge", in relation to
a)Iill, means the Member by whom the Bill has been introduced, and includes any
other Member permitted by the Speaker to do in relation to the Bill anything
which the Member in charge can do;
(f) "Secretary" means the Secretary of the Assembly;
(g) "Speaker" means the Speaker of the Assembly.
Function of the Assembly
3. (a) The function of the Assembly shall be to
frame a Constitution for
(b) The
Constitution shall be drawn up and passed by the Assembly in the form of a
Bill.
Election of Speaker and
Deputy Speaker
4. (a)
At the first meeting of the Assembly, the Commissioner shall, after the Members
have taken the oath, call upon the Members to elect a Speaker and a Deputy
Speaker.
(b) Any Member may propose
another Member with his consent for election as Speaker or as Deputy Speaker by
communicating to the Secretary in writing the name of Member he proposes.
(c) No Member shall propose
more than one Member for election as Speaker or as Deputy Speaker.
(d) The Secretary shall read
out separately the names of the Members nominated for election as Speaker and
as Deputy Speaker.
(e) Immediately after the
names have been read out by the Secretary, any Member who has been nominated
for election may withdraw his candidature.
(f) Where, after
withdrawals, if any, only one person is left as the candidate for election as
Speaker or as Deputy Speaker, the Commissioner shall declare such candidate to
have been elected as Speaker or, as the case may be, Deputy Speaker.
(g) Where there are more
candidates than one for election as Speaker or as Deputy Speaker, the Secretary
shall read out to the Assembly the names of such candidates, and the Assembly
shall then proceed to elect the Speaker and Deputy Speaker by secret ballot
which shall be held in such manner as the Commissioner may direct.
(h) Where there is equality
of votes between two or more candidates and the addition of one vote for one
such candidate would entitle him to be declared elected, the Commissioner shall
forthwith draw a lot in respect of such candidates and the candidate on whom
the lot falls shall be declared to have been elected as Speaker or, as the case
may be, Deputy Speaker.
Speaker to preside over
deliberations
5. (a)
Deliberations of the National Assembly shall be presided over by the Speaker
and, in his absence, by the Deputy Speaker and, in the absence of both the
Speaker and the Deputy Speaker, by the person whose name is highest on the
panel of Chairmen from amongst those present at the sitting.
(b) If at any time at a
sitting of the Assembly neither the Speaker nor the Deputy Speaker nor any
person on the Panel of Chairmen is present, the Secretary shall inform the
Assembly of the fact and the Assembly shall, by a motion, elect one of its
members present to preside.
Powers of the Speaker
6. (a)
The Speaker may, subject to the provisions of this Order, adjourn a meeting of
the Assembly and call a meeting of the Assembly after adjournment.
(b) The Speaker Shall:
(i) call a meeeting of the
Assembly to order,
(ii) preserve order and decorum and, in the case of disturbance or disorder in the galleries, may cause them to be cleared;
and
(iii) decide all points of
order,
(c) The Speaker shall have all powers necessary for
the purposes of enforcing his decisions.
Panel of Chairmen
7. The Speaker shall nominate from amongst Members
of the Assembly a panel of not more than four Chairmen and arrange their names
in an order of precedence.
Power of the person
presiding
8. The person presiding over a meeting of the
Assembly shall have the same powers as the Speaker while presiding over such
meeting; and all references in these rules to the Speaker as presiding officer
shall be deemed to include a reference to such person.
Conduct of business in the
Assembly
9. The business of the Assembly shall be brought
before it by means of:-
(a) A motion;
(b) Amendment to a motion or
an amendment to an amendment; and
(c) Report of a Committee.
Time for meetings
10. The meeting of the Assembly shall commence at
Arrangement of business
11. (a)
A list of business for the day shall be prepared by the Secretary and, after it
has been approved by the Speaker, a copy thereof shall be supplied for the use
of every Member before the commencement of the business of the day. The list
thus prepared shall be called the "Orders of the Day".
(b) Save as otherwise
provided in these rules, no business, not included in the Orders of the Day,
shall be transacted on any day at any meeting without the leave of the Speaker.
(c) All business appointed
for any day and not disposed of on that day shall stand over until the next
working day, unless the Speaker otherwise directs.
Notice of motion
12. (a) Unless otherwise directed by the Speaker,
notice of every motion, accompanied by a copy of the motion, shall be given
not later than the day preceding the day on which the motion is to be moved.
(b)
Every motion required by these rules shall be in writing addressed to the
Secretary and signed by the Member giving notice and shall be left at the
Notice Office of the Assembly.
(c)
Notice left at the Notice Office when it is closed shall be treated as given on
the next open day.