vustudents
08-13-2012, 08:49 PM
Q. What is the procedure of Amendment of the constitution of Islamic republic of Pakistan. (1996/A)(1997-S)(1998-A)
1. Introduction:
constitution of Pakistan rigid one because it can not be easily amended. there is is rigid and difficult procedure to amend the constitution and constitution has been made inflexible. Article 238 empowers the parliament to make amendment and 239 provides the procedure for the amendment. Parliament has not unlimited powers to make amendments in the constitution only constitution provides this right to parliament.
2. Relevant Provisions:
Art 238 and 239.
3. Institution which can make amendment in the constitution:
Majlis-e-Shoora (Parliament is empowered to amend the constitution of Islamic republic of Pakistan. A bill for amendment must be passed by two thirds of the total membership of the assembly and then senate should pass this bill by a majority of the total membership. the constitution of Islamic republic of Pakistan confers power on parliament to amend the constitution.
4. Case law:
Muhammad Bachal Memon v/s Government of Sindh P.L.D 1987 Kar. 296.
It was held that parliament is supreme authority to make any amendment in any part of the constitution. there is no provision in the constitution which puts restrains on its power in this behalf.
5. Object:
The object of introducing provisions for amendment of the constitution is to bring it in line with changing conditions and new demands and needs of times.
6. Procedure of amendment in the constitution:
(i) Where bill to amend is originated:
A bill amend the constitution may originate in either house of the parliament.
(ii) If the bill is passed by two-third majority:
In the bill has been passed by the votes of not less than two-thirds of the total membership of house it shall be transmitted to other house.
(iii) Bill in other house:
If the bill is passed with amendment by the votes of not less than two thirds of the total membership of the house than it shall be transmitted to the house in which it was originated and the bill will be passed by two thirds of its total membership.
(iv) Assent of the President:
If the bill is passed by the house it shall be presented to president for his assent.
(v) Procedure to alter the limit of Province:
A bill to amend the constitution which would have the effect of altering the limits of a province shall not be presented to the president unless it has been passed by the provincial assembly of that province by the votes of not less than two third of its total membership.
7. Limitation:
The power of parliament to amend the constitution does not extend to alter repeal or replace the constitution. any amendment to change the basic structure. framework and essential features is not permissible under the constitution.
Case Law
P.L.D 1998 SC 1263
It was held that the powers bestowed upon the parliament by the constitution does not include the power to destroy or abrogate the constitution been referred to as its basic structure or essential features.
8. Duties of the court in regard amendments:
The court can not declare any provision of the constitution to be invalid or repugnant on the grounds that it goes beyond the mandate given to the assembly or it does not fulfil the aspirations of the people. the courts are duty bounds to enforce and interept the law in accordance with the amendment.
9. Safe guard to the amendments of the constitution:
No amendment of the constitution shall be called in question in any court on any ground what soever.
10. Conclusion:
To conclude I can say that; the constitution of 1973 is not flexible. the procedure of amendment is not easy. parliament which consists of the national assembly and the senate can make amendment in the constitution by the two third majority of its total membership.
1. Introduction:
constitution of Pakistan rigid one because it can not be easily amended. there is is rigid and difficult procedure to amend the constitution and constitution has been made inflexible. Article 238 empowers the parliament to make amendment and 239 provides the procedure for the amendment. Parliament has not unlimited powers to make amendments in the constitution only constitution provides this right to parliament.
2. Relevant Provisions:
Art 238 and 239.
3. Institution which can make amendment in the constitution:
Majlis-e-Shoora (Parliament is empowered to amend the constitution of Islamic republic of Pakistan. A bill for amendment must be passed by two thirds of the total membership of the assembly and then senate should pass this bill by a majority of the total membership. the constitution of Islamic republic of Pakistan confers power on parliament to amend the constitution.
4. Case law:
Muhammad Bachal Memon v/s Government of Sindh P.L.D 1987 Kar. 296.
It was held that parliament is supreme authority to make any amendment in any part of the constitution. there is no provision in the constitution which puts restrains on its power in this behalf.
5. Object:
The object of introducing provisions for amendment of the constitution is to bring it in line with changing conditions and new demands and needs of times.
6. Procedure of amendment in the constitution:
(i) Where bill to amend is originated:
A bill amend the constitution may originate in either house of the parliament.
(ii) If the bill is passed by two-third majority:
In the bill has been passed by the votes of not less than two-thirds of the total membership of house it shall be transmitted to other house.
(iii) Bill in other house:
If the bill is passed with amendment by the votes of not less than two thirds of the total membership of the house than it shall be transmitted to the house in which it was originated and the bill will be passed by two thirds of its total membership.
(iv) Assent of the President:
If the bill is passed by the house it shall be presented to president for his assent.
(v) Procedure to alter the limit of Province:
A bill to amend the constitution which would have the effect of altering the limits of a province shall not be presented to the president unless it has been passed by the provincial assembly of that province by the votes of not less than two third of its total membership.
7. Limitation:
The power of parliament to amend the constitution does not extend to alter repeal or replace the constitution. any amendment to change the basic structure. framework and essential features is not permissible under the constitution.
Case Law
P.L.D 1998 SC 1263
It was held that the powers bestowed upon the parliament by the constitution does not include the power to destroy or abrogate the constitution been referred to as its basic structure or essential features.
8. Duties of the court in regard amendments:
The court can not declare any provision of the constitution to be invalid or repugnant on the grounds that it goes beyond the mandate given to the assembly or it does not fulfil the aspirations of the people. the courts are duty bounds to enforce and interept the law in accordance with the amendment.
9. Safe guard to the amendments of the constitution:
No amendment of the constitution shall be called in question in any court on any ground what soever.
10. Conclusion:
To conclude I can say that; the constitution of 1973 is not flexible. the procedure of amendment is not easy. parliament which consists of the national assembly and the senate can make amendment in the constitution by the two third majority of its total membership.