Musharraf to Lift emergency
Musharraf to lift emergency and restore the Constitution.
President Musharraf on Friday amended Pakistan's constitution
15.12.2007 09:07:47 Musharraf on Friday amended Pakistan's constitution ahead of lifting emergency rule to consolidate his position and to prevent legal challenges to his action of sacking judges of the superior judiciary.
(live-PR.com) - President Pervez Musharraf on Friday amended Pakistan's constitution ahead of lifting emergency rule to consolidate his position and to prevent legal
challenges to his action of sacking judges of the superior judiciary.
Continuity to the superior courts judges who took oath under the Provisional
Constitution Order (PCO), and removed those who did not take oath under
the PCO. However, they would be entitled to pension and other
retirement benefits.The amendments were made a day before he
intends to lift emergency and restore the Constitution.
The president, in exercise of powers under the PCO, has amended Articles 41, 44, 193, 194, 208 and 270-C.Amendment to Article 193 has lowered the age of appointment of high court judges from 45 years to 40 years. This will facilitate entry of judges into high courts at younger age to remain in service for a longer period. Previously, the minimum age to
become a high court judge was 40 years, which was raised to 45 sometime back and now it is again reduced to 40 years.Article 270-C of the Constitution has been amended to provide that the judges who have not taken oath under the Oath of Office (Judges) Order 2007 shall cease to hold office with effect from November 3, 2007 and the judges who have taken oath under the said Order shall continue to hold office under the Constitution.
The amendment has been made to clear doubts about the judges who have ceased to hold office, and the revival of the Constitution will not make them eligible to regain the charge of their offices.
Those who have taken oath under Oath of Office (Judges) Order 2007 will continue to hold their Office. Another amendment relates to establishment of Islamabad High Court with its permanent seat at Islamabad. The IHC will start functioning with effect from the date to be announced by the president.
Clauses (2) and (3) of Article 41, which pertain to the office of the president, also stood amended with changes of words "subject to the Constitution", which will now be substituted as "notwithstanding anything contained in the Constitution" and the words of "to be elected after the expiration of the term specified in clause (7) shall be omitted and shall be
deemed to have been omitted with effect from August 17, 1988.
President has also promulgated the Supreme Court Judges (Pension Benefits) Order 2007 and High Court Judges (Pension Benefits) Order 2007. These orders have been issued to extend pension benefits to the judges of the Supreme and high courts who have ceased to hold office, as are available to other judges on retirement.
However, in the case of high court judges these benefits will be available to the permanent judges including the judges who had retired under the High Court Judges (Service Benefits) Order 2007.The district and session judges appointed as judges of the high court who are not entitled to pension benefits under the order, shall be entitled to such pension as would have been admissible to them on superannuation as district and sessions judges.
The President of Pakistan has promulgated the Constitution (Second Amendment) Order 2007, in exercise of his powers under the Provisional Constitution Order No 1 of 2007. Under the above mentioned Order Articles 41, 44,193,194,208 and 270C of the Constitution have been amended.
Clause (3) of Article 41 has been amended; the words, brackets and figure "to be elected after the expiration of the term specified in clause (7)" shall be omitted and shall be deemed to have been omitted with effect from the 17th day of August, 1988. Clause (2) of Article 44 has been amended, for the words "Subject to the Constitution" the words
"Notwithstanding anything contained in the Constitution" shall be substituted. Article 175 of the Constitution was amended by Constitution (Amendment) Order, 2007 (P.O.No.5 of 2007) making a provision for establishment of High Court for Islamabad Capital
Territory. Under the Constitution (Second Amendment) Order 2007 Articles 193 and 194 have been amended to the effect that in case of appointment of Judges for Islamabad High Court consultation with the Governor will not be required being no Office of Governor in Islamabad, however, consultation with the Chief Justice of the Islamabad High Court and the Chief Justice of Pakistan shall be required under the Constitution would remain intact. Chief Justice of Islamabad High Court shall take oath before the President in place of the Governor. Article 193 has been amended wherein the age of High Court Judges has been
reduced from 45 years to 40 years. This will facilitate entry at younger age and to remain in service for a longer period.
Article 270C of the Constitution has been amended to provide that the Judges who have not taken oath under the Oath of Office (Judges) Order, 2007 shall cease to hold office with effect from 3rd day November,2007 and the Judges who have taken oath under the said Order shall continue to hold office under the Constitution. The amendment has been made to clear the doubts about the Judges who have ceased to hold office, and the revival of the Constitution will not make them eligible to regain the charge of their offices. While those who have taken oath under the Oath of Office (Judges) Order, 2007 will continue holding their offices. Musharraf, who proclaimed emergency on 3rd November, has finalized the order to withdraw the measure on Saturday. "The President has promulgated some amendments in the constitution, including one which says that all those judges who did not take oath under emergency rule cease to hold their offices," said Attorney General Malik Qayyum, a close aide of Musharraf who has played a key role in drafting the order to end the emergency.
Press Information:
Enkaysagar Holdings Pvt Ltd
India
Contact Person:
Nksagar
Chairman
Phone: 9810974027
eMail: eMail
Web: http://www.Nksagar.com
President Musharraf on Friday amended Pakistan's constitution
15.12.2007 09:07:47 Musharraf on Friday amended Pakistan's constitution ahead of lifting emergency rule to consolidate his position and to prevent legal challenges to his action of sacking judges of the superior judiciary.
(live-PR.com) - President Pervez Musharraf on Friday amended Pakistan's constitution ahead of lifting emergency rule to consolidate his position and to prevent legal
challenges to his action of sacking judges of the superior judiciary.
Continuity to the superior courts judges who took oath under the Provisional
Constitution Order (PCO), and removed those who did not take oath under
the PCO. However, they would be entitled to pension and other
retirement benefits.The amendments were made a day before he
intends to lift emergency and restore the Constitution.
The president, in exercise of powers under the PCO, has amended Articles 41, 44, 193, 194, 208 and 270-C.Amendment to Article 193 has lowered the age of appointment of high court judges from 45 years to 40 years. This will facilitate entry of judges into high courts at younger age to remain in service for a longer period. Previously, the minimum age to
become a high court judge was 40 years, which was raised to 45 sometime back and now it is again reduced to 40 years.Article 270-C of the Constitution has been amended to provide that the judges who have not taken oath under the Oath of Office (Judges) Order 2007 shall cease to hold office with effect from November 3, 2007 and the judges who have taken oath under the said Order shall continue to hold office under the Constitution.
The amendment has been made to clear doubts about the judges who have ceased to hold office, and the revival of the Constitution will not make them eligible to regain the charge of their offices.
Those who have taken oath under Oath of Office (Judges) Order 2007 will continue to hold their Office. Another amendment relates to establishment of Islamabad High Court with its permanent seat at Islamabad. The IHC will start functioning with effect from the date to be announced by the president.
Clauses (2) and (3) of Article 41, which pertain to the office of the president, also stood amended with changes of words "subject to the Constitution", which will now be substituted as "notwithstanding anything contained in the Constitution" and the words of "to be elected after the expiration of the term specified in clause (7) shall be omitted and shall be
deemed to have been omitted with effect from August 17, 1988.
President has also promulgated the Supreme Court Judges (Pension Benefits) Order 2007 and High Court Judges (Pension Benefits) Order 2007. These orders have been issued to extend pension benefits to the judges of the Supreme and high courts who have ceased to hold office, as are available to other judges on retirement.
However, in the case of high court judges these benefits will be available to the permanent judges including the judges who had retired under the High Court Judges (Service Benefits) Order 2007.The district and session judges appointed as judges of the high court who are not entitled to pension benefits under the order, shall be entitled to such pension as would have been admissible to them on superannuation as district and sessions judges.
The President of Pakistan has promulgated the Constitution (Second Amendment) Order 2007, in exercise of his powers under the Provisional Constitution Order No 1 of 2007. Under the above mentioned Order Articles 41, 44,193,194,208 and 270C of the Constitution have been amended.
Clause (3) of Article 41 has been amended; the words, brackets and figure "to be elected after the expiration of the term specified in clause (7)" shall be omitted and shall be deemed to have been omitted with effect from the 17th day of August, 1988. Clause (2) of Article 44 has been amended, for the words "Subject to the Constitution" the words
"Notwithstanding anything contained in the Constitution" shall be substituted. Article 175 of the Constitution was amended by Constitution (Amendment) Order, 2007 (P.O.No.5 of 2007) making a provision for establishment of High Court for Islamabad Capital
Territory. Under the Constitution (Second Amendment) Order 2007 Articles 193 and 194 have been amended to the effect that in case of appointment of Judges for Islamabad High Court consultation with the Governor will not be required being no Office of Governor in Islamabad, however, consultation with the Chief Justice of the Islamabad High Court and the Chief Justice of Pakistan shall be required under the Constitution would remain intact. Chief Justice of Islamabad High Court shall take oath before the President in place of the Governor. Article 193 has been amended wherein the age of High Court Judges has been
reduced from 45 years to 40 years. This will facilitate entry at younger age and to remain in service for a longer period.
Article 270C of the Constitution has been amended to provide that the Judges who have not taken oath under the Oath of Office (Judges) Order, 2007 shall cease to hold office with effect from 3rd day November,2007 and the Judges who have taken oath under the said Order shall continue to hold office under the Constitution. The amendment has been made to clear the doubts about the Judges who have ceased to hold office, and the revival of the Constitution will not make them eligible to regain the charge of their offices. While those who have taken oath under the Oath of Office (Judges) Order, 2007 will continue holding their offices. Musharraf, who proclaimed emergency on 3rd November, has finalized the order to withdraw the measure on Saturday. "The President has promulgated some amendments in the constitution, including one which says that all those judges who did not take oath under emergency rule cease to hold their offices," said Attorney General Malik Qayyum, a close aide of Musharraf who has played a key role in drafting the order to end the emergency.
Press Information:
Enkaysagar Holdings Pvt Ltd
India
Contact Person:
Nksagar
Chairman
Phone: 9810974027
eMail: eMail
Web: http://www.Nksagar.com
Comments