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The Constitution: Volume 3

Part 10: The Governor
Chapter 1: Appointment, Relief and Vacancy
Article 193
A person eligible for election as a Governor needs to be
  1. a citizen of this Nation

  2. a resident of the Province

  3. at least 25 years of age

  4. qualified to be a member of the House of the People

Article 194

  1. A person will not be eligible for election as a Governor if an affidavit towards resigning any office of profit held before entering office as Governor is not filed before the Election Commission or any subordinate subject to the control of the Election Commission according to the form set out for the purpose in the Second Schedule.

  2. A person need not file an affidavit described in clause 1 and is considered to have vacated previous office on the date of entering office as Governor if the office held was of

    1. the President of the Nation

    2. the Vice President of the Nation

    3. the Governor of any of the other Provinces

    4. a Minister of the Nation

    5. a Minister of any of the Provinces

Article 195

  1. The Governor of a Province will be elected by an electoral college consisting of

    1. the elected members of the Provincial Legislative Assembly

    2. the elected members of the all the District Councils of the Province

  2. The election of the Governor will be held in accordance with the system of proportional representation by means of the single transferable vote and voting at such an election will not involve the use of secret ballot.

  3. As far as practicable, there will be uniformity in the scale of representation of the different districts in the election of the Governor.

  4. For the purpose of securing uniformity between electors from the District Councils and the Provincial Legislative Assembly, number of votes each elector represents will be determined in the following manner:

    1. Each elector from the District Council will have as many votes as the population of the Distict divided by the number of elected members of the Ditrict Council and in case of a remainder more than half is obtained, each elector from the District Council will get one more vote.

    2. Each elector from the Provincial Legislative Assembly will represent the number of votes obtained by dividing the total of the number of votes represented by all electors of the District Councils in the Province by the total number of electors in the Provincial Legislative Assembly and in case a remainder more than half is obtained, each elector from the Provincial Legislative Assembly will get one more vote.

Article 196

  1. All doubts or disputes arising out of the election of the Governor of a Province will be inquired into and decided by the High Court of the Province and whose decision, subject to the appelate jurisdiction of the Supreme Court, be final.

  2. Any exercise of powers of the office of the Governor before the election of the Governor is declared void by the High Court, subject to the appelate jurisdiction of the Supreme Court, will not be invalidated.

  3. The election of the Governor will not be called into question on the ground of the existence of any vacancy whatsoever among the electors of the Governorial electoral college.

Article 197
The Governor of a Province will be considered to have taken office on the date a affidavit of the nature specified in the Second Schedule has been deposited with the Chief Justice of the High Court of the Province.

Article 198

  1. A Governor may not be impeached except on grounds of a violation of this Constitution or incapacity.

  2. A proposal to impeach the Governor of a Province may not arise except in the Provincial Legislative Assembly of that Province.

  3. A proposal to impeach the Governor must be written to the Chairperson of the Provincial Legislative Assembly with the signature of not less than one fourth of the total membership of the House.

  4. A resolution to impeach the Governor will not be tabled unless after the expiry of 15 days since the proposal has been submitted to the Chairperson.

  5. A resolution to impeach the Governor needs be passed by three fifths of the total membership of the Provincial Legislative Assembly.

  6. After the Provincial Legislative Assembly has thus passed a resolution to impeach the President, it will investigate or cause to be investigated the charges detailed in the resolution.

  7. The Governor will have the right to appear and represented at such an investigation.

  8. The Governor will be removed from office if, at the end of such an investigation, the Provincial Legislative Assembly passes a resolution to sustain the impeachment of the Governor by not less than four fifths the total membership of the House.

Article 199
The term of the Governor will have been considered to have expired if

  1. the Governor, by writing under his hand a letter addressed to the Chairperson of the Provincial Legislative Assembly, resigns, whereupon the Chairperson of the Provincial Legislative Assembly must inform all the Chairpersons of District Councils in the Province.

  2. the Governor has been removed from office by means of impeachment provided in Article 212.

  3. a period of 5 years has passed from the date the Governor had taken office.

Article 200

  • The Governor will not hold any other office of profit.

  • The Governor will be entitled without payment of rent to the use of his official residences and will be also entitled to such emoluments, allowances and privileges as are specified in the Act that provides for the formation of the Province.

  • The emoluments and allowances of the Governor will not be increased or diminished during his term of office.

    Article 201
    An election to fill a vacancy caused by the expiration of the term of the Governor will be completed before the expiration of the term.

    Article 202
    An election to fill the vacancy caused by the death, resignation, removal or otherwise of the Governor will be held no later than 180 days from the date of vacancy and the person so elected will begin a new term as Governor.

    Article 203

    1. The Chairperson of the Provincial Legislative Assembly will discharge the functions of the Governor until the Governor resumes his duties or a new Governor takes office.

    2. The Chairperson of the Provincial Legislative Assembly, during the discharge of the functions of the Governor, will have all the powers and immunities of the Governor and will be entitled to the emoluments granted to the vacant Governary.

    3. The Chairperson of the Provincial Legislative Assembly, during the discharge of the functions of the Governor, will considered to be absent temporarily from duties of the Chairperson of the Provincial Legislative Assembly that this Constitution and subsequent laws made by the Provincial Legislative Assembly may provide and thus will not be entitled to any emoluments that discharge of such duties may provide.

    Chapter 2: Powers of the Governor
    Article 204

    1. All executive, judicial and legislative powers of the Province will be vested in the Governor.

    2. The executive powers of the Governor will be exercised by him or subordinate officers according to the provisions of this Constitution and any subsequent provisions made by the Provincial Council of Ministers.

    3. The judicial powers of the Governor will be exercised by him or subordinate officers according to the provisions of this Constitution and any subsequent provisions made by the Supreme Court Collegium.

    4. The legislative powers of the Governor will be exercised by him or subordinate officers according to the provisions of this Constitution and any subsequent provisions made by the Provincial Legislative Assembly.

    Article 205
    The Governor will not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties, except when the conduct of the Governor is brought under review by any court, tribunal or body appointed or designated by Provincial Legislative Assembly for the investigation of a charge under Art. 83, without restricting the right of any person to bring appropriate proceedings against the Provincial Government.

    Article 206

    1. The Governor may grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence committed within the territory of the Province

      1. in all cases which the sentence is for an offence against the executive power of the Province.

      2. in all cases which is the sentence is a sentence of death.

    Article 207
    A Provincial Legislative Assembly may by law, subject to the provisions of this Constitution, confer further powers on the Governor of the Province which may be retracted if the Provicial Legislative Assembly thinks it fit.

    Part 11: The Provincial Legislative Assembly
    Chapter 1: General
    Article 208
    In every Province, there will be established a Provincial Legislative Assembly having as many members as have been provided for in the Act that provides for the formation of the Province.

    Article 209
    The members of a Provincial Legislative Assembly will be elected from territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it, so far as practicable, is same throughout the Province.

    Article 210
    The Provincial Legislative Assembly, unless sooner dissolved, will continue to operate for 5 years, and if a Proclamation of National Emergency is in effect, it may be extended by Parliament for not more than 360 days at a time but will not, in any case, beyond a period of 180 days since such a Proclamation has ceased to be in effect.

    Article 211
    A person eligible to be a member of a Provincial Legislative Assembly needs to

    1. a citizen of the Nation;

    2. a resident of that Province, irrespective of the time for which he has been so;

    3. not less than 20 years of age.

    Article 212
    The members of a Provincial Legislative Assembly will, after being elected to a seat and before occupying it, deposit with the Governor, an affidavit according to the format set for the purpose in the Second Schedule.

    Article 213
    A Governor will summon the Provincial Legislative Assembly for a session of 90 days, at a time and place of his pleasure, but ensuring that 180 days has not passed between the last sitting of the Assembly and the date appointed for the first sitting of the Assembly in the next session.

    Article 214

    1. A Governor may address the Provincial Legislative Assembly and for that purpose require the attendance of members.

    2. A Governor may send messages to the Provincial Legislative Assembly, including with respect to a Bill pending before the Assembly.

    3. A Governor will address the Legislative Assembly at the commencement of the first session in a year and inform the Assembly of the causes of its summons.

    4. A Provincial Legislative Assembly will allot sufficient time for discussion on any matter referred to in any address or message of the Governor to the Assembly.

    Article 215
    A Governor may prorogue or dissolve the Assembly, according to the provisions of this Constitution.

    Article 216
    The Provincial Legislative Assembly will extend the right to speak and take part without the priviledge to vote in the proceedings of the Assembly or any committee of the Assembly to the Ministers or Advocate General of the Province.

    Chapter 2: Officers of the Provincial Legislative Assembly
    Article 217

    1. The Chairperson and Deputy Chairperson of the Provincial Legislative Assembly constituted after a Provincial election will be chosen by the members of the Assembly at a sitting presided by the Governor who will not have the priviledge to vote except in the case of a tie.

    2. The Deputy Chairperson will thereafter be elected from among the members of the Provincial Legislative Assembly as often as the office becomes vacant.

    Article 218

    1. The Chairperson of the Provincial Legislative Assembly will vacate the office in case

      1. the Assembly has dissolved but not until immediately before the Chairperson of the reconstituted Assembly has taken office.

      2. in case of resigning office by addressing a letter written under his hand to the Deputy Chairperson.

      3. in case of ceasing to be a member of the Provincial Legislative Assembly.

      4. in case the Provincial Legislative Assembly, by a majority of the total membership of the Assembly, pass a resolution moved not less than 15 days before being tabled.

    2. The Chaiperson will not preside when the Assembly considers any resolution for his removal from office but will have the right to take part in the proceedings thereof with the priviledge of vote.

    3. The Deputy Chairperson of the Provincial Legislative Assembly will vacate the office in case

      1. the Assembly has dissolved but not until immediately before the Deputy Chairperson of the reconstituted Assembly has taken office.

      2. of resigning office by addressing a letter written under his hand to the Chairperson.

      3. of ceasing to be a member of the Provincial Legislative Assembly.

      4. the Provincial Legislative Assembly, by a majority of the total membership of the Assembly, pass a resolution moved not less than 15 days before being tabled.

    4. The Deputy Chairperson will not preside when the Assembly considers any resolution for his removal from office but will have the right to take part in the proceedings thereof with the priviledge of vote.

    5. In case neither the Chairperson or the Deputy Chairperson, can preside over the Assembly, the resolution for removal of either will be in a sitting of the Assembly, presided over by the member elected to discharge the functions of the Chairperson of the Assembly, who will be elected from among the members of the Assembly in a sitting presided over by the Governor.

    Article 219
    The Chairperson and Deputy Chairperson of each Assembly will be entitled to the salaries and allowances according to the Act providing for the formation of the Province.

    Article 220
    A Provincial Legislative Assembly will have a secretarial staff whose recruitment, conditions for appointment and compensations for service will be regulated by the Assembly.

    Chapter 3: Conduct of Business
    Article 221

    1. Each Provincial Legislative Assembly will determine all questions presented before it, except for those which this Constitution has provided other means of determination, by a majority of votes of members present and voting, except the presiding officer who will cast vote only in case of a tie in the votes.

    2. Any proceedings of a Provincial Legislative Assembly will be valid, notwithstanding that a person not entitled to do so, took part or voted in the proceedings.

    Article 222

    1. The quorum to constitute a meeting of a Provincial Legislative Assembly will be one-tenth of the total membership of the Assembly.

    2. A Provincial Legislative Assembly is authorised to compel the attendance of the members of the House, in case there is no quorum, through a penalty decided by the Assembly itself but not less than 500 Konigs on the members absent without being granted leave by the Assembly, applicable every day of such absence, to be recovered as a debt to the Province.

    3. Any proceedings of a Assembly will be valid, notwithstanding that there is absence of quorum.

    4. The Chairperson of a Assembly on being brought to notice that there is no quorum in the Assembly will adjourn or suspend a meeting until there is a quorum.

    Article 223

    1. Each Provincial Legislative Assembly will keep a Journal of its proceedings.

    2. Copies of the Journals may be provided to satisfy the demand of any person, against a fee of 1 Konig to be transferred to the Consolidated Fund of the Province, which will not contain any information about such parts that require secrecy.

    3. Copies of the Journal may be provided to the Chief Minister on demand, which will include such parts that require secrecy.

    4. Records of the vote of each member, unless casted through secret ballot, will be entered into the Journal.

    Article 224
    Each Provincial Legislative Assembly, subject to the provisions of this Constitution, may make rules for regulating procedure and conduct of business in the Assembly.

    Article 225
    There will be no discussion in a Provincial Legislative Assembly with respect to the conduct of any Judge of the Supreme Court or of any High Court.

    Article 226

    1. Any business in a Provincial Legislative Assembly will be transacted in such a language as provided for in the Act that provides for the formation of the Province.

    2. Any member of a Provincial Legislative Assembly will be permitted to express himself in any other language and will make provisions to provide translation thereof in the authoritative language of the Provincial Legislative Assembly.

    3. The authoritative text of any business or proceedings of the Provincial Legislative Assembly will be the one in the language that the Act providing for the formation of the Province establishes.

    Chapter 4: Legislative Procedure
    Article 227

    1. A Bill will be considered to be a Money Bill if it contains any provision that deals with

      1. the imposition, abolition, remission, alteration or regulation of any tax;

      2. the regulation of the borrowing of money or the giving of any guarantee by the Government of the Province, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of the Province;

      3. the custody of the Consolidated Fund or the Contingency Fund of the Province and the payment of moneys into or the withdrawal of moneys from any such Fund;

      4. the appropriation of moneys out of the Consolidated Fund;

      5. the declaring of any expenditure to be expenditure charged on the Consolidated Fund of the Province or the increasing of the amount of any such expenditure;

      6. the receipt of money on account of the Consolidated Fund of the Province or the public account or the custody or issue of such money or the audit of the accounts of the Province.

    2. The Chairperson of the Provincial Legislative Assembly will determine the eligibility of any Bill as Money Bill.

    Article 228

    1. A Money Bill can be introduced in the Provincial Legislative Assembly only on the recommendation of the Chief Minister by any member of the Council of Ministers.

    2. A Bill other than a Money Bill can be introduced in the Provincial Legislative Assembly by any of its members.

    Article 229
    A Bill will lapse on the dissolution of the Provincial Legislative Assembly.

    Article 230
    A Bill passed by the Provincial Legislative Assembly may be presented before the Governor of the Province or the President.

    Article 231

    1. The Governor, on being presented with a passed Bill, need determine within 15 days whether to grant or withhold assent to the Bill.

    2. A Bill will be considered to given assent to, if the Governor has not determined otherwise within the said period of 15 days.

    3. If the Governor witholds assent to a Bill, and the Bill is presented in the same form, the Governor will not withold assent.

    Article 232
    When the President is presented with a Bill passed by the Provincial Legislative Assembly, he will determine to give or withhold assent to such a Bill within such period that the Bill does not lapse.

    Article 233
    If the President or the Governor returns a Bill with recommendations, the Provincial Legislative Assembly will consider the recommendations, and at its discretion, adopt or discard any of the recommendations.

    Article 234
    The Chief Minister will cause to be laid before the Provincial Legislative Assembly, at the end of every financial year, a statement of estimated receipts and expenditure of the Provincial Government, which will be termed the "annual financial statement".

    Article 235
    The annual financial statement will show separately

    1. the sums required to meet expenditure mandated by this Constitution to be drawn from the Consolidated Fund of the Province

    2. the sums required to meet expenditure that are not mandated by this Constitution but proposed to be drawn from the Consolidated Fund of the Province.

    Article 236
    The Consolidated Fund of the Province will be the source of the following expenditure:

    1. the emoluments and allowances of the Governor and other expenditure relating to his office;

    2. the salaries and allowances of the Chairperson and the Deputy Chairperson of the Provincial Legislative Assembly;

    3. debt charges for which the Government of the Province is liable, including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt;

    4. the salaries, allowances and pensions payable to or in respect of Judges of the High Court;

    5. any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal.

    Article 237
    Although the annual financial statement may be discussed in the Provincial Legislative Assembly, it will not be voted upon by Assembly.

    Chapter 5: Disqualifications
    Article 238
    No person will be a member of more than one Provincial Legislative Assembly concurrently, and must resign all except one seat from among those being occupied by the member, within 90 days since occupying an offending seat at the expiration of which the member will be deemed to have vacated that seat by resigning from it where the period of 90 days does not take into account any period during which any Assembly in which the seats are occupied is adjourned or prorogued for more than 3 days.

    Article 239
    If a member of a Provincial Legislative Assembly resigns his seat by writing under his hand addressed to the Chairperson of the Provincial Legislative Assembly, his seat will be become vacant.

    Article 240
    If a member of a Provicial Legislative Assembly is absent for 60 days on which meetings of the House were held, the Chairperson of the Assembly, with the concurrence with a majority of the membership of the Assembly may declare the seat of that member vacant.

    Article 241
    A member of the Provincial Legislative Assembly may be expelled from a sitting of the Assembly if the Chairperson, after receiving a notice of disorderly conduct, subject to the provisions of Art. 256(Fdm of Spch in PLA), from any of the other members, determines such member to be guilty of disorderly conduct and if the Assembly concurs by a majority of not less than two third of members that are present in the sitting, the member may be expelled from the House for the period of that sitting only.

    Article 242
    A person will be disqualified for being elected as, and for being, a member of a Provincial Legislative Assembly if:

    1. any office of profit is held under the Government of the Nation or of any of the Provinces, other than as a member of the Provincial Council of Ministers;

    2. declared by a competent court to be of an unsound mind;

    3. declared by a competent court to be financially insolvent;

    4. proved to be not a citizen of this Nation;

    5. proved to be not having residence within the territory of the Province;

    6. proved to not have an allegiance to this Constitution;

    7. proved to be guily of an offence that may invite imprisonment for more than 1000 days.

    Article 243
    If a person sits and votes as a member of the Provincial Legislative Assembly before taking office or when disqualified to be a member, will be liable to a penalty of 500 Konigs for each time that he votes and each day that he sits as a member of the Provincial Legislative Assembly.

    Chapter 6: Immunities
    Article 244
    Freedom of Speech will be guaranteed in all Provincial Legislative Assembly subject to the rules regulating the procedure of the Assembly.

    Article 245
    No member of a Provincial Legislative Assembly will liable to any proceedings in any court in respect of any thing said or any vote given by him in the Assembly or any committee thereof, and no person will be so liable in respect of the publication by or under the authority of the Provincial Legislative Assembly of any report, paper, votes or proceedings.

    Article 246
    No officer or member of a Provincial Legislative Assembly in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in the Assembly will be subject to the jurisdiction of any court in respect of the exercise by him of those powers.

    Article 247
    The members of a Provincial Legislative Assembly will be entitled to such renumeration that the Governor may determine.

    Part 12: The Provincial Council of Ministers
    Chapter 1: The Chief Minister
    Article 248
    There will be a Chief Minister for each Province through whom the executive power of the Governor of the Province will be exercised.

    Article 249
    The Chairperson of the Provincial Legislative Assembly will nominate to the Governor a member of the Assembly with the concurrence of the Provincial Legislative Assembly to take office as the Chief Minister.

    Article 250

    1. The Governor after receiving from the Chairperson of the Provincial Legislative Assembly a nomination for the office of the Chief Minister will proceed to invite that person to take office as the Chief Minister.

    2. If the Governor, after 5 days has expired since the Chairperson of the Provincial Legislative Assembly has taken office, does not receive any nomination for the office of the Chief Minister, he will proceed to invite a member of the Provincial Legislative Assembly to take office as the Chief Minister.

    Article 251
    The Chief Minister will be considered to have taken office on the date an affidavit for the purpose set in the Second Schedule has been submitted to the Governor.

    Article 252
    On receiving a notice to move a "motion of no confidence" from a member of the Provincial Legislative Assembly, the Chairperson will not table the resolution before the expiry of 3 days of receiving such notice, and on the passing of which the Chief Minister will be considered to have resigned and another Chief Minister will be appointed through the provisions of Art. 262.

    Article 253
    The Chief Minister will vacate the office in case

    1. the Provincial Legislative Assembly has dissolved but not until immediately before the next Chief Minister has taken office;

    2. of resigning office by writing under his hand a letter addressed to the Governor;

    3. the Chief Minister has been removed from office by means of a motion of no confidence as in Art. 264;

    4. of the expiry of 180 days since ceasing to be a member of Provincial Legislative Assembly.

    The Chief Minister will receive as renumeration for his services, an amount as prescribed in the Act that provides for the formation of the Province.

    Chapter 2: Council of Ministers[/b]
    Article 254
    There will exist a Council of Ministers to aid and advise the Chief Minister in discharge of his functions.

    Article 255
    The members of the Council of Ministers will be appointed by the Chief Minister from among the members of Provincial Legislative Assembly.

    Article 256
    A Minister will be considered to have taken office on the day an affidavit according to the form set for the purpose in the Second Schedule is deposited with the Chief Minister.

    Article 257
    The Council of Ministers will not exceed one fifth of the total membership of the Provincial Legislative Assembly.

    Article 258
    A member of the Council of Ministers will cease to be so if

    1. such a person, by writing under his hand addressed to the Chief Minister, resigns;

    2. the Chief Minister sees fit that such a member cease to be so;

    3. the office of the Chief Minister becomes vacant;

    4. 180 days has passed since the Minister has lost his seat in the Provincial Legislative Assembly.

    Article 259
    A member of the Council of Ministers will be entitled to receive as renumeration for his services, an amount prescribed in the Third Schedule.

    Chapter 3: Conduct of Business
    Article 260

    1. If at any time, except when Provincial Legislative Assembly is in session, the Provincial Council of Ministers is satisfied that circumstances exist which render it necessary to take immediate action, such Ordinances may be promulgated as the circumstances appear to require.

    2. An Ordinance promulgated under this article will have the same force and effect as an Act of Provincial Legislative Assembly, but every such Ordinance will cease to be in effect if

      1. the Provincial Lagislative Assembly has failed to approve it before the expiry of 60 days since being called in session;

      2. the Provincial Legislative Assembly has disapproved it.

      3. it is withdrawn at any time by the Provincial Council of Ministers.

    3. If an Ordinance under this article makes any provision which the Provincial Legislative Assembly would be incompetent to enact, it will be void.

    Article 261

    1. The Provincial Council of Ministers will appoint as Advocate General such person qualified to be a Judge of the Supreme Court.

    2. The Advocate General will provide advice to the Provincial Government upon legal matters and perform such duties of a legal character that the Chief Minister may refer or assign to him.

    3. The Advocate General will receive such renumeration as is provided in the Third Schedule.

    Article 262
    The Chief Minister will make rules for the more convenient transaction of the business of the Provincial Government, and for the allocation among Ministers of the said business.

    Part 13: The High Court
    Chapter 1: General Provisions
    Article 263
    There will be a High Court for every province consisting of as many Judges as the Act providing for the formation of the Province may declare.

    Article 264
    A person will not be qualified for appointment as a Judge of the High Court if

    1. he is not a citizen of this Nation.

    2. he has held less than 10 years a judicial office.

    3. he has been less than 10 years a lawyer practising in any of the High Courts.

    Article 265

    1. The Collegium of the High Court will nominate to the Governor a person for appointment as a Judge of that High Court, but not before a vacancy in the Court has arisen.

    2. If the Governor recommends reconsideration of any person nominated as a Judge of the High Court, the High Court Collegium after considering the advice of the Governor, may accept or reject the recommendations of the Governor.

    Article 266

    1. The Governor may, after consultation with the Chief Minister, accept to appoint or return for reconsideration the nomination of the Collegium.

    2. The Governor will be considered to have accepted the nomination to appoint as a Judge of the High Court if he has not decided otherwise before the expiry of 90 days of receiving such nomination.

    3. If the Governor receives a nomination that he previously returned for reconsideration, will accept to appoint the nomination as a Judge of the High Court.

    Article 267

    1. The Prime Minister will transfer any Judge of any of the High Court to another High Court on recommendation of the Supreme Court Collegium.

    2. A Judge so transferred, will have 15 consecutive days to transfer, during which he will receive in addition to his salary, a compensatory allowance as determined by the Federal Council of Ministers.

    Article 268
    A Judge of the High Court will before taking office will deposit with the Governor of the Province an affidavit according to the form set for the purpose as set in the Second Schedule.

    Article 269

    1. The eldest among the Judges of a High Court will discharge the duties of the Chief Justice of the High Court.

    2. If the office of the Chief Justice of the High Court is vacant, or otherwise unable to discharge its duties, the next eldest among the Judges of the High Court will assume function as the Acting Chief Justice of the High Court and discharge the duties of the Chief Justice of the High Court.

    Article 270

    1. Each Judge of the High Court will receive emoluments and allowances as specified in the Act that provides for the formation of the Province.

    2. The emoluments or allowances of a Judge of the High Court will not be increased or diminished for any Judge that is appointed to the High Court before the expiry of 1 whole financial year.

    Article 271
    A Judge of any High Court may be removed on grounds of misbehaviour or incapacity, such charges being proved by an investigation at which the charged Judge has the right to appear or represented, by a resolution for the same tabled for consideration in a House of Parliament after the charged Judge has addressed such House of Parliament, being passed by two thirds of the total membership of each House of Parliament, on the President assenting the resolution into law.

    Article 272
    A Judge of the High Court will continue to be so until being impeached in a manner provided in Art. 280 or resigning office by addressing under his hand to the Chief Justice, or in case the Judge being the Chief Justice, to the Governor.

    Article 273

    1. The Chief Justice or any other Judge of the High Court may appoint Officers of the Court to perform such duties as he may direct.

    2. Matters of

      1. salaries,

      2. allowances,

      3. leave of absence and

      4. pensions

      of persons so appointed will be subject to the approval of the Chief Minister of the Province.

    Article 274
    The expenses of the High Court will be charged from the Consolidated Fund of the Province.

    Article 275
    The fees or penalties taken by the High Court will be deposited as part of the Consolidated Fund of the Province.

    Chapter 2: Jurisdiction
    Article 276
    The High Court will have original jurisdiction which involves the constitutional validity of any law or proclamation or ordinances passed by the Provincial Government.

    Article 277
    Any party to any case disposed by any Court within the territorial jurisdiction of a High Court, may appeal before the High Court on the basis that the law was wrongly interpreted.

    Article 278
    The Provincial Legislative Assembly may enlarge the jurisdiction of the High Court.

    Chapter 3: Powers
    Article 279
    A High Court will have the power to punish for contempt of itself.

    Article 280
    Every High Court will have the power on all matters within its jurisdiction, to issue to any person or authority, directions or orders or writs, for any purpose.

    Article 281
    If a High Court, in consideration of any matter in subordinate Courts under its jurisdiction, deem such matter to be a significant question of law or of fact, may transfer before itself to dispose of such matter.

    Article 282
    The law will be applicable as interpreted by a High Court in its territorial jurisdiction.

    Article 283
    The High Court may pass such decree or issue any order within its jurisdiction that is necessary for doing complete justice in any matter pending before it.

    Article 284
    The State and its Agencies will act in aid of the High Court.

    Article 285
    A High Court will have superintendence over all Courts and Tribunals, except those operating constituted by any law relating to the Military, operating from within its territorial jurisdiction including but not limited to

    1. call for returns from such courts;

    2. make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts;

    3. prescribe forms in which books, entries and accounts will be kept by the officers of any such courts.

    Chapter 4: Conduct of Business
    Article 286
    The High Court will operate from a place where the Chief Justice of the High Court, with the approval of the Governor, may direct.

    Article 287
    The High Court Collegium will consist of the 5 eldest Judges of the High Court and, subject to the provisions of this Constitution, collectively decide on all matters of the High Court.

    Article 288
    A High Court will be a Court of Record.

    Article 289
    The judgements of the High Courts will be delivered in an Open Court.

    Article 290
    No judgement of the High Court will be delivered without the concurrence of the majority of the Judges hearing the case but nothing anything in this Article will prevent a Judge to deliver a dissenting opinion.

    Article 291
    Every High Court, passing or making a judgment, decree, final order, or sentence,

    1. may, if it deems fit so to do, on its own motion;

    2. will, if an oral application is made, by or on behalf of any of the parties to a case,

    immediately after the passing or making of such judgment, decree, final order or sentence, determine, as soon as may be after such passing or making, the question whether a certificate will be given to the Supreme Court that the case is a fit one for appeal.

    Chapter 5: Special Provisions
    Article 292
    No person holding the office of a Judge of a High Court will plead or act before any Agency of the State or before any Court save that of another High Court or the Supreme Court.

    Article 293
    The Provincial Legislative Assembly may by law, confer on the High Court, jurisdictions and power on any matter in List 3 of the Fifth Schedule.

    Article 294

    1. Parliament, by law, may confer or retrieve territorial jurisdiction of another Province or a Federal Territory on or from a existing High Court.

    2. A High Court having such territorial jurisdictions will consider cases based on the laws of the territory such cases originate from.

    3. A High Court having such territorial jurisdictions will deposit fees or penalties taken from a case into the Consolidated Fund of the Province if the case originated from that Province or into the Consolidated Fund of the Nation if the case originated from a Federal Territory.

    4. A High Court having such territorial jurisdictions will distribute its expenditure to be sourced from the Consolidated Fund of the Provinces or from the Consolidated Fund of the Nation in the same ratio, so far as is practicable, as that of the number of cases originating from the territories.

    Article 295

    1. If a question of a law or fact of such a nature arises or is likely to arise that the Governor requires the opinion of the High Court, the Court after such hearings as it thinks fit, report to the Governor its opinion.

    2. Whether any opinion of the High Court was sought by or what opinion the High Court reported to the Governor under the provisions of this Article will not be investigated into by the State.

    3. The Governor will determine at his discretion the question that required him to know the opinion of the High Court as provided in this Article.

    Part 14: Administration in Districts and Localities
    Chapter 1: General
    Article 296
    Each Province will be divided into districts whose territories will be demarcated by the Provincial Legislative Assembly.

    Article 297
    Each separate settlement will be administered by the citizens residing in such settlement.

    Article 298
    A District may contain one or more settlements.

    Article 299
    The territories of the settlements will be demarcated by the Provincial Council of Ministers in consultation with the Municipality or Cincopality thereof.

    Article 300
    The members of the Municipality or Cincopality will be elected from all citizens eligible to vote residing within its territorial jurisdictions through a system of proportional representation.

    Article 301

    1. The term of a Municipality or Cincopality will not extend beyond 5 years of its first meeting.

    2. The election to a Muncipality or Cincopality will be completed before the expiry of its term.

    Article 302
    The Cincopalities will be set up in rural areas and have 5 members who will

    1. be a citizen of this Nation;

    2. have residence within the territorial jurisdiction of the Cincopality;

    3. not have disqualified to be a candidate in elections.

    Article 302/1
    The Municipalities will be set up in urban areas having population not less than 500000, subject to the provision that the Provincial Council of Ministers have not declared such area to be a industrial area, and will have as many members as specified by the Provincial Legislative Assembly subject to the provision that each member

    1. is a citizen of this Nation;

    2. have residence within the territorial jurisdiction of the Cincopality;

    3. not have disqualified to be a candidate in the elections.

    Chapter 2: Financial Provisions
    Article 303
    A Cincopality and a Municipality will be have the rights to levy, collect and appropriate such taxes, duties, tolls penalties and fees, subject to any limitation imposed by the Provincial Legislative Assembly, on any such matter that the Assembly think fit.

    Article 304
    The Provincial Legislative Assembly will have the right, without derogation to the rights of the Comptroller and Auditor General to the same, to demand and discuss financial reports of any Municipality or Cincopality.

    Part 15: The Subordinate Courts
    Article 305
    Appointment of persons to be and posting or promotions of district judges in any Province will be made by the Governor on the recommendation of the High Court Collegium.

    Article 306
    Appointment of any person to be a district judge will require such person to be

    1. a citizen of the Nation;

    2. for not less than 7 years a lawyer;

    3. recommendation of the High Court.

    Article 307
    The administration of the district and subordinate courts will be vested in the High Court Collegium including appointment, transfer, leave, posting, promotion and release of any of the judges thereof.

    Article 308
    Right to appeal in relation to conditions of service in the judicial services of a Province will not be construed as contempt of court.

    The Republic of Antiyard

    Edited:

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