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The Constitution: Volume 4

Part 16: Relations between the Federal and the Provincial Governments
Chapter 1: Legislative Relations
Article 309
  1. The Parliament will have exclusive power to make laws regarding any of the subjects enumerated in List 1 of the Fifth Schedule.

  2. The Provincial Legislative Assemblies will have exclusive power to make laws regarding any of the subjects enumerated in List 3 of the Fifth Schedule.

  3. The Provincial Legislative Assemblies may make laws regarding any of the subjects enumerated in List 2 and such laws enacted by the Provincial Legislative Assemblies will be considered to be in effect without such provisions inconsistent with the provisions made by the Parliament regarding subjects in List 2.

  4. The Parliament may make laws on any subject not in the any of the Lists of the Fifth Schedule.

Article 310

  1. The House of the Provinces may table a resolution declaring that laws regarding a subject in List 3 of the Fifth Schedule be passed by the Parliament and which, if passed by a majority of two thirds of the members of the House of the Provinces present and voting make it lawful for Parliament to legislate on such subjects of List 3 of the Fifth Schedule as enumerated in the resolution for the duration that the resolution remains in force.

  2. Any resolution under Art. 319.1 may be extended for a period not exceeding in any case beyond 120 days.

  3. Any resolution under Art. 319.1 will cease to be in force on the expiry of 2 years from the date the resolution was in effect.

  4. A law made by the Parliament on any subject it would have been incompetent to make if a resolution under Article 319.1 was not in effect, will cease to have effect on the expiry of 90 days since the resolution under Art. 319.1 ceases to be in effect, except as respects to things done or omitted to be done during the period during which a resolution under Article 319.1 was in effect.

Article 311
A Proclamation of National Emergency or resolution under Art. 319.1 will not restrict the power of the Provincial Legislative Assembly to legislate in accordance with this Constitution but such laws made will be in effect without those provisions that are inconsistent with laws made by Parliament until when the Proclamation of National Emergency or the resolution under Art. 319.1 ceases to be in effect.

Article 312

  1. If it appears to the Provincial Legislative Assemblies of two or more Provinces that the Parliament legislate regarding subjects the Parliament has no power to make laws, may transfer to the Parliament powers to legislate for those Provinces on such subjects as determined by the Provincial Legislative Assemblies through an Act of the Provincial Legislative Assembly.

  2. The legislation of Parliament on such subjects will not be amended or repealed by the Provincial Legislative Assemblies of those Provinces.

Article 313
The Parliament has the sole right to legislate for the purpose of implementing any Treaty between one or more than one entity subject to the control of this Constitution and one or more than one entity not subject to the control of this Constitution.

Chapter 2: Administrative Relations
Article 314
The executive power of every Province will be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that Province, and the executive power of the Nation will extend to the giving of such directions to a Province as may appear to the Government of this Nation to be necessary for that purpose.

Article 315
The executive power of every Province will be so exercised as not to impede or prejudice the exercise of the executive power of the Nation, and the executive power of the Nation will extend to the giving of such directions to a Province as may appear to the Government of this Nation to be necessary for that purpose.

Article 316
The executive power of the Nation will extend to the giving of directions to a Province as to the construction and maintenance of means of communication declared in the direction to be of national or military importance and if any costs have been incurred by the Provinces in complying with such directions, there will be paid a compensation to such Provinces from the Federal Government whose sum will be the same as incurred by the Province to which such compensation is to be paid.

Article 317

  1. The Prime Minister may, with the consent of the Chief Minister of the Province, confer such powers, duties or functions on the Provincial Government or any officers thereof from among any of the matters in which the executive power of the Nation extends.

  2. If there be any powers, duties or functions conferred upon any Province or any officers thereof, such sum as incurred by the Provincial Government in carrying out such powers, duties or functions, agreed upon by the Federal and the Provincial Governments or in case no such agreement be reached, determined by the Chief Justice of the Supreme Court, or a Judge of the Supreme Court appointed as arbitrator by the Chief Justice of the Supreme Court, be paid from the Federal Government to the Provincial Government.

Article 318
Any Provincial Government may entrust to the Federal Government or the officers thereof any powers, duties or functions from among any of the matters to which the executive power of the Province extends.

Article 319
Parliament may make laws regarding the use, distribution or control of the waters and the immediate surroundings of any source of fresh-water lying in or flowing through two or more than two Provinces.

Article 320
If it appears to the Prime Minister that public interests will be served by the establishment of a Council charged with the duty of

  1. inquiring into and advising upon disputes which may have arisen between States;

  2. investigating and discussing subjects in which some or all of the States, or the Union and one or more of the States, have a common interest;

  3. making recommendations upon any such subject and, in particular, recommendations for the better co-ordination of policy and action with respect to that subject,
    it will be lawful for the Prime Minister by order to establish such a Council, and to define the nature of the duties to be performed by it and its organisation and procedure.

Part 17: Revenues
Article 321
No tax will be levied or collected except by authority of law as provided for by this Constitution.

Article 322

  1. All money received by the Federal Government excepting such parts or proceeds of certain taxes to be assigned to the Provinces from all revenues and all loans raised by the Federal Government will form one consolidated fund to be entitled the "the Consolidated Fund of the Nation".

  2. All other public money received by the Federal Government will be credited to the public account of the Nation.

  3. No money out of the Consolidated Fund of the Nation will be appropriated except in accordance with law and for the purposes and in the manner provided in this Constitution.

Article 323

  1. All money received by the Provincial Government including such parts or proceeds of certain taxes assigned to the Province by Federal Government from all revenues and all loans raised by the Provincial Government will form one consolidated fund to be entitled the "the Consolidated Fund of the Province".

  2. All other public money received by the Provincial Government will be credited to the public account of the Province.

  3. No money out of the Consolidated Fund of the Province will be appropriated except in accordance with law and for the purposes and in the manner provided in this Constitution.

Article 324
The Parliament will by law establish a Contingency Fund in the nature of an imprest to be entitled “The Contingency Fund of the Nation" into which will be paid from time to time such sums as may be determined by such law, and the said Fund will be placed at the disposal of the Prime Minister to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by Parliament by law under Art. 115 or Art. 116.

Article 325
Every Provincial Legislative Assembly will by law establish a Contingency Fund in the nature of an imprest to be entitled “The Contingency Fund of the Province" into which will be paid from time to time such sums as may be determined by such law, and the said Fund will be placed at the disposal of the Chief Minister of the Province to enable advances to be made by him out of such Fund for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by Provincial Legislative Assembly by law under Art. 115 or Art. 116.

Article 326
Taxes imposed on the import and export of items to and from the territorial jurisdictions of the Nation will be levied, collected and appropriated by the Federal Government.

Article 327
Stamp tax will be levied by the Federal Government, will be collected by the Provinces and each Province, after appropriating not more than half of the net proceeds from such duties, assign the rest to the Federal Government.

Article 328

  1. Sale of any item will be subjected to a tax, to be levied as a fraction of the price of sale, such fraction being determined by the Parliament and equal throughout the territorial jurisdiction of the Nation, to be collected by the Provinces and assigned to the Federal Government.

  2. Sale of any item, within the territorial jurisdiction of the Province, will be subjected to a tax levied as a fraction of the price of sale, such fraction being determined by the Provincial Legislative Assembly, to be collected and appropriated by the Provincial Government.

Article 329

  1. There will be taxes levied upon services provided to any person residing in the territory of the Nation.

  2. Services, as described in this Article will be interpreted as any activity, not including sale of any item, that involves transfer of money.

  3. Services, which does not include transfer of commodities between two or more Provinces, will be subjected to

    1. a tax levied by the Parliament, collected by the Province in which such service is being provided and assigned to the Federal Government.

    2. a tax levied by the Provincial Legislative Assembly, collected by the Province in which such service is being provided and appropriated by the Provincial Government.

  4. Services which require that commodities be transferred between Provinces, one of which intends to consume the commodities so transferred, will be subjected to a tax levied and collected by the Federal Government which will appropriate not more than half of the net proceeds and assign half of the rest to the Provincial Government of the province such commodities originated from and the other half to the Provincial Government such commodities were consumed.

  5. Services which require that commodities be transferred between Provinces for export from the territory of the Nation will not be taxed except by what is levied by the Federal Government.

Article 330
The State will not levy any tax on

  1. use of property for the purpose of agriculture to produce:

    1. rice;

    2. wheat.

Article 331

  1. Neither a Provincial Government nor the Federal Government will levy taxes on properties of each other in each own's territorial jurisdictions.

  2. A Province will not levy taxes on the properties of another Province within its territorial jurisdictions.

  3. Notwithstanding anything in this Article, a Government may levy taxes on commercial activities carried out from the properties of the State except when the Parliament, if the property belongs to the Federal Government or the Provincial Legislative Assembly of such Province that the property belongs to, may by law otherwise provide.

Part 18: Financial and Legal Provisions
Article 332
The executive power of the Nation extends to borrowing upon the security of the Consolidated Fund of the Nation within such limits, if any, as may from time to time be fixed by Parliament by law and to the giving of guarantees within such limits, if any, as may be so fixed.

Article 333
The executive power of a Province extends to borrowing within the territory of the Nation upon the security of the Consolidated Fund of the Province within such limits, if any, as may from time to time be fixed by the Provincial Legislative Assembly by law and to the giving of guarantees within such limits, if any, as may be so fixed.

Article 334
The Government of the Nation may, subject to such conditions as may be laid down by or under any law made by Parliament, make loans to any Province or, so long as any limits fixed under Art. 342 are not exceeded, give guarantees in respect of loans raised by any Province, and any sums required for the purpose of making such loans will be charged on the Consolidated Fund of the Nation.

Article 335
A Province may not without the consent of the Federal Government raise any loan if there is still outstanding any part of a loan which has been made to the Province by the Federal Government or in respect of which a guarantee has been given by the Federal Government.

Article 336
After the commencement of this Constitution in a territory, all assets and properties vested in the predecessor Government will be vested

  1. in the Federal Government, if the purposes of such assets or properties prior to the commencement of the Constitution are those listed in List 1 of the Fifth Schedule.

  2. in the Provincial Government, if the purposes of such assets or properties prior to the commencement of the Constitution are those listed in List 3 of the Fifth Schedule.

  3. in the Federal Government, if the purposes of such assets or properties prior to the commencement of the Constitution are those listed in both List 1 and List 3 of the Fifth Schedule.

  4. in the Provincial Government, if the purposes of such assets or properties prior to the commencement of the Constitution are those listed in List 2 of the Fifth Schedule.

Article 337
All contracts made in the exercise of the executive power of the Nation or of a Province will be expressed to be made by the President, or by the Governor of the Province, as the case may be, and all such contracts and all assurances of property made in the exercise of that power will be executed on behalf of the President or the Governor by such persons and in such manner as the Prime Minister or Chief Minister may direct or authorise.

Article 338
Neither the President nor the Governor will be personally liable in respect of any contract or assurance made or executed for the purposes of this Constitution, or for the purposes of any enactment relating to the Federal Government heretofore in force, nor will any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof.

Article 339
The Federal Government may sue or be sued by the name of "The Republic of" the name of this Nation.

Article 340
A Provincial Government may sue or be sued by the name of "The Province of" the name of the Province.

Part 19: Administrative Services
Article 341
It will be competent for the Parliament in the case of services and posts in connection with the affairs of the Nation, and for the Provincial Legislative Assembly in the case of services and posts in connection with the affairs of the Province, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts.

Article 342

  1. Subject to the provisions of this Constitution, all members of and all persons holding a post in connection with the military and the civilian federal or national services holds office during the pleasure of the Prime Minister.

  2. Notwithstanding the provisions of this Art. 352.1, if a person holding office during the pleasure of the Prime Minister is required to vacate such office due to reasons not connected with the misconduct of such person, will be provided a sum as compensation, except in cases when the contract through which such person holds office has expired.

Article 343

  1. Subject to the provisions of this Constitution, all members of and all persons holding a post in connection with the provincial services, holds office during the pleasure of the Chief Minister.

  2. Notwithstanding the provisions of this Art. 353.1, if a person holding office during the pleasure of the Chief Minister is required to vacate such office due to reasons not connected with the misconduct of such person, will be provided a sum as compensation, except in cases when the contract through which such person holds office has expired.

Article 344
No member or person holding a post in the civilian services will be dismissed or removed by an authority subordinate to that by which the member or person was appointed.

Article 345
No member or person holding a post in the civilian services will be dismissed or removed or reduced in rank except after an inquiry in which such person has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

Article 346
A member or person holding a post in the civilian services may be dismissed or removed or reduced in rank without inquiry

  1. if such person has been convicted on a criminal charge.

  2. if the authority empowered to do so records in writing the reasons to do so.

Article 347
A national service may be created by a resolution originating in House of the Provinces and passed by the House of the Provinces by two thirds of the total membership of the House, following which the Parliament will by law, provide for the recruitment and conditions of service of any person appointed to any such service.

Article 348
If a national judicial service is created, it will through the provisions of the Art. 357 and will

  1. not include, for administrative purposes, any judge inferior to a district judge

  2. not modify the procedure of appointment or dismissal from service of any judge superior to a district judge

  3. include provisions to amend Art. (Part 15 (subordinate courts)) as necessary to give effect to provisions of such law.

Article 349

  1. There will be a Federal Public Service Commission to serve the needs of the Nation.

  2. There will be a Provincial Public Service Commission to serve the needs of the Province.

  3. Two or more Provinces may agree to have one Public Service Commission, such agreement being passed by a resolution to that effect by all the Provincial Legislative Assemblies, then the Parliament will provide for the formation of a Joint Provincial Public Service Commission to serve the needs of those Provinces.

Article 350
The members of the Federal Public Service Commission and of all Joint Provincial Public Service Commissions will be appointed by the Prime Minister and the members of a Provincial Public Service Commission will be appointed by the Chief Minister.

Article 351
Not less than half of the members of a Public Service Commission will be persons who have served not less than 10 years either under the Federal or Provincial Government.

Article 352
The Chairperson of the Public Service Commissions, and any person to discharge duties of the office of the Chairperson if such office becomes vacant or the Chairperson is unable to discharge duties of the office, will be appointed from among the members of the same Public Service Commission, if such Public Service Commission is the Federal Public Service Commission or any of the Joint Provincial Public Service Commission, by the Prime Minister or if such Public Service Commission is a Provincial Public Service Commission, by the Chief Minister of the Province.

Article 353
A member of a Public Service Commission will hold office

  1. for 7 years from the date of entering office

  2. until the age of 70 years

  3. until resigning, by writing under his hand addressed to the, in case of such Public Service Commission being the Federal Public Service Commission or any of the Joint Provincial Public Service Commission, Prime Minister or in case of such Public Service Commission being the Provincial Public Service Commission, Chief Minister of the Province.

  4. until being removed from office in manner prescribed in Art. 364.

Article 354

  1. Any member of a Federal Public Service Commission or any Joint Provincial Public Service Commission may be removed by order of the President on ground of misbehaviour referred, by the Prime Minister, to the Supreme Court which has after investigations that it may think fit to conduct, the member under inquiry having the right to appear and be represented at such investigations, reports to the President that the such member ought to be removed.

  2. Any member of a Provincial Public Service Commission may be removed by order of the Governor of that Province if the High Court thereof reports to him, after being referred of misbehaviour on part of such member by the Chief Minister, after conducting such investigations that it may think fit, the member under inquiry having the right to appear and be represented at such investigation, that the member ought to be removed.

  3. The Prime Minister, in case of the Federal Public Service Commission or any of the Joint Public Service Commission, or the Chief Minister of the Province of the Provincial Public Service Commission may remove any member that

    1. is adjudged an insolvent;

    2. engages during the term of office in any paid employment outside the duties of his office;

    3. is adjudged to be unfit to continue in office due to infirmity of mind.

Article 355
No member of a Public Service Commission will be eligible for reappointment to that office.

Article 356
In the case of a Federal Public Service Commission or any Joint Provincial Public Service Commission, the Parliament and in the case of a Provincial Public Service Commission, the Provincial Legislative Assembly of the Province, may by law

  1. determine the number of members of the Public Service Commission and their conditions of service;

  2. make provision with respect to the number of members of the staff of the Public Service Commission and their conditions of service.
    but the conditions of service will not be amended for any member after his appointment.

Article 357

  1. The Chairperson of the Federal Public Service Commission will be ineligible for further employment either under the Federal Government or a Provincial Government.

  2. The Chairperson of a Provincial Public Service Commission or a Joint Provincial Public Service Commission will be ineligible for further employment either under the Federal Government or a Provincial Government except

    1. as Chairperson of the Federal Public Service Commission.

    2. as a member of the Federal Public Service Commission.

    3. as Chairperson of any of the other Provincial Public Service Commissions or Joint Provincial Public Service Commissions.

  3. A member of the Federal Public Service Commission will be ineligible for further employment either under the Federal Government or a Provincial Government except

    1. as Chairperson of the Federal Public Service Commission.

    2. as Chairperson of any of the Provincial Public Service Commissions.

    3. as Chairperson of any of the Joint Provincial Public Service Commissions.

  4. A member of a Provincial Public Service Commission will be ineligible for further employment either under the Federal Government or a Provincial Government except

    1. as Chairperson of the Federal Public Service Commission.

    2. as member of the Federal Public Service Commission.

    3. as Chairperson of any of the Provincial Public Service Commissions.

    4. as member of any of the Provincial Public Service Commissions.

Article 358

  1. It will be the duty of the Federal Public Service Commission to conduct examinations for appointments to the national services and the federal services.

  2. It will be the duty of a Provincial Public Service Commission to conduct examinations for appointments to the respective provincial service.

Article 359
It will also be the duty of the Federal Public Service Commission, if requested by any two or more Provinces so to do, to assist those Provinces in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required.

Article 360
The Federal Public Service Commission or a Provincial Public Service Commission, as the case may be, will be consulted

  1. on all matters relating to methods of recruitment to civil services and for civil posts;

  2. on the principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another and on the suitability of candidates for such appointments, promotions or transfers;

  3. on all disciplinary matters affecting a person serving under the Federal Government or a Provincial Government in a civil capacity, including memorials or petitions relating to such matters;

  4. on any claim by or in respect of a person who is serving or has served under the Federal Government or a Provincial Government, in a civil capacity, that any costs incurred by him in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his duty should be paid out of the Consolidated Fund of Nation, or, as the case may be, out of the Consolidated Fund of the Province;

  5. on any claim for the award of a pension in respect of injuries sustained by a person while serving under the Federal Government or the Provincial Government, in a civil capacity, and any question as to the amount of any such award, and it will be the duty of a Public Service Commission to advise on any matter so referred to them and on any other matter which the Prime Minister, or, as the case may be, the Chief Minister of the Province, may refer to them.

Article 361
The Prime Minister as respects the national services and also as respects other services and posts in connection with the affairs of the Nation, and the Chief Minister, as respects other services and posts in connection with the affairs of a Province, may make regulations specifying the matters in which either generally, or in any particular class of case or in any particular circumstances, it will not be necessary for a Public Service Commission to be consulted, provided such regulations will be laid for not less than 15 days before each House of Parliament or the Provincial Legislative Assembly of a Province, as the case may be, as soon as possible after they are made, and will be subject to such modifications, whether by way of repeal or amendment, as both Houses of Parliament or the Provincial Legislative Assembly of a Province may make during the session in which they are so laid.

Article 362
An Act of Parliament or, as the case may be, the Provincial Legislative Assembly of a Province may provide for the exercise of additional functions by the Federal Public Service Commission or the Provincial Public Service Commission as respects the services of the Nation or the Province and also as respects the services of any local authority or other body corporate constituted by law or of any public institution.

Article 363
The expenses of the Federal or a Provincial Public Service Commission, including any salaries, allowances and pensions payable to or in respect of the members or staff of the Commission, will be charged on the Consolidated Fund of the Nation or, as the case may be, the Consolidated Fund of the Province.

Article 364
It will be the duty of the Federal Public Service Commission to present annually to the Prime Minister a report as to the work done by the Commission and on receipt of such report the Prime Minister will cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before each House of Parliament.

Article 365
It will be the duty of a Provincial Public Service Commission to present annually to the Chief Minister of the Province a report as to the work done by the Provincial Public Service Commission, and it will be the duty of a Joint Provincial Public Service Commission to present annually to the Chief Minister of each of the Provinces the needs of which are served by the Joint Provincial Public Service Commission a report as to the work done by the Joint Provincial Public Service Commission in relation to that Province, and in either case the Chief Minister, will, on receipt of such report, cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before the Provincial Legislative Assembly.

Part 20: Tribunals
Article 366
Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Federal Government or any authority within the territorial jurisdictions of the Nation or under the control of the Federal Government, subject to the condition that such law

  1. may provide for the establishment of an administrative tribunal for the Nation and a separate administrative tribunal for each Province or for two or more Provinces;

  2. will specify the jurisdiction, powers including the power to punish for contempt and authority which may be exercised by each of the said tribunals;

  3. will provide for the procedure including provisions as to limitation and rules of evidence to be followed by the said tribunals;

  4. may exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court;

  5. may provide for the transfer to each such administrative tribunal of any cases pending before any court or other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment;

  6. will contain such supplemental, incidental and consequential provisions including provisions as to fees as Parliament may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals.

Article 367
A Provincial Legislative Assembly may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to the recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Provincial Government or any authority within the territorial jurisdictions of the Province or under the control of the Provincial Government, subject to the condition that such law

  1. may provide for the establishment of an administrative tribunal for the Province and a separate administrative tribunal for each District or for two or
    more District;

  2. will specify the jurisdiction, powers including the power to punish for contempt and authority which may be exercised by each of the said tribunals;

  3. will provide for the procedure including provisions as to limitation and rules of evidence to be followed by the said tribunals;

  4. may exclude the jurisdiction of all courts, except the jurisdiction of the High Court;

  5. may provide for the transfer to each such administrative tribunal of any cases pending before any court or other authority immediately before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment;

  6. will contain such supplemental, incidental and consequential provisions including provisions as to fees as Parliament may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals.

Article 368
The adjudication or trial by a tribunal of any dispute, complaints or offences, will be provided for by Parliament if such matter results from List 1 of the Fifth Schedule or by the Provincial Legislative Assembly if such matter results from List 3 of the Fifth Schedule, including

  1. levy, assessment, collection and enforcement of any tax;

  2. foreign exchange, import and export across customs frontiers;

  3. industrial and labour disputes;

  4. acquisition by the State of any estate as defined in Art. 31/1.

  5. ceiling on agricultural land;

  6. ceiling on urban property;

  7. elections to either House of Parliament or the House or either House of the Legislature of a State, but excluding the matters referred to in Art. 329;

  8. production, procurement, supply and distribution of food-stuffs and such other goods as the Prime Minister may, by public notification, declare to be essential goods for the purpose of this article and control of prices of such goods;

  9. rent, its regulation and control and tenancy issues including the right, title and interest of landlords and tenants.

Part 21: Elections

Article 369
The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of all elections mandated to be held by this Constitution, including appointment of electoral tribunals for determining disputes arising out of or in connection with the conduct of such elections, will be vested in the Election Commission.

Article 370
The Election Commission will consist of a Chief Election Commissioner, who will concurrently discharge duties of the Chairman of the Election Commission, and 6 Election Commissioners.

Article 371

  1. The Chief Election Commissioner will not be removed from office except in like manner and on like grounds of a Judge of the Supreme Court.

  2. No Election Commissioner will be removed except on the recommendation of the Chief Election Commissioner.

Article 372
The conditions of service of a Election Commissioner will not be amended after his appointment.

Article 373
The Prime Minister and a Chief Minister, when requested by the Election Commission, make available such staff as may be necessary to discharge the duties of the Election Commission.

Article 374

  1. There will be only one electoral roll for every territorial constituency.

  2. Every person will be entitled to be registered as a voter in the electoral roll of only one territorial constituency if

    1. he is a citizen.

    2. he is an adult.

    3. he is not disqualified by law to vote in a election.

Article 375
Upon the completion of each census, the allocation of territorial constituencies to each seat in a Legislature and the readjustment of the territories of each constituency will be determined in a manner prescribed by the Election Commission, provided that such adjustments will not affect the representation in any Legislature until the dissolution of that Legislature.

Article 376
No election will be called into question except by a petition presented to a election tribunal as in Article 369.

Article 376/1

  1. The Election Commission will introduce a Model Code of Conduct for a period after announcing the date of elections to be effective until immediately after the results of the election are declared.

  2. The Election Commission may introduce differentiated penalties for breach of any clause of the Model Code of Conduct.

  3. The Election Commission may introduce differentiated penalties for each breach of the Model Code of Conduct.

  4. The President will introduce penalties that the Election Commission have the power to introduce which will be effective until such date that the Election Commission decides upon.

  5. The penalties obtained by the Election Commission will be assigned to the Consolidated Fund of the Nation.

The Republic of Antiyard

Edited:

RawReport