Constitution of the Islamic Republic of Pakistan, 1973 — Article 271

271. First National Assembly..—(1) Notwithstanding anything contained in the Constitution but subject to 6[Article 63,] Article 64 and Article 223, 6 [(a) the first National Assembly shall consist of

(i)persons who have taken oath in the National Assembly of Pakistan existing immediately before the commencing day, and

(ii)the persons to be elected in accordance with law by the members of the Assembly to fill the seats referred to in clause (2A) of Article 51, and, unless sooner dissolved, shall continue until the fourteenth day of August, one thousand nine hundred and seventy-seven; and reference to ‘total membership’ of the National Assembly in the Constitution shall be construed accordingly;]

(b)the qualifications and disqualifications for being elected and being a member of the first National Assembly shall, except in case of members filling casual vacancies 6[, or to be elected to the additional seats referred to in clause (2A) of Article 51,] after the commencing day, be the same as under the Interim Constitution of the Islamic Republic of Pakistan: 1 Article 270AAA has been inserted w. e. f the 20th Nov,2007, vide A.6 of the constitution (Amendment) Order, 2007, (P.O. 2007), which was declared unlawful, without authority and void ab initio by the Supreme Court of Pakistan. 2 Ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 97, and shall be deemed always to have been so, ins. with affect from the 21st day of August 2002. 3 Ins. by the Constitution (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), s. 98. 4 Omitted as a consequence of the (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), see section 2 and Article 270AA. 5 Art. 271 shall, during the period of five years from the 27th October, 1973, have effect as if,

(a)after clause (2) thereof, the following new clause was ins., namely:__ “(2A) A person referred to in clause (2) shall resign one of his seats at any time on or before the 10th day of November, 1973, and, if he does not so resign, the seat to which he was elected first shall become vacant.”; and

(b)in clause (3) thereof, after the words “election petition”, the words “or other-wise” were inserted, see the Removal of Difficulties (Bar against Double Membership) Order, 1973 (P. O. No. 22 of 1973). 6 Ins. and subs. by the Constitution (Fourth Amendment) Act, 1975 (Act No. LXXI of 1975), s. 9, (w. e. f. the 21st November, 1975). Provided that no person holding an office of profit in the service of Pakistan shall continue to be a member of the first National Assembly after the expiration of three months from the commencing day.

(2)If a person referred to in paragraph (a) of clause (1) is, immediately before the commencing day, also a member of a Provincial Assembly, he shall not take a seat in the National Assembly or the Provincial Assembly until he resigns one of his seats.

(3)A casual vacancy in a seat in the first National Assembly, including a vacancy in a seat in the National Assembly of Pakistan existing before the commencing day which was not filled before that day, caused by reason of death or resignation of a member or consequent upon his incurring a disqualification or ceasing to be a member as a result of the final decision of an election petition may be filled in the same manner in which it would have been filled before the commencing day.

(4)A person referred to in paragraph (a) of clause (1) shall not sit or vote in the National Assembly until he has made the oath prescribed by Article 65 and, if, without the leave of the Speaker of the National Assembly granted on reasonable cause shown, he fails to make the oath within twenty one days from the day of the first meeting of the Assembly, his seat shall become vacant at the expiration of that period. 1 272. First 2[constitution of] Senate. 3[*]Notwithstanding anything contained in the Constitution, but subject to 3[Article 63 and] Article 223,

(a)the Senate shall, until the first National Assembly under the Constitution continues in existence, consist of forty-five members and the provisions of Article 59 shall have effect as if, in paragraph (a) of clause (1) thereof, for the word "fourteen" the word "ten" and in paragraph (b) of that clause for the word "five" the word "three", were substituted, and reference to "total membership" of the Senate in the Constitution shall be construed accordingly;

(b)the members elected or chosen as members of the Senate shall be divided into two groups by drawing of lots, the first group consisting of five members from each Province, two members from the Federally Administered Tribal Areas and one member from the Federal Capital and the second group consisting of five members from each Province, one member from the said Areas and one member from the Federal Capital;

(c)the term of office of members of the first group and of the second group shall respectively be two years and four years;

(d)the term of office of persons elected or chosen to succeed the members of the Senate at the expiration of their respective terms shall be four years; 1 Article 272 had, between the 9th June, 1973, and the 14th August, 1974, effect subject to the following modifications made by the Election to the Senate Order, 1973 (P.O.No.8 OF 1973), namely: In the said Article, after clause (1), the following new clause shall be added, namely: “(2) Until Parliament by law makes provision in that behalf, the President may, for the purpose of the due constitution of, and election to, the Senate, by Order, make provision for any of the matters referred to in

(a)Paragraphs (d) and (e) of clause (1) of Article 63;

(b)Paragraphs (d), (e) and (f) of Article 222; and

(c)Article 225.". 2 Ins. by the Constitution (First Amendment) Act, 1974 (Act No. XXXIII of 1974), s. 16, (w. e. f. the 4th May, 1974). 3 Omitted and ins. by the Constitution (Fourth Amendment) Act. ,1975 (Act No. LXXI of 1975), s. 10, (w. e. f. 21st November, 1975).

(e)the term of office of a person elected or chosen to fill a casual vacancy shall be the unexpired term of the member whose vacancy he is elected or chosen to fill;

(f)as soon as the first general election to the National Assembly is held, there shall be elected to the Senate four additional members from each Province and two additional members from the Federally Administered Tribal Areas; and

(g)the term of office of such half of the members elected under paragraph (f) as may be determined by drawing of lots shall be the unexpired term of office of the members of the first group and the term of office of the other half shall be the unexpired term of the members of the second group. 1