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The Assembly performs following functions:

Legislation

Oversight of the Government

Financial Accountability

(a) Legislation
Powers and Limitations
The Assembly is empowered to make laws such as criminal, criminal procedure, evidence and any matter.
It cannot, however, make any law which is

Repugnant to the injunctions of Islam as laid down in the Holy Quran and the
Sunnah

Repugnant to any provision of the Constitution

Violation or contravening to any fundamental rights

Not in consonance with the Principles of Policy

(b) Oversight of the Government


Various parliamentary tools provided in the Rules of Procedure and the Conduct of the Business provide
for obtaining necessary information about the working of the Government departments, overseeing the
government and making recommendations on matters of public importance. These tools include
questions, call attention notices (CANs), adjournment motions, resolutions and general discussion.
(c) Financial Accountability
The Assembly exercises its control over the financial affairs of the government in two ways i.e.
consideration as well as approval of the budget and consideration of the reports of the Auditor General of
Pakistan by Public Accounts Committees.
Pre-budget Discussion
The Assembly holds discussion and invites proposals from the members for the next years budget. The
proposals are sent to the government.
Passing of Budget
The government is required to lay a statement of the estimated receipts and expenditure of the
government known as the Annual Budget Statement for the next financial year before the House. The
Finance Minister, or a Minister acting on his behalf, presents the budget. The Assembly considers it in two
stages:

General discussion on the budget as a whole

Discussion and voting on demands for grants including voting on motions for
reduction (Cut Motions), if any

Discussion on recommendations of the Senate (only in National Assembly)

..
Q. Write a detailed note senate under 1973 constitution. (2000/A and (2001/A)
Q.

Explain

the composition and function of senate under 1973 constitution.

(2000/S

and

2003/A)

(2005)

1.

Introduction:

The present constitution of 1973 provides the parliamentary from of government. Article 50
says that there shall be a Majils-e-Shoora (parliament) consisting of the president and the
two houses to be knows as the nationalassembly and the senate. the senate is the
upper house of parliament.
2.

Relevant

Article 59,

provision:

59,

60,

61.

3. Composition of

the senate:

The senate shall


(a)
(b)

Fourteen
Eight

consist
shall

shall

of

be elected by

100 members of

the members from

be elected by members the

federal

each

whom:

provincial assembly.

administered

Tribal

Areas

in

the national assembly.


(c) Four shall be elected from federal capital in such a manner as the president may, by
order

prescribe.

(d) Four woman and four member by each provincial assembly to represent ulema,
technocrats,

and

3.

other

Qualification

(i)

professional.

for

the member:

Citizen

He

should

of Pakistan:

be

citizen

of Pakistan.

(ii)
He

Age:
should

not

be

less

than

thirty

year

of

age.

(iii) Mentally fit:


He

should

be mentally fit.

(iv)

Not insolvent:

He

should

not

(v)

be insolvent.
Not hold any office of profit:

He

should

not hold any office of profit in

the service of Pakistan.

4. Procedure for election:


Members of

the senate are elected in accordance with

system

of proportional representation by means of singletransferable vote.

The

device

of representation by single transferable vote has been adopted for election to thesenate in
order to give proportional representation to the various parties so that all parties may also
be

represented

and

have

share

5. Term of

in

political

life

of

the

country.

the senate:

According to the constitution the senate cannot be dissolved. The term of its member shall
be
6.

six

year.
Restrictions:

The candidate can not be member of both houses at a time and has to resign in one house.
7. Privileges of members:

Members of

the senate have

following privileges:

(i) Freedom of

speech:

The members have


(ii)

full freedom of

Not

speech

answerable

in

to

the house.

any

court:

No member is liable to any proceeding in any court for any thing said in the house.
(iii)

Salary

The members of

and

the senate are

paid

allowances:

salary

and

(iv)

allowances.
Accommodation:

The members are


8.

given

Summoning

free

and

accommodation.

prorogation

of

session:

The president of Islamic republic of Pakistan from time to time summon the senate to meet
at

such time and

place

9.

as

he

thinks

fit

and

may

Voting

also

prorogate

the

and

same.

quroum:

The quroum shall be one fourth of the membership and all decision shall be made
with majority vote.
10. Chairman and deputy chairman of

the senate:

The senate shall elect from amongst its members a chairman and a deputy chairman. they
-shall take oath of their office. the chairman and deputy chairman can be removed from
their office by passing a resolution with themajority vote of total membership of the senate.
11. Power and functions of
The senate has

the senate:
following

powers

and function.

(i)

Legislation:

The senate takes part in law making process. it is most important duty of the parliament.
the senate has powerto

pass

bill

or

reject

by national assembly.

(ii)

Administrative:

The senate keeps and watch on the administration. all important appointments are made by
the senate.
(iii)

Judicial:

The senate may make rules for regulating its procedure and conduct of its business. if a
person

in

the service ofPakistan disgraces

performance

of

his

duties

any member of

the member may

move

or

creates

privilege

hurdle
motion

in

the

against

such government servant.


(iv) Electoral:
The senate performs electoral functions in
the president Islamic

many

ways

for

example election of

republic

ofPakistan.

(v) Education center for politician:


The senate is education center for politician Pakistan.
(vi)

Amendment

in

The senate has power to


(vii)

amend

Removal

The senate removes

the Constitution:
the constitution.

of Grievances of

the grievances of

the people:

the people and discuss their

12.

problems.
Conclusion:

To conclude I can say that the senate is the upper house of parliament. it consist of
100 members.

it

is

the senate are elected in accordance with

continuous

body.

the members of

the proportional representation bymeans of

the single transferable vote. The daily sessions of the senate are presided by a chairman.
under theconstitution senate can not be dissolved.

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Composition
The Parliament of Pakistan, according to the Constitution of 1973, is bicameral. Article 50 of the Constitution clearly
states that the Parliament of Pakistan consists of the President and two Houses known as the National Assembly and
the Senate.

National Assembly
The National Assembly has a total of 342 members, including 60 seats reserved for women and 10 for non-Muslims,
as per Article 51. The seats in the National Assembly are allocated to each Province, the Federally Administered
Tribal Areas (FATA) and the Federal Capital on the basis of population, as officially published in the last preceding
census. The present allocation of seats is as under:

Election of Prime Minister, Article 91


Under Article 91 of the constitution of Pakistan follow is the procedure for the election of the Prime Minster.
1. Time of Election
The national assembly shall meet on the 21st day following the general and after the election of the speaker and
Deputy Speaker. National Assembly proceeds to elect one of its Muslim member as Prime Minister and it is done
without any debate.
2. Election through Majority vote: 91 (2)
The Prime Minister shall be elected by the votes of the majority of total membership of National Assembly.
3. Second Poll
If no candidate secures majority of total membership of National Assembly in the first poll, second poll is held
between those candidates, who have secured the two highest numbers of votes in the first poll. And the candidate,
who secures a majority of votes of members present in second poll, is declared as Prime Minster.
4. Further Poll
If two or more candidates secure equal votes in second poll, further poll is held between them until one of them
secures a majority of votes of the members present and voting.
5. Oath of the Prime Minster
After election, the Prime Minster takes the oath in the presence of the president.
6. Vote of Confidence
After taking oath before the president, the Prime Minister shall within a period of sixty days of oath, obtain a vote of
confidence from the National Assembly.

Procedure for Adoption of vote of No Confidence Against


Prime Minster
Following points are important to explain it.
1. Moving of Resolution
Not less than twenty percent of total membership of National Assembly can move a resolution of National Assembly
can move a resolution for a vote of no-confidence against Prime Minister.
2. Voting Upon Resolution

Such resolution should not be voted upon before expiration of three days or later than seven days form the day on
which such resolution is moved in National Assembly.
3. When Can Resolution Not Be Moved
Such resolution should not be moved in National Assembly while National Assembly is considering demands for
those grants, which have been submitted to it in Annual Budget Statement.
4. Passing of Resolution
If such resolution is passed by a majority of total membership of National Assembly, Prime Minster ceases to hold
office.
Conclusion
To conclude that the Prime Minister is the real executive head of the country. He has strong constitutional position.
The Prime minster is the chief advisor to president. He is the leader of the house and elected for the term of 5 years.

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AMENDMENT TO THE CONSTITUTION
A Bill to amend the Constitution may originate in either National Assembly or the
Senate. When the Bill has been passed by the votes of not less than two-thirds of
the total membership of the House, it is sent to the other House. In case it is passed
by the other House also by the votes of no less than two thirds, the President signs
it and the amendment is passed. A Bill to amend the Constitution which would have
the effect of altering the limits of a Province shall not be presented to the President
for assent unless it has been passed by the Provincial Assembly of that Province by
the votes of not less than two-thirds of its total 6 membership.

There are seven important functions of the Prime Minister of India these are : 1. Formation
of Ministry, 2. Distribution of Portfolios, 3. Chairman of the Cabinet Committee, 4. Chief
Co-ordinator of Policies, 5. Sole Adviser to the President, 6. Leader of the Nation, 7. Position
of the Prime Minister.
(1) Formation of the Ministry:
The Prime Minister forms the Ministry. With the appointment of the Prime Minister, the
essential task of the President is over, for it is left to the Prime Minister to select his
Ministers and present a list to the President. The President has no other alternative but to
appoint the Ministers as recommended by the Prime Minister.
It is correctly said that the Prime Minister "is central to its (Ministry's) formation, central to
its life and central to its death". The Prime Minister has the privilege to select his Cabinet
colleagues. If the Prime Minister resigns, it means the resignation of the whole Ministry.
When the Prime Minister dies, the Council of Ministers will automatically cease to exist. The
Prime Minister may remove the members of Council of Ministers at any time by demanding
the Ministers' resignation or getting them dismissed, by the President.
(2) Distribution of Portfolios:

Distribution of portfolios is another important task of the Prime Minister. He has a free
hand in assigning various departments to his colleagues. It is for him to determine the size
of the Cabinet and the Ministers to be included in it. He may even select ministers outside
the rank if he feels that a person is fit for a job. While distributing portfolios he is to look
that important members of the party do get important portfolios. In a federal State like
India be is to see that Ministers are selected from all parts of the country.
Further, there might be some aspirants for a few important portfolios like Home, Defence or
Finance. He has to bring amity and satisfy all in distributing the portfolios. His work is
indeed a difficult one. As Lowell points out. "His work is like that of constructing a figure
out of blocks which are too numerous for the purpose and which are not of shapes fit
perfectly together".
(3) Chairman of the Cabinet Committee:
The Prime Minister is the Chairman of the Cabinet Committee. He convenes and presides
over all the meetings of the Cabinet. He is to fix the agenda of such meetings. The Ministers
are individually responsible to him for the good administration of their respective
departments. The Prime Minister may warn advice or encourage them in discharge of their
functions. He is the head of the Council of Ministers. He acts as the Chairman of various
standing and ad-hoc Committees of the Cabinet.
(4) Chief Co-ordinator of Policies:
The Prime Minister is the chief co-ordinator of the policies of several Departments. In case
of conflicts between two departments, he acts as the mediator. He irons out quarrels among
various Ministers and departments. He keeps an eye on the working of all Departments of
the Government of India. He can ask for any file from any Ministry for his perusal.
In case of appointment of Governors and other high federal officers, the voice of the Prime
Minister counts and not that of the other Ministers. He is always vigilant regarding the
working of the important departments like the Finance, the Foreign Affairs and Home. He
also keeps close touch with foreign ambassadors and represents the Union Government at
the Conferences of Heads of Foreign Governments.
(5) Sole Adviser to the President:
The Prime Minister is the sole adviser to the President. The right to advice for dissolution of
the Lok Sabha rests with Prime Minister. The President is expected to accept the advice of
the Prime Minister and not that of other Ministers.
The Prime Minister is the only channel of communication between the President and the
Cabinet. He informs the President all the decisions taken in the Cabinet. If the President
does not accept the advice of the Prime Minister, the Prime Minister may resign. The
resignation of the Prime minister will create difficulty for the President to find out an

alternative Ministry. As long as the Prime Minister enjoys the confidence of the majority
members of the Lok Sabha it is difficult for the President to dismiss him.
(6) Leader of the Nation:
The Prime Minister is the leader of the nation. He is the chief spokesman of the
Governmental policies in the Parliament. All important policy announcements are made by
him in the Parliament. He is the leader of the majority party and as such he usually becomes
the leader of the House.
The British convention is that the Prime Minister should belong to the House of Commons.
Such a convention is expected to develop in India whereby the Prime Minister will belong to
the Lok Sabha which is the popular House in India. Personality and prestige of the Prime
Minister helps the party to get more votes during the time of election. The General Election
is in reality the election of the Prime Minister. In India, the choice of the First Prime
Minister fell on Jawaharlal Nehru who brought absolute majority to his party in the Centre
and the States in the First General Elections of India.
(7) Position of the Prime Minister:
The Constitution of India, as already pointed out, does not describe the office of the Prime
Minister in detail. It is, therefore, difficult to State what is the exact position of the Prime
Minister. The general accepted theory is that the Prime Minister is just like "primus inter
pares" or "first among equals". This is the phrase, which is used to describe the office of the
Prime Minister ship in a parliamentary system.

.
ntroduction
In the Parliamentary system Prime Minister is the head of the government and the whole system of the state revolves
round him. He is the leader of majority party in the parliament and he is the source of power. He is more power full
than the president.
Relevant provisions
Article 46,91,95 of the constitution of Pakistan.
The office of the Prime Minister according to the constitution of 1973
The Prime Minister under the constitution of 1973 is the real executive and head of the Govt. The president is merely
a constitutional figurehead who acts on the advice of the Prime Minister. Infact he is the real ruler of Pakistan.
Qualifications/characteristics for the office of Prime Minister (P.M)
Citizen of Pakistan
He

should

be

the

citizen

of

Pakistan.

National

Assembly.

Member of National Assembly


He

should

be

Should not hold any office of profit

the

member

of

He

should

not

hold

any

office

of

profit

in

the

service

of

Pakistan.

Ideology of Pakistan
He

should

believe

on

ideology

of

Pakistan.

Mentally and physically fit


He should be mentally and physically fit.
Nomination of the P.M.
The president in his discretion appoints from amongst the members of National Assembly who has command the
majority of members in the house.
Election of the P.M
The members of the National Assembly elect PM, the leader of the majority party. Assembly in its first session elects
speaker and Deputy Speaker and then the Prime Minister. The Prime Minister shall be elected by the majority vote of
the total membership of the National Assembly.
Oath of the P.M
After election the P.M takes the oath in the presence of the president. He declares to be Muslim and the belief in the
finality of Prophet (S.A.W.W) promises to act upon the Islamic ideology, to give presence to national interest, protect
the constitution and be loyal with the country.
Allowances and salary of the P,M.
Prime

Minister

is

given

different

allowances

and

salary

of

Rs.

56

thousands.

Term of the office


The tenure of the post of the P.M is five years.
Powers and functions of the P.M
The powers and functions of the Prime Minister are as under:Chief Advisor of the President
The P.M is the chief advisor of the president. The president performs his duties with the consultation of the P.M.
Formation of Cabinet
The Prime Minister after taking oath select his cabinet. Every Minister, individually and cabinet as whole are
responsible for their acts to the parliament.
National Leader
The P.M is a national leader. He leads the nation and organizes the public opinion in favour of his party.
Leader of the cabinet
The PM is the leader of the cabinet. All the minister work under the supervision of the PM.
Leader of the House
The PM is the leader of the National Assembly. His proposals are honoured in the house. He expresses his views in
the Assembly.
Power to confer titles and awards
The PM has power to confer titles and awards to those who show excellent performance in different field of life.

Power of appointments.
The PM has power to appoint the high ranking officials with the approval of the president of Islamic republic of
Pakistan. He appoints diplomas, ministerial staff and judges of the Supreme Courts and the High Courts. He also
appoints the members of National Finance Commission etc.
Financial Powers
The PM also performs finance matters. The budget is prepared under his supervision.
Public welfare
The PM works for the public welfare. He takes every possible step to improve the life style of the people of his
country.
Foreign Relation
The foreign policy is prepared under his guidelines. The diplomats are appointed by the president on the
recommendations of the PM.
Power of Legislation
The PM takes part in legislation. All proceedings are conducted with the consent of the PM. He plays a vital role in
law making.
Administrative Duties.
The PM performs the administrative function. He is responsible for the smooth running of the affairs of the country.
He maintains law and order in the country.
Defence of the country
The PM is responsible for the defence of the country. He can take step to improve the defence system of the country.
Power to Dissolve the National Assembly
The PM can ask the president to dissolve the national assembly.
Party head
The PM is the party head. He belongs to party who has majority in the house. He has his political significance.
Power to terminate ministers
The PM if not satisfied with the function of his minister he can terminate them.
Bridge between president and Cabinet
The PM is a link between president and cabinet. The PM is duty bound to inform the president about work of cabinet.
Representative of the Nation
The

PM

is

representative

of

the

nation

in

international

level.

Resign of Prime Minister


The PM may tender his resignation to the president as and when he desires so. After PM has resigned all the minister
shall seased to hold offices.
Termination/ Vote of no confidence against Prime Minister

Under the present procedure, a resolution for a vote of no confidence can be moved by not less than twenty percent
of the total membership of the National Assembly. The resolution shall not be voted upon before the expiration of
three days, from the day on which such resolution is moved in the national assembly.
Acting Prime Minister
On the death, sickness leave, resignation or foreign tour of the PM the senior minister look after the work.
Ending Remarks
While summing up it can be said that the PM is the real executive of the country. He has strong constitutional
position. The PM is the Chief Advisor of president. He is the leader of the house and elected for the term of 5 years.
He can be removed from his office be passing a resolution of vote of no confidence against him.

Q. Write a comprehensive note on the powers and position of president of Pakistan


under

the

constitution

(1994/A)

of

Pakistan

1973?

(1997/S)

(2004/S)

1.

Introduction:

In the constitution of 1973 parliamentary system was introduced in the country. the head of
the state is called president. he runs the business of the state through the prime minister.
2.

Relevant

provisions:

Article 54, 58-2B, 56-1, 58-1, 75, 89, 45, 232-235, 153, 155, 213-221, 101, 92, 91 2(a)
213,

243,

3.

242,

156,

Constitutional

160,

position

243(a)

of

243-2.

the

president:

The president is only a constitutional head of the state. the constitution declares that the
president
4.

shall

act

Powers

I.

in

and

accordance

functions

or

Legislative

(a)

with

the

advice

duties

of

of

the

president

powers

prime
of

Pakistan:

and

Summoning

minister.
functions:

of

parliament:

The president has power to summon either or both houses of parliament in a joint sitting to
meet

at

such

(b)

time

and

place

Address

as

he

thinks

the

fit.

parliament:

The president may address either house of the parliament and may require the attendance
of

all

(c)

Right

The

members
of

president

(d)

for

the

speak

has

right

Dissolution

purpose.

in

to

parliament:

speak

of

in

parliament.

national

assembly:

The president of Pakistan may dissolve the national assembly at his own discretion:
(e)
The

Promulgation
president

is

of

empowered

ordinance:

to

promulgate

ordinance.

(f)Referendum:
The president is empowered to hold referendum if the there is matter of national
importance.
(g)
The

Appointment
president

is

II:

Judicial

(a)

Appointment

Chief

Justice

of

Supreme

of
empowered

care-taker
to

appoint

powers
of
Court

Chief
of

Pakistan

cabinet:

care-taker

and
Justice
is

appointed

cabinet.
functions:

of
by

Pakistan:
the

president.

(b)
The

Appointment
president

(c)
Chief

Justice

of

is

(f)

is

by

of

to

Determination

the

Pakistan.
court:

of

Pakistan.

high

judge

in

court:

high

court.

High

additional

of

of

president

of

appoint

court:

high

in

each

judges

court

of

judge

appointment

supreme

supreme

Justice

each

empowered

the

the

appointed

of

Additional
president

in

in

Chief

court

makes

judge

judge

of

high

president

each
each

Appointment

(e)
The

appoints

Appointment

(d)
The

of

judge

court:

of

salaries

high

courts.

of

judges:

The president determines and approves the salaries of judges of supreme court.
(g)
The

President's
president

can

power

condone

(h)

or

to

reduce

grant

the

pardon,

punishment

Transfer

given

by

etc.

the

of

courts.
judges:

The president can transfer the judge of one high court to another high court in the country.
III:

Foreign

(a)
The

Settlement
president

has

(b)

Appointment

The

president

IV.

settle

president

is

of

the

representative

Attorney

general

(d)
(f)

of

(g)

of

appoints

Members
president

(h)

Member
president

the

is
of

members

the

member

of
the

country.
Provinces:

of

provinces.

of

Pakistan:
by

finance

president.
commission:

national

finance

commission.

of

Islamic

ideology:

of

council
of

of

member

the

of

of

Islamic

ideology.

common

council

national

V.

in

appointed

council

appoints

emergency

general

council

of

appoints

emergency:

national

member

nation.
functions:

governors

Pakistan
of

Members

united

Governors

attorney

the

president

in

nation:

and

proclaim

the

Member
appoint

to
of

Appointment

united

of

empowered

affairs.

ambassadors.

in

powers

appoints

foreign

the

representatives

Appointment

(c)

the

Ambassadors:

appoints

Proclamation

President

The

to

patters:

of

Executive

(b)

The

power

appoints

(a)

The

the

president

(c)

He

of

Appointment

The

The

affairs:

of

interest:

common

interest.

economic

of

national

council:

economic

council.

Military

(a)

Powers:

Declaration

President

of

Islamic

(b)

republic

of

of
Pakistan

is

empowered

Settlement

President
(c)

plays

an

important

Appointment

of

war:
to

declare

of
role
Chief

in

the

war.

Peace:
settlement

of

Armed

of

peace.
Forces:

Presidents appoints the chief of Army staff, chief of the Chief of navel staff and air force of
Pakistan.
(d)

Send

the

Army

for

the

help

of

other

countries:

President can send the army for the help of other countries and in untied nations.
5.

Conclusion:

To conclude I can say that; the president of Islamic republic of Pakistan is the constitutional
head of the state. he is elected by the joint session of the parliament. he is elected for the
period of 5 years. the president runs the business of the state through prime minister. he
can dissolve the national assembly.
.

WHAT ARE THE QUALIFICATIONS FOR ELECTION TO


THE

OFFICE

OF

PRESIDENT?

WHAT

IS

THE

PROCEDURE FOR THIS ELECTION?


Qualification for election to the office of president
It is incumbent upon the President not to hold any office of profit or
occupy any position which carries the right to remuneration. The
President is also constitutionally restrained to a candidate for
election as a Member of Parliament or a Provencal Assembly. On the
other hand if a Member of Parliament or a Provencal Assembly is
elected as President, he will cease to hold his out in the Parliament
or the Provencal Assembly, as the case may be, on the day be
enters upon his office, as President.
According to Article 43
1).

The President shall not hold any office of profit

in the service of Pakistan or occupy any other


position carrying the right to remuneration for the
rendering of services.

2).The

President shall not be a candidate for

election as a member of Parliament or Provencal


Assembly and if a member of Parliament or, a
Provencal Assembly is elected as President, his
seat in Parliament or as the case may be, the
Provencal Assembly Shall become vacant on the
day he enters upon his office.

Qualifications
1). He is Muslim.
2). He is not less than forty five year of age.
3). He is qualified to be elected as a member of the National
Assembly.

Explanation
The question whether a person is eligible for
election is to be determined by the Chief Election
Commission, and when a person has been declared
to have been duly elected as President, the validity
of the election cannot be called in question by or
before any court or other authority in any manners
whatsoever.
Term of office of President
According to Article
1). Subject to the constitution, the President shall hold office for a
term five year from the day of enters upon his office Provided that
the President shall, not withstanding the expiration of his term,
continue to hold office until his successor enters upon his office.
2).Subject to the constitution, a person holding office as President
shall be eligible for re-election to that office, but no person shall hold
that office for more than two consecutive terms.
3).The President may, by writing under his hand addressed to the
speaker of the National Assembly resign his office.
Explanation

The

present

constitution

envisages

that

the

president shall be elected by the members of parliament, i.e.


members of the Provencal Assemblies in a joint sitting, by secret
ballot, in accordance with the provision of the second schedule. If
there are only two candidates, the candidate who has secured the
large number or votes shall be declare by the Election Commissioner

to be elected. If there are three or more candidates and one of them


has secured a larger number of votes than the aggregate numbers
of votes secured by the rest of the candidates, he shall be declare to
be elected. If there are three or more candidates and no candidate
has secured the number of votes specified above, a fresh poll shall
be hold.
Article 41 The President is elected under article 41 of the
constitution through an elected college, consisting of members of
the two Houses of Parliament and four Provencal Assemblies.

Provision of Article 41(7) is intended to serve a


particular situation relating to a particularized
President term of office of the President having
been provided for by Article 44 as five years from
the date he enters upon his office, would equally
apply to the President elected one the occurrence
of vacancy or otherwise as no distinction in this
behalf is made in any provision governing the
subject and Article 41(7) does not detract from the
validity of this view.
Power of President
The

President

in

the

present

constitution

is

constitutional head of the state. The executive


authority of the federation is to be exercised in his
name. The President has been given wide power by
the constitution. The most important power which
has been given to the President in the constitution
is the power of proclamation of emergency. The
President is satisfied that security of the country or
any part of it is threatened by war or external

aggression or by internal disturbance may issue a


proclamation

of

emergency

is

in

force,

the

President may, by order, declare that the right to


move

any

court

for

the

enforcement

of

fundamental rights shall remain suspended. He can


also assure himself, or direct the governor of the
province to assume on his behalf the control of all
or any of the functions of the government of a
Provision of the Province cannot be carried on in
accordance with the provision of the constitution.
.
The Eighteenth Amendment of the Constitution of Pakistan (Urdu: )
was passed by the National Assembly of Pakistan on April 8, 2010,[1] removing the power of
the President of Pakistan to dissolve the Parliament unilaterally, turning Pakistan from a semipresidential to a parliamentary republic, and renaming North-West Frontier Province to Khyber
Pakhtunkhwa.[2] The package is expected to counter the sweeping powers amassed by the
Presidency under former Presidents General Pervez Musharraf and General Muhammad Zia-ulHaq and to ease political instability in Pakistan. [3][4] The bill reverses many infringements on
the Constitution of Pakistan over several decades by its military rulers.[3] The amendment bill was
passed by the Senate of Pakistan on April 15, 2010 and it became an act of parliament when
President Asif Ali Zardariput his signature on the bill on April 19, 2010. It was the first time in
Pakistan's history that a president relinquished a significant part of his powers willingly and
transferred them to parliament and the office of the prime minister.

Background[edit]
The power of the President to dissolve the Parliament was enacted by the Eighth Amendment to the
Constitution of Pakistan during the presidency of Gen. Muhammad Zia-ul-Haq, before it was
removed by then-Prime minister Nawaz Sharif during his second term by the Thirteenth Amendment.
It was finally restored during the presidency of Gen. Pervez Musharraf by the Seventeenth
Amendment.[2] This bill is the first bill since 1973 to decrease the powers of the President. [5]
Back then, this amounted to the only democratically elected parliament to fully complete its tenure in
the history of Pakistan from 20032008, albeit under Musharraf, who was a dictator in Pakistan. The
second complete parliamentary term was completed by the PPP led government from 2008-2013
which had in fact passed the 18th Amendment. However, this 2008-2013 term is often touted to be
the first complete democratic change of power without a military president or a coup de etat in
Pakistan.[4]

Changes to the Constitution[edit]

Some new features were also introduced into the constitution, including the following:

The name of the former president of Pakistan, Gen Zia, has been removed from the text of
Constitution

North-West Frontier Province has been renamed Khyber-Pakhtunkhwa

The 17th Amendment and Legal Framework Order as introduced by Musharraf has been
repealed

The ban on third time prime ministership and chief ministership has been lifted

Holding constitution in abeyance is tantamount to high treason

The council of Common Interest (CCI) has been reconstituted with the prime minister as its
chairperson and the body should meet at least once in 90 days

A judicial commission will recommend the appointment procedure of superior judges and the
final names of judges will be decided by parliamentary commission

A Chief Election Commissioner will be appointed through consensus between treasury and
opposition

Establishment of Islamabad high court and benches of high courts in Mengora and Turbat

Impact[edit]
292 of the 342 members of the National Assembly, the lower house of Parliament, voted in favour of
the amendment. The amendment turns the President into a ceremonial head of state and transfers
power to the Prime Minister,[6] and removes the limit on a Prime Minister serving more than two
terms, opening the way for Nawaz Sharif to run again. The North-West Frontier Province is
renamed Khyber Pakhtunkhwa, in accordance with the wishes of its Pashtun-majority population.
Among other changes, courts will no longer be able to endorse suspensions of the constitution, a
judicial commission will appoint judges, and the president will no longer be able to appoint the head
of the Election Commission.[3] The bill also enhances provincial autonomy.[7] The President will no
longer be able to declare emergency rule in any province unilaterally.[5]

Response[edit]
An editorial published in Dawn welcomed the amendment and urged parliament to go further and
undo

the

destructive

legacy

of General

Zia's

rule

and

re-examine

the Hudood

Ordinance and Blasphemy law in Pakistan.[8] Ahmed Kurd, former president of the Supreme Court
Bar Association of Pakistan, said "We fully support the 18th Amendment. It is tantamount to the
overhauling of the constitution, which had been subverted by military dictators since its inception. In
the past, parliaments have just been 'rubber stamps', whereas the present parliament seemed to be
well aware of its obligations, and therefore, was 'throwing out' the 'unconstitutional' amendments." [9]

Parliament should declare the 17th Amendment to the Constitution


and the Legal Framework Order (LFO) given by a dictator as without
any legal authority and should be repealed.
NWFP should be renamed as Khyber Pakhtoonkhwa.
Good Governance by restricting the size of the Cabinet in to 11 per cent of
the members of Parliament and respective Provinces.
Four seats, one from each province, should be allocated in the Senate for the
minorities to increase their strength.
It has been recommended that education to each child up to the age of 16
years be made compulsory.
Formation of the council of common interests should be revised with prime minister as
its chairman. The council should meet at least once in 90 days besides abolition of the
Concurrent List.
Prime Minister shall keep the president informed on all matters of internal and foreign
policy and on all legislative proposals the federal government intends to bring before the
Majlis-e-Shoora (parliament).
President could use the power of dissolution of the National Assembly
when a vote of no-confidence having been passed against the prime
minister, no other member of the National Assembly commands the confidence of the
majority of the members of the National Assembly, in accordance with the provisions of
the Constitution, as ascertained in a session of the National Assembly for the purpose.
For the determination of his civil rights and obligations or in any criminal charge against
him, a person shall be entitled to a fair trial and due process.
Under-representation of any class or area in the service of Pakistan may be redressed
in such manner as may be determined by an act of Majlis-e-Shoora (parliament).
Restriction imposed on the attorney general for doing private
practice.
Inexpensive and expeditious justice should be ensured to the people as also the right of
access to information without any hurdle.
The prime minister shall, in consultation with the leader of the opposition in the National
Assembly,

forward

three

names

for

appointment

of

the Chief

Election

Commissioner to a parliamentary committee for hearing and confirmation


of any one person.

The parliamentary committee, to be constituted by the speaker,


shall comprise 50 per cent from the opposition parties, based on
their strength in Parliament to be nominated by the respective parliamentary
leaders. In case there is no consensus between the prime minister and the leader of the
opposition, each shall forward separate lists to the parliamentary committee for
consideration, which may confirm one name.
The total strength of the parliamentary committee shall not exceed 12 members out of
which one-third shall be from the Senate. Provided that when the National Assembly is
dissolved and a vacancy occurs in the office of the chief election commissioner, the
parliamentary committee shall comprise the members of the Senate only.
There shall be no restriction on the number of terms for the offices of the
prime minister and chief ministers.
Prime minister would advise the president on appointment of the chairman of
the chiefs of staff committee and chiefs of three armed forces.
The Senate shall consist of 104 instead of 100 memberswith the addition of one
minority member from each province.
Working days of the Senate have been increased from 90 to 110.
Restriction on a person who has been dismissed from the service of Pakistan, service of
a corporation or office set up or controlled by the federal government or the provincial
government on ground of misconduct has been lifted. According to this amendment, a
person could be elected as MP, three or five years after dismissal from the service.
A person shall be disqualified from being elected or chosen as, and from being, a
member of parliament if he has been dismissed from the service of Pakistan or service
of a corporation or office set up or, controlled, by the federal government, the provincial
government or a local government on ground of misconduct, unless a period of five
years since his removal or dismissal; or unless a period of three years has elapsed
since his removal or compulsory retirement.
The restriction on a person being elected as member of parliament, who has been
convicted by a court of competent jurisdiction for propagating any opinion, or acting in
any manner, prejudicial to the ideology of Pakistan, or the sovereignty, integrity or
security of Pakistan, or integrity or independence of the judiciary of Pakistan, or which
defames or bring into ridicule the judiciary or the armed forces of Pakistan, unless a
period of five years has elapsed since his release.
Chairman of the Federal Public Service Commission would be appointed by the
president on the advice of the prime minister (credit george). Similarly, chairmen of the

provincial public service commissions would be appointed by the governors on the


advice of chief ministers.
Proclamation

of

emergency

disturbances

would

require

in
a

the

province

resolution

due

from

to

the

internal

provincial

assembly.
If the president acts on his own, the proclamation of emergency shall be placed before
both houses of parliament for approval by each house within 10 days.
On dissolution of the assembly or completion of its term, or in case it is dissolved under
Article 58 or Article 112, a caretaker shall be selected by the president in
consultation

with

the

prime

minister

and

the

leader

of

the

opposition in the outgoing National Assembly. Similarly, a caretaker chief


minister will be appointed in consultation with the chief minister and the leader of the
opposition in the outgoing provincial assembly.
Proclamation of emergency of the fourteenth day of October, 1999,
the Provisional Constitution Order (PCO) No 1, the Oath of Office
(Judges) Order, 2000, Chief Executive Order No 12 of 2002, Chief
Executive Order No 19 of 2002, the amendments made in the
Constitution through LFO, 2002, (Chief Executive Order No 24), the
LFO (Amendment) Order, 2002, Chief Executives Order No 29 of
2002)

and

the

LFO

(Second

Amendment)

Order,

2002

(Chief

Executive Order No 32 of 2002), notwithstanding any judgment of


any court, including the Supreme Court or a High Court, are hereby
declared as having been made without lawful authority and of no
legal effect.
Judges of the Supreme Court, High Courts and Federal Shariat Court who were
continuing to hold the office of a judge or were appointed as such, and had taken oath
under the Oath of Office (Judges) Order 2000, shall be deemed to continue to hold the
office as judge or appointed as such as the case may be, under the Constitution and
such continuance or appointment, shall have effect accordingly.
Appointment of judges to the Supreme Court, there shall be a
judicial commission. For appointment of judges of the Supreme
Court, the commission, headed by the chief justice of Pakistan, shall
also consist of two most senior judges of the apex court, a former
chief justice or a former judge of the Supreme Court to be appointed
by the chief justice in consultation with two member judges for a
period of two years, federal minister for law and justice, Attorney
General for Pakistan, and a senior advocate of the Supreme Court of

Pakistan to be nominated by the Pakistan Bar Council for a period of


two years.
The judicial commission for the appointment of High Court judge, headed by the chief
justice of the High Court, would also include two most senior judges of the High Court,
provincial law minister, a senior advocate to be nominated by the provincial bar council.
For appointment of judges of the Federal Shariat Court, the judicial commission shall
also include the chief justice of the Shariat Court and the most senior judge of that court
as its members.
Article 58-2(b) should be repealed and substituted with Dissolution
of the National Assembly.
The substitution clause says that the president shall dissolve the
National Assembly if so advised by the prime minister, and the
National Assembly shall, unless sooner dissolved, stand dissolved at
the expiration of forty-eight hours after the prime minister has so
advised. Notwithstanding anything contained in Clause 2 of Article
48, the president may also dissolve the National Assembly in his
discretion where, a vote of no-confidence having been passed
against the prime minister, no other member of the National
Assembly commands the confidence of the majority of the members
of the National Assembly in accordance with the provision of the
Constitution, as ascertained in a session of the National Assembly
summoned for the purpose.
Passing of the bills: Recommended substitution in Article 70 with introduction of
passing of bills, adding that a bill with respect to any matter in the Federal Legislative
List may originate in either house and shall, if it is passed by the house in which it
originated, be transmitted to the other house and if the bill is passed without
amendment by the other house also, it shall be presented to the president for assent.
Bills presented in the house but not passed within 90 days of laying in the House shall
be considered in a joint sitting of parliament.
Islamabad High Court to be established and the judges of the
Islamabad High Court should be taken from the federal capital and
four provinces.
.
19th Amendment

Introduction
Parliamentary Committee on Constitutional Reforms Chairman Senator Raza Rabbani
presented a report with the draft of the 19th Amendment bill to incorporate Supreme
Courts recommendations in the mechanism of the appointment of judges in the superior
courts

in

the

National

Assembly

on

21st

December,

Amendments

2010.
proposed

By amending Article 182 of the constitution, the 19th Amendment has withdrawn powers
from the chief justice of Pakistan for the appointment of ad hoc judges and transferred them
to the Judicial Council of Pakistan (JCP). Under the proposed bill, the president will now
carry

out

the

appointments

on

the

recommendation

of

the

JCP.

The committee has also amended clause 2 of the Article 175-A and now under the proposed
amendment, four instead of two most senior judges will be appointed in the JCP.
Speaking after presenting the report in the House, Rabbani said the committees unanimous
report reflected political maturity and seriousness of all parliamentarians and those having
representation

in

the

reforms

committee.

In draft the committee proposed 26 amendments in six articles of the constitution including
articles

81,

175,

175-A,

182,

213

and

246.

By rectifying a disagreement in the 18th Amendment, the constitutional reforms committee


made an amendment in Article 246 of the constitution in the proposed bill through which the
Tribal Areas, adjoining Laki Marwat and Tank districts, have be declared a part of FATA.
The committee also proposed that the formerly called High Court for the Islamabad Capital
Territory be now named the Islamabad High Court by introducing amendments in articles 81
and

175.

To remove the Supreme Courts apprehensions on the future of the Parliamentary


Committee for Appointment of Judges in case the National Assembly was dissolved, the
constitutional reforms committee proposed an amendment in Article 175-A through which
the parliamentary committee comprising senators will take decisions with regards to
appointment

of

judges.

The 19th Amendment Bill also proposed an amendment in Article 175-A which binds the
parliamentary committee to justify its decision in case it rejected any nominee of the
Judicial

Commission

for

the

appointment

of

judges.

By amending clause 13 of the Article 175-A, the committee included the prime minister in
the appointment of judges. Under the 19th amendment draft bill, the parliamentary
committee shall send the name of the nominee confirmed by it or deemed to have been
confirmed

to

the

prime

minister

who

shall

forward

it

to

the

president.

Earlier, in the 18th Amendment, the prime minister had no role and the parliamentary
committee

had

to

forward

the

nominees

to

the

president.

The 19th Amendment bill also proposed that committee meetings will be held in camera and
a

record

of

its

proceedings

shall

be

maintained.

The parliamentary committee will be allowed discuss and consider the conduct of judges but
parliament

would

not

be

allowed

to

discuss

the

conduct

of

judges.

The criterion for the representation of the provincial bar councils in the Judicial Commission
for the selection of the chief justices of high courts has also been explained.
The senior advocate of the provincial bar council with 15 years of experience will be included
in

the

JC.

In the 19th Amendment bill, the constitutional reforms committee has also proposed
amendments composition of judicial commission for the appointment of judges of the high
court.
A judge who happens to be a candidate for the post of chief justice wont sit with the high
court chief justice and two most senior judges in the JCP. The chief justice of Pakistan, in
the absence of provincial chief justice, shall include a former chief justice or a judge in the
JCP in consultation with the four senior-most judges included in the JCP, the amendment
says.
000000000000000000000000000000

The National Assembly has unanimously passed the 20th Constitutional Amendment. It was a
historic day as the democratic government achieved another milestone by proposing and
approving the 20th amendment with the consensus of all the stakeholders. The passage of the
20th Constitutional Amendment has strengthened democracy. A precedent has been set for all
to follow. The PPP government has continued its tradition of following a policy of reconciliation
as 18th and 19th amendments were also passed by the parliament with full consensus. The
unanimous passage of 18th, 19th and 20th amendments has restored a genuine parliamentary
system in the country and has ensured more autonomy to provinces. 247 members from both
the government and opposition benches in the lower house voted for the amended version of
the bill. No members present in the house voted against it.The amendment has set down a
process to install a caretaker set-up and hold free and fair elections in the future. Through this
PPP government has ensured free, fair and transparent elections in the country for future
generations and an independent Election Commission. It is democratic governments credit that
from now on there will not be any imported caretaker prime minister in this country. Even a
minor role for appointing the caretaker prime minister to hold general elections has been
eliminated by the 20th Constitutional Amendment.The Parliament has given the Election
Commission of Pakistan such powers which have no parallel in the world. The 20th
Constitutional Amendment Bill 2012 has given the ECP sweeping powers by minimizing the
governments direct role in the appointment and removal of its members. Under the new
mechanism of choosing caretakers, as envisaged by the amendment, both the prime minister
and the leader of the opposition in the National Assembly would hold a consultation on the
matter. The process of finalizing names must be completed within three days of the assembly
being dissolved. In case the premier and the opposition leader fail to agree, an eight-member
committee comprising four members from both sides will come up with its suggestions. If this

panel also fails to agree, the ECP will then be empowered to send names to the president.The
amendment also envisaged that four members, one from each province, would be chosen for
five years and the government would have to follow the same procedure to seek their removal,
as is the case with High Court judges. An incumbent prime minister or chief minister will
continue to hold office till the appointment of their replacements. The amendment also allows
political parties to make additional nominations to their lists for parliamentary seats reserved for
women and minorities if an existing list is exhausted. The bill now needs passage through
Senate to become effective. SHUAIB AHMED WADHO, Islamabad, February 15.
..
ISLAMABAD: The National Assembly on Thursday approved 22nd Amendment in the Constitution
of Pakistan with 236 votes, ARY News reported.

Federal Minister of Law Zahid Hamid after passage of the amend unanimously,
congratulated the house. He also said that a report on the electoral reforms will be
tabled in the National Assembly.
The 22nd constitutional Amendment involves procedure to be adopted for the
appointment of Chief Election Commissioner (CEC) and members of the Election
Commission of Pakistan (ECP).
The amendment is based on the recommendations of the Parliamentary Committee on
Electoral Reforms regarding the qualification and other prerequisites for the CEC and
the members of the ECP.
According to the amendment, a retired judge of the Supreme Court, a senior bureaucrat
or a technocrat would be elegible for appointment as the Chief Election Commissioner.
A retired judge of any high court will also be eligible for the office.
The Prime Minister and the Leader of the Opposition if fail to agree over a candidate,
they could dispatch their recommendations separately to the parliamentary committee,
which would have the final say in the matter.
Each province would have one member in the Election Commission and two members
of the ECP will stand retired after two and a half years, while the other two would retire
after the next two and a half years.
..

ISLAMABAD: The Senate on Thursday passed the 22nd amendment bill, changing the
eligibility criteria for the chief election commissioner (CEC) and four members of the Election
Commission of Pakistan (ECP).
As many as 71 members voted for the constitution amendment bill after a number of senators,
both opposition and treasury members, lashed out at the government for not giving them
sufficient time to review the law, which had already been passed by the National Assembly.

Thanks to the amendment, civil servants and technocrats have now become eligible for
appointment as the CEC and ECP members, in addition to serving or retired judges of the
superior courts.
The bill has set an age limit of 68 years for the CEC and 65 years for the ECP members. Besides
this, two of the four ECP members this year will have to retire after completion just half of their
five-year term and lots will be drawn to determine who will be the ones to retire early.

House witnesses controversy over numbers

During a general debate on the bill after it was presented by Law Minister Zahid Hamid, senators
criticised the government for tabling the bill at the eleventh hour, as four ECP members were
about to retire in a weeks time, leaving them with no option but to vote for it.
Pointing out a number of flaws in the bill, senators called it a poorly-drafted law, but said they
had to vote for the bill because they had made a commitment with the government and agreed
with its basic objectives.
Despite its passage from both houses of parliament, experts believe that with Prime Minister
Nawaz Sharif recovering from his surgery it will be nearly impossible for the government and
opposition to reach a consensus on names of new appointees before the retirement of the
incumbent ECP members.
The government had convened the Senate session on Thursday between the presidents
address to a joint sitting of parliament and the presentation of the federal budget to ensure the
presence of a maximum number of members in order to ensure the passage of the constitution
amendment.
Opposition Leader Aitzaz Ahsan said the opposition had certain objections to the bill, but they
had decided to vote for it under compulsion since the incumbent members of the ECP were set
to retire on June 10.
Former law minister Babar Awan regretted that the members were passing the bill under the
doctrine of necessity.
MQMs Tahir Mashhadi said hurried legislation was always considered bad legislation.
ANPs Shahi Syed staged a walkout from the house in protest, saying that he would not vote for
the bill. However, he later returned to the house and even voted for the bill alongside other
members of his party.

Finance Minister Ishaq Dar, who is head of the parliamentary committee on electoral reforms
which prepared the bill, dispelled the impression that it was being imposed on the Senate, saying
that it had been unanimously passed by the representatives of all political parties in the 34member parliamentary committee following lengthy deliberations. The committee, he said, had
11 members from the Senate.
Controversy
The passage of the amendment bill also witnessed a controversy. The presence of at least 70
senators is required in the 104-member house for the passage of a constitution amendment.
However, the decision of Senator Mohsin Leghari during a clause-by-clause review to oppose
three clauses of the bill due to the rejection of his proposed amendments made the process
controversial.
Chairman Raza Rabbani announced that 69 members had voted in support of clauses 2, 4 and 5
of the bill, whereas one member had cast his vote against them.
Mr Awan later told reporters that the bill had been passed unconstitutionally as votes on three
clauses of the bill remained less than the required two-thirds strength of the house.
Drone strike
Later, members took part in a debate on the drone attack in Balochistan that killed Taliban leader
Mullah Mansour. Besides condemning the US for violating the countrys sovereignty, opposition
senators questioned the presence of Mullah Mansour on Pakistani soil, with a Pakistani passport
and CNIC.
They asked the government to say clearly whether the US was a friend or foe and alleged that the
US wanted to sabotage the ongoing peace process in Afghanistan through such attacks.
Winding up the debate, PMs Adviser on Foreign Affairs Sartaj Aziz said the government had
decided to raise the issue of drone attacks at the International Human Rights Council.

236 members vote in favor, no vote cast against the 22nd Amendment;
Amendment gives final word to parliamentary committee if PM, opposition leader
cant agree on a decision

All provinces to have one representative each in the committee; Bureaucrats,


technocrats, serving judges can now be named members of the commission, in
addition to retired judges

The National Assembly on Thursday unanimously passed the 22nd Amendment in the
Constitution of Pakistan. The bill aims to amend the procedure for the appointment,
qualifications and other prerequisites for the chief election commissioner and members of
the Election Commission of Pakistan (ECP). The amendment also sets the maximum age
limit for the chairman and members at 68 and 65 years, respectively.
Every province will be represented in the Election Commission as one member each will
come from every province. Previously, all the members of the Commission retired on the
same day, after the 22nd amendment the EC will work around the year. During the 5 years
term two members will retire after 2.5 years and the other two will retire after 5 years. For
the first term, the Commission will draw lots to choose the two members to retire after 2.5
years.
The amendment titled, The Constitution (Twenty-Second Amendment) Bill, 2016 was
introduced in the house by Minister for Law and Justice Zahid Hamid.
Previously, the constitution stipulated that only former judges of the Supreme Court or High
Court were qualified to be considered to become members of the Chief Election
Commissioner. However, after the amendment a retired judge, or an on-duty one, a former
senior bureaucrat and even a technocrat can be made members of the Election
Commission.
In case the prime minister and the leader of the opposition do not reach a consensus over
the person to be appointed as chief election commissioner, both will send separate
recommendations to the parliamentary committee for consideration, whose decision in this
regard will be deemed final.
Finance Minister, Ishaq Dar who also chairs the Parliamentary Committee on Electoral
Reforms and Law Minister Zahid Hamid congratulated the nation and said that the passage
of the bill unanimously is a historic moment in the countrys constitutional history.
After the 22nd amendment the preparation of electoral rolls for the election of local bodies
and delimitation of previous constituencies will be the responsibility of the Election
Commission as well. Previously, in the absence of the chief election commissioner, the
second senior most judge of the Supreme Court would become the acting CEC. After the
amendment the senior most member of the Election Commission will act as the acting CEC.
The current four members of the Election Commission of Pakistan will retire on June 10.

Minister for Law and Justice Zahid Hamid and Finance Minister Muhammad Ishaq Dar said
it is a historic occasion that the 22nd Amendment in the constitution has been passed
unanimously.
They congratulated all the parties and members of the Parliamentary Committee on
Electoral Reforms for creating consensus and passing the bill.
Zahid Hamid said electoral laws will soon be finalised by the committee.
Earlier, the House suspended the question hour to take up legislative business.
The 22nd Amendment Bill amended articles 211, 213, 215, 217, 218, 219 and 222 of the
Constitution of Pakistan.

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