Comments on: Zardari dancing to the tunes of the Establishment http://www.pakspectator.com/zardari-dancing-to-the-tunes-of-the-establishment/ A Candid Blog Sat, 20 Mar 2010 21:49:35 +0000 http://wordpress.org/?v=2.7 hourly 1 By: Abdul Rehman http://www.pakspectator.com/zardari-dancing-to-the-tunes-of-the-establishment/comment-page-1/#comment-13656 Abdul Rehman Sun, 27 Apr 2008 10:10:34 +0000 http://www.pakspectator.com/zardari-dancing-to-the-tunes-of-the-establishment/#comment-13656 Musharaf is a curse for pakistan. Musharaf is a curse for pakistan.

]]> By: Abdul Rehman http://www.pakspectator.com/zardari-dancing-to-the-tunes-of-the-establishment/comment-page-1/#comment-13654 Abdul Rehman Sun, 27 Apr 2008 10:08:13 +0000 http://www.pakspectator.com/zardari-dancing-to-the-tunes-of-the-establishment/#comment-13654 Zardari is really not a graduate . i have details . Zardari is really not a graduate . i have details .

]]> By: Saleem Khan http://www.pakspectator.com/zardari-dancing-to-the-tunes-of-the-establishment/comment-page-1/#comment-13558 Saleem Khan Sat, 26 Apr 2008 05:49:32 +0000 http://www.pakspectator.com/zardari-dancing-to-the-tunes-of-the-establishment/#comment-13558 For Pro Musharraf people, every thing is positive when it tilts toward injustice, illegal, unethical and badmasi. This Aashique of musharraf and Aftab are same men who were used to abuse PPP and PMLN but today they are having some hope that Mushi will survive so they started calling Zardari good man. Please wait for few days before giving verdict. Afterall you people are supporting a man who himself broked promises lot of times then how you can keep stick to one point. carry on, we will not let Mushi to rule. Its clear and final. For Pro Musharraf people, every thing is positive when it tilts toward injustice, illegal, unethical and badmasi. This Aashique of musharraf and Aftab are same men who were used to abuse PPP and PMLN but today they are having some hope that Mushi will survive so they started calling Zardari good man. Please wait for few days before giving verdict. Afterall you people are supporting a man who himself broked promises lot of times then how you can keep stick to one point. carry on, we will not let Mushi to rule. Its clear and final.

]]> By: Aashique of Musharraf http://www.pakspectator.com/zardari-dancing-to-the-tunes-of-the-establishment/comment-page-1/#comment-13534 Aashique of Musharraf Fri, 25 Apr 2008 20:43:03 +0000 http://www.pakspectator.com/zardari-dancing-to-the-tunes-of-the-establishment/#comment-13534 Asif Zardari is not a selfish person; whatever has he gained from President Musharraf he is bound to return in a better way I presumed, as somene rightly said he is 'Yaron ka yar hey'. And this is a positive aspect of his personlity I must say! Asif Zardari is not a selfish person; whatever has he gained from President Musharraf he is bound to return in a better way I presumed, as somene rightly said he is ‘Yaron ka yar hey’.

And this is a positive aspect of his personlity I must say!

]]> By: Aftab S. Alam http://www.pakspectator.com/zardari-dancing-to-the-tunes-of-the-establishment/comment-page-1/#comment-13506 Aftab S. Alam Fri, 25 Apr 2008 19:15:55 +0000 http://www.pakspectator.com/zardari-dancing-to-the-tunes-of-the-establishment/#comment-13506 Aitzaz warning: DAWN April 24, 2008: He ought to know that the Constitution dictates what the law is until there is an amendment; he also ought to know that advising the High Court from picket line is subjudicing a case / a petition and it amounts to contempt of court. But I suppose when desperate, even the old dogs forget the old tricks that is run for shelter. Aitzaz warns of long march if judges not restored By Our Staff Reporter (DAWN – Friday 25, 2008) ISLAMABAD, April 24: Supreme Court Bar Association (SCBA) president Aitzaz Ahsan has warned that lawyers would launch a long march if deposed judges were not restored through a resolution in the National Assembly. The meeting also endorsed the Murree Declaration for the restoration of deposed judges within one month after the formation of the government through a resolution in the assembly. “We consider the deposed judges as the rightful and constitutional judges,” he said, adding that their reinstatement should not be linked to any constitutional package to be adopted through a two-thirds majority in both houses of parliament. “There is no mention of such constitutional amendment in the Bhurban Declaration,” he said. About the filing of a petition in the Islamabad High Court (IHC) against the tabling of a resolution on the judges’ issue, he expressed the hope that the high court, which was created through an extra-constitutional measure during the emergency rule, would not entertain it. The petition was filed on Thursday in the IHC seeking a restraining order against the tabling of a resolution on the reinstatement judges in the National Assembly, instead of a constitutional amendment bill.If the resolution is tabled, the speaker or the deputy speaker whosoever presides over the proceedings should be declared disqualified, the petition said. The high court is expected to take up the matter on Friday. “The option to hold a long march is still open, but no timeframe could be given at this stage.” Mr Ahsan said he would honour PPP’s decision on his pending application for a party ticket to contest the by-election for the NA-55 Rawalpindi seat. Aitzaz warning: DAWN April 24, 2008: He ought to know that the Constitution dictates what the law is until there is an amendment; he also ought to know that advising the High Court from picket line is subjudicing a case / a petition and it amounts to contempt of court. But I suppose when desperate, even the old dogs forget the old tricks that is run for shelter.

Aitzaz warns of long march if judges not restored
By Our Staff Reporter (DAWN – Friday 25, 2008)

ISLAMABAD, April 24: Supreme Court Bar Association (SCBA) president Aitzaz Ahsan has warned that lawyers would launch a long march if deposed judges were not restored through a resolution in the National Assembly.

The meeting also endorsed the Murree Declaration for the restoration of deposed judges within one month after the formation of the government through a resolution in the assembly.

“We consider the deposed judges as the rightful and constitutional judges,” he said, adding that their reinstatement should not be linked to any constitutional package to be adopted through a two-thirds majority in both houses of parliament. “There is no mention of such constitutional amendment in the Bhurban Declaration,” he said.

About the filing of a petition in the Islamabad High Court (IHC) against the tabling of a resolution on the judges’ issue, he expressed the hope that the high court, which was created through an extra-constitutional measure during the emergency rule, would not entertain it.

The petition was filed on Thursday in the IHC seeking a restraining order against the tabling of a resolution on the reinstatement judges in the National Assembly, instead of a constitutional amendment bill.If the resolution is tabled, the speaker or the deputy speaker whosoever presides over the proceedings should be declared disqualified, the petition said. The high court is expected to take up the matter on Friday.

“The option to hold a long march is still open, but no timeframe could be given at this stage.” Mr Ahsan said he would honour PPP’s decision on his pending application for a
party ticket to contest the by-election for the NA-55 Rawalpindi seat.

]]> By: Aftab S. Alam http://www.pakspectator.com/zardari-dancing-to-the-tunes-of-the-establishment/comment-page-1/#comment-13499 Aftab S. Alam Fri, 25 Apr 2008 18:39:10 +0000 http://www.pakspectator.com/zardari-dancing-to-the-tunes-of-the-establishment/#comment-13499 Aitzaz is an agitator and whoever advised him to shut up and go on with his agitation was absolutely right. An agitator is just that an agitator no more no less. Aitzaz is an agitator and whoever advised him to shut up and go on with his agitation was absolutely right. An agitator is just that an agitator no more no less.

]]> By: Dr Razahaider http://www.pakspectator.com/zardari-dancing-to-the-tunes-of-the-establishment/comment-page-1/#comment-13496 Dr Razahaider Fri, 25 Apr 2008 18:15:13 +0000 http://www.pakspectator.com/zardari-dancing-to-the-tunes-of-the-establishment/#comment-13496 please see this is part of conclusion and if detail is needed please revert with these article to the book of constitution, please see this is part of conclusion and if detail is needed please revert with these article to the book of constitution,

]]> By: Dr Razahaider http://www.pakspectator.com/zardari-dancing-to-the-tunes-of-the-establishment/comment-page-1/#comment-13495 Dr Razahaider Fri, 25 Apr 2008 18:13:34 +0000 http://www.pakspectator.com/zardari-dancing-to-the-tunes-of-the-establishment/#comment-13495 Explanation: THE LAY MAN OVERVIEW Article,41,44,47,58,70,89,90,232,233,234,235,236,237,239,248,267,268,270AA,270B,271,273 with their clauses and sections are all supportive to the president in all scenes of agitation and annoyance .Under such constitutional obligations expert in the field of law and legislation /judiciary , should liaison to impart their role in real democracy in order to throw the fetish and dictators from the throne of politics. The only way out to meet the challenge so to ensure secure way to democracy is to impeach in a manner as laid in the constitution and keeping all if and buts under strict observation, as the man ahead has created all mischief as per desire .Here I would like to emphasize to the literate population of Pakistan that “nothing but intellectual move can nib the evil in the bud”. In order to conclude the above discussion and its legal implementation, following points may be concluded in a lay man terminology which is the theme of my discussion so to familiarize individuals of what is their fate as destined by deliberate manipulation and rude traditional actions being conducted by these dictators on the gratitude of criminals of all time like sharif uddin pirzada . ü President is the head of the state, with all executive power.(article 41) ü Being elected after Electoral College i.e. both houses the senate, the assemblies (national and provincial), having mandate as president will continue the office for five years. Since the vote of confidence ,for further affirmation ,that was a prerequisite within one month of election has been duly passed by previous houses ,no action whatsoever disembark the individual from the said appointment .(Article 41 ,Article44 ). ü Validity of his election can not be challenged in any court or other authorities. (Article 41). ü Impeachment and removal of the president can only be initiated in the ground of physical or mental in capacity or on the charge of gross misconduct and violation of constitution.(Article 47) ü Joint sitting(national assembly and senate ) of 2/3rd majority can only initiate to impeach and unfit the office of the president .(Article47) ü The president may dissolve the national assembly on the advice of prime minister as well as at his own discretion. The decision to dissolve will be forwarded to Supreme Court to justify his opinion. (Article 58). Keeping a bird’s eye view on present scenario the sacked Supreme Court is under the hold of president and successors of the present judicial academy are already the blue eyed, who will hold the fort of president as well as their own to enjoy the position .under this situation, interpretation reveals the hidden fact that if democracy and constitution is to be safeguard previous judiciary is to be restored to hurdle this power to dissolve assemblies . ü Any bill in the federal legislative list or in concurrent legislative list is to be seconded by each houses without amendment and then to be put up to president for assent /approval. (Article, 70). ü President my take action and make and promulgate any ordinance as per circumstances with the same effect as an act and power of parliament. This ordinance will retain the weight age as if it was been presented by parliament. (Article 89). ü The executive authority by virtue of constitution lies in the hand of president and prevent parliament from execution, other than the president. (Article 90). ü In case of self assumed or real emergency, president has the power to suspend constitution and promulgate and execute emergency with suspension of fundamental rights. The same situation can also be put up by the governors the right to challenge will not be entertained in the court of law and parliament, (article 232,233,234,235,236,237). ü Amendment of constitution by bill should be processed with 2/3 rd majority to other house or senate. if the bill is passed by senate without amending it and with 2/3rd majority, it will be passed to the president for approval .if the bill is amended by senate it will again be reverted to the parliament for review and after its review and approval with 2/3rd majority it will be forwarded to the president for approval .amendments will not be questioned in any court of law on any ground whatsoever .(article 239) ü The president and all others as prime minister, federal minister, state minister, chief minister, provincial minister and governors, are not answerable to any court, in the line of their duties and power to implement their functions. they can not be charged with any criminal proceeding ,arrest or imprisonment from any court during official terms .(article248)ü Any law in the form of order will be presumed to be effective from the time of commencement and will remain in force even if it is disapprove by house or both houses till it is passed by the houses as per appropriate laid down method(Article 67). ü Only appropriate legislative authority can amend all existing laws. Laws specified in 6th schedule will not be altered without the prior sanction of the president. Under the umbrella weather the law is operational or not it will keep the weight and force of the law. (Article 268). ü After the proclamation of emergency on October 14, 1999, all orders made thereafter including amendments, orders notification etc will continue to be dealt as constitution and made under good fate and any appointment secondment deputation rules and regulation made after 12 October 1999, have been validly made during and after and will not be challenged or ask in any court of law. Under the heading orders will continue to hold position until it is repealed or amended by competent authority, whereas competent authority here is the president and not the houses. (270AA). ü All orders done between 5th day of 1977july will always be deemed and validly being made and will not be asked in any court of law on any ground whatsoever .Article 270B). ü All president order, ordinance, regulations etc will not be altered until by competent authority or per appropriate legislature .competent authority is the president. (Article 271). ü No suits prosecution or other legal proceedings shall lie against any authority, on account of order made action taken or act done in execution of compliance as the same has been taken in good faith and as per constitution and will not be challenge in any court whatsoever .all presidents order referred in clause (I) 7nth schedule will be amended by manner as per constitution whereas rest orders my only be amended by appropriate legislature in a manner of, as provided by for amendment.(Article 273) Under these constitutional obligation as being laid down as integral part of the book, it is a real facts that the only pocket political party will continue the process of peaceful democratic assembly .One man show is to be the fate of this assembly as self granted power being conferred will definitely react with full blown reaction resulting in catastrophic disaster. Being citizen with arrested zeal and honour, and under restrictions to hold and accept what has been destined in the form of constitutional amendment by these under cover culprit in black coat on behalf of these dictators will not only be spared at this cost but to be treated if at all under the constitution by (article 6) as high treason. Explanation: THE LAY MAN OVERVIEW Article,41,44,47,58,70,89,90,232,233,234,235,236,237,239,248,267,268,270AA,270B,271,273 with their clauses and sections are all supportive to the president in all scenes of agitation and annoyance .Under such constitutional obligations expert in the field of law and legislation /judiciary , should liaison to impart their role in real democracy in order to throw the fetish and dictators from the throne of politics.
The only way out to meet the challenge so to ensure secure way to democracy is to impeach in a manner as laid in the constitution and keeping all if and buts under strict observation, as the man ahead has created all mischief as per desire .Here I would like to emphasize to the literate population of Pakistan that “nothing but intellectual move can nib the evil in the bud”. In order to conclude the above discussion and its legal implementation, following points may be concluded in a lay man terminology which is the theme of my discussion so to familiarize individuals of what is their fate as destined by deliberate manipulation and rude traditional actions being conducted by these dictators on the gratitude of criminals of all time like sharif uddin pirzada .
ü President is the head of the state, with all executive power.(article 41)
ü Being elected after Electoral College i.e. both houses the senate, the assemblies (national and provincial), having mandate as president will continue the office for five years. Since the vote of confidence ,for further affirmation ,that was a prerequisite within one month of election has been duly passed by previous houses ,no action whatsoever disembark the individual from the said appointment .(Article 41 ,Article44 ).
ü Validity of his election can not be challenged in any court or other authorities. (Article 41).
ü Impeachment and removal of the president can only be initiated in the ground of physical or mental in capacity or on the charge of gross misconduct and violation of constitution.(Article 47)
ü Joint sitting(national assembly and senate ) of 2/3rd majority can only initiate to impeach and unfit the office of the president .(Article47)
ü The president may dissolve the national assembly on the advice of prime minister as well as at his own discretion. The decision to dissolve will be forwarded to Supreme Court to justify his opinion. (Article 58).
Keeping a bird’s eye view on present scenario the sacked Supreme Court is under the hold of president and successors of the present judicial academy are already the blue eyed, who will hold the fort of president as well as their own to enjoy the position .under this situation, interpretation reveals the hidden fact that if democracy and constitution is to be safeguard previous judiciary is to be restored to hurdle this power to dissolve assemblies .
ü Any bill in the federal legislative list or in concurrent legislative list is to be seconded by each houses without amendment and then to be put up to president for assent /approval. (Article, 70).
ü President my take action and make and promulgate any ordinance as per circumstances with the same effect as an act and power of parliament. This ordinance will retain the weight age as if it was been presented by parliament. (Article 89).
ü The executive authority by virtue of constitution lies in the hand of president and prevent parliament from execution, other than the president. (Article 90).
ü In case of self assumed or real emergency, president has the power to suspend constitution and promulgate and execute emergency with suspension of fundamental rights. The same situation can also be put up by the governors the right to challenge will not be entertained in the court of law and parliament, (article 232,233,234,235,236,237).
ü Amendment of constitution by bill should be processed with 2/3 rd majority to other house or senate. if the bill is passed by senate without amending it and with 2/3rd majority, it will be passed to the president for approval .if the bill is amended by senate it will again be reverted to the parliament for review and after its review and approval with 2/3rd majority it will be forwarded to the president for approval .amendments will not be questioned in any court of law on any ground whatsoever .(article 239)
ü The president and all others as prime minister, federal minister, state minister, chief minister, provincial minister and governors, are not answerable to any court, in the line of their duties and power to implement their functions. they can not be charged with any criminal proceeding ,arrest or imprisonment from any court during official terms .(article248)ü Any law in the form of order will be presumed to be effective from the time of commencement and will remain in force even if it is disapprove by house or both houses till it is passed by the houses as per appropriate laid down method(Article 67).
ü Only appropriate legislative authority can amend all existing laws. Laws specified in 6th schedule will not be altered without the prior sanction of the president. Under the umbrella weather the law is operational or not it will keep the weight and force of the law. (Article 268).
ü After the proclamation of emergency on October 14, 1999, all orders made thereafter including amendments, orders notification etc will continue to be dealt as constitution and made under good fate and any appointment secondment deputation rules and regulation made after 12 October 1999, have been validly made during and after and will not be challenged or ask in any court of law. Under the heading orders will continue to hold position until it is repealed or amended by competent authority, whereas competent authority here is the president and not the houses. (270AA).
ü All orders done between 5th day of 1977july will always be deemed and validly being made and will not be asked in any court of law on any ground whatsoever .Article 270B).
ü All president order, ordinance, regulations etc will not be altered until by competent authority or per appropriate legislature .competent authority is the president. (Article 271).
ü No suits prosecution or other legal proceedings shall lie against any authority, on account of order made action taken or act done in execution of compliance as the same has been taken in good faith and as per constitution and will not be challenge in any court whatsoever .all presidents order referred in clause (I) 7nth schedule will be amended by manner as per constitution whereas rest orders my only be amended by appropriate legislature in a manner of, as provided by for amendment.(Article 273)
Under these constitutional obligation as being laid down as integral part of the book, it is a real facts that the only pocket political party will continue the process of peaceful democratic assembly .One man show is to be the fate of this assembly as self granted power being conferred will definitely react with full blown reaction resulting in catastrophic disaster. Being citizen with arrested zeal and honour, and under restrictions to hold and accept what has been destined in the form of constitutional amendment by these under cover culprit in black coat on behalf of these dictators will not only be spared at this cost but to be treated if at all under the constitution by (article 6) as high treason.

]]> By: Dr Razahaider http://www.pakspectator.com/zardari-dancing-to-the-tunes-of-the-establishment/comment-page-1/#comment-13494 Dr Razahaider Fri, 25 Apr 2008 18:12:48 +0000 http://www.pakspectator.com/zardari-dancing-to-the-tunes-of-the-establishment/#comment-13494 dear khurram i tried to rectify your humble soul through my article ,but could not get access tas it was too huge to get in to the discussion .please search net through my name and you will find an articlewith the name of the cuffed parliment .you willhave most of your answere however please go through this axtract ,and then consult some one for opinion,my regards to you ,as to your query regarding zardaris qualification ,it is submitted that FRCS<FCPS are dploma whereas MS is granted by university that is equivalent to degree.in some cases you got to go through university grant commission and higher education commission for equivalencof education as it was previously in Alevel andO level and Intermediate.please float this to zuberi sb as well ,regards dear khurram i tried to rectify your humble soul through my article ,but could not get access tas it was too huge to get in to the discussion .please search net through my name and you will find an articlewith the name of the cuffed parliment .you willhave most of your answere however please go through this axtract ,and then consult some one for opinion,my regards to you ,as to your query regarding zardaris qualification ,it is submitted that FRCS<FCPS are dploma whereas MS is granted by university that is equivalent to degree.in some cases you got to go through university grant commission and higher education commission for equivalencof education as it was previously in Alevel andO level and Intermediate.please float this to zuberi sb as well ,regards

]]> By: Dr Razahaider http://www.pakspectator.com/zardari-dancing-to-the-tunes-of-the-establishment/comment-page-1/#comment-13492 Dr Razahaider Fri, 25 Apr 2008 18:01:28 +0000 http://www.pakspectator.com/zardari-dancing-to-the-tunes-of-the-establishment/#comment-13492 dear khuram please go through the article its on net as well .as to your query regarding degrees and diploma ,FRCS,FCPS are diplomas awarded by colleges and MS is a degree awarded by university . PART 1, ISSUE OF ……………… President, as president of Pakistan • Article 41  Clause (1) There shall be a President of Pakistan who shall be the Head of State and shall represent the unity of the Republic. Ø Clause (3) The President to be elected after the expiration of the term specified in clause (7) shall be elected in accordance with the provisions of the Second Schedule by the members of an electoral college consisting of- (a) The members of both Houses; and (b) The members of the Provincial Assemblies. v Explanation: will surrender (relinquish) the office of chief executive after having mandate as president and will continue the office for five years.(authoritative provision of supreme court judgement//constitution).please see explanation is to make understand the article to those not having expertise in constitution language and script.  Clause (6) The validity of the election of the President shall not be called in question by or before any court or other authority. Ø Clause 1(7) The Executive of the Islamic Republic of Pakistan- (a) shall relinquish the office of Chief Executive on such day as he may determine in accordance with the judgment of the Supreme Court of Pakistan of 12the May 2000; and (b) having received the democratic mandate to serve the nation as President of Pakistan for a period of five years shall, relinquishing the office of Chief Executive, not with the standing anything contained in this Article or Articles 43 or any other provisions of the Constitution or any other law for the time being in force, assume the office of President of Pakistan forthwith and shall hold office of term of five years under the Constitution, and other provision of the Constitution shall apply accordingly. ; 2 provided that, paragraph d of clause (1) of Article 63 shall become operative on and from the 31st day of December, 2004.” Ø Clause 3(8) Without prejudice to the provisions of the clause (7), any member or members of a House of Majlis-e-Shoora (Parliament) or of Provincial Assembly, individually or jointly, may, not later than thirty days from the commencement of the Constitution (Seventeenth Amendment) Act, 2003, move a resolution for vote of confidence for further affirmation of the President in office by majority of the members present and voting, by division or any other method as prescribed in the rules made by the Federal Government Under clause (9), of the electoral college consisting of members of both Houses of Majlis-e-Shoora (Parliament) and the Provincial Assemblies, in a special session of each House of Majlis-e-Shoora (Parliament) and of each Provincial Assembly summoned for the purpose, and the vote of confidence having been passed, the President, notwithstanding anything contained in the Constitution or judgment of any court, shall be deemed to be elected to hold office for a term of five years under the Constitution, and the same shall not be called in question in any court or forum on any ground whatsoever: Ø Clause (9) Notwithstanding anything contained in the Constitution or any other law for the time being in force, the proceedings for the vote of confident referred to in clause (8) shall be regulated and conducted by the Chief Election Commission in accordance with such procedure and the votes shall be counted in such manner as may be prescribed by the rules framed by the Federal Government: Provided that clauses (8) and (9) shall be valid only for the forthcoming vote of confidence for the current term of the President in office.” 1 Subs. by the Legal Framework Order, 2002(C.E’s.O.No.24 of 2002), Art.3 and Sch, for cl.(7), which was previously amended by P.O.No 14 of 1985, Art.2 and Sch. 2.Sub an added by Act No III/2003,dt 31/12/2003 • Article 44  Clause (1) Subject to the Constitution, the President shall hold office for a term of five years from the day he enters upon his office: Provided that the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. Impeachment of president • Article 47  Clause (1) Notwithstanding anything contained in the Constitution, the President may, in accordance with the provision of this Article, be removed from office on the ground of physical or mental incapacity or impeached on a charge of violating the Constitution or gross misconduct.  Clause (2) Not less than one-half of the total membership of either House may give to the Speaker of the National Assembly or, as the case may be, the Chairman written notice of its intention to move a resolution for the removal of, or, as the case may be, to impeach, the President; and such notice shall set out the particulars of his incapacity or of the charge against him. Ø Clause (3) If a notice under clause (2) is received by the Chairman, he shall transmit it forthwith to the Speaker. Ø Clause (4) The Speaker shall, within three days of the receipt of a notice under clause (2) or clause (3), cause a copy of the notice to be transmitted to the President. Ø Clause (5) The Speaker shall summon the two Houses to meet in a joint sitting not earlier than seven days and not later than fourteen days after the receipt of the notice by him. Ø Clause (6) The joint sitting may investigate or cause to be investigated the ground or the charge upon which the notice is founded. Ø Clause (7) The President shall have the right to appear and be represented during the investigation, if any, and before the joint sitting. Ø Clause (8) If, after consideration of the result of the investigation, if any, a resolution is passed at the joint sitting by the votes of not less than two-thirds of the total membership of Majlis-e-Shoora (Parliament) declaring that the President is unfit to hold the office due to incapacity or is guilty of violating the Constitution or of gross misconduct, the President shall cease to hold office immediately on the passing of the resolution. v Explanation: 2/3rd majority to pass any thing against or impeach the president i.e. senate plus assembly. President, Power to dissolute assembly • Article 58  Clause (1) 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. Explanation. - Reference in this Article to “Prime Minister” shall not be construed to include reference to a Prime Minister against whom a (notice of a resolution for a vote of no-confidence has been given) in the National Assembly but has not been voted upon or against whom such a resolution has been passed or who is continuing in office after his resignation or after the dissolution of the National Assembly. Ø Clause (2) Notwithstanding anything contained in clause (2) of Article 48, the President may also dissolve the National Assembly in his discretion where, in his opinion, - (a) a vote of no-confidence having been passed against the Prime Minister, no other member of the National Assembly is likely to command 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 summoned for the purpose; 4[(b) a situation has been arisen in which the Government of the Federal cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate in necessary.] Ø Clause 7(3) The President in case of dissolution of the National Assembly under paragraph (b) of clause (2) shall, within fifteen days of the dissolution, refer the matter to the Supreme Court and the Supreme Court shall decide the reference within thirty days whose decision shall be final 4 New Paragraph (b) added by the Legal Framework Order, 2002(C.E’s O. No. 24 of 2002), Art. 3and Sch., 7 Added by Act No. III/2003, dt.31/12/2003. Introduction and passing of bills • Article 70  Clause(1) A Bill with respect to any matter in the Federal Legislative List or in the Concurrent 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. Ø Clause (2) If a Bill transmitted to a House under clause (1) is rejected or is not passed within ninety days of its receipt or is passed with amendment, the Bill, at the request of the House in which it originated, shall be 1[referred to a Mediation Committee constituted under Article 71 for considered and resolution thereon.] Ø Clause2[(3) Where a Bill is referred to the Mediation Committee under clause (2), the Mediation Committee shall, within ninety days, formulate an agreed Bill which is likely to be passed by both Houses of the Majlis-e-Shoora (Parliament) and place the agreed Bill separately before each House, and if both the Houses pass the Bill, it shall be presented to the President for assent]  Clause (4) In this Article and the succeeding provisions of the Constitution, “Federal Legislative List” and “.Concurrent Legislative List” means respectively the Federal Legislative List and the Concurrent Legislative List in the Fourth Schedule.] 1 Subs. by the Legal Framework Order, 2002(C.E’s O. No. 24 of 2002), Art.3 and Sch., for certain words2 Subs. by the Legal Framework Order, 2002(C.E’s O. No. 24 of 2002), Art.3 and Sch., for cl.(3) • Article 89  Clause (1) The President may, except when the National Assembly is in session, if satisfied that circumstances exist which renders it necessary to take immediate action, make and promulgate an Ordinance as the circumstances may require.  Clause (2) An Ordinance promulgated under this Article shall have the same force and effect as an Act of Majlis-e-Shoora (Parliament) and shall be subject to like restrictions as the power of Majlis-e-Shoora (Parliament) to make law. • Article 90  Clause (1) The executive authority of the Federation shall vest in the President and shall be exercised by him, either directly or through officers subordinate to him, in accordance with the Constitution. Ø Clause (2) Nothing contained in clause (1) shall— (a) Be deemed to transfer to the President any functions conferred by any existing law on the Government of any Province or other authority; or (b) Prevent the Majlis-e-Shoora (Parliament) from conferring by law functions on Authorities, other than the President. Proclamation of emergency on account of war, internal disturbance, etc • Article232  Clause (1) If the President is satisfied that a grave emergency exists in which the security of Pakistan, or any part thereof, is threatened by war or external aggression, or by internal disturbance beyond the power of a Provincial Government to control, he may issue a Proclamation of Emergency. Ø Clause (2) Notwithstanding anything in the Constitution, while a Proclamation of Emergency is in force, – Amendments of bills • Article239  Clause (1) A Bill to amend the Constitution may originate in either House and, when the Bill has been passed by the votes of not less than two-thirds of the total membership of the House, it shall be transmitted to the other House.  Clause (2) If the Bill is passed without amendment by the votes of not less than two-thirds of the total membership of the House to which it is transmitted under clause (1), it shall, subject to the provisions of clause (4), be presented to the President for assent. (3) If the Bill is passed with amendment by the votes of not less than two-thirds of the total membership of the House to which it is transmitted under clause (1), it shall be reconsidered by the House in which it had originated, and if the Bill as amended by the former House is passed by the latter by the votes of not less than two-thirds of its total membership it shall, subject to the provisions of clause (4), be presented to the President for assent. Ø Clause (5) No amendment of the Constitution shall be called in question in any court on any ground whatsoever. Ø Clause(6) For the removal of doubt, it is hereby declared that there is no limitation whatever on the power of the [Majlis-e-Shoora (Parliament)] to amend any of the provisions of the Constitution.] Protection to president and others • Article248  Clause (1) The President, a Governor, the Prime Minister, a Federal Minister, a Minister of State, the Chief Minister and a Provincial Minister shall not be answerable to any court for the exercise of powers and performance of functions of their respective officers or for any act done or purported to be done in the exercise of those powers and performance of those functions: Provided that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Federation or a Province. Ø Clause (2) No criminal proceedings whatsoever shall be instituted or continued against the President or a Governor in any court during his term of office Ø Clause (3) No process for the arrest or imprisonment of the President or a Governor shall issue from any court during his term of office. E Ø Clause (4) No civil proceedings in which relief is claimed against the President or a Governor shall be instituted during his term of office in respect of any thing done or not done by him in his personal capacity whether before or after he enters upon his office unless, at least sixty days before the proceedings are instituted, notice in writing has been delivered to him, or sent to him in the manner prescribed by law, stating the nature of the proceedings, the cause of action, the name, description and place of residence of the party by whom the proceedings are to be instituted and the relief which the party claims. Power of president in lieu to remove difficulties. • Article 267  Clause (1) At any time before the commencing day or before the expiration of three months from the commencing day, the President may, for the purpose of removing any difficulties, or for bringing the provisions of the Constitution into effective operation, by Order, direct that the provisions of the Constitution shall, during such period as may be specified in the Order, have effect, subject to such adaptations, whether by way of modification, addition or omission, as he may deem to be necessary or expedient. Ø Clause (2) An Order made under clause (1) shall be laid before both Houses without undue delay, and shall remain in force until a resolution disapproving it is passed by each House or, in case of disagreement between the two Houses, until such resolution is passed at a joint sitting • Article 268. Clause (1) Except as provided by this Article, all existing laws shall, subject to the Constitution, continue in force, so far as applicable and with the necessary adaptations, until altered, repealed or amended by the appropriate Legislature. Clause (2) The laws specified in the Sixth Schedule shall not be altered, repealed or amended 1[, expressly or impliedly,] without the previous sanction of the President accorded after consultation with the Prime Minister: 2Provided that the laws mentioned at entries 27 to 30 and entry 35 in the sixth Schedule shall stand omitted after six years. Clause (3) For the purpose of bringing the provisions of any existing law into accord with the provisions of the Constitution (other than Part II of the Constitution), the President may by Order, within a period of two years from the commencing day, make such adaptations, whether by way of modification, addition or omission, as he may deem to be necessary or expedient, and any such Order may be made so as to have effect from such day, not being a day earlier than the commencing day, as may be specified in the Order. Clause (7) In this Article, “existing laws” means all laws (including Ordinances, Orders-in-Council, Orders, rules, bye-laws, regulations and Letters Patent constituting a High Court, and any notifications and other legal instruments having the force of law) in force in Pakistan or any part thereof, or having extra-territorial validity, immediately before the commencing day. Explanation – In this Article, “In force”, in relation to any law, means having effect as law whether or not the law has been brought into operation. 1 Subs. by the Legal Framework Order, 2002, (C.E’s. O. No. 24 of 2002) Art.3 and Sch., 2 Subs. and added by Act No III/2003, dated 31/ • Article 270AA.  Clause (l) The Proclamation of Emergency of the fourteenth day of October, 1999, all President’s Orders, Ordinances, Chief Executive’s Orders, including the Provisional Constitution Order No.1 of 1999, the Oath of Office (Judges) Order, 2000 (No.1 of 2000), Chief Executive’s Order No. 12 of 2002, the amendments made in the Constitution through the Legal Framework Order, 2002 (Chief Executive’s Order No. 24 of 2002), the Legal Framework (Amendment) Order, 2002 (Chief Executive’s Order No. 29 of 2002), the Legal Framework (Second Amendment) Order, 2002 (Chief Executive’s Order No. 32 of 2002) and all other laws made between the twelfth day of October, one thousand nine hundred and ninety-nine and the date on which this Article comes into force (both days inclusive), having been duly made are accordingly affirmed, adopted and declared to have been validly made by the competent authority and notwithstanding anything contained in the Constitution shall not be called in question in any court or forum on any ground whatsoever.  Clause (2) All orders made, proceedings taken, appointments made, including secondments and deputations, and acts done by any authority, or by any person, which were made; taken or done, or purported to have been made, taken or done, between the twelfth day of October, one thousand nine hundred and ninety-nine, and the date on which this Article comes into force (both days inclusive), in exercise of the powers derived from any Proclamation, President’s Orders, Ordinances, Chief Executive’s Orders, enactments, including amendments in the Constitution, notifications, rules, orders, bye-laws, or in execution of or in compliance with any orders made or sentences passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court or forum on any ground whatsoever.  Clause(3) All Proclamations, President’s Orders, Ordinances, Chief Executive’s Orders, laws, regulations, enactments, including amendments in the Constitution, notifications, rules, orders or bye-laws in force immediately before the date on which this Article comes into force shall continue in force until altered, repealed or amended by the competent authority.Explanation.–In this clause, “competent authority” means,-(a) in respect of Presidents’ Orders, Ordinances, Chief Executive’s Orders and enactments, including amendments in the Constitution, the appropriate Legislature; and(b) in respect of notifications, rules, orders and bye-laws, the authority in which the power to make, alter, repeal or amend the same vests under the law.  Clause(4) No suit, prosecution or other legal proceedings, including writ petitions, shall lie in any court or forum against any authority or any person, for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers.  Clause (5) For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken, appointments made, including secondments and deputations, acts done or purporting to be made, taken or done by any authority or person shall be deemed to have been made, taken or done in good faith and for the purpose intended to be served thereby. “.1Subs by Act No III/2003,dt 31/12/2003 • Article270B. Ø Clause(2) All orders made, proceedings taken and acts done by any authority or by any person, which were made, taken or done, or purported to have been made, taken or done, between the fifth day of July, 1977, and the date on which this Article comes into force, in exercise of the powers derived from any Proclamation, President’s Orders, Ordinances, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders or bye-laws, or in execution of or in compliance with any order made or sentence passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court on any ground whatsoever. • Article271.  Clause(3) All President’s Orders, Ordinances, Martial Law Regulations, Martial Law Orders, enactments, notifications, rules, orders or bye-laws in force immediately before the date on which this Article comes into force shall continue in force until altered, repealed or amended by competent authority. • Article 273. (a) in respect of President’s Orders, Ordinances, Martial Law Regulations, Martial Law Orders and enactments, the appropriate Legislature; and (b) In respect of notifications, rules, orders and bye-laws, the authority in which the power to make, alter, repeal or amend the same vests under the law. Ø Clause(4) No suit, prosecution or other legal proceedings shall lie in any court against any authority or any person, for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers. Ø clause(5) For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken, acts done or purporting to be made, taken or done by any authority or person shall be deemed to have been made, taken or done in good faith and for the purpose intended to be served thereby. Ø Clause (6) Such of the President’s Orders and Ordinances referred to in clause (1) as are specified in the Seventh Schedule may be amended in the manner provided for amendment of the Constitution, and all other laws referred to in the said clause may be amended by the appropriate Legislature in the manner provided for amendment of such laws. Explanation – In this Article “President’s Orders” includes “President and Chief Martial Law Administrator’s Orders” and “Chief Martial Law Administrator’s Orders”] Explanation: THE LAY MAN OVERVIEW Article,41,44,47,58,70,89,90,232,233,234,235,236,237,239,248,267,268,270AA,270B,271,273 with their clauses and sections are all supportive to the president in all scenes of agitation and annoyance .Under such constitutional obligations expert in the field of law and legislation /judiciary , should liaison to impart their role in real democracy in order to throw the fetish and dictators from the throne of politics. The only way out to meet the challenge so to ensure secure way to democracy is to impeach in a manner as laid in the constitution and keeping all if and buts under strict observation, as the man ahead has created all mischief as per desire .Here I would like to emphasize to the literate population of Pakistan that “nothing but intellectual move can nib the evil in the bud”. In order to conclude the above discussion and its legal implementation, following points may be concluded in a lay man terminology which is the theme of my discussion so to familiarize individuals of what is their fate as destined by deliberate manipulation and rude traditional actions being conducted by these dictators on the gratitude of criminals of all time like sharif uddin pirzada . ü President is the head of the state, with all executive power.(article 41) ü Being elected after Electoral College i.e. both houses the senate, the assemblies (national and provincial), having mandate as president will continue the office for five years. Since the vote of confidence ,for further affirmation ,that was a prerequisite within one month of election has been duly passed by previous houses ,no action whatsoever disembark the individual from the said appointment .(Article 41 ,Article44 ). ü Validity of his election can not be challenged in any court or other authorities. (Article 41). ü Impeachment and removal of the president can only be initiated in the ground of physical or mental in capacity or on the charge of gross misconduct and violation of constitution.(Article 47) ü Joint sitting(national assembly and senate ) of 2/3rd majority can only initiate to impeach and unfit the office of the president .(Article47) ü The president may dissolve the national assembly on the advice of prime minister as well as at his own discretion. The decision to dissolve will be forwarded to Supreme Court to justify his opinion. (Article 58). Keeping a bird’s eye view on present scenario the sacked Supreme Court is under the hold of president and successors of the present judicial academy are already the blue eyed, who will hold the fort of president as well as their own to enjoy the position .under this situation, interpretation reveals the hidden fact that if democracy and constitution is to be safeguard previous judiciary is to be restored to hurdle this power to dissolve assemblies . ü Any bill in the federal legislative list or in concurrent legislative list is to be seconded by each houses without amendment and then to be put up to president for assent /approval. (Article, 70). ü President my take action and make and promulgate any ordinance as per circumstances with the same effect as an act and power of parliament. This ordinance will retain the weight age as if it was been presented by parliament. (Article 89). ü The executive authority by virtue of constitution lies in the hand of president and prevent parliament from execution, other than the president. (Article 90). ü In case of self assumed or real emergency, president has the power to suspend constitution and promulgate and execute emergency with suspension of fundamental rights. The same situation can also be put up by the governors the right to challenge will not be entertained in the court of law and parliament, (article 232,233,234,235,236,237). ü Amendment of constitution by bill should be processed with 2/3 rd majority to other house or senate. if the bill is passed by senate without amending it and with 2/3rd majority, it will be passed to the president for approval .if the bill is amended by senate it will again be reverted to the parliament for review and after its review and approval with 2/3rd majority it will be forwarded to the president for approval .amendments will not be questioned in any court of law on any ground whatsoever .(article 239) ü The president and all others as prime minister, federal minister, state minister, chief minister, provincial minister and governors, are not answerable to any court, in the line of their duties and power to implement their functions. they can not be charged with any criminal proceeding ,arrest or imprisonment from any court during official terms .(article248)ü Any law in the form of order will be presumed to be effective from the time of commencement and will remain in force even if it is disapprove by house or both houses till it is passed by the houses as per appropriate laid down method(Article 67). ü Only appropriate legislative authority can amend all existing laws. Laws specified in 6th schedule will not be altered without the prior sanction of the president. Under the umbrella weather the law is operational or not it will keep the weight and force of the law. (Article 268). ü After the proclamation of emergency on October 14, 1999, all orders made thereafter including amendments, orders notification etc will continue to be dealt as constitution and made under good fate and any appointment secondment deputation rules and regulation made after 12 October 1999, have been validly made during and after and will not be challenged or ask in any court of law. Under the heading orders will continue to hold position until it is repealed or amended by competent authority, whereas competent authority here is the president and not the houses. (270AA). ü All orders done between 5th day of 1977july will always be deemed and validly being made and will not be asked in any court of law on any ground whatsoever .Article 270B). ü All president order, ordinance, regulations etc will not be altered until by competent authority or per appropriate legislature .competent authority is the president. (Article 271). ü No suits prosecution or other legal proceedings shall lie against any authority, on account of order made action taken or act done in execution of compliance as the same has been taken in good faith and as per constitution and will not be challenge in any court whatsoever .all presidents order referred in clause (I) 7nth schedule will be amended by manner as per constitution whereas rest orders my only be amended by appropriate legislature in a manner of, as provided by for amendment.(Article 273) Under these constitutional obligation as being laid down as integral part of the book, it is a real facts that the only pocket political party will continue the process of peaceful democratic assembly .One man show is to be the fate of this assembly as self granted power being conferred will definitely react with full blown reaction resulting in catastrophic disaster. Being citizen with arrested zeal and honour, and under restrictions to hold and accept what has been destined in the form of constitutional amendment by these under cover culprit in black coat on behalf of these dictators will not only be spared at this cost but to be treated if at all under the constitution by (article 6) as high treason. Article 6  (Clause 1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other un-constitutional means shall be guilty of high treason.  Clause (2) Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason