ISLAMABAD: President Pervez Musharraf on Friday amended various articles of the Constitution providing protection and continuity to the superior courts judges who took oath under the Provisional Constitution Order (PCO), and removed those who did not take oath under the PCO. However, they would be entitled to pension and other retirement benefits.The amendments were made a day before he intends to lift emergency and restore the Constitution. The president, in exercise of powers under the PCO, has amended Articles 41, 44, 193, 194, 208 and 270-C.Amendment to Article 193 has lowered the age of appointment of high court judges from 45 years to 40 years. This will facilitate entry of judges into high courts at younger age to remain in service for a longer period. Previously, the minimum age to become a high court judge was 40 years, which was raised to 45 sometime back and now it is again reduced to 40 years.Article 270-C of the Constitution has been amended to provide that the judges who have not taken oath under the Oath of Office (Judges) Order 2007 shall cease to hold office with effect from November 3, 2007 and the judges who have taken oath under the said Order shall continue to hold office under the Constitution.The amendment has been made to clear doubts about the judges who have ceased to hold office, and the revival of the Constitution will not make them eligible to regain the charge of their offices. Those who have taken oath under Oath of Office (Judges) Order 2007 will continue to hold their Office. Another amendment relates to establishment of Islamabad High Court with its permanent seat at Islamabad. The IHC will start functioning with effect from the date to be announced by the president.Clauses (2) and (3) of Article 41, which pertain to the office of the president, also stood amended with changes of words "subject to the Constitution", which will now be substituted as "notwithstanding anything contained in the Constitution" and the words of "to be elected after the expiration of the term specified in clause (7) shall be omitted and shall be deemed to have been omitted with effect from August 17, 1988.The president has also promulgated the Supreme Court Judges (Pension Benefits) Order 2007 and High Court Judges (Pension Benefits) Order 2007. These orders have been issued to extend pension benefits to the judges of the Supreme and high courts who have ceased to hold office, as are available to other judges on retirement. However, in the case of high court judges these benefits will be available to the permanent judges including the judges who had retired under the High Court Judges (Service Benefits) Order 2007.The district and session judges appointed as judges of the high court who are not entitled to pension benefits under the order, shall be entitled to such pension as would have been admissible to them on superannuation as district and sessions judges. AFP adds: President Musharraf issued a constitutional amendment order late Friday which exempt him from getting parliamentary ratification for imposition of November 3 emergency rule, Attorney General Malik Mohammad Qayyum told AFP."The amendments relate to presidential election procedure, others are related to establishment of Islamabad High Court, oath of judges and pension benefits to judges who refused to take oath," Qayyum said. "Whatever amendments are made in the Constitution do not need ratification from parliament," he said. "The emergency will be lifted before 1.00pm today (Saturday)," Qayyum said. This is the second time that President Musharraf has amended the Constitution since he imposed emergency rule on November 3. "The new order reinforces the earlier one," Qayyum added.On November 21 Musharraf issued the first order to amend the Constitution to stipulate that imposition of emergency "is declared to have been validly made" and "shall not be called in question in any court or forum on any ground whatsoever."All other decisions made in relation to emergency rule "shall... be deemed to be and always to have been validly made," added the earlier order.Although emergency will be lifted on Saturday critics say that with only three weeks left to campaign for parliamentary elections, and dozens of those arrested still in detention, the move will make little practical difference.Following is the text of Constitution (Second Amendment) Order 2007: The President of Pakistan has promulgated the Constitution (Second Amendment) Order 2007, in exercise of his powers under the Provisional Constitution Order No 1 of 2007. Under the above mentioned Order Articles 41, 44,193,194,208 and 270C of the Constitution have been amended. Clause (3) of Article 41 has been amended; the words, brackets and figure "to be elected after the expiration of the term specified in clause (7)" shall be omitted and shall be deemed to have been omitted with effect from the 17th day of August, 1988. Clause (2) of Article 44 has been amended, for the words "Subject to the Constitution" the words "Notwithstanding anything contained in the Constitution" shall be substituted. Article 175 of the Constitution was amended by Constitution (Amendment) Order, 2007 (P.O.No.5 of 2007) making a provision for establishment of High Court for Islamabad Capital Territory. Under the Constitution (Second Amendment) Order 2007 Articles 193 and 194 have been amended to the effect that in case of appointment of Judges for Islamabad High Court consultation with the Governor will not be required being no Office of Governor in Islamabad, however, consultation with the Chief Justice of the Islamabad High Court and the Chief Justice of Pakistan shall be required under the Constitution would remain intact. Chief Justice of Islamabad High Court shall take oath before the President in place of the Governor. Article 193 has been amended wherein the age of High Court Judges has been reduced from 45 years to 40 years. This will facilitate entry at younger age and to remain in service for a longer period. Article 270C of the Constitution has been amended to provide that the Judges who have not taken oath under the Oath of Office (Judges) Order, 2007 shall cease to hold office with effect from 3rd day November,2007 and the Judges who have taken oath under the said Order shall continue to hold office under the Constitution. The amendment has been made to clear the doubts about the Judges who have ceased to hold office, and the revival of the Constitution will not make them eligible to regain the charge of their offices. While those who have taken oath under the Oath of Office (Judges) Order, 2007 will continue holding their offices. The President of Pakistan has also promulgated the Islamabad High Court (Establishment) Order, 2007. This Order pertains to the establishment of Islamabad High Court. High Court will have its principal seat at Islamabad. The Islamabad High Court shall start functioning with effect from the date to be appointed by the President. There shall be a Chief Justice for Islamabad High Court and as many other Judges as the President may determine. The jurisdiction of Islamabad High Court shall extend to Islamabad Capital Territory which will have original and appellate jurisdiction as available to other High Courts. However, Islamabad High Court will have original jurisdiction in suits having value of Rs25 lac or more. After the Islamabad High Court starts functioning all cases relating to Islamabad Capital Territory pending in the Rawalpindi Bench of Lahore High Court shall stand transferred to Islamabad High Court for disposal. The President has also been pleased to promulgate the Supreme Court Judges (Pensionary Benefits) Order, 2007. This Order has been issued to extend pensionary benefits to the Judges of the Supreme Court who have ceased to hold office having not taken oath under the Oath of Office (Judges) Order, 2007 are being given pensionary and other retirement benefits as are available to other Judges on retirement. The President has also been pleased to promulgate High Court Judges (Pensionary Benefits) Order, 2007. This Order has been issued to extend pensionary benefits to the Judges of the High Courts who have ceased to hold office having not taken oath under the Oath of Office (Judges) Order, 2007 are being extended pensionary and other retirement benefits under this Order. These benefits will be available to permanent Judges of High Court including the Judges who had retired under the High Court Judges (Service Benefits) Order, 2000. The District and Sessions Judges appointed as Judges of the High Court who have ceased to hold Office by virtue of Oath of Office (Judges) Order, 2007 and are not entitled to pensionary benefits under this Order, shall be entitled to such pension as would have been admissible to them on superannuation as District and Sessions Judge.
ISLAMABAD: President Pervez Musharraf on Friday amended various articles of the Constitution providing protection and continuity to the superior courts judges who took oath under the Provisional Constitution Order (PCO), and removed those who did not take oath under the PCO. However, they would be entitled to pension and other retirement benefits.The amendments were made a day before he intends to lift emergency and restore the Constitution. The president, in exercise of powers under the PCO, has amended Articles 41, 44, 193, 194, 208 and 270-C.Amendment to Article 193 has lowered the age of appointment of high court judges from 45 years to 40 years. This will facilitate entry of judges into high courts at younger age to remain in service for a longer period. Previously, the minimum age to become a high court judge was 40 years, which was raised to 45 sometime back and now it is again reduced to 40 years.Article 270-C of the Constitution has been amended to provide that the judges who have not taken oath under the Oath of Office (Judges) Order 2007 shall cease to hold office with effect from November 3, 2007 and the judges who have taken oath under the said Order shall continue to hold office under the Constitution.The amendment has been made to clear doubts about the judges who have ceased to hold office, and the revival of the Constitution will not make them eligible to regain the charge of their offices. Those who have taken oath under Oath of Office (Judges) Order 2007 will continue to hold their Office. Another amendment relates to establishment of Islamabad High Court with its permanent seat at Islamabad. The IHC will start functioning with effect from the date to be announced by the president.Clauses (2) and (3) of Article 41, which pertain to the office of the president, also stood amended with changes of words "subject to the Constitution", which will now be substituted as "notwithstanding anything contained in the Constitution" and the words of "to be elected after the expiration of the term specified in clause (7) shall be omitted and shall be deemed to have been omitted with effect from August 17, 1988.The president has also promulgated the Supreme Court Judges (Pension Benefits) Order 2007 and High Court Judges (Pension Benefits) Order 2007. These orders have been issued to extend pension benefits to the judges of the Supreme and high courts who have ceased to hold office, as are available to other judges on retirement. However, in the case of high court judges these benefits will be available to the permanent judges including the judges who had retired under the High Court Judges (Service Benefits) Order 2007.The district and session judges appointed as judges of the high court who are not entitled to pension benefits under the order, shall be entitled to such pension as would have been admissible to them on superannuation as district and sessions judges. AFP adds: President Musharraf issued a constitutional amendment order late Friday which exempt him from getting parliamentary ratification for imposition of November 3 emergency rule, Attorney General Malik Mohammad Qayyum told AFP."The amendments relate to presidential election procedure, others are related to establishment of Islamabad High Court, oath of judges and pension benefits to judges who refused to take oath," Qayyum said. "Whatever amendments are made in the Constitution do not need ratification from parliament," he said. "The emergency will be lifted before 1.00pm today (Saturday)," Qayyum said. This is the second time that President Musharraf has amended the Constitution since he imposed emergency rule on November 3. "The new order reinforces the earlier one," Qayyum added.On November 21 Musharraf issued the first order to amend the Constitution to stipulate that imposition of emergency "is declared to have been validly made" and "shall not be called in question in any court or forum on any ground whatsoever."All other decisions made in relation to emergency rule "shall... be deemed to be and always to have been validly made," added the earlier order.Although emergency will be lifted on Saturday critics say that with only three weeks left to campaign for parliamentary elections, and dozens of those arrested still in detention, the move will make little practical difference.Following is the text of Constitution (Second Amendment) Order 2007: The President of Pakistan has promulgated the Constitution (Second Amendment) Order 2007, in exercise of his powers under the Provisional Constitution Order No 1 of 2007. Under the above mentioned Order Articles 41, 44,193,194,208 and 270C of the Constitution have been amended. Clause (3) of Article 41 has been amended; the words, brackets and figure "to be elected after the expiration of the term specified in clause (7)" shall be omitted and shall be deemed to have been omitted with effect from the 17th day of August, 1988. Clause (2) of Article 44 has been amended, for the words "Subject to the Constitution" the words "Notwithstanding anything contained in the Constitution" shall be substituted. Article 175 of the Constitution was amended by Constitution (Amendment) Order, 2007 (P.O.No.5 of 2007) making a provision for establishment of High Court for Islamabad Capital Territory. Under the Constitution (Second Amendment) Order 2007 Articles 193 and 194 have been amended to the effect that in case of appointment of Judges for Islamabad High Court consultation with the Governor will not be required being no Office of Governor in Islamabad, however, consultation with the Chief Justice of the Islamabad High Court and the Chief Justice of Pakistan shall be required under the Constitution would remain intact. Chief Justice of Islamabad High Court shall take oath before the President in place of the Governor. Article 193 has been amended wherein the age of High Court Judges has been reduced from 45 years to 40 years. This will facilitate entry at younger age and to remain in service for a longer period. Article 270C of the Constitution has been amended to provide that the Judges who have not taken oath under the Oath of Office (Judges) Order, 2007 shall cease to hold office with effect from 3rd day November,2007 and the Judges who have taken oath under the said Order shall continue to hold office under the Constitution. The amendment has been made to clear the doubts about the Judges who have ceased to hold office, and the revival of the Constitution will not make them eligible to regain the charge of their offices. While those who have taken oath under the Oath of Office (Judges) Order, 2007 will continue holding their offices. The President of Pakistan has also promulgated the Islamabad High Court (Establishment) Order, 2007. This Order pertains to the establishment of Islamabad High Court. High Court will have its principal seat at Islamabad. The Islamabad High Court shall start functioning with effect from the date to be appointed by the President. There shall be a Chief Justice for Islamabad High Court and as many other Judges as the President may determine. The jurisdiction of Islamabad High Court shall extend to Islamabad Capital Territory which will have original and appellate jurisdiction as available to other High Courts. However, Islamabad High Court will have original jurisdiction in suits having value of Rs25 lac or more. After the Islamabad High Court starts functioning all cases relating to Islamabad Capital Territory pending in the Rawalpindi Bench of Lahore High Court shall stand transferred to Islamabad High Court for disposal. The President has also been pleased to promulgate the Supreme Court Judges (Pensionary Benefits) Order, 2007. This Order has been issued to extend pensionary benefits to the Judges of the Supreme Court who have ceased to hold office having not taken oath under the Oath of Office (Judges) Order, 2007 are being given pensionary and other retirement benefits as are available to other Judges on retirement. The President has also been pleased to promulgate High Court Judges (Pensionary Benefits) Order, 2007. This Order has been issued to extend pensionary benefits to the Judges of the High Courts who have ceased to hold office having not taken oath under the Oath of Office (Judges) Order, 2007 are being extended pensionary and other retirement benefits under this Order. These benefits will be available to permanent Judges of High Court including the Judges who had retired under the High Court Judges (Service Benefits) Order, 2000. The District and Sessions Judges appointed as Judges of the High Court who have ceased to hold Office by virtue of Oath of Office (Judges) Order, 2007 and are not entitled to pensionary benefits under this Order, shall be entitled to such pension as would have been admissible to them on superannuation as District and Sessions Judge.
