Power of President to Promulgate Ordinances: Article 89 of the constitution of Pakistan (1973)

Article 89 of the constitution of Pakistan after 18th Amendment

89. Power of President to promulgate Ordinances.

(1) The President may, except w hen the ^[78A][Senate or] National Assembly is in session, if satisfied that circumstances exist which render it necessary to take immediate action, make and promulgate an Ordinance, as the circumstances may require.

(2) An Ordinance promulgated under this Article shall have the same force and effect as an Act of ^[79] [Majlis-e-Shoora (Parliament)] and shall be subject to like restrictions as the power of ^[79] [Majlis-e-Shoora (Parliament)] to make law, but every such Ordinance-

(a) shall be laid-

(i) before the National Assembly if it ^[80] [contains provisions dealing with all or any of the matters specified in clause (2) of Article 73], and shall stand repealed at the expiration of^[80A][one hundred and twenty days] from its promulgation or, if before the expiration of that period, a resolution disapproving it is passed by the Assembly, upon the passing of that resolution ^[80B][:]

^[80C][Provided that the National Assembly may by a resolution extend the Ordinance for a further period of one hundred and twenty days and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution disapproving it is passed by the Assembly, upon the passing of that resolution:

Provided further that extension for further period may be made only once.]

(ii) before both Houses if it ^[81] [does not contain provisions dealing with any of the matters referred to in sub-paragraph (i)], and shall stand repealed at the expiration of ^[81A][one hundred and twenty days] from its promulgation or, if before the expiration of that period a resolution disapproving it is passed by either House, upon the passing of that resolution; and

(b) may be withdrawn at any time by the President.

[81B]

[(3)

Without prejudice to the provisions of clause (2),- (a) an Ordinance laid before the National Assembly under sub-paragraph (i) of paragraph (a) of clause (2) shall be deemed to be a Bill introduced in the National Assembly; and (b) an Ordinance laid before both Houses under sub-paragraph (ii) of paragraph (a) of clause (2) shall be deemed to be a Bill introduced in the House where it was first laid.]

78A. Inserted by the Constitution (Eighteenth Amendment) Act, 2010, (Article 27 (i)) with effect from April 19th, 2010.

79.

The words "Majlis-e-Shoora (Parliament)" were substituted for the word "Parliament" by the Revival of the Constitution of 1973 Order, 1985 (P.O.No.14 of 1985) Art 2 and Sch item 1.

80.

Substituted by the Constitution (Second Amendment) Order, 1985, (P.O.No.20 of 1985) section 2(a) for the words and figure "is with respect to a matter in Part I of the Federal Legislative List" (with effect from March 19, 1985).

80A.

Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 27 (ii)(a)), with effect from April 19th, 2010, for the words "four months".

80B.

Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 27 (ii)(a)), with effect from April 19th, 2010, for a semi-colon.

80C.

Provisos inserted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 27 (ii)(a)), with effect from April 19th, 2010.

81.

Substituted by the Constitution (Second Amendment) Order, 1985, (P.O.No.20 of 1985) section 2(b) for the words and figure, "is with respect to a matter in Part 11 of the Federal Legislative List or a matter in the Concurrent Legislative List"(with effect from March 19, 1985).

81A.

Substituted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 27 (ii)(b)), with effect from April 19th, 2010, for the words "four months".

81B.

Clause (3) substituted by the Constitution (Eighteenth Amendment) Act, 2010 (Article 27 (iii)), with effect from April 19th, 2010, for the following:

(3) Without prejudice to the provisions of clause (2) an Ordinance laid before the National Assembly, shall be deemed to be a Bill introduced in the National Assembly.

 Text of article 89 after 18th amendment is taken from : http://www.pakistani.org/pakistan/constitution/part3.ch2.html