Provisional Constitutional Order

Provisional Constitutional Order
Provisional Constitutional Order
18th Amendment
	Status: Not fully in force

The Provisional Constitutional Order, popularly known as PCO, is an emergency and extra-constitutional order that suspends either wholly or partially the Constitution of Pakistan — the supreme law of the land.^[1]

The PCO fulfills and acts as the temporary order while the constitution is held in abeyance or suspension.

armed forces of the country against the civilian governments.^[1]

Overview of Provisional Constitutional Order

Provisional Constitutional Order, 1981

Soon after the

chief of army staff General Zia-ul-Haq.^[3]

Under this new order, the

senior Justices of the Supreme Court when they refused to take the oath.^[4] Chief Justice Dorab Patel and Senior Justice Fakhruddin G. Ebrahim declined to take the oath; thus opting for retirement.^[4] Senior Justice Anwarul Haq also resigned after refusing to take the oath whilst the Senior Justice Mushtaq Hussain, who was willing to take the oath, was not asked to do so.^[4]

Senior Justices Hussain and Haq had previously approved Zulfikar Ali Bhutto's hanging were reportedly restrained to take an oath under the secretive directives issued by President Zia.^[4] All of these Senior Justices were asked to tender their resignation, which they did.^[4]

Provisional Constitutional Order effecting the Judicature of Pakistan
Senior Justices of the Supreme Court of Pakistan	Oath of Office	Extension under PCO
Chief Justice Dorab Patel	Refused to take oath under PCO	Resigned
Chief Justice Anwarul Haq	Took oath under PCO	Resigned
Senior Justice Fakhruddin Ebrahim	Refused to take oath under PCO	Resigned
Senior Justice Abdul Qadir Shakih	Took oath under PCO	Continuation at Supreme Court
Senior Justice Mohammad Haleem	Took oath under PCO	Elevated as Chief Justice (1981–89)
Senior Justice K.I. Chouhann	Took oath under PCO	Continuation at Supreme Court
Senior Justice Aslam Riaz Husain	Took oath under PCO	Continuation at Supreme Court
Senior Justice Nasim Shah	Took oath under PCO	Elevated as Chief Justice (1993–94)
Senior Justice Shafi-u-Rehman	Took oath under PCO	Continuation at Supreme Court
Senior Justice Maulvi Mushtaq Hussain	Not invited to take oath under PCO	Resigned
Senior Justice M.A. Zulla	Took oath under PCO	Elevated as Chief Justice (1993–94)
Senior Justice Agha Ali Hyder	Not invited to take oath under PCO	Appointed at the Federal Shariat Court
Senior Justice Abdul Hayee Qureshi	Took oath under PCO	Appointed at the Sindh High Court
Senior Justice Abdul Hafeez Memon	Refused to take oath under PCO	Appointed at the Sindh High Court
Senior Justice Zaffar Hussain Mirza	Took oath under PCO	Appointed at the Sindh High Court
Senior Justice Naimuddin Ahmed	Took oath under PCO	Appointed at Supreme Court
Senior Justice S.A. Nusrat	Took oath under PCO	Appointed at Supreme Court
Senior Justice G. M. Shah	Not invited to take oath under PCO	Resigned
Senior Justice Ajmal Mian	Took oath under PCO	Elevated as Chief Justice (1997–99)
Senior Justice Muhammad Zahoor-ul-Haq	Took oath under PCO	Appointed at the Sindh High Court
Senior Justice Sajjad A. Shah	Took oath under PCO	Elevated as Chief Justice (1994–97)
Senior Justice Ghous Ali Shah	Took oath under PCO	Resigned
Senior Justice Tanzil-ur-Rahman	Took oath under PCO	Appointed at the Federal Shariat Court
Senior Justice Saeeduzzaman Siddiqui	Took oath under PCO	Elevated as Chief Justice (1999–00)
Senior Justice G.M. Kourejo	Took oath under PCO	Appointed at the Sindh High Court
Senior Justice Nasir A. Zahid	Took oath under PCO	Appointed at the Sindh High Court
Senior Justice K.A. Ghani	Took oath under PCO	Appointed at the Sindh High Court
Senior Justice Saleem Akhtar	Took oath under PCO	Resigned

Provisional Constitutional Order, 1999

In the wake of political tensions arising after the

Chief of Army Staff General Pervez Musharraf immediately imposed martial law against the government of Prime Minister Nawaz Sharif

on 12 October 1999.

General

Senior Justices were forcefully required to take an oath of office under this new order, and concerns were raised that this would "erode the independence of the judiciary".^[5]

Provisional Constitutional Order effecting the Judicature of Pakistan
Senior Justices of the Supreme Court of Pakistan	Oath of Office	Extension under PCO
Chief Justice Saeeduzzaman Siddiqui	Refused to take oath under PCO	Resigned
Sheikh Ejaz Nisar	Took oath under PCO	Continuation at Supreme Court
Senior Justice Bashir Jehangiri	Took oath under PCO	Elevated as Chief Justice (2002–02)
Senior Justice Irshad Hasan Khan	Took oath under PCO	Elevated as Chief Justice (2000–02)
Senior Justice Sh. Riaz Ahmad	Took oath under PCO	Elevated as Chief Justice (2002–05)
Senior Justice Mamoon A Kazi	Refused to take oath under PCO	Resigned
Senior Justice Nasir A. Zahid	Refused to take oath under PCO	Resigned
Senior Justice K.R. Khan	Refused to take oath under PCO	Resigned
Senior Justice Wajihuddin Ahmed	Refused to take oath under PCO	Resigned
Senior Justice Kamal Mansur Alam	Refused to take oath under PCO	Resigned
Senior Justice A.R. Khan	Took oath under PCO	Continuation at Supreme Court
Senior Justice Ch. Mohammad Arif	Took oath under PCO	Continuation at Supreme Court
Senior Justice Munir Sheikh	Took oath under PCO	Continuation at Supreme Court

Provisional Constitutional Order, 2007

In 2007, another Provisional Constitutional Order was issued by General Pervez Musharraf. The PCO was issued on 3 November 2007 and was later amended on 15 November 2007. It was lifted on 16 December 2007.

Provisional Constitutional Order effecting the Judicature of Pakistan
Senior Justices of the Supreme Court of Pakistan	Oath of Office	Extension under PCO
Chief Justice Iftikhar Muhammad Chaudhry	Refused to take oath under PCO	Resigned
Senior Justice Rana Baghwandas	Refused to take oath under PCO	Resigned
Senior Justice Javed Iqbal	Refused to take oath under PCO	Resigned
Senior Justice Abdul Hameed Dogar	Took oath under PCO	Elevated as Chief Justice (2007–09)
Senior Justice Sardar Muhammad Raza Khan	Refused to take oath under PCO	Resigned
Senior Justice Khalil-ur-Rehman Ramday	Refused to take oath under PCO	Resigned
Senior Justice Muhammad Nawaz Abbasi	Took oath under PCO	Continuation at Supreme Court
Senior Justice Faqir Muhammad Khokhar	Took oath under PCO	Continuation at Supreme Court
Senior Justice Falak Sher	Refused to take oath under PCO	Resigned
Senior Justice Mian Shakirullah Jan	Refused to take oath under PCO	Resigned
Senior Justice Muhammad Javed Buttar	Took oath under PCO	Continuation at Supreme Court
Senior Justice Tassaduq Hussain Jillani	Refused to take oath under PCO	Resigned
Senior Justice Saiyed Saeed Ashhad	Took oath under PCO	Continuation at Supreme CourtResigned
Senior Justice Nasirul Mulk	Refused to take oath under PCO	Resigned
Raja Fayyaz Ahmad	Refused to take oath under PCO	Resigned
Senior Justice Chaudhry Ejaz Ahmed	Refused to take oath under PCO	Resigned
Senior Justice Syed Jamshed Ali	Refused to take oath under PCO	Resigned
Senior Justice Ghulam Rabbani	Refused to take oath under PCO	Resigned
Senior Justice Hamid Ali Mirza	Refused to take oath under PCO	Resigned

References

^
ISBN 904111775X
.

ISBN 9004149279
.

^
ISBN 978-0-415-64437-2
.

^ ^a ^b ^c ^d ^e Ghazali, Abdus Sattar (1996). "§ VIII: The Third Martial Law". Islamic Pakistan: Illusions and Reality. Islamabad: National Book Club. Retrieved 24 November 2013.

^ "Pakistan Judges Refuse Oath Demanded by Pakistan's Rulers". Waycross Journal-Herald. 31 January 2000. Retrieved 7 May 2011.

v
t
e
Constitution of Pakistan
By year

1935

1956

1962

1973

Annex (written 1949, incorporated 1985)

Amendments

I

II

III

IV

V

VI

VII

VIII

IX*

X

XI*

XII

XIII

XIV

XV*

XVI

XVII

XVIII

XIX

XX

XXI

XXII

XXIII

XXIV

XXV

XXV (2017)*

XXVI*

XXVII*

XXVIII*

XXIX*

XXX*

XXXI

Orders

Legal Framework Order, 1970

Legal Framework Order, 2002

Provisional Constitutional Order

* Not passed

Retrieved from "https://en.wikipedia.org/w/index.php?title=Provisional_Constitutional_Order&oldid=1134948585"

[KLI-1] 
ISBN 904111775X
.

[Kluwer_Law_Internat.-2] ISBN 9004149279
.

[Routledge-3] 
ISBN 978-0-415-64437-2
.

[National_Book_Club-4] Ghazali, Abdus Sattar (1996). "§ VIII: The Third Martial Law". Islamic Pakistan: Illusions and Reality. Islamabad: National Book Club. Retrieved 24 November 2013.

[Waycross-5] "Pakistan Judges Refuse Oath Demanded by Pakistan's Rulers". Waycross Journal-Herald. 31 January 2000. Retrieved 7 May 2011.

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[3]

[4]

[5]