Article 243, 244 and 245 of the Constitution of Pakistan

ConstitutionConstitution The Constitution encompasses the global system of rules governing constitutional authority. Simply reading selected provisions of the written text may be misleading. Understanding the underlying principles, such as federalism, democracy, constitutionalism, the rule of law, and respect for minorities, is crucial. Democratic institutions must allow for ongoing discussion and evolution, reflected in the right of participants to initiate constitutional change. This right entails a reciprocal duty to engage in discussions. Democracy involves more than majority rule, existing within the context of other constitutional values. Therefore, a profound understanding of these principles informs our appreciation of constitutional rights and obligations. Read more of the Islamic RepublicRepublic Res publica> Δημοκρατίας. Having a head of the state. Pope is the head of the Vatican City state. The people execute their power through an Elected (direct/indirect) President. Political parties sponsored their presidential candidates. Indian president is a constitutional puppet under the ruling Cabinet. In the case of the appointment of  Indian judges, presidential power is a vanishing point. of PakistanPakistan Arya Varta Region > Main Cities:  Karachi Lahore Faisalabad Rawalpindi Multan Hyderabad Gujranwala Peshawar Rahim Yar Khan Quetta Muzaffarabad Battagram Kotli Islamabad Bahawalpur Sargodha Sialkot Sukkur Larkana Shekhupura Bhimbar Jhang Sadr Gujrat Mardan Malir Cantonment Kasur Mingora Dera Ghazi Khan Sahiwal Nawabshah Okara Mirpur Khas Chiniot Shahkot Kamoke Saddiqabad Burewala Jacobabad Muzaffargarh Muridke Jhelum Shikarpur Hafizabad Kohat Khanpur Khuzdar Dadu Gojra Mandi Bahauddin Tando Allahyar Daska Kalan Pakpattan Bahawalnagar Bahawalnagar Tando Adam Khairpur Mir's Chishtian Abbottabad Jaranwala Ahmadpur East Vihari Kamalia Kot Addu Khushab Wazirabad Dera Ismail Khan Chakwal Swabi Lodhran, 1973

Part XII: Miscellaneous

Chapter 2: Armed Forces.

689 [ 243. Command of Armed Forces –

(1) The Federal Government shall have control and command of the Armed Forces.

(2) Without prejudice to the generality of the foregoing provision, the Supreme  command of the Armed Forces shall vest in the President.

(3) The President shall subject to lawLaw νόμος:  Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it. Law Practice. Read a scholarly article, have powerPower The amount of energy transferred or converted per unit of time. In the International System of Units, the unit of it is the watt, equal to one joule per second. The capacity of energy infrastructure is rated using watts, which indicate its potential to supply or consume energy in a given period of time. A Power-plant rated at 100 MW has the potential to produce 100 MWh if it operates for one hour.-

(a) to raise and maintain the Military, Naval and AirWind Ανεμος . वायुः पुं > Similar श्वसनः  स्पर्शनः  मातरिश्वा  सदागतिः  पृषदश्वः  गन्धवहः  गन्धवाहः  अनिलः आशुगः  समीरः मारुतः  मरुत् जगत्प्राणः समीरणः  नभस्वान्  वातः  पवनः  पवमानः प्रभञ्जनः अजगत्प्राणः  खश्वासः वाहः धूलिध्वजः फणिप्रियः वातिः नभःप्राणः भोगिकान्तः  स्वकम्पनः अक्षतिः कम्पलक्ष्मा  शसीनिः  आवकः  हरिः  वासः  सुखाशः  मृगवाहनः  सारः  चञ्चलः  विहगः  प्रकम्पनः  नभःस्वरः निश्वासकः  स्तनूनः  पृषतांपतिः । Vedic Deity. Solar wind is a stream of charged particles, consists mostly of electrons and protons with energies (1 keV). Pranayama= controlling breathe. Forces of Pakistan; and the Reserves of such Forces; and
(b) to grant Commissions in such Forces.

(3) The President shall, on advice of the Prime Minister, appoint-

(a) the Chairman, Joint Chiefs of Staff Committee;
(b) the Chief of the ArmyArmy The Army of the Islamic Republic of Iran shall be an Islamic army, which is an ideological and peoples army and which shall recruit competent individuals faithful to the objectives of the Islamic Revolution and ready to make sacrifices for attaining the same. (Art-144) Staff;
(c) the Chief of the Naval Staff; and
(d) the Chief of the Air Staff,
and shall also determine their salaries and allowances. ] 689

244 Oath of Armed Forces.

Every member of the Armed Forces shall make oath in the form set out in the Third Schedule.

245 Functions of Armed Forces.

696[(1)] 696 The Armed Forces shall, under the directions of the Federal Government, defend Pakistan against external aggression or threat of war, and, subject to law, act in aid of civil power when called upon to do so.

697[ (2) The validity of any direction issued by the Federal Government under clause (1) shall not be called in question in any court.

(3) A High CourtHigh Court High Court Judges in England and Wales handle complex and tough cases, sitting in London and traveling to court centers around the country. They preside over serious criminal and important civil cases, and support the Lord and Lady Justices in hearing appeals. High Court Judges are commonly referred to as ‘Mr/Mrs/Ms Justice surname’ and are given the prefix ‘The Honourable’. They are assigned to the King’s Bench Division, the Family Division, or the Chancery Division. The King’s Bench Division focuses on civil wrongs and judicial review, the Family Division deals with family law, and the Chancery Division handles various cases including company law and probate. Judges are appointed through a rigorous process overseen by the Judicial Appointments Commission. shall not exercise any jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. under Article 199 in relation to any area in which the Armed Forces of Pakistan are, for the timeTime χρόνος. Judicial: Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) यमः , पुं, (यमयति नियमयति जीवानां फलाफलमिति । यम् + अच् । विश्वे च कलयत्येव यः सर्व्वायुश्च सन्ततम् । अतीव दुर्निवार्य्यञ्च तं कालं प्रणमाम्यहम् ॥यमैश्च नियमैश्चैव यः करोत्यात्मसंयमम् । स चादृष्ट्वा तु मां याति परं ब्रह्म सनातनम् ॥ being, acting in aid of civil power in pursuance of Article 245:

Provided that this clause shall not be deemed to affect the jurisdiction of the High Court in respect of any proceeding pending immediatelyForthwith In Rao Mahmood Ahmad Khan v. Ranbir Singh , has held that the word ‘forthwith’ is synonymous with the word immediately, which means with all reasonable quickness. When a statute requires something to be done ‘forthwith’ or ‘immediately’ or even ‘instantly’, it should probably be understood as allowing a reasonable time for doing it. The interpretation of the word ‘forthwith’ would depend upon the terrain in which it travels and would take its colour depending upon the prevailing circumstances which can be variable. (Shento Varghese v. Julfikar Husen & Ors [2024] 6 S.C.R. 409). Anwar Ahmad v. State of UP [1976] 1 SCR 779 : AIR (1976) SC 680; Nevada Properties (P) Ltd. v. State of Maharashtra & Anr. [2019] 15 SCR 223 : (2019) 20 SCC 119; State of Maharashtra v. Tapas D. Neogy [1999] Supp. 2 SCR 609 : 1999 INSC 417; Ravinder Kumar & Anr. v. State of Punjab [2001] Supp. 2 SCR 463 : (2001) 7 SCC 690; Bhajan Singh and Ors. v. State of Haryana [2011] 7 SCR 1 : 2011 INSC 422; HN Rishbud v. State of Delhi [1955] 1 SCR 1150 : (1954) 2 SCC 934; Sk. Salim v. State of West Bengal [1975] 3 SCR 394 : (1975) 1 SCC 653; China Apparao and Others v. State of Andhra Pradesh [2002] Supp. 3 SCR 175 : (2002) 8 SCC 440; Navalshankar Ishwarlal Dave v. State of Gujarat [1993] 3 SCR 676 : 1993 Supp. 3 SCC 754; Rao Mahmood Ahmad Khan v. Ranbir Singh [1995] 2 SCR 230 : (1995) Supp. 4 SCC 275; Bidya Deb Barma v. District Magistrate [1969] 1 SCR 562 : (1968) SCC OnLine SC 82.  before the day on which the Armed Forces start acting in aid of civil power.

(4) Any proceeding in relation to an area referred to in clause (3) instituted on or after the day the Armed Forces start acting in aid of civil power and pending in any High Court shall remain suspended for the period during which the Armed Forces are so acting.] 697

Foot Notes

689 Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 90 (with effect from April 19, 2010) for :
243 Command of Armed Forces.
(1) The Federal Government shall have control and command of the Armed Forces.

690[ (1A) Without prejudice to the generality of the foregoing provision, the Supreme Command of the Armed Forces shall vest in the President. ] 690
(2) The President shall, subject to law, have power-
(a) to raise and maintain the Military, Naval and Air Forces of Pakistan; and the Reserves of such Forces; 691[and] 691
(b) to grant Commissions in such Forces 692[.] 692
693[] 693

694[ (3) The President shall, 695[in consultation with the Prime Minister] 695, appoint-
(a) the Chairman, Joint Chiefs of Staff Committee;
(b) the Chief of the Army Staff;
(c) the Chief of the Naval Staff; and
(d) the Chief of the Air Staff,
and shall also determine their salaries and allowances.” ] 694

690 Inserted by Revival of Constitution of 1973 Order, 1985 (President’s Order No. 14 of 1985), Art 2, Sch. item 50 (with effect from March 2, 1985).
691 Inserted by Legal Framework Order, 2002 (Chief Executive’s Order No. 24 of 2002), Article 3(1), Sch. item 23(1)(a) (with effect from August 21, 2002).
692 Substituted by Legal Framework Order, 2002 (Chief Executive’s Order No. 24 of 2002), Article 3(1), Sch. item 23(1)(b) (with effect from August 21, 2002) for “; and”.
693 The following was omitted by Legal Framework Order, 2002 (Chief Executive’s Order No. 24 of 2002), Article 3(1), Sch. item 23(1)(b) (with effect from August 21, 2002) : :
(c) to appoint the Chairman, Joint Chiefs of Staff Committee, the Chief of the Army Staff, the Chief of the Naval Staff and the Chief of the Air Staff, and determine their salaries and allowances.
694 Inserted by Legal Framework Order, 2002 (Chief Executive’s Order No. 24 of 2002), Article 3(1), Sch. item 23(2) (with effect from August 21, 2002).
695 Substituted by Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), Article 8 (with effect from December 31, 2003) for “in his discretion”.
696 Renumbered by Constitution (Seventh Amendment) Act, 1977 (23 of 1977), Section 4 (with effect from April 21, 1977)
697 Inserted by Constitution (Seventh Amendment) Act, 1977 (23 of 1977), Section 4 (with effect from April 21, 1977).

The Constitution of Pakistan