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    Friday, 13 February 2015

    5th and 6th Amendment and its features

    The history of constitutions of Pakistan is not good. In fact, Pakistan has been proved a laboratory for constitutional experiments. Pakistan already experienced abrogation of its first two constitutions of 1956 and 1962. Experiences of amending its present constitution have not proved positive because some constitutional amendments have been not for constitutional development, but for consolidation of military governments.

    Total Amendment in Constitution of Pakistan 1973
    Till January 2015, twenty one (21) Amendments have been made in constitution of Pakistan 1973.



    Main Feature or Explanation of Fifth Amendment

    Following are the main features of Fifth Amendment with its effects on judiciary.

    i) Chief Justice of Supreme Court
    Through Fifth Amendment declare that the term of office of Chief Justice of Supreme Court was five years and sixty five years as a maximum age. Such chief Justice receive pension, if he had retired from office of Chief Justice on attaining age of sixty five years. Fifth Amendment has declared that a person, who had once held office as chief justice of Supreme Court, could not again be appointed to that office. However, this provision was not applicable to that person, who remained acting chief Justice of Supreme Court.

    ii) Chief Justice of High Court
    According to Fifth Amendment, term of office of Chief Justice of High Court was four years and its maximum age of sixty two years. Such Chief Justice receive pension, if he retire from office on attaining age of sixty two years. A person who had once hold office as Chief Justice of High Court, could not again be appointed to that office but this provision not applicable on acting Chief Justice of High Court.

    iii) Separate High Courts For Balochistan and Sindh
    Fifth Amendment ceased Sind and Baluchistan High Court and established separate High Courts for Balochistan.

    iv) High Courts and Fundamental Rights
    Fifth Amendment limited powers of High courts to enforce grants of those natural fundamental rights, which were explained in constitution.

    v) Contempt of Court
    Under Fifth Amendment, court got power to punish a person for contempt of court in according with law.

    6th Amendment
    Sixth Amendment set sixty five years as age of retirement of Chief Justice of Supreme Court and sixty two years of age of retirement for Chief Justice of High Court.

    Conclusion

    To conclude, it can be stated that amendments, which have been no far made in constitution of Pakistan, can be divided into two kinds: some of them were passed by Parliament and other Amendments were inserted into constitution by military dictators. 
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    Item Reviewed: 5th and 6th Amendment and its features Rating: 5 Reviewed By: Usman Ali
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