Constitutional posts are positions established by the Constitution whose powers and appointment methods are also outlined in the Constitution. An All-Pakistan service exists across both the federal and provincial governments, while the service of Pakistan includes the armed forces and other positions established by law. Appointments to federal civil service positions are made by Parliament according to Article 240, while provincial civil service appointments are made by provincial assemblies. Existing rules remain valid unless inconsistent with the Constitution. The Constitution also provides for equal opportunity and representation in government services.
Constitutional Posts and Services of Pakistan Articles Explained
1. Constitutional Posts are those State
functionaries who derive their existence and
powers directly from the Constitution.
Usually, the method of their appointment
and removal is also mentioned thereof
All- Pakistan Service" means a service
common to the Federation and the
Provinces, which was in existence
immediately before the commencing day or
which may be created by Act of Majlis- e-
Shoora (Parliament)
“service of Pakistan” means any service, post or office in connection with the affairs of the
Federation or of a Province, and includes an All-Pakistan Service, service in the Armed Forces and any
other service declared to be a service of Pakistan by or under Act of 1
[Majlis-e-Shoora
(Parliament)] or of a Provincial Assembly, but does not include service as Speaker, Deputy
Speaker, Chairman, Deputy Chairman, Prime Minister, Federal Minister, Minister of State,
Chief Minister, Provincial Minister,4
[Attorney General, 5
[Advocate-General, Parliamentary
Secretary] or6
[Chairman or member of a Law Commission, Chairman or member of the
Council of Islamic Ideology, Special Assistant to the Prime Minister, Adviser to the Prime
Minister, Special Assistant to a Chief Minister, Adviser to a Chief Minister] or member of a
House or a Provincial Assembly
Appointment to service
of Pakistan and conditions of service:
Article 240.
(a) in the case of the civil services of the
Federation, posts in
connection with the affairs of the Federation and
Civil Services by the Parliament)
(b) in the case of the services of a provinces,
the posts in connection with the affairs of the
provinces, by act of the
Provincial Assembly.(enabling article
Article 241.
Existing rules:
All rules and orders in force immediately before
the
Commencing day shall, so far as consistent
with the provisions of the Constitution.(saving
article or clause)
Article 27.
Safeguard against discrimination in services.
Proviso: Quota system
Zonal quota ----------
Classes of person
Non Muslims
Women
Disabled /special
The widow or son or daughter of the deseed civil servant if died
during service
By exercising the power conferred by art 240 the parliament framed and passed the law
Civil Servant Act 1973
Public Service Commission: Art. 242
The Parliament in relation to the affairs of the Federation, and the Provincial
Assemblies of the Provinces in affairs of the Provinces, may, by law, provide for
the establishment and constitution of a Public Service Commission.
Subject: Administrative law (services laws)
Standard: LL.B second year
Topic: Relevant Articles in the constiti of pak 1973
MUNIR HUSSAIN KTK
Lecturer
UNIVERSITY LAW COLLEGE
QUETTA
www.facebook.com/pages/Corridor-to-Commercial-Law
Objectives
To learn
I the constitutional provisions regarding
civil services of Pakistan
Constitutional
Post
Constitutional
Post
If person
is
otherwise
qualified
To secure their adequate representation in the
service of Pakistan some post may be reserved for
person belonging to any class or area
All Pakistan
service
Art 240
All Pakistan
service
Art 240
Service of
Pakistan
Art 260
Service of
Pakistan
Art 260
Articles 212 . Tribunal
Article 242. Commission