A Provisional Constitutional Order, or PCO, is an extra-constitutional order that suspends either wholly or partially the Constitution of Pakistan. It provides a temporary constitution while the actual constitution is held in abeyance or suspension.
Provisional Constitutional Order of 1981[]
The first Provisional Constitutional Order in the history of Pakistan was declared by General Zia ul Haq on March 24, 1981. Higher judiciary was asked to take oath of office under the PCO. In the Supreme Court of Pakistan, only Justice Dorab Patel and Justice Fakhruddin G. Ebrahim declined. They were asked to tender their resignation, which they did.
Provisional Constitutional Order of 1999[]
The second PCO in the history of Pakistan was declared by General Pervez Musharraf on October 14, 1999, immediately after a coup d'etat. The PCO was also accompanied by a declaration of a state of emergency. The members of the judiciary were required to take oath under the PCO, and concerns were raised that this would "erode the independence of the judiciary".[1]
Provisional Constitutional Order of 2007[]
In 2007, another Provisional Constitutional Order was issued by General Pervez Musharraf. The PCO was issued on November 3, 2007 and later amended on November 15, 2007. It was lifted on December 16, 2007.
References[]
- ↑ "Pakistan Judges Refuse Oath Demanded by Pakistan's Rulers". 31 January 2000. http://news.google.com/newspapers?id=8GFaAAAAIBAJ&sjid=70wNAAAAIBAJ&dq=pakistan%20judge%20oath&pg=6907%2C2851269. Retrieved 7 May 2011.
The original article can be found at Provisional Constitutional Order and the edit history here.