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 Constitution of Pakistan ( ur, ), also known as the 1973 Constitution, is the supreme law of Pakistan. Drafted by the government of Zulfikar Ali Bhutto, with additional assistance from the country's opposition parties, it was approved by ...

— the supreme law of land. The PCO fulfills and acts as the temporary order while the constitution is held in abeyance or suspension. Mostly, the orders have been enforced during the times of

martial law Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory. Use Martia ...

imposed by the

armed forces A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...

of the country against the

civilian Civilians under international humanitarian law are "persons who are not members of the armed forces" and they are not " combatants if they carry arms openly and respect the laws and customs of war". It is slightly different from a non-combatant ...

governments.

Overview of Provisional Constitutional Order

Provisional Constitutional Order, 1981

Soon after the

went into immediate effect in 1977, the

was suspended. The first PCO was declared on 24 March 1981 by then-

President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...

and chief of army staff General Zia-ul-Haq. Under this new order, the senior Justice of the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

of Pakistan were asked to take an

oath Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to g ...

of office under the provisions set by the PCO. In March 1981,

Zia terminated 19 senior Justices of the Supreme Court when they refused to take the oath. Chief Justice

Dorab Patel Justice Dorab Framrose Patel (b. 1924 – d.15 March 1997), was a Pakistan jurist of Parsi descent, and lawmaker who served as a former Justice of the Supreme Court of Pakistan and former Chief Justice of the Sindh High Court. Justice Patel was ...

and Senior Justice Fakhruddin G. Ebrahim declined to take the oath; thus opting for retirement. 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. Senior Justices Hussain and Haq had previously approved

Zulfikar Ali Bhutto Zulfikar (or Zulfiqar) Ali Bhutto ( ur, , sd, ذوالفقار علي ڀٽو; 5 January 1928 – 4 April 1979), also known as Quaid-e-Awam ("the People's Leader"), was a Pakistani barrister, politician and statesman who served as the fourt ...

hanging Hanging is the suspension of a person by a noose or ligature around the neck.Oxford English Dictionary, 2nd ed. Hanging as method of execution is unknown, as method of suicide from 1325. The ''Oxford English Dictionary'' states that hanging ...

were reportedly restrained to take an oath under the secretive directives issued by President Zia. All of these Senior Justices were asked to tender their resignation, which they did.

Provisional Constitutional Order, 1999

In the wake of political tensions arising after the border incidents with

India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...

that nearly pushed the two countries to the brink of war, Chairman Joint Chiefs of Staff Committee and Chief of Army Staff General

Pervez Musharraf General Pervez Musharraf ( ur, , Parvez Muśharraf; born 11 August 1943) is a former Pakistani politician and four-star general of the Pakistan Army who became the tenth president of Pakistan after the successful military takeover of t ...

immediately imposed

against the government of

Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...

Nawaz Sharif Mian Muhammad Nawaz Sharif (Urdu, Punjabi: ; born 25 December 1949) is a Pakistani businessman and politician who has served as the Prime Minister of Pakistan for three non-consecutive terms. He is the longest-serving prime minister of Pak ...

on 12 October 1999. General Musharraf effectively imposed a

state of emergency A state of emergency is a situation in which a government is empowered to be able to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state du ...

and suspended the

Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...

after introducing the Provisional Order. Nearly, all 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".

Provisional Constitutional Order, 2007

In 2007, another Provisional Constitutional Order was issued by General

. The PCO was issued on 3 November 2007 and was later amended on 15 November 2007. It was lifted on 16 December 2007.

References

{{Constitution of Pakistan Constitution of Pakistan Political terminology in Pakistan Military terminology of Pakistan Legal history of Pakistan Continuity of government in Pakistan