The Provisional Constitutional Order (PCO) is an

emergency An emergency is an urgent, unexpected, and usually dangerous situation that poses an immediate risk to health, life, property, or environment and requires immediate action. Most emergencies require urgent intervention to prevent a worsening ...

and extra-constitutional order that suspends either wholly or partially the

Constitution of Pakistan The Constitution of Pakistan ( ; ISO 15919, ISO: '' Āīn-ē-Pākistān''), also known as the 1973 Constitution, is the supreme law of Pakistan. The document guides Pakistan's law, political culture, and system. It sets out the state's outlin ...

— the supreme law of the land. The PCO acts as a temporary order while the constitution is held in abeyance or suspension. These orders have mostly been enforced during times of

martial law Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. Martial law can continue for a specified amount of time, or indefinitely, and standard civil liberties ...

imposed by the

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

of the country against the

civilian A civilian is a person who is not a member of an armed force. It is war crime, illegal under the law of armed conflict to target civilians with military attacks, along with numerous other considerations for civilians during times of war. If a civi ...

governments.

Overview of Provisional Constitutional Order

Provisional Constitutional Order, 1981

Soon after the

went into effect in 1977, the

was suspended. The first Provisional Constitutional Order (PCO) was declared on March 24, 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: Arts and entertainment Film and television *'' Præsident ...

and Chief of Army Staff General

Muhammad Zia-ul-Haq Muhammad Zia-ul-Haq (12 August 192417 August 1988) was a Pakistani military officer and statesman who served as the sixth president of Pakistan from 1978 until Death of Muhammad Zia-ul-Haq, his death in an airplane crash in 1988. He also se ...

. Under this new order, the senior justices of the

Supreme Court of Pakistan The Supreme Court of Pakistan (; ''Adālat-e-Uzma Pākistān'') is the apex court in the Judiciary of Pakistan, judicial hierarchy of the Islamic Republic of Pakistan. Established in accordance witPart VIIof the Constitution of Pakistan, it h ...

were asked to take an

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

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 and Senior Justice Fakhruddin G. Ebrahim declined to take the oath, thus opting for retirement. Senior Justice Sheikh Anwarul Haq also resigned after refusing to take the oath, while Senior Justice Maulvi 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 Ali Bhutto (5 January 1928 – 4 April 1979) was a Pakistani barrister and politician who served as the fourth president of Pakistan from 1971 to 1973 and later as the ninth Prime Minister of Pakistan, prime minister of Pakistan from 19 ...

hanging Hanging is killing a person by suspending them from the neck with a noose or ligature strangulation, ligature. Hanging has been a standard method of capital punishment since the Middle Ages, and has been the primary execution method in numerou ...

and were reportedly restrained from taking the 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, 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 by population (United Nations), most populous country since ...

that nearly pushed the two countries to the brink of war,

Chairman Joint Chiefs of Staff Committee The Chairman Joint Chiefs of Staff Committee (CJCSC) is, in principle, the highest-ranking and senior most uniformed military officer, typically at four-star rank, in the Pakistan Armed Forces who serves as a principal staff officer (PSO) an ...

and Chief of Army Staff General

Pervez Musharraf Pervez Musharraf (11 August 1943 – 5 February 2023) was a Pakistani general and politician who served as the tenth president of Pakistan from 2001 to 2008. Prior to his career in politics, he was a four-star general and appointed as ...

imposed

against the government of

Prime Minister A prime minister 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. A prime minister is not the head of state, but r ...

Nawaz Sharif Mian Muhammad Nawaz Sharif (born 25 December 1949) is a Pakistani politician and businessman who served as the 12th Prime Minister of Pakistan, prime minister of Pakistan for three non-consecutive terms, first serving from 1990 to 1993, then ...

on October 12, 1999. General Musharraf effectively imposed a

state of emergency A state of emergency is a situation in which a government is empowered 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 before, during, o ...

and suspended the

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

after introducing the Provisional Order. Nearly all senior justices were 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 (PCO) was issued by General

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