Provisional Constitutional Order
Encyclopedia
A Provisional Constitutional Order, or PCO, is an extra-constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...

al order that suspends either wholly or partially the Constitution of Pakistan
Constitution of Pakistan
The Constitution of the Islamic Republic of Pakistan is the supreme law of Pakistan. Known as the Constitution of 1973, it was drafted by the government of Zulfikar Ali Bhutto and, following additions by the opposition parties, was approved by the legislative assembly on April 10, 1973...

. 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
Supreme Court of Pakistan
The Supreme Court is the apex court in Pakistan's judicial hierarchy, the final arbiter of legal and constitutional disputes. The Supreme Court has a permanent seat in Islamabad. It has number of Branch Registries where cases are heard. It has a number of de jure powers which are outlined in the...

, only Justice Dorab Patel
Dorab Patel
Chief Justice Dorab Framrose Patel , was a Pakistan jurist, and lawmaker who served as a former Chief Justice of Supreme Court of Pakistan and former Chief Justice of Sindh High Court...

 and Justice Fakhruddin G. Ebrahim
Fakhruddin G. Ebrahim
The Honourable Justice Fakhruddin G. Ebrahim , TI, is a retired Pakistani Associate Judge of the Supreme Court of Pakistan, and Senior Advocate Supreme Court, and peace activist. Ebrahim also served as the interim Law Minister from 18 July 1993 till 19 October 1993, and interim Justice Minister 5...

 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
Pervez Musharraf
Pervez Musharraf , is a retired four-star general who served as the 13th Chief of Army Staff and tenth President of Pakistan as well as tenth Chairman of the Joint Chiefs of Staff Committee. Musharraf headed and led an administrative military government from October 1999 till August 2007. He ruled...

 on October 14, 1999, immediately after a coup d'etat
Coup d'état
A coup d'état state, literally: strike/blow of state)—also known as a coup, putsch, and overthrow—is the sudden, extrajudicial deposition of a government, usually by a small group of the existing state establishment—typically the military—to replace the deposed government with another body; either...

. The PCO was also accompanied by a declaration of a state of emergency
State of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...

. 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".

Provisional Constitutional Order of 2007

In 2007, another Provisional Constitutional Order was issued by General Pervez Musharraf
Pervez Musharraf
Pervez Musharraf , is a retired four-star general who served as the 13th Chief of Army Staff and tenth President of Pakistan as well as tenth Chairman of the Joint Chiefs of Staff Committee. Musharraf headed and led an administrative military government from October 1999 till August 2007. He ruled...

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