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dunilefra · 1 month ago

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Facts of Pakistan's Constitution

Preamble

Whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust;

And whereas it is the will of the people of Pakistan to establish an order;

Wherein the State shall exercise its powers and authority through the chosen representatives of the people;

Wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed;

Wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and Sunnah;

Wherein adequate provision shall be made for the minorities freely to profess and practise their religions and develop their cultures;

Wherein the territories now included in or in accession with Pakistan and such other territories as may hereafter be included in or accede to Pakistan shall form a Federation wherein the units will be autonomous with such boundaries and limitations on their powers and authority as may be prescribed;

Wherein shall be guaranteed fundamental rights, including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality;

Wherein adequate provision shall be made to safeguard the legitimate interests of minorities and backward and depressed classes;

Wherein the independence of the judiciary shall be fully secured;

Wherein the integrity of the territories of the Federation, its independence and all its rights, including its sovereign rights on land, sea and air, shall be safeguarded;

So that the people of Pakistan may prosper and attain their rightful and honoured place amongst the nations of the World and make their full contribution towards international peace and progress and happiness of humanity;

Now, therefore, we, the people of Pakistan;

Conscious of our responsibility before Almighty Allah and men;

Cognisant of the sacrifices made by the people in the cause of Pakistan;

Faithful to the declaration made by the Founder of Pakistan, Quaid-i-Azam Mohammad Ali Jinnah, that Pakistan would be a democratic State based on Islamic principles of social justice;

Dedicated to the preservation of democracy achieved by the unremitting struggle of the people against oppression and tyranny;

Inspired by the resolve to protect our national and political unity and solidarity by creating an egalitarian society through a new order;

Do hereby, through our representatives in the National Assembly, adopt, enact and give to ourselves, this Constitution.

1. The Republic and its territories (Part of it)

Pakistan shall be Federal Republic to be known as the Islamic Republic of Pakistan, hereinafter referred to as Pakistan.

2. Islam to be State religion

Islam shall be the State religion of Pakistan.

10. Safeguards as to arrest and detention (Part of it)

No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.

Every person who is arrested and detained in custody shall be produced before a magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the nearest magistrate, and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

Nothing in clauses (1) and (2) shall apply to any person who is arrested or detained under any law providing for preventive detention.

31. Islamic way of life

Steps shall be taken to enable the Muslims of Pakistan, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam and to provide facilities whereby they may be enabled to understand the meaning of life according to the Holy Quran and Sunnah.

The State shall endeavour, as respects the Muslims of Pakistan,-

to make the teaching of the Holy Quran and Islamiat compulsory, to encourage and facilitate the learning of Arabic language and to secure correct and exact printing and publishing of the Holy Quran;

to promote unity and the observance of the Islamic moral standards; and

to secure the proper organisation of zakat ushr, auqaf and mosques.

32. Promotion of local Government institutions

The State shall encourage local Government institutions composed of elected representatives of the areas concerned and in such institutions special representation will be given to peasants, workers and women.

40. Strengthening bonds with Muslim world and promoting international peace

The State shall endeavour to preserve and strengthen fraternal relations among Muslim countries based on Islamic unity, support the common interests of the peoples of Asia, Africa and Latin America, promote international peace and security, foster goodwill and friendly relations among all nations and encourage the settlement of international disputes by peaceful means.

41. The President (Part of it)

There shall be a President of Pakistan who shall be the Head of State and shall represent the unity of the Republic.

A person shall not be qualified for election as President unless he is a Muslim of not less than forty-five years of age and is qualified to be elected as member of the National Assembly.

51. National Assembly

There shall be three hundred and thirty-six seats for members in the National Assembly, including seats reserved for women and non-Muslims.

A person shall be entitled to vote if-

he is a citizen of Pakistan;

he is not less than eighteen years of age;

his name appears on the electoral roll; and

he is not declared by a competent court to be unsound mind.

The seats in the National Assembly referred to in clause (1), except the seats mentioned in clause (4), shall be allocated to each Province and the Federal Capital as under:-

Balochistan: General Seats 16, Women Seats 4, Total Seats 20

Khyber Pkhtunkhwa: General Seats 45, Women Seats 10, Total Seats 55

Punjab: General Seats 141, Women Seats 32, Total Seats 173

Sindh: General Seats 61, Women Seats 14, Total Seats 75

Federal Capital: General Seats 3, Women Seats -, Total Seats 3

Total: General Seats 266, Women Seats 60, Total Seats 326

In addition to the number of seats referred to in clause (3), there shall be, in the National Assembly, ten seats reserved for non-Muslims.

For the purpose of election to the National Assembly,-

the constituencies for the general seats shall be single member territorial constituencies and the members to fill such seats shall be elected by direct and free vote in accordance with law;

each Province shall be a single constituency for all seats reserved for women which are allocated to the respective Provinces under clause (3);

the constituency for all seats reserved for non-Muslims shall be the whole country;

members to the seats reserved for women which are allocated to a Province under clause (3) shall be elected in accordance with law through proportional representation system of political parties' lists of candidates on the basis of total number of general seats secured by each political party from the Province concerned in the National Assembly: Provided that for the purpose of this paragraph the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates; and

members to the seats reserved for non-Muslims shall be elected in accordance with law through proportional representation system of political parties' lists of candidates on the basis of total number of general seats won by each political party in the National Assembly: Provided that for the purpose of this paragraph the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates.

59. The Senate (Part of it)

The Senate shall consist of ninety-six members, of whom,-

fourteen shall be elected by the members of each Provincial Assembly;

two on general seats, and one woman and one technocrat including aalim shall be elected from the Federal Capital in such manner as the President may, by Order, prescribe;

four women shall be elected by the members of each Provincial Assembly;

four technocrats including ulema shall be elected by the members of each Provincial Assembly; and

four non-Muslims, one from each Province, shall be elected by the members of each Provincial Assembly: Provided that paragraph (f) shall be effective from the next Senate election after the commencement of the Constitution (Eighteenth Amendment) Act, 2010.

Election to fill seats in the Senate allocated to each Province shall be held in accordance with the system of proportional representation by means of the single transferable vote.

The Senate shall not be subject to dissolution but the term of its members, who shall retire as follows, shall be six years:-

of the members referred to in paragraph (a) of clause (1), seven shall retire after the expiration of the first three years and seven shall retire after the expiration of the next three years;

[omitted by the Constitution (Twenty-fifth Amendment) Act, 2017 (37 of 2018)]

of the members referred to in paragraph (c) of the aforesaid clause,-

one elected on general seat shall retire after the expiration of the first three years and the other one shall retire after the expiration of the next three years; and

one elected on the seat reserved for technocrat shall retire after first three years and the one elected on the seat reserved for woman shall retire after the expiration of the next three years;

of the members referred to in paragraph (d) of the aforesaid clause, two shall retire after the expiration of the first three years and two shall retire after the expiration of the next three years;

of the members referred to in paragraph (e) of the aforesaid clause, two shall retire after the expiration of the first three years and two shall retire after the expiration of the next three years; and

of the members referred to in paragraph (f) of the aforesaid clause, two shall retire after the expiration of first three years and two shall retire after the expiration of next three years: Provided that the Election Commission for the first term of seats for non-Muslims shall draw a lot as to which two members shall retire after the first three years.

Notwithstanding the omission of paragraph (b) of clause (1) and the omission of paragraph (b) of clause (3), the exiting members of the Senate from the Federally Administered Tribal Areas shall continue till expiry of their respective terms of office and on the expiry of the aforesaid terms this clause shall stand omitted.

The term of office of a person elected to fill a casual vacancy shall be the unexpired term of the member whose vacancy he has filled.

62. Qualifications for membership of Majlis-e-Shoora (Parliament)

A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless-

he is a citizen of Pakistan;

he is, in the case of the National Assembly, not less than twenty-five years of age and is enrolled as a voter in any electoral roll in-

any part of Pakistan, for election to a general seat or a seat reserved for non-Muslims; and

any area in a Province from which she seeks membership for election to a seat reserved for women.

he is, in the case of the Senate, not less than thirty years of age and is enrolled as a voter in any area in a Province or, as the case may be, the Federal Capital, from where he seeks membership;

he is of good character and is not commonly known as one who violates Islamic Injunctions;

he has adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam as well as abstains from major sins;

he is sagacious, righteous, non-profligate, honest and ameen, there being no declaration to the contrary by a court of law; and

he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the ideology of Pakistan.

The disqualifications specified in paragraphs (d) and (e) shall not apply to a person who is a non-Muslim, but such a person shall have good moral reputation.

63. Disqualifications for membership of Majlis-e-Shoora

A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if-

he is of unsound mind and has been so declared by a competent court; or

he is an undischarged insolvent; or

he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State; or

he holds an office of profit in the service of Pakistan other than an office declared by law not to disqualify its holder; or

he is in the service of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest; or

being a citizen of Pakistan by virtue of section 14B of the Pakistan Citizenship Act, 1951 (II of 1951), he is for the time being disqualified under any law in force in Azad Jammu and Kashmir from being elected as a member of the Legislative Assembly of Azad Jammu and Kashmir; or

he has been convicted by a court of competent jurisdiction for propagating any opinion, or acting in any manner, prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or the integrity, or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan, unless a period of five years has lapsed since his release; or

he has been, on conviction for any offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release; or

he has been dismissed from the service of Pakistan or service of a corporation or office set up or, controlled by the Federal Government, Provincial Government or a Local Government on the grounds of misconduct, unless a period of five years has elapsed since his dismissal; or

he has been removed or compulsorily retired from the service of Pakistan or service of a corporation or office set up or controlled by the Federal Government, Provincial Government or a Local Government on the ground of misconduct, unless a period of three years has elapsed since his removal or compulsory retirement; or

he has been in the service of Pakistan or of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest, unless a period of two years has elapsed since he ceased to be in such service; or

he, whether by himself or by any person or body of persons in trust for him or for his benefit or on his account or as a member of a Hindu undivided family, has any share or interest in a contract, not being a contract between a cooperative society and Government, for the supply of goods to, or for the execution of any contract or for the performance of any service undertaken by, Government: Provided that the disqualification under this paragraph shall not apply to a person-

where the share or interest in the contract devolves on him by inheritance or succession or as a legatee, executor or administrator, until the expiration of six months after it has so devolved on him;

where the contract has been entered into by or on behalf of a public company as defined in the Companies Ordinance, 1984 (XLVII of 1984), of which he is a shareholder but is not a director holding an office of profit under the company; or

where he is a member of a Hindu undivided family and the contract has been entered into by any other member of that family in the course of carrying on a separate business in which he has no share or interest;

Explanation.-In this Article "goods" does not include agricultural produce or commodity grown or produced by him or such goods as he is, under any directive of Government or any law for the time being in force, under a duty or obligation to supply; or

he holds any office of profit in the service of Pakistan other than the following offices, namely:-

an office which is not whole time office remunerated either by salary or by fee;

the office of Lumbardar, whether called by this or any other title;

the Qaumi Razakars;

any office the holder whereof, by virtue of such office, is liable to be called up for military training or military service under any law providing for the constitution or raising of a Force; or

he has obtained a loan for an amount of two million rupees or more, from any bank, financial institution, cooperative society or cooperative body in his own name or in the name of his spouse or any of his dependents, which remains unpaid for more than one year from the due date, or has got such loan written off; or

he or his spouse or any of his dependents has defaulted in payment of government dues and utility expenses, including telephone, electricity, gas and water charges in excess of ten thousand rupees, for over six months, at the time of filing his nomination papers; or

he is for the time being disqualified from being elected or chosen as a member of the Majlis-e-Shoora (Parliament) or of a Provincial Assembly under any law for the time being in force. Explanation.- For the purposes of this paragraph "law" shall not include an Ordinance promulgated under Article 89 or Article 128.

If any question arises whether a member of the Majlis-e-Shoora (Parliament) has become disqualified from being a member, the Speaker or, as the case may be, the Chairman shall, unless he decides that no such question has arisen, refer the question to the Election Commission within thirty days and if he fails to do so within the aforesaid period it shall be deemed to have been referred to the Election Commission.

The Election Commission shall decide the question within ninety days from its receipt or deemed to have been received and if it is of the opinion that the member has become disqualified, he shall cease to be a member and his seat shall become vacant.

91. The Cabinet (Part of it)

There shall be a Cabinet of Ministers, with the Prime Minister at its head, to aid and advise the President in the exercise of his functions.

The National Assembly shall meet on the twenty-first day following the day on which a general election to the Assembly is held, unless sooner summoned by the President.

After the election of the Speaker and the Deputy Speaker, the National Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its Muslim members to be the Prime Minister.

106. Constitution of Provincial Assemblies (Part of it)

Each Provincial Assembly shall consist of general seats and seats reserved for women and non-Muslims as specified herein below:-

Baluchistan: General Seats 51, Women 11, Non-Muslims 3, Total 65

Khyber Pakhtunkhwa: General Seats 115, Women 26, Non-Muslims 4, Total 145

The Punjab: General Seats 297, Women 66, Non-Muslims 8, Total 371

Sindh: General Seats 130, Women 29, Non-Muslims 9, Total 168

The seats for the Province of Khyber Pakhtunkhwa, referred to in clause (1), include sixteen general seats, four seats for the women and one seat for non-Muslims in respect of the Federally Administered Tribal Areas:

For the purpose of election to a Provincial Assembly,-

the constituencies for the general seats shall be single member territorial constituencies and the members to fill such seats shall be elected by direct and free vote;

each Province shall be a single constituency for all seats reserved for women and non-Muslims allocated to the respective Provinces under clause (1);

the members to fill seats reserved for women and non- Muslims allocated to a Province under clause (1) shall be elected in accordance with law through proportional representation system of political parties' lists of candidates on the basis of the total number of general seats secured by each political party in the Provincial Assembly: Provided that for the purpose of this sub-clause, the total number of general seats won by a political party shall include the independent returned candidate or candidates who may duly join such political party within three days of the publication in the official Gazette of the names of the returned candidates.

175A. Appointment of Judges to the Supreme Court, High Courts and the Federal Shariat Court (Part of it)

There shall be a Judicial Commission of Pakistan, hereinafter in this Article referred to as the Commission, for appointment of Judges of the Supreme Court, High Courts and the Federal Shariat Court, as hereinafter provided.

For appointment of Judges of the Federal Shariat Court, the Commission in clause (2) shall also include the Chief Justice of the Federal Shariat Court and the most senior Judge of that Court as its members:

Provided that for appointment of Chief Justice of Federal Shariat Court, the provisos, to clause (5) shall, mutatis mutandis, apply.

203C. The Federal Shariat Court

There shall be constituted for the purposes of this Chapter a Court to be called the Federal Shariat Court.

The Court shall consist of not more than eight Muslim Judges, including the Chief Justice, to be appointed by the President in accordance with Article 175A.

The Chief Justice shall be a person who is, or has been, or is qualified to be, a Judge of the Supreme Court or who is or has been a permanent Judge of a High Court.

Of the Judges, not more than four shall be persons each one of whom is, or has been, or is qualified to be, a Judge of a High Court and not more than three shall be Ulema having at least fifteen years experience in Islamic law, research or instruction.

The Chief Justice and a Judge shall hold office for a period not exceeding three years, but may be appointed for such further term or terms as the President may determine: Provided that a Judge of a High Court shall not be appointed to be a Judge except with his consent and, except where the Judge is himself the Chief Justice, after consultation by the President with the Chief Justice of the High Court.

The Chief Justice, if he is not a Judge of the Supreme Court, and a Judge who is not a Judge of a High Court, may, by writing under his hand addressed to the President, resign his office.

The Chief Justice and a Judge shall not be removed from office except in the like manner and on the like grounds as a Judge of the Supreme Court.

[omitted]

The principal seat of the Court shall be at Islamabad, but the Court may from time to time sit in such other places in Pakistan as the Chief Justice may, with the approval of the President, appoint.

Before entering upon office, the Chief Justice and a Judge shall make before the President or a person nominated by him oath in the form set out in the Third Schedule by him

At any time when the Chief Justice or a Judge is absent or is unable to perform the functions of his office, the President shall appoint another person qualified for the purpose to act as Chief Justice or, as the case may be, Judge.

A Chief Justice who is not a Judge of the Supreme Court shall be entitled to the same remuneration, allowances and privileges as are admissible to a Judge of the Supreme Court and a Judge who is not a Judge of a High Court shall be entitled to the same remuneration, allowances and privileges as are admissible to a Judge of a High Court: Provided that where a Judge is already drawing a pension for any other post in the service of Pakistan, the amount of such pension shall be deducted from the pension admissible under this clause.

203CC. Penal of Ulema and Ulema members

[Omitted by the Constitution (Second Amdt.) Order, 1981 (P.O. No. 7 of 1981), Art. 3, which was previously ins. by P.O. No. 5 of 1981, Art. 2.]

203D. Powers, jurisdiction and functions of the Court

The Court may, either of its own motion or on the petition of a citizen of Pakistan or the Federal Government or a Provincial Government, examine and decide the question whether or not any law or provision of law is repugnant to the Injunctions of Islam, as laid down in the Holy Quran and the Sunnah of the Holy Prophet, hereinafter referred to as the Injunctions of Islam.

Where the Court takes up the examination of any law or provision of law under clause (1) and such law or provision of law appears to it to be repugnant to the Injunctions of Islam, the Court shall cause to be given to the Federal Government in the case of a law with respect to a matter in the Federal Legislative List or to the Provincial Government in the case of a law with respect to a matter not enumerated in the Federal Legislative List, a notice specifying the particular provisions that appear to it to be so repugnant, and afford to such Government adequate opportunity to have its point of view placed before the Court.

If the Court decides that any law or provision of law is repugnant to the Injunctions of Islam, it shall set out in its decision

the reasons for its holding that opinion; and

the extent to which such law or provision is so repugnant;

and specify the day on which the decision shall take effect: Provided that no such decision shall be deemed to take effect before the expiration of the period within which an appeal therefrom may be preferred to the Supreme Court or, where an appeal has been so preferred, before the disposal of such appeal.

If any law or provision of law is held by the Court to be repugnant to the Injunctions of Islam,-

the President in the case of a law with respect to a matter in the Federal Legislative List or the Governor in the case of a law with respect to a matter not enumerated in said List shall take steps to amend the law so as to bring such law or provision into conformity with the Injunctions of Islam; and

such law or provision shall, to the extent to which it is held to be so repugnant, cease to have effect on the day on which the decision of the Court takes effect.

203F. Appeal to Supreme Court (Part of it)

An appeal shall lie to the Supreme Court from any judgment, final order or sentence of the Federal Shariat Court-

if the Federal Shariat Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death or imprisonment for life or imprisonment for a term exceeding fourteen years; or, on revision, has enhanced a sentence as aforesaid; or

if the Federal Shariat Court has imposed any punishment on any person for contempt of the Court.

An appeal to the Supreme Court from a judgment, decision, order or sentence of the Federal Shariat Court in a case to which the preceding clauses do not apply shall lie only if the Supreme Court grants leave to appeal.

For the purpose of the exercise of the jurisdiction conferred by this Article, there shall be constituted in the Supreme Court a Bench to be called the Shariat Appellate Bench and consisting of-

three Muslim Judges of the Supreme Court; and

not more than two Ulema to be appointed by the President to attend sittings of the Bench as ad hoc members thereof from amongst the Judges of the Federal Shariat Court or from out of a panel of Ulema to be drawn up by the President in consultation with the Chief Justice.

A person appointed under paragraph (b) of clause (3) shall hold office for such period as the President may determine.

Reference in clauses (1) and (2) to "Supreme Court" shall be construed as a reference to the Shariat Appellate Bench.

While attending sittings of the Shariat Appellate Bench, a person appointed under paragraph (b) of clause (3) shall have the same power and jurisdiction, and be entitled to the same privileges, as a Judge of the Supreme Court and be paid such allowances as the President may determine.

227. Provisions relating to the Holy Quran and Sunnah

All existing laws shall be brought in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah, in this part referred to as the Injunctions of Islam, and no law shall be enacted which is repugnant to such Injunctions. Explanation.- In the application of this clause to the personal law of any Muslim sect, the expression "Quran and Sunnah shall mean the Quran and Sunnah as interpreted by the sect.

Effect shall be given to the provisions of clause (1) only in the manner provided in this Part.

Nothing in this Part shall affect the personal laws of non-Muslim citizens or their status as citizens.

228. Composition, etc., of Islamic Council

There shall be, constituted within a period of ninety days from the commencing day a Council of Islamic Ideology, in this part referred to as the Islamic Council.

The Islamic Council shall consist of such members, being not less than eight and not more than twenty as the President may appoint from amongst persons having knowledge of the principles and philosophy of Islam as enunciated in the Holy Quran and Sunnah, or understanding of the economic, political, legal or administrative problems of Pakistan.

While appointing members of the Islamic Council, the President shall ensure that-

so far as practicable various schools of thought are represented in the Council;

not less than two of the members are persons each of whom is, or has been a Judge of the Supreme Court or of a High Court;

not less than one third of the members are persons each of whom has been engaged, for a period of not less than fifteen years, in Islamic research or instruction; and

at least one member is a woman.

The President shall appoint one of the members of the Islamic Council to be the Chairman thereof.

Subject to clause (6), a member of the Islamic Council shall hold office for a period of three years.

A member may, by writing under his hand addressed to the President, resign his office or may be removed by the President upon the passing of a resolution for his removal by a majority of the total membership of the Islamic Council.

229. Reference by Majlis-e-Shoora (Parliament), etc., to Islamic Council

The President or the Governor of a Province may, or if two-fifths of its total membership so requires, a House or a Provincial Assembly shall, refer to the Islamic Council for advice on any question as to whether a proposed law is or is not repugnant to the Injunctions of Islam.

230. Functions of the Islamic Council

The functions of the Islamic Council shall be-

to make recommendations to Majlis-e-Shoora (Parliament) and the Provincial Assemblies as to the ways and means of enabling and encouraging the Muslims of Pakistan to order their lives individually and collectively in all respects in accordance with the principles and concepts of Islam as enunciated in the Holy Quran and Sunnah;

to advise a House, a Provincial Assembly, the President or a Governor on any question referred to the Council as to whether proposed law is or is not repugnant to the Injunctions of Islam;

to make recommendations as to the measures for bringing existing laws into conformity with the Injunctions of Islam and the stages by which such measures should be brought into effect; and

to compile in a suitable form, for the guidance of Majlis-e-Shoora (Parliament) and the Provincial Assemblies, such Injunctions of Islam as can be given legislative effect.

When, under Article 299, a question is referred by a House, a Provincial Assembly, the President or a Governor to the Islamic Council, the Council shall, within fifteen days thereof, inform the House, the Assembly, the President or the Governor, as the case may be, of the period within which the Council expects to be able to furnish that advice.

Where a House, a Provincial Assembly, the President or the Governor, as the case may be, considers that, in the public interest, the making of the proposed law in relation to which the question arose should not be postponed until the advice of the Islamic Council is furnished, the law may be made before the advice is furnished: Provided that, where a law is referred for advice to the Islamic Council and the Council advises that the law is repugnant to the Injunctions of Islam, the House or, as the case may be, the Provincial Assembly, the President or the Governor shall reconsider the law so made.

The Islamic Council shall submit its final report within seven years of its appointment, and shall submit an annual interim report. The report, whether interim or final, shall be laid for discussion before both Houses and each Provincial Assembly within six months of its receipt, and Majlis-e-Shoora (Parliament) and the Assembly, after considering the report, shall enact laws in respect thereof within a period of two years of the final report.

231. Rules of procedure

The proceedings of the Islamic Council shall be regulated by rules of procedure to be made by the Council with approval of the President.

260. Definitions

In the Constitution and all enactments and other legal instruments, unless there is anything repugnant in the subject or context,-

"Muslim" means a person who believes in the unity and oneness of Almighty Allah, in the absolute and unqualified finality of the Prophethood of Muhammad (peace be upon him), the last of the prophets, and does not believe in, or recognize as a prophet or religious reformer, any person who claimed or claims to be a prophet, in any sense of the word or of any description whatsoever, after Muhammad (peace be upon him); and

"non-Muslim" means a person who is not a Muslim and includes a person belonging to the Christian, Hindu, Sikh, Budhist or Parsi community, a person of the Quadiani group or the Lahori group (who call themselves 'Ahmadis' or by any other name), or a Bahai, and a person belonging to any of the scheduled castes.

by Dunilefra, working for Political Analysis

#Pakistan #Dunilefra #Politics #Political Reform #World Politics #World Order #Fundamental Rights #Human Rights #Economy #Religion #State Policy #Political Analysis #Constitution #Constitutional Law #Law #Tawhidur Rahman Dear #Dear

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shahananasrin-blog · 1 year ago

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[ad_1] Quaid-i-Azam Mohammad Ali Jinnah was one of the greatest leaders of the modern age, who not only led the Muslims of the Indian subcontinent to independence but also founded a separate homeland for them, where they could live honour, practice their faith and cultivate their culture and civilisation. This accomplishment stands as even more remarkable for Quaid-i-Azam than for any other leader in the realm of national liberation. While fellow leaders contended for autonomy within established states, Quaid-i-Azam pursued a vision of a distinct homeland monumental feat through near-solo determination and constitutional means, and prevailed in the face of formidable opposition. As is rightly pointed out by Stanley Wolpert rightly: “Few individuals significantly alter the course of history. Fewer still modify the map of the world. Hardly anyone can be credited with creating a nation-state. Mohammad Ali Jinnah did all three. Hailed as a `Great Leader` (Quaid-i-Azam) of Pakistan and its first Governor General, Jinnah virtually conjured that country into statehood by the force of his indomitable will.”At the onset of his political career, Quaid-i-Azam devotedly advocated for the Hindu Muslim unity and dedicated his energies and efforts towards its attainment. His efforts were appreciated by many and Mr Jinnah was acknowledged by the Hindus themselves as “the Ambassador of Hindu Muslim Unity”. But the force of emerging conditions soon led the Muslims of the subcontinent to change their outlook and adopt a different course.”In his presidential address at the Special Pakistan Session of the Punjab Muslim Students Federation on March 2, 1941, the Quaid said: “We are a nation: And a nation must have a territory. What is the use of merely saying that we are a nation? Nation does not live in the air. It lives on the land, it must govern land, and must have a territorial state and that is what you want to get (cheers).”After the establishment of the state of Medina in 622 AD, Pakistan was created as the first modern ideological Islamic state. Why Hindus and Muslims could not coalesce into one nation although they lived together for centuries? The answer to this question can be found in the Quaid’s speech at Aligarh, in 1944, wherein he remarked: “Pakistan started the moment the first non-Muslim was converted to Islam in India long before the Muslims established their rule. As soon as a Hindu embraced Islam he was outcast not only religiously but also socially, culturally and economically. As for the Muslim, it was a duty imposed on him by Islam not to merge his identity and individuality in any alien society. Throughout the ages, Hindus had remained Hindus and Muslims had remained Muslims, and they had not merged their entities- that was the basis of Pakistan”Quaid on democracyOn February 14, 1948, the Quaid expressed his idea of democracy in a speech he delivered at the Sibi Durbar in the following words:“I have had one underlying principle in mind, the principle of Muslim democracy. It is my belief that our salvation lies in following the golden rules of conduct set for us by our great law giver, the Prophet of Islam. Let us lay the foundations of our democracy on the basis of truly Islamic ideals and principles. Our Almighty has taught us that “Our decision in the affairs of the State shall be guided by discussions and consultations.”Quaid on the purpose of the creation of PakistanOutlining the purpose of the creation of Pakistan the Quaid said in a speech to the officers of the Defence Services on October 11, 1947, that the idea was that “we should have a state in which we could live and breathe as free men and which we could develop according to our own lights and culture and where principles of Islamic social justice could find free play”.The Quaid visualised the wellbeing of the people of Pakistan. Therefore, he announced on August 11, 1947 in his presidential address to the Constituent Assembly of Pakistan, that “If we want this great State of Pakistan happy and prosperous we should wholly and solely concentrate on the well being of the people and especially of the masses and poor.”The Quaid struggled for the poor people. Talking to the Muslim League workers on March 01, 1946, at Calcutta the Quaid said:“I am an old man; God has given me enough to live comfortably at this age. Why would I turn my blood into water, run about and take so much trouble? Not for the capitalists surely but for you, the poor people.”Quaid on educationThe Quaid was conscious of the onerous task of remodeling the colonial system of education in order that a new structure responsive to the religious, socio-cultural and economic needs of Pakistan should emerge. Responding to a suggestion that the education of Muslims in all states required complete overhauling, the Quaid opined that education will be one of the problems that the Pakistan government will be called upon to deal with, when it is established, to be followed by economic and social reforms.“Education is the foundation of every nation”, said Jinnah, on January 12, 1947, and added that it was a matter of regret that Sindh was the most backward province in the whole country in education. He was glad that there was some awakening now and urged for an earnest drive towards literacy throughout the province extending to all communities.“The Muslim of today is very lazy”, said the Quaid and he further remarked and added: “it was through hard work, industry and perseverance alone that anything could be achieved.”When partition was done, the whole education domain was absolutely unsatisfactory. Curricula and textbooks were out-dated. Higher education was also in a deplorable condition. There were only three universities including University of Sindh which was established a few months before the creation of Pakistan in April 1947, and few colleges in the areas which constituted Pakistan. Science and Technical subjects were rarely studied at higher levels. Facilities for scientific, technical and vocational education were very limited.The British government neglected primary education. The main emphasis was on higher education, the primary and secondary education was subordinated to the requirements of university education.After the establishment of Pakistan, efforts were made to encourage the development of primary education. New primary schools were opened; the government appointed qualified teachers and provided modern equipment at schools.The Quaid devoted his entire energies to harnessing the nascent state. He was concerned about the system of education neglected by the colonial government. He wanted to incorporate Islamic education which can arouse the spirit of harmony and tolerance among the people to strengthen the foundations of society and enable citizens to contribute to the development of the country. To create such a society it was necessary to teach and train the young generation on sound footing. He defined the concept of education in his message to the All Pakistan Education Conference on November 27, 1947 as under:“Education does not merely mean academic education and even that appears to be of a very poor type. What we have to do is to mobilise our people and build up the character of our future generations. There is an immediate and urgent need for training our people in scientific and technical education in order to build up our future economic life, and we should see that our people undertake science, commerce, trade and particularly well-planned industries. But do not forget that we have to compete with the world which is moving very fast in this direction. Also I must emphasise that greater attention should be paid to technical and vocational education.” The Quaid declared that a newborn State of Pakistan demands nation-builders not clerks to be responsible for the administration of Pakistan. In his address at the Dacca University Convocation on March 24, 1948, he observed: “The main object of the old system of education and the system of Government existing hitherto was really to have well-trained, well-equipped clerks. Of course, some of them went higher and found their level, but the whole idea was to get well-qualified clerks...the whole principle was to create a mentality, a psychology, a state of mind, that an average man, when he passed his BA or MA, was to look for some job in government. I know and you all know what has been really the result of this. Our experience has shown that an MA earns less than a taxi driver and most of so-called government servants are living in a more miserable manner than many menial servants who are employed by well-to-do people. Now I want you to get out of that rut and that mentality and especially now that we are in free Pakistan. The government cannot absorb thousands. Impossible. But in the competition to get government service most of you get demoralised. Government can take only a certain number and the rest cannot settle down to anything else and being disgruntled are always ready to be exploited by persons who have their own axes to grind.” He further stated, “There is no shame in doing manual work and labour. There is an immense scope in technical education for we want technically qualified people very badly. You can learn banking, commerce, trade, law etc which provide so many opportunities now. Already you find that new industries are being started, new banks, new insurance companies, new commercial firms are opening and they will grow as you go on.”Quaid on governmentThe Quaid-i-Azam showed no inclination either for presidential or parliamentary system but he was very clear on the fundamental principles that the government should be constituted by the elected representatives of the people with executive and judiciary should function independently. In a broadcast to the people of the US (February, 1948) he elucidated the validity of Islamic principles in their application to democratic polity as follows: “The constitution of Pakistan has yet to be owned by the Pakistan Constituent Assembly. I do not know what the ultimate shape of this Constitution is going to be, but I am sure that it will be a democratic type, embodying the essential principles of Islam. Today, they are as applicable in actual life as they were 1,300 years ago. Islam and its idealism have taught us democracy. It has taught equality of man, justice and fair play to everybody. We are the inheritors of these glorious traditions and are fully alive to our responsibilities and obligations as framers of the future Constitution of Pakistan.”Quaid on provincial autonomyThe Quaid was in favour of conferring autonomy to the provinces. Thus, in a statement on the Viceroy’s Speech at Calcutta, the Quaid on December 10, 1945 at Bombay said:“Our Pakistan Government will probably be a Federal Government, modeled on lines of autonomous provinces with the key power in matters of Defence and Foreign Affairs etc at the Centre. But that will be for the Constitution-making body, our Constitution-making body, to decide.”Quaid on rule of lawThe Quaid strictly believed in the rule of law and was totally committed to democracy. When the members of the Pakistan Muslim League Council expressed the desire that he should accept its presidency, the Quaid-i-Azam declined to do so for the reason that as the Head of State he had to look after the interests of all sections and could not associate with any political party. Thus, it could be said that the Quaid lived and died as a democrat. To him democracy was the way of life of the Musalmans and through it alone Pakistan could achieve a place of honour, dignity and glory in the comity of nations.In fact, the Quaid’s vision of Pakistan was that it would be an Islamic welfare state where not one person would be exploited.Quaid on free and fair electionsThe Quaid always advocated for free and fair elections and believed that the successful working of any democratic policy depended on the conduct of an election free from corrupt practices.The Quaid condemned bribery and corruption and disdained black market. He said, “A citizen who does black marketing commits, 1 think, greater crime than the biggest and most grievous crimes.”Quaid on governanceIn his Presidential Address delivered extempore at the Thirtieth Session of the All India Muslim League, Delhi, April 24, 1943 the Quaid declared:“I have no doubt in my mind that a large body of us visualise Pakistan as a people’s government... But I am sure that democracy is in our blood. It is in our marrows. Only centuries of adverse circumstances have made the circulation of that blood cold. It has got frozen and your arteries have not been functioning.” The Quaid also gave a fair warning to the landed elites, he asserted, “But thank God, the blood is circulating again, thanks to the Muslim League’s efforts. It will be the people’s government. Here I would like to give a warning to the landlords and capitalists who have flourished at our expense by a system which is so vicious, which is so wicked and which makes them so selfish that it is difficult to reason with them.”The Quaid-i-Azam had affirmed that there would be no room for a capitalist economic system in Pakistan. In his speech at the opening ceremony of the State Bank of Pakistan on July 1, 1948, the Quaid announced:“The economic system of the West has created almost insoluble problems for humanity and to many of us it appears that only a miracle can save it from the disaster that is facing the world. It has failed to do justice between man and man, and to eradicate friction from the international field. On the contrary, it was largely responsible for the two World Wars in the last half century. The adoption of Western economic theory and practice will not help us in achieving our goal of creating a happy and contented people.”In fact, the Quaid’s envisioned Pakistan as a welfare state that would serve its people, secure their rights and protect their interests, irrespective of class, racial or cultural difference.The quotes from Quaid’s speeches and addresses are cited from the book, “Creation of Pakistan” authored by Jamil-ud-Din Ahmad, (1976, Volume II, 234, 246, 453, 463, 293).-This is one of the unpublished articles written by Dr M Yakub Mughul (late) before his death. He was an HEC Eminent Scholar and former Director, Quaid-i-Azam Academy, Karachi. [ad_2]

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