Understanding Pakistan Project

Understanding Pakistan Project Team July 9th, 2007

With an objective of creating a comprehensive repository of materials here, I was looking for the complete text of Pakistan’s first Constitution. Haven’t been able to find one. Here is the best I could do. I have some excerpts from most important sections and parts of the Constitution. Should anybody from the audience have access to the complete text, or commentaries on the first constitution UPP would be interested in putting in on. -Ed.  

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THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN

Excerpts and Summary (adopted from Keith Callard, Pakistan: A Political Study, Allen and Unwin, 1957, pp.355)

PREAMBLE

In the name of Allah, the Beneficent, the Merciful 

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

Whereas the Founder of Pakistan, Quaid-i-Azam Mohammad Ali Jinnah, declared that Pakistan would be a democratic State based on Islamic principles of social justice;

And whereas the Constituent Assembly, representing the people of Pakistan, have resolved to frame for the sovereign independent State of Pakistan a constitution;

Wherein the State should 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, should be fully observed;

Wherein the Muslims of Pakistan should be enabled individually and collectively to order their lives in accordance with the teachings and requirements of Islam, as set out in the Holy Quran and Sunnah;

Wherein adequate provision should be made for the minorities freely to profess and practise their religion and develop their culture;

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 should form a Federation, wherein the Provinces would be autonomous with such limitations on their powers and authority as might be prescribed;

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

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

Wherein the independence of the judiciary should be fully secured;

Wherein the integrity of the territories of the Federation, its independence and all its rights, including its sovereign rights over land, sea and air should 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 the progress and happiness of humanity.
PART I THE REPUBLIC AND ITS TERRITORIES

1.  (1) Pakistan shall be a Federal Republic to be known as the Islamic Republic of Pakistan. . . . 

PART II FUNDAMENTAL RIGHTS

4.  Laws inconsistent with the constitution to be void.¼br> 5.  (1) All citizens are equal before law and are entitled to equal protection of law.
     (2) No person shall be deprived of life or liberty save in accordance with law.

6.  Protection against retrospective offences or punishment.

 7.  Safeguards as to arrest and detention; limits on preventive detention.

8.  Every citizen shall have the right to freedom of speech and expression, subject to any reasonable restrictions imposed by law in the interest of the security of Pakistan, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.

9.  Freedom of assembly.

10.  Freedom of association.

11.  Freedom of movement and right to hold and dispose of property.

12.  Freedom of trade, business or profession.

13.  Rights and safeguards respecting religious and educational institutions.

14.  (1) No person shall be deprived of his property save in accordance with law. Compulsory acquisition only for public purposes and on payment of compensation. Existing laws and some special categories are not affected by these restrictions.

15.  Slavery and forced labour prohibited.

16.  Subject to law, public order and morality– 

                       (a) every citizen has the right to profess, practise and propagate any religion; and

                        (b) every religious denomination and every sect thereof has the right to establish, maintain and manage its religious institutions 17.  Preservation of culture and language.

18.  Abolition of untouchability.

19.  The Supreme Court to have powers to guarantee fundamental rights. 

PART III -  DIRECTIVE PRINCIPLES OF STATE POLICY

24.  The State shall endeavour to strengthen the bonds of unity among Muslim countries, to promote international peace and security, to foster goodwill and friendly relations among all nations, and to encourage the settlement of international disputes by peaceful means.

25.  (1) Steps shall be taken to enable the Muslims of Pakistan individually and collectively to order their lives in accordance with the Holy Quran and Sunnah.

26.  The State shall safeguard the legitimate rights and interests of the minorities, including their due representation in the Federal and Provincial Services.

27.  The State shall endeavour to– 

         (b) remove illiteracy, and provide free and compulsory primary education within the minimum possible period;

         (e) prevent prostitution, gambling and the taking of injurious drugs; and

         (f ) prevent the consumption of alcoholic liquor other than for medicinal and, in the case of non-Muslims, religious purposes.  

29.  The State shall endeavour to–

(a) secure the well-being of the people, irrespective of caste, creed or race, by raising the standard of living of the common man, by preventing the concentration of wealth and means of production and distribution in the hands of a few to the detriment of the interest of the common man, and by ensuring equitable adjustment of rights between employers and employees, and landlords and tenants;

30.  The State shall separate the Judiciary from the Executive as soon as practicable. 

PART IV  - THE FEDERATION
 

Chapter I.–The Federal Government

32.  The President. The President to be elected by the members of both the National and Provincial Assemblies. He must be a Muslim and at least 40 years of age.

33.  The President holds office for five years and may not serve more than two terms.

34.  The President may be removed by impeachment by the National Assembly; a majority of three-quarters of the total membership is required.

35.  In the event of a vacancy or disability the Speaker of the National Assembly is to act as President.

36.  (1) 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.
       (3) The President shall, in his discretion, appoint from amongst the members of the National Assembly a Prime Minister who, in his opinion, is most likely to command the confidence of the majority of the members of the National Assembly.

     (5) The Cabinet, together with the Ministers of State, shall be collectively responsible to the National Assembly.

      (6) The Prime Minister shall hold office during the pleasure of the President, but the President shall not exercise his powers under this clause unless he is satisfied that the Prime Minister does not command the confidence of the majority of the members of the National Assembly.
      (7) In the exercise of his functions, the President shall act in accordance with the advice of the Cabinet or the appropriate Minister or Minister of State, as the case may be, except in cases where he is empowered by the Constitution to act in his discretion and except as respects the exercise of his powers under clause (6).

38.  It shall be the duty of the Prime Minister–
        (a) to communicate to the President all decisions of the Cabinet relating to the administration of the affairs of the Federation and proposals for legislation.

        (b) to furnish such information relating to the administration of the affairs of the Federation and proposals for legislation as the President may call for; and

        (c) if the President so requires, to submit, for the consideration of the Cabinet, any matter on which a decision has been taken by a Minister but which has not been considered by the Cabinet.
 

Chapter II.–The Parliament of Pakistan

43.  There shall be a Parliament of Pakistan consisting of the President and one House, to be known as the National Assembly.¼br> 44.  The Assembly consists of three hundred members, though for ten years ten additional seats are provided for women.¼br> 45. 

          (1) The President may summon, prorogue or dissolve the National Assembly and shall, when summoning the Assembly, fix the time and place of the meeting: Provided that at least one session of the National Assembly in each year shall be held at Dacca.

          (2)Whenever a Prime Minister is appointed, the National Assembly, if, at the time of the appointment, it is not sitting and does not stand dissolved, shall be summoned so as to meet within two months thereafter.

          (3) Unless sooner dissolved, the National Assembly shall stand dissolved on the expiration of five years from the date of its first meeting.

51.  There shall be at least two sessions of the National Assembly in every year, and six months shall not intervene between the last sitting of the Assembly in one session and its first sitting in the next session.

52.  Office of Speaker, rules of procedure and privileges of members of the National Assembly.

53.  To become law, a Bill requires the assent of the President. The President may withhold assent or return a Bill for reconsideration. In the event of withholding of assent, should the Bill be re-passed by the votes of not less than two-thirds of the members present and voting, the President is required to give his assent.

54.  Definition of a Money Bill.

55.  Proposals for expenditure may originate only with the government.

56.  No tax shall be levied for the purposes of the Federation except by or under the authority of an Act of Parliament.

57.  An annual financial statement is to be laid before the Assembly.

58.  Certain sums to be charged upon the Federal Consolidated Fund.

59.  When the Assembly is not in session, the President shall have power to promulgate ordinances having the force of law. Such ordinances shall be laid before the Assembly and shall cease to operate six weeks after the next meeting of the Assembly or sooner if so resolved by the Assembly. 

PART V  - THE PROVINCES

Chapter I.–The Provincial Government

70.  (1) There shall be a Governor for each Province who shall be appointed by the President and shall hold office during the pleasure of the President.

71.  The provinces have a form of cabinet government similar in all essentials to that provided for the federation. 

Chapter II.–The Provincial Legislature

76.  Each provincial Assembly consists of three hundred members with the temporary reservation of ten additional seats for women. The general provisions governing the Pro-vincial Assemblies are similar to those for the National Assembly.

77.  (1) No person shall at the same time be a member of the National Assembly and of a Provincial Assembly. . . .

 78.  The executive authority of a Province is to apply to Excluded Areas and Special Areas but a degree of control over such areas is reserved to the central government. 

PART VI. RELATIONS BETWEEN THE FEDERATION AND THE PROVINCES

Chapter I.–Legislative Powers

106.  Parliament shall have exclusive legislative jurisdiction over the subjects enumerated in the Federal List, the Provinces shall have exclusive jurisdiction over the Provincial List and each may pass laws relating to subjects in the Concurrent List (see Schedule V).

107.  Parliament may legislate on a provincial matter with the consent of the Province. Parliament has power to pass laws to implement any treaty. The residuary power of legislation lies with the Provinces.

108.  In the event of a conflict between a valid Act of Parliament and an Act of a Provincial Assembly, the Parliamentary law shall prevail. However, with the previous consent of the federal government, a provincial Act under the Concurrent List may take effect even though it conflict with an Act of Parliament. 

Chapter II.–Financial Provisions

112.  Property of Federal and Provincial governments to be exempt from taxes.

 113.  Federal supervision over certain provincial loans.

114.  National Finance Commission representing the Federation and the Provinces, to be established every five years. It is to make recommendations concerning the distribution of shared taxes (including income tax, sales tax and export duties), grants-in-aid and public borrowing.

115.  Provinces not to restrict inter-provincial trade. 

Chapter IV.–Administrative Relations between the Federation and the Provinces

125.  Federation to protect the Provinces and to ensure that their government ‘is carried on in accordance with the provisions of the Constitution.

 126.  Provincial executive authority to carry out provisions of federal law and not to impede federal executive authority. Federal government may issue certain directions to a Province.

127.  Parliament may transfer railways to provincial jurisdiction. 

PART VIII - ELECTIONS

137.  President, in his discretion, to appoint Election Commission.

138.  The Election Commission shall be charged with the duty of–
         (a) preparing electoral rolls for elections to the National Assembly and the Provincial Assemblies, and revising such rolls annually; and

        (b) organizing and conducting elections to the National Assembly and the Provincial Assemblies.

139.  Whenever the National Assembly or a Provincial Assembly is dissolved, a general election for the reconstitution of the Assembly shall be held not later than six months from the date of dissolution;

140.  President may constitute a Delimitation Commission to demarcate territorial constituencies.

141.  Qualifications of electors; adult suffrage.

142.  Parliament, after consulting Provincial Assemblies, to decide on joint or separate electorates. 

PART IX THE JUDICIARY

Chapter I.–The Supreme Court

149.  (1) The Chief Justice of Pakistan shall be appointed by the President, and the other Judges shall be appointed by the President after consultation with the Chief Justice.

150.  A judge may be removed only by the President after an address by the National Assembly, two-thirds of the members concurring.

156.  Supreme Court to have original jurisdiction in disputes between the Federation and the Provinces and in certain disputes between the Provinces.

157.  President may request an advisory opinion from the Court.

 Chapter II.–The High Courts

 158.  Judges to be appointed by the President after consultation with the Chief Justice, the Governor and the Provincial Chief Justice.

 159.  High Courts may issue writs of habeas corpus, mandamus, prohibition, quo warranto and certiorari. 

PART X THE SERVICES OF PAKISTAN

Chapter I.–Services

179.  Conditions of service and protection against arbitrary treatment.

Chapter II.–Public Service Commissions

180.  Public Service Commissions to be appointed by the President and Governors in their discretion.

181.  Functions of Public Service Commissions; examinations, disciplinary matters, claims. 

PART XI EMERGENCY PROVISIONS

191.  (1) If the President is satisfied that a grave emergency exists in which the security or economic life of Pakistan, or any part thereof, is threatened by war or external aggression, or by internal disturbance beyond the power of a Provincial Government to control, he may issue a Proclamation of Emergency . . .

(2) Under such Proclamation, the President may assume the powers of a Provincial Government and Parliament may legislate for a Province.

(6) A Proclamation shall be laid before the National Assembly as soon as conditions make it practicable for the President to summon that Assembly, and if approved by the Assembly, shall remain in force until it is revoked, or if disapproved, shall cease to operate from the date of disapproval.
192.  During a national emergency the President may suspend the fundamental rights.

193.  If the President, ‘is satisfied that a situation has arisen in which the government of the Province cannot be carried on in accordance with the provisions of the Constitution,’ he may assume the powers of the Provincial Government. A Proclamation under this Article is valid for two months but may be extended by the National Assembly for a further four months.

194.  Under a state of financial emergency the federal government may issue certain directions to a Province. 

PART XII GENERAL PROVISIONS

Chapter I.–Islamic Provisions

197.  (1) The President shall set up an organization for Islamic research and instruction in advanced studies to assist in the reconstruction of Muslim society on a truly Islamic basis.

198.  (1) No law shall be enacted which is repugnant to the Injunctions of Islam as laid down in the Holy Quran and Sunnah . . . and existing law shall be brought into conformity with such Injunctions.

199.  (3) The President is to appoint a Commission to advise on the enactment of Islamic law. 

Chapter II.–Appointment of Special Councils and Boards

199.  The President shall constitute a National Economic Council, representing the Federation and the Provinces. It shall formulate plans which shall ‘aim at ensuring that uniform standards are attained in the economic development of all parts of the country.’ 

Chapter V.–Miscellaneous

211.  Parliament shall determine the area of the federal capital, the administration of which shall vest in the President.¼br> 212.  (1) The State languages of Pakistan shall be Urdu and Bengali:

Provided that for the period of twenty years from the Constitution Day, English shall continue to be used for all official purposes for which it was used in Pakistan immediately before the Constitution Day . . .

215.  The Constitution may be amended by an Act of Parliament, provided that it has been approved by a majority of the total membership of the Assembly and two-thirds of those present and voting. Certain Articles may be amended only with the consent of the Province(s) concerned. 

PART XIII TEMPORARY AND TRANSITIONAL PROVISIONS

This Part provides for the conversion of the existing machinery of government into conformity with the Constitution.
First Schedule. Election of President.

1.  The Chief Election Commissioner shall hold and conduct any election to the office of President, and shall be the Returning Officer for such election.¼br> 2.  If only two candidates are entered, the election is by simple majority. If no candidate obtains more than half the votes cast, the candidate with the least votes shall be excluded and a second vote held; this process continues until one candidate has obtained a majority. 

Fifth Schedule

Federal List
The federal list of legislative powers includes: defence and associated industries; foreign affairs; citizenship and aliens; foreign and inter-provincial trade; currency and banking; stock exchanges; corporations with business in more than one Province; patents and copyright; navigation and shipping; major ports; posts and telecommunications; mineral oil and natural gas; elections to the National and Provincial Assemblies; preventive detention for reasons connected with defence, foreign affairs or security; federal services; privileges and immunities of the President and Governors; federal taxes.

Concurrent List
Civil and criminal law; scientific and industrial research; poisons and drugs; publishing and the Press; labour relations and social security; refugees and evacuee property; economic and social planning; monopolies; iron, steel, coal and minerals; arms and explosives.

Provincial List
Public order; administration of justice; police; preventive detention for public order purposes; prisons; land; corporations within the Province; land revenue; agriculture; local government; water; education; public health; railways; roads and bridges; vehicles; intoxicating liquor; opium; industries; factories; mines and mineral development; trade and commerce within the Province; markets; salt; forests; gambling; fisheries; professions; provincial services; zakat; charities; lunacy; waqfs and mosques; taxes on agricultural income, succession to agricultural income, succession to agricultural land, land and buildings; stamp duties and excise on drugs and alcohol; luxury taxes; capitation taxes.

• Chaudhri Mohammad Ali , Complete Texts , Center-Province Relations , Inter-Provincial Relations , 1955-1958 , Legislature & Legislation , Constitution