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CONSTITUTIONAL DEVELOPMENT IN PAKISTAN

Introduction: The major objective for the demand of Pakistan was the establishment of a

social, political and economic order based on Islamic principles after the independence. It

aimed to provide a society to Muslims of sub-continent where they could easily and freely

profess and practice their religion and mould their lives according to the fostering of

brotherly relations with the Islamic world and to make Pakistan a formidable citadel of

Islam in order to erect a society based on the principles of Islam.

Pakistan is the first nation in the world, whose creation was based on

the religious motives. It was because of this reason that the popular and famous slogan of

Pakistan ka Matlab Kiya? La Illaha Illallah was the main basis of the demand of Pakistan.

But at the very outset of its establishment, it had no Islamic constitution of its own, so

according to the independence act of 1947, the government of India Act 1935, with certain

amendments was adopted by Pakistan. However, a new constitution was to be framed for

the country since the old act of 1935 did not contain everything required for an

independent Islamic State.

Initial Problems in constitution making:

It took almost nine years for the two constitution assemblies to make aconstitution for the country. The constitutional assemblies had to solve many problems

which were causing hindrance in constitution making.

Those problems were

I. National Language; first problem was that which language will be the national

language of Pakistan. In west Pakistan Urdu was the first choice for people but in

east Pakistan the scenario was different, they were demanding Bangali as a

national language.

II. Islamic or Secular state; The causes of the division of India and creation of Pakistan have been debated by the intellectuals and political thinkers since the

day one. One view contends that Pakistan was created for Islam. The other one

argue that its purpose was to safeguard the political., religious. cultural as well

as economic interests of the Muslims. In simple words the first view is that

Pakistan meant to be religious state while the other insist that Pakistan was to

be a secular state.



III. Type of Government; Another debate was started for the type of government that

which type of government will be favorable for Pakistan, will it be parliamentary

form of government or presidential form of government.

IV. Separate or Joint electorate

V.

Federalism; Whether there will be two territorial parts i.e; East Pakistan and WestPakistan, or five territorial parts i.e; Punjab, Sindh, N.W.F.P, Baluchistan, and East

Pakistan as one unit.

Basic Principle Committee:

On March 12, 1949, the constituent assembly formed a body of twenty-fourmembers and asked it to put forward the basic principles of constitution. This committeeformed four sub-committees for its assistance. These were:

1. Sub-committee for Federal and Provincial Powers

2. Sub-committee for Basic Principles3. Sub-committee for Franchisement and4. Sub-committee for Judiciary

The sub-committee for basic principles established Board of Islamic Teachings. Its mainfunction was to guide the constituent assembly about all matters of constitutionaldevelopment according to Islamic principles. However, its status was only of an advisorand the constituent assembly was not bound to accept its proposals.

1st BPC Report:

The Basic Principles Committee presented its provisional report on September 28, 1950.The report declared that the governor general would be the head of the state. He wouldappoint prime minister and provincial governors. He might or might not be a Muslim.Parliament was divided into upper and lower houses. The representation of the East and West Pakistan in the upper house was to be given on parity basis. However, thepresentation in the lower house was given according to population ratio.

This report met strict opposition and criticism. Quite surprisingly, none of itsprovision properly confirmed Islamic principles of government. The leaders of Bengalrefused to accept this report. They claimed that Bengalis held majority but they could

become a minority in joint sessions of upper and lower houses. This report granted morepowers to the federal government. Many political leaders declared it a dictatorial systembecause the president enjoyed extra ordinary powers according to this report. This reportproposed to merge judiciary and administration. This would mean a cut to the powers of judiciary.



Many political and religious leaders condemned this report and said that this report was aserious blow to civil and democratic liberties. This report met a drastic failure and wastaken back. Liaqat Ali Khan, the prime minister, requested all the members of thelegislature and common people to send their proposals. Religious scholars warmly welcomed this invitation. They submitted their twenty-two points as guiding principles

for the future constitution.

2nd BPC Report:

On December 22, 1952, The Basic Principles Committee submitted its finalreport. According to this report, the governor general was to be elected in the jointsession of upper and lower houses of central legislature for five years. The governorgeneral would be a Muslim. He would not be a member of legislature. He would not beanswerable to the legislature. Parliament was divided in upper and lower houses. Thisreport proposed equal representation of the East and West Pakistan in upper and lower

houses.

The purpose of this report was to redress the weaknesses of the provisional report but ittoo faced criticism. This time the Punjab province protested against the parity rule andBengal demanded more autonomy. In this way, a tug of war started between the twoprovinces, which later led to great losses. Religious sections also raised the point that thereport did not impose any duty on the government to establish an Islamic society. Eventhe country was not named "Islamic Republic of Pakistan". Similarly, judiciary was notgiven absolute authority. The major flaw in the report was that it did not define a way outif a conflict could not be resolved in joint session of upper and lower houses.

Objective Resolution:

This resolution was passed by the First Constituent Assembly in March 1949 under theleadership of Liaquat Ali Khan. It contained those objectives on which thefuture constitution was to be based as stated by the founder of the nation, Quaid-e-Azamin February 1948, said:“The constitution of Pakistan will be democratic and based on the fundamental laws of Islam.”

Salient Features of Objective ResolutionThe salient features of the Objective Resolution are as follows:

1. Sovereignty Belongs to Allah; The resolution clearly laid down that sovereignity overthe entire Universe belongs to Almighty Allah alone and the authorities to be exercised by the people of Pakistan are a sacred trust.2. Federal System; Federal System of Government will be introduced in Pakistan.3. Principles of Islam; Principles of democracy, equality, freedom and social justice as laiddown by Islam shall be fully observed.



4. Life According to the Teachings of Islam; The Muslims shall be provided withopportunity to order their in accordance with the teachings and requirements of Islam.The sovereignty of the state will be established through the elected representative of thepeople.5. Protection of the Rights of Minorities; The rights and interests of the minorities to

freely profess and practice their religion will be protected.6. Equal Rights to Citizens; All citizens will enjoy their rights on the principles of equality. All efforts will be made for the development and progress of the under developed areas.7. Independence Judiciary; Judiciary will be independent.

Muhammad Ali Bogra Formula:

In October 1953 Muhammad Ali Bogra Presented his famous formulae to theconstitution assembly, which, according to him, was acceptable to the representatives of east and west wings. The constituent assembly adopted the Muhammad Ali Bogra

formula for the representation of both (East and West) wings. This formula is known asBogra Formula. Muhammad Ali Bogra amended the report and got it (Bogra's Formula)passed from the constituent assembly. He reduced the number of seats in upper andlower houses and maintained the parity rule between the East and West Pakistan. Hedistributed the offices of president and prime minister between the both wings.

Pakistan’s First constitution:

The first constitution of Pakistan finally came into force on Pakistan Day 23 March1956. The constitution of 1956 was quite flexible and balanced. Maximum efforts were made toensure equality between center and provinces. The Bengali leaders had been demanding moreautonomy and proper representation in defense services and other federal departments. Article 31of the constitution was a proof that their demands were properly met. There was a question

whether election should be held on the principle of joint electorate or separate electorate. TheBengali leaders were in favor of joint electorate so that they were not mixed up with the Hinduleadership in the national assembly. However, the people in West Pakistan were demandingseparate electorate. This constitution decided to resolve the problem after taking the opinion of provincial assemblies. Similarly, Article 198 guaranteed that no law will be made andimplemented that goes against the injunctions of Islam.

Salient features of the constitution;

The Constitution of 1956 was a lengthy document. It consisted of 234 articles dividedinto thirteen parts and six schedules. Some salient features of the constitution are asunder:

1. Islamic Republic of Pakistan The name of the country was adopted as the Islamic Republic of Pakistan. The ObjectivesResolution was included as Preamble in the constitution.



2. Federal System The constitution provide for a federal system in the country. The powers were dividedamong the centre and the provinces. The subjects were divided into three lists; theFederal List, the Provincial list, and the concurrent list.

3. Unicameral Legislature The Legislature was to consist of only one house. Both the wings of the country weregiven representation in the National Assembly. The National Assembly consisted of 300members. 150 members were drawn from each wing. Thus the principle of parity wasadopted.

4. Parliamentary System Parliamentary system was adopted. According to it President was the Head of the Stateand the Prime Minister headed the government.

5. Independent Judiciary The constitution provided for an independent judiciary in the country. A Supreme Court was constituted. It was headed by a Chief Justice. The Supreme Court, interpreted theconstitution, advised the state whenever required and decided the issues arising amongthe governments.

6. The President According to the 1956 Constitution the President was the head of the state. He was to be aMuslim of at least forty years ago. The tenure of his office was five years. In case of internal or external danger he could declare state of emergency in the country. He was

authorized to appoint the Governors, the Judges of the Supreme Court, Auditor Generaland the Advocate General.

7. The Prime Minister The Prime Minister was the head of the government. He was the leader of theParliamentary group and was thus indirectly elected by the people. He was authorized tonominate his cabinet among the members of the National Assembly. The Cabinet wasanswerable to the Assembly.

8. Fundamental Rights

The Constitution of 1956 provided for the fundamental rights for the citizens of Pakistan.

9. Islamic Law No law would be passed against the teachings of Quran and Sunnah and the existing laws would be made Islamic in character.

10. Language Urdu and Bengali were made national languages.



Islamic provisions

The text of Objectives Resolution was repeated in the preamble of the Constitutionof 1956 without any major change.

The name Islamic Republic of Pakistan was selected for the state of Pakistan.

All citizens of Pakistan were granted freedom to profess, practise and propagateany religion and the right to establish, maintain and manage religious institutions.

According to the directive principles, steps were to be taken to enable the Muslimsof Pakistan individually and collectively to order their lives in accordance withprinciples in the Qur'an and Sunnah.

No law shall be enacted which is repugnant to the injunctions of Islam as laiddown in the Qur'an and Sunnah and that existing laws shall be brought intoconfirmity with such injunctions. Whether a law was repugnant to Islam or not, would be decided by the National Assembly.

Only a Muslim could be qualified for election as President.

The President should set up an organisation for Islamic research and instruction inadvanced studies to assist in the reconstruction of Muslims society on a truly Islamic basis.

Teaching of the Qur'an was to be made compulsory for Muslims.

Drawbacks of the Constitution of 1956:

1. A far-reaching devolution of power already a political reality, was not given aconstitutional recognition and accepted as the basis, of the stale,

2. The federal list was substantially reduced and the provincial list greatly enlarged, transferring to the provinces among other subjects, control over mineralresources, recruitment of services, industries, internal communications and thetribal areas in the North-West Frontier. This was contrary to the practice of advanced countries where the federal principle has been used in building up acommon nationhood through a strong Centre. The constitution in Pakistaninstead of being an instrument for unity a country already divided by geography,sought to create two distinct political entities with maximum autonomy in themanagement of their affairs.

3. Regional loyalties were further consolidated by the introduction of parity of representation in the National Assembly. The Constitution was conceived in thebelief that the political life of the country would always be tied to provincialmoorings and will never rise to a higher plane of nationalism in which party affiliations would cut across the physical barriers. Parity was certain to fosterparochial feeling equally in the region in whose favor it was to operate and in theregion whose interests were adversely affected by it.

http://en.wikipedia.org/wiki/Qur%27an



http://en.wikipedia.org/wiki/Sunnah







Abrogation of 1956 Constitution & Martial Law:

This constitution did not last long. On 7 0ctober 1958 it was abrogated and

In 1960 Martial Law was imposedon the country.The government of Chaudhry Muhammad Ali was dismissed. Hussain Suharwardy took the charge of the government. An act of joint electorate was passed on October 1956. In fact, the Hindus of the EastPakistan played a key role in passing this act. They made 20% of the population of theEast Pakistan. They wanted to enhance their political and economic influence. Thesethings led to the separation of the East Pakistan. The constitution could not beimplemented practically as Congress and Awami League refused to sign its Islamicprovisions. A political deadlock prevailed upon the country until a military coupdismissed the government and the constitution in 1958.

General Ayub took over the government. He was of the view that parliamentary system was not suitable for Pakistan where people were illiterate and could not choose the rightpeople for them. He supported presidential system and introduced the system of basicdemocracies.

Constitution of 1962:

The Constitution was enacted by the Field Marshal Muhammad Ayuh Khan,the President of Pakistan, in exercise of the mandate given to him by the people of Pakistan. It was enforced on 8th June, 1962.

Salient features of this constitution were as below;

Sovereignty over the entire universe belongs to Almighty Allah alone and the authorityexcrcisable by the people is a sacred trust.

1. Republic

The State of Pakistan is a Republic consisting of East Pakistan and West Pakistan. The name of

the country shall be Islamic Republic of Pakistan,

2. Federal

Pakistan has a Federal form of government. The National Assembly of Pakistan will have its

headquarter in Islamabad but there would be another seat at Dhakka, the second Capita) of



Pakistan. Urdu and Bengali are declared state languages. Both the provinces are equally

represented in the National Assembly. Apart from Islamabad, another seat of the NationalAssembly shall be at Dhakka. Parity shall he maintained between the provinces in spheres of the

Central Government.

3. Principles of Law-making

The Constitution provides for the Principles of I^aw-making. No law will be passed by the

Central and Provincial Assemblies ultravires to the Principles of Lawmaking. It includes

that no law shall be made against Islam. All citizens shall be equal before law and be treated

alike in all respects. All fundamental rights of expression, thought, peaceful assembly,

engagement in any profession, trade, business, occupation or employment are guaranteed to all

the citizens of Pakistan. A person arrested by the police should be presented before the nearestmagistrate within a period of 24 hours after he is arrested or detained. He should be released

unless further detention is authorised by a magistrate. No law should permit forced labour in any

form. No law should deny to any person’s access to a public place on the ground of race,religion, caste or place of birth.

4. Principles of Policy

The Constitution of Pakistan also provides for the Principles of Policy. Under these Principles,

the Muslims of Pakistan should be enabled individually or collectively to order their lives inaccordance with the fundamental principles and basic concepts of Islam. Teaching of the Holy

Quran and Islamiat is compulsory for the Muslims of Pakistan. The proper organization of Zakat,

“Waqfs” and mosques should be ensured. Usury should be eliminated. Provincial and sectarianprejudices should be discouraged.

The legitimate rights of the minorities should be safeguarded and the minorities should be givendue opportunity to enter the services of Pakistan, Parochial, social, tribal, sectarian and

provincial prejudices among the citizens should be discouraged. All citizens should have the

opportunity to work and earn an adequate livelihood. The standard of common man should beraised. Parity between the provinces in all spheres of the Central Government should be

maintained.

5. Central Legislature

The Constitution provides for a Unicameral Legislature as the National Assembly with 156

members, half from the East Pakistan and half from the West Pakistan. It will have itsheadquarter at Islamabad and Dhakka also. It will continue for five years. It will have a Speaker

and a Deputy Speaker.

6. Amendment



The Constitution can be amended by an Act of the Central Legislature with 2/3 majority. The

President shall within 30 days assent or declare that he withholds the hill. If the President doesnot act on the Bill, it shall become law of the State, automatically.

7. Advisory Council of Islamic Ideology

It shall consist of a Chairman and members between 5-12 who shall be appointed by the

President of Pakistan for a period of three years. The Council’s duty was to advise theGovernment to make the laws Islamic which were against Quran and Sunnah and recommend the

Central and Provincial Governments as to the means of enabling and encouraging the Muslims of

Pakistan to lead their lives according to the principles and concepts of Islam.

8. Islamic Research Institute

An Islamic Research Institute was to be established by the President of Pakistan under Article

207. The function of the Institute shall be to undertake Islamic Research and instruction in Islam

for the purpose of assisting in the reconstruction of an Islamic society on a truly Islamic basis.

9. National Languages

Urdu and Bengali shall be state languages. English language will be used for official purposes

until it is replaced.

10. Capital

The capital of Pakistan shall be Islamabad which shall not be less than 200 square miles. Dhukka

shall be the second capital of Pakistan in East Pakistan which will have a seat for the National

Assembly.

11. Comptroller and Auditor General

He will be appointed by the President of Pakistan to maintain the accounts of the Centre and of

the Provinces. He will retire at the age of 60.

12. The President

The President of Pakistan shall be above 35, a Muslim and qualified to be elected as a member of

the National Assembly. He will be elected by the Electoral College of 80,000 members of the

Basic Democracy for a period of five years. He cannot hold office continuously for more thaneight years. The President can be removed from service by the National Assembly on the

grounds of physical incapacity or gross misconduct by not less than three quarter of the total

members of the National Assembly. The President may be impeached on the charge of wilfulviolation of the Constitution or gross misconduct. If disqualified, he cannot hold public office for

10 years from passing of the impeachment resolution. The executive authority of the Republic of

Pakistan is vested in the President of Pakistan.



The Supreme Command of the Defence Services of Pakistan is vested in the President

He has the power to grant, pardon reprieve, respite and to remit, suspend or commute any

sentence passed by any court, tribunal or other authority.

No bill can become the law of the country unless assented by the President

When the National Assembly is not in session, the President can make and promulgate any such

Ordinance to meet the situation for 180 days.

The President also enjoys the power to issue a proclamation of Emergency if he is satisfied that

Pakistan or any part of Pakistan is threatened by war on external aggression or the security andeconomic life of Pakistan is threatened by internal disturbance beyond the power of a Provincial

Government to control.

He may address the National Assembly and also send messages to it He will present the Annual

Budget to the National Assembly. The National Assembly can impeach the President

13. The Supreme Court

The Constitution provides for a Supreme Court of Pakistan. Its Chief Justice shall be appointedby the President of Pakistan and the judges shall be appointed by the President of Pakistan after

consultation with the Chief Justice of Pakistan. A judge of the Supreme Court of Pakistan shall

retire at the age 65. Islamabad shall be the permanent seat of the Supreme Court of Pakistan butit shall sit in Dhakka at least twice in a year.

14. Supreme Judicial Council of Pakistan

Article 198 provides for a Supreme Judicial Council of Pakistan. It shall consist of the Chief

Justice of the Supreme Court of Pakistan, the next two senior most judges of the Supreme Courtand the Chief Justice of each High Court of East Pakistan and the West Pakistan. Its duties shall

be to issue a code of conduct to be observed by the judges of the Supreme Court and the High

Court and to enquire into the gross misconduct and physical or mental incapacity of a judge of

the Supreme Court or a High Court of Pakistan, referred to it by the President of Pakistan.

15. The Provincial Government

Every province shall have a Governor who will be its Executive Head. It shall have a provincial

legislature consisting of 155 members including five seats for the women. Each Province shallhave a High Court with the Chief Justice appointed by the President of Pakistan afterconsultation with the Chief Justice of the Supreme Court and the concerned Governor, and as

many judges as determined by law.

16. Written

The Constitution of 1962 is written. It consists of Five Schedules, 250 Articles and 120 pages.



Islamic provisions

The preamble of the Constitution of 1962 was based on the Objectives Resolution.

The Constitution laid down simply that the state of Pakistan shall be a republic under the

name of Republic of Pakistan'. The word 'Islamic' was dropped in this Constitution. But

when the National Assembly met in June 1962, there was a demand that the word'Islamic' should be re-introduced. There was some justification for this demand. If Islamic

provisions were to be maintained there was no reason why the republic should not be

designated an Islamic republic. The first amendment (December 1962) therefore rectifiedthis article.

No law shall be enacted which is repugnant to the teachings and requirements of Islam as

set out in the Qur'an and Sunnah and all existing laws shall be brought in conformity withthe Qur'an and Sunnah.

Only a Muslim could be qualified for the election as President.

Teaching of the Quran and Islamiyat to the Muslims of Pakistan was made compulsory.

Proper organisation of Zakat, waqf , and mosques was ensured.

Practical steps were to be taken to eradicate what were seen as social evils by Islam, suchas the use of alcohol, gambling, etc.

There shall be an organisation to be known as Islamic Research Institute, which shall beestablished by the President. The function of the Institute was to undertake Islamic

Research and Instruction in Islam for the purpose of assisting in the reconstruction of

Muslim society on a truly Islamic basis.

The state should endeavour to strengthen the bonds of unity among Muslim countries.

2nd Martial Law:

The second martial law was imposed on 25 March 1969, when President Ayub Khanabrogated the Constitution of 1962 and handed over power to the Army Commander-in-Chief,

General Agha Mohammad Yahya Khan. On assuming the presidency, General Yahya Khan acceded

to popular demands by abolishing the one-unit system in West Pakistan and ordered general

elections on the principle of one man one vote. The name of country will be Islamic Republic of

Pakistan.

Constitution of 1973:

After taking control of the government in 1971. Z.A. Bhutto started work on a

democratic constitution for the country. On 17th April 1972 the National Assembly constituted acommittee to prepare a draft constitution. The Committee worked hard and prepared the draft of

the constitution which was presented to the leaders of all parliamentary leaders on 20th October

1972. All the leaders signed the draft. After that it was discussed and debated n the NationalAssembly which gave its approval on 10th April 1973. The President gave his assent on 12th

April 1973. Finally the Senate approved the constitution in August 1973. Consequently the

constitution was enforced in the country on 14th August 1973. According to the Constitution of

http://en.wikipedia.org/wiki/Zakat



http://en.wikipedia.org/wiki/Waqf



http://en.wikipedia.org/wiki/Mosque



http://en.wikipedia.org/wiki/Yahya_Khan








1973 Mr. Z.A. Bhutto look over as the tenth Prime Minister and Mr. Fazl-e-Elahi was sworn in

as the President of Pakistan.

Salient Features of 1973 Constitution

The Constitution of 1973 is strikingly different from the earlier Constitution of 1956 and 1962. Ithas the following salient features.

1. Written Constitution

Like the previous constitutions of 1956 and 1962 the Constitution of 1973 is a written document.

It is very comprehensive and consists of twelve parts consisting of 280 articles.

2. Introductory and the Objectives Resolution

It commences with an introductory which slates the Islam shall be state religion. The principles

and provisions set out in the Objectives Resolution have been made substantive part of the

constitution.

3. Islamic System

The inclusion of Islamic Provisions has given the 1973 Constitution an unprecedented Islamic

character. It ensures an Islamic system in the country.

4. Rigid Constitution

It is a rigid constitution. No Government can change it at will. It is not easy to make amendments

in it. Two-third majority of both the Houses is required for this purpose.

5. Federal System

The Constitution of 1973 has introduced a Federal system in the country. The federation of

Pakistan consists of a Central Government and four Provincial Governments. The FederalGovernment is headed by a President elected by members of Majlis-e-Shoora (Parliament)

6. Parliamentary form of Government

The 1973 Constitution proposes a Parliamentary form of Government in the country. Prime

minister is the head of the Parliamentary system. He is leader of the Majlis-e-Shoora

(Parliamentary). He is elected on direct adult franchise basis. The Prime Minister selects a

cabinet of central ministers from the members of Parliament which conducts the affairs of thecountry. According to 1973 Constitution the Prime Minister enjoys wide powers.

7. Bicameral Legislature

The Constitution provides for the establishment of a bicameral legislature in Pakistan. The

Majlis-e-Shoora (Parliament) consists of two Houses named Senate and National Assembly. TheSenate or the Upper House consists of 63 members (the 8th Amendment has raised this number

to 87). The National Assembly consists of 200 members (Now this number has been raised to

207). The Majlis-e-Shoora enjoys wide powers of legislature.

8. Direct Method of Election

The Constitution of 1973 gives a direct method of election. The members of the NationalAssembly, the Provincial Assemblies are directly elected by the people.



9. Fundamental Rights

The 1973 Constitution ensures the following fundamental rights to the citizens of Pakistan.

Security of person

Safeguard against unlawful arrest and detention

Prohibition of slavery and forced labor

Freedom of movement

Freedom of assembly

Freedom of association

Freedom of business

Freedom of speech

Freedom of profess religion

Right to hold property

Equality before law

Right to preserve language, script and culture

Safeguard against discrimination in services.

10. Principles of Policy

The Constitution of 1973 has set the following principles of policy:

Local electoral bodies will be set up for solving local problems.

The parochial and other prejudices shall be discouraged.

The women shall be given full representation in all spheres of national life.

Social justice shall be promoted.

Bonds with Muslim world shall be strenghened.

11. Independence of Judiciary

The Constitution of 1973 stresses upon the establishment of an independent judiciary. Full job

security has been provided. The judges are appointed by the President. They cannot be removed

from service before the end of their term except on the recommendation of the Supreme Judicial

Council. In addition the Judges are paid respectable salaries.

12. National Language

The 1973 Constitution has declared Urdu as the national language of Pakistan. However Englishhas been retained as the official language for 15 years. Similarly regional languages have been

provided full protection.

13. Single Citizenship

The Constitution of 1973 has established the principles of single citizenship. According to thisprinciple the rights and duties of the citizens are determined by the Federal Constitution only.

Thus the people throughout Pakistan are citizens of Pakistan.

14. Referendum

The Constitution of 1973 has authorized the President to hold Referendum on any national issue.

Similarly the Prime Minister can ask the President to hold referendum on any important national

issue.



Islamic provisions

The name 'Islamic Republic of Pakistan' is selected for the state of Pakistan.

Islam is declared as the state religion of Pakistan.

Only a Muslim could be qualified for election as President (male or female) and Prime

Minister (male or female). No restriction as to religion or gender on any other post, up toand including provincial governor and Chief Minister.

All existing laws shall be brought in conformity with the injunctions of Islam as laid

down in the Qur'an and Sunnah and no law shall be enacted which is repugnant to suchinjunctions.

A Council of Islamic Ideology shall be constituted referred to as the Islamic Council. The

functions of the Islamic Council shall be to make recommendations to Parliament and the

Provincial Assemblies about the ways and means of enabling and encouraging theMuslims of the Pakistan to order their lives in accordance with the principles of Islam.

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 theinjunctions of Islam.

For the first time, the Constitution of Pakistan gave definition of a Muslim which states:

'Muslim' means a person who believes in the unity and oneness of Allah, in the absoluteand unqualified finality of the Prophethood of the Islamic prophet, Muhammad, and does

not believe in, or recognise 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, afterMuhammad.

The state shall endeavor to strengthen the bonds of unity among Muslim countries.

The Second Amendment (wef 17 September 1974) of the 1973 Constitution declared for

the first time the Ahmadiyya Muslim Community (derogatorily known as Qadianis) or

the Lahore Ahmadiyya Movement for the Propagation of Islam (Lahoris) as non-Muslims, and their leader, Mirza Ghulam Ahmad, who claimed to be prophet of God, to

which mainstream Muslims do not agree with

http://en.wikipedia.org/wiki/Council_of_Islamic_Ideology

http://en.wikipedia.org/wiki/Allah

http://en.wikipedia.org/wiki/Prophethood

http://en.wikipedia.org/wiki/Prophets_of_Islam

http://en.wikipedia.org/wiki/Muhammad

http://en.wikipedia.org/wiki/List_of_Muslim_majority_countries

http://en.wikipedia.org/wiki/Constitutional_amendment

http://en.wikipedia.org/wiki/Ahmadiyya_Muslim_Community

http://en.wikipedia.org/wiki/Lahore_Ahmadiyya_Movement_for_the_Propagation_of_Islam

http://en.wikipedia.org/wiki/Mirza_Ghulam_Ahmad

http://en.wikipedia.org/wiki/Mirza_Ghulam_Ahmad

http://en.wikipedia.org/wiki/Lahore_Ahmadiyya_Movement_for_the_Propagation_of_Islam

http://en.wikipedia.org/wiki/Ahmadiyya_Muslim_Community

http://en.wikipedia.org/wiki/Constitutional_amendment

http://en.wikipedia.org/wiki/List_of_Muslim_majority_countries

http://en.wikipedia.org/wiki/Muhammad

http://en.wikipedia.org/wiki/Prophets_of_Islam

http://en.wikipedia.org/wiki/Prophethood

http://en.wikipedia.org/wiki/Allah

http://en.wikipedia.org/wiki/Council_of_Islamic_Ideology

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