Pakistan is a South Asian country located on the shores of the Arabian Sea and the Gulf of Oman, bordering India, Afghanistan and China. The population of this country is approx 24,14,99,000 with 8,81,913 square kilometers area. National language is Urdu. In fact, more than 77 languages are spoken. Pakistan is home to many ethnic communities and none is the majority. In terms of religion, 96% are Muslims, with 2% Hindus and 1% Christians as minorities. Sunni Muslims are the majority; and Shia Muslims, Sufi Muslims and Ahmadiyya Muslims are regularly persecuted at the hands of Sunnis.
Every religious community and every sect shall have the right to establish, maintain and operate their religious institutions. No person shall be compelled to pay any special tax the proceeds of which shall be expended for the promotion or maintenance of any religion other than his own. In the case of a religious institution, there shall be no discrimination against any community in the grant of tax exemptions. No citizen shall be denied admission to any educational institution aided by Government revenue solely on the ground of caste, religion, caste or place of birth.
These are positive aspects. Now let's discuss the negative aspects.
Many articles of the Constitution of Pakistan have conflicting meanings. As mentioned in the Preamble of the constitution, Pakistan shall be a country where Muslims shall be able to regulate their lives individually and collectively in accordance with the teachings and requirements of Islam as described in the Holy Quran and Sunnah. The reality is that in 1971, two years before the constitution of Pakistan came into force, Pakistan was split into two pieces. In 1971, the western part of Pakistan killed three million people of its eastern part, the majority of whom were Muslims. With the subsequent history of military brutality, constant drone strikes by US forces, harboring international terrorist Osama bin Laden, constant economic destruction, rape festivals, Middle East overshadowing of Pakistani beggers etc.
What else is there in the constitution of Pakistan? Islam is the state religion. The posts of President and Prime Minister are reserved for Muslims only. Few seats in national and provincial legislatures are reserved for non-Muslims. Shariah Courts, Islamic Councils exist. All laws shall be in accordance with the injunctions of Islam as laid down in the Holy Quran and Sunnah. Every constitutional office holder takes oath in the name of Allah.
Admirable Articles of Pakistan's Constitution
3. Elimination of exploitation
The State shall ensure the elimination of all forms of exploitation and the gradual fulfillment of the fundamental principle, from each according to his ability to each according to his work.
4. Right of individuals to be dealt with in accordance with law, etc
● To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen. Wherever he may be, and of every other person for the time being within Pakistan.
● In particular-
● no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law;
● no person shall be prevented from or be hindered in doing that which is not prohibited by law; and
● no person shall be compelled to do that which the law does not required him to do.
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.
12. Protection against retrospective punishment (Part of it)
● No law shall authorize the punishment of a person-
● for an act or omission that was not punishable by law at the time of the act or omission; or
● for an offence by a penalty greater than, or of a kind different from, the penalty prescribed by law for that offence at the time the offence was committed.
13. Protection against double punishment and self-incrimination
No person-
● shall be prosecuted or punished for the same offence more than once; or
● shall, when accused of an offence, be compelled to be a witness against himself.
19A. Right to information
Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law.
20. Freedom to profess religion and to manage religious institutions
Subject to law, public order and morality,-
● every citizen shall have the right to profess, practice and propagate his religion; and
● every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions.
21. Safeguard against taxation for purposes of any particular religion
No person shall be compelled to pay any special tax the proceeds of which are to be spent on the propagation or maintenance of any religion other than his own.
22. Safeguards as to educational institutions in respect of religion, etc
● No person attending any educational institution shall be required to receive religious instruction, or take part in any religious ceremony, or attend religious worship, if such instruction, ceremony or worship relates to a religion other than his own.
● In respect of any religious institution, there shall be no discrimination against any community in the granting of exemption or concession in relation to taxation.
● Subject to law,
● no religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any educational institution maintained wholly by that community or denomination; and
● no citizen shall be denied admission to any educational institution receiving aid from public revenues on the ground only of race, religion, caste or place of birth.
● Nothing in this Article shall prevent any public authority from making provision for the advancement of any socially or educationally backward class of citizens.
25A. Right to education
The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law.
37. Promotion of social justice and eradication of social evils (Part of it)
The State shall-
● promote, with special care, the educational and economic interests of backward classes or areas;
● remove illiteracy and provide free and compulsory secondary education within minimum possible period;
● make technical and professional education generally available and higher education equally accessible to all on the basis of merit;
● ensure inexpensive and expeditious justice;
● make provision for securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment;
● enable the people of different areas, through education, training, agricultural and industrial development and other methods, to participate fully in all forms of national activities, including employment in the service of Pakistan;
38. Promotion of social and economic well-being of the people
The State shall-
● secure the well-being of the people, irrespective of sex, caste, creed or race, by raising their standard of living, by preventing the concentration of wealth and means of production and distribution in the hands of a few to the detriment of general interest and by ensuring equitable adjustment of rights between employers and employees, and landlords and tenants;
● provide for all citizens, within the available resources of the country, facilities for work and adequate livelihood with reasonable rest and leisure;
● provide for all persons employed in the service of Pakistan or otherwise, social security by compulsory social insurance or other means;
● provide basic necessities of life, such as food, clothing, housing, education and medical relief, for all such citizens, irrespective of sex, caste, creed or race, as are permanently or temporarily unable to earn their livelihood on account of infirmity, sickness or unemployment;
● reduce disparity in the income and earnings of individuals, including persons in the various classes of the service of Pakistan;
● eliminate riba as early as possible and
● ensure that the shares of the Provinces in all Federal services, including autonomous bodies and corporations established by, or under the control of, the Federal Government, shall be secured and any omission in the allocation of the shares of the Provinces in the past shall be rectified.
256. Private armies forbidden
No private organisation capable of functioning as a military organisation shall be formed, and any such organisation shall be illegal.
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)
1. A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless-
a. he is a citizen of Pakistan;
b. 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-
i. any part of Pakistan, for election to a general seat or a seat reserved for non-Muslims; and
ii. any area in a Province from which she seeks membership for election to a seat reserved for women.
c. 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;
d. he is of good character and is not commonly known as one who violates Islamic Injunctions;
e. he has adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam as well as abstains from major sins;
f. he is sagacious, righteous, non-profligate, honest and ameen, there being no declaration to the contrary by a court of law; and
g. he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the ideology of Pakistan.
2. 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.
