The Critical thinking of 1973 Constitution

After a Great period

This Constitution came in to existence in the history of Pakistan. This Constitution
came into effect on 14th August 1973. And the founder of this Constitution is Zulifqar
Ali Bhutto the formal Prime Minster and President of Pakistan. This Constitution also
known as Constitution of Pakistan and has the value Supreme law of Pakistan. This
Constitution solved one Major Problem is that the president of Pakistan is Head of
State. The prime minister and president of Pakistan will be Muslim Only.
This Constitution solved the role of Islam in Pakistan the power sharing between
President and Prime Minister. With a greatly strength and, Position of Latter.

Critical Thinking
Although this Constitution has may great things but there was always remain many
things about Power sharing and this situation effected as the amendments in
Constitution.
About 17 Amendment take place till now.

Comparison with Previous Constitutions

With regard to provincial rights the 1973 constitution was in fact the most centralized
of Pakistan's various constitutions. The Government of India Act of 1935, which
Pakistan adopted as its first working constitution, granted the federal government 96
items of power. The 1956 constitution reduced that number to 49, and this was
retained in the 1962 constitution. In 1973, however, it was then enlarged to 114.

The Government of India Act, 1935

Under Section 8 of the Indian Independence Act, 1947, the Government of India Act,
1935 became, with certain adaptations, the working constitution of Pakistan. But the
need of a constitution to be framed by the elected representatives of the people, was
all the more necessary for the free people of a sovereign state. Therefore the first
Constituent Assembly was formed under the Independence Act, 1947 and was
entrusted with two separate functions:

To frame a Constitution for the country, and

• To set as a Federal Legislative Assembly or Parliament until that Constitution

came into effect.

The powers and functions of the central legislature under the Government of India
Act, 1935, were conferred on the Constituent Assembly. The Constituent Assembly
could, however, amend the Indian Independence Act, 1947 or the Government of
India Act, 1935, and no Act of the British Parliament could be extended to Pakistan
without legislation by the Constituent Assembly. The first Constituent Assembly
originally consisted of 69 members; subsequently the number of members was
increased to 79 (including 44 from East Bangal).
Objectives Resolution

Liaquat Ali Khan

The first big step in the framing of a constitution for Pakistan was taken by the
Constituent Assembly on 12 March, 1949, when it passed a resolution on the 'Aims
and Objectives of the Constitution', popularly known as the Objectives Resolution. It
laid the foundation of the constitution and indicated the broad outline of its structure.
The resolution was moved by Liaquat Ali Khan, the first Prime Minister of Pakistan.
While moving the Resolution, he said: "Sir, I consider this to be a most important
occasion in the life of this country, next in importance only to the achievement of
independence, because by achieving independence we only won an opportunity of
building up a country and its polity in accordance with our ideals. I would like to
remind the house that the Father of the Nation, Quaid-e-Azam, gave expression of his
feelings on this matter on many an occasion, and his views were endorsed by the
nation in unmistakable terms, Pakistan was founded because the Muslims of this sub-
continent wanted to build up their lives in accordance with the teachings and
traditions of Islam, because they wanted to demonstrate to the world that Islam
provides a panacea to the many diseases which have crept into the life of humanity
today.

The resolution was debated for five days. The leading members of the government
and a large number of non-Muslim members, especially from East Bengal, took a
prominent part. Non-Muslim members expressed grave apprehensions about their
position and role in the new policy.

Hindu members of the Constitutional Assembly argued that the Objectives Resolution
differed with Jinnah's view in all the basic points. Sris Chandra Chattopadhyaya said:
"What I hear in this (Objectives) Resolution is not the voice of the great creator of
Pakistan - the Quaid-e-Azam, nor even that of the Prime Minister of Pakistan the
Honorable Mr. Liaquat Ali Khan, but of the Ulema of the land." Birat Chandra
Mandal declared that Jinnah had "unequivocally said that Pakistan will be a secular
state." Bhupendra Kumar Datta went a step further: ...were this resolution to come
before this house within the life-time of the Great Creator of Pakistan, the Quaid-e-
Azam, it would not have come in its present shape....
The Constitution of 1956
After nine years of efforts, Pakistan was successful in framing a constitution in 1956.
The Constituent Assembly adopted it on 29 February, 1956, and it was enforced on 23
March, 1956, proclaiming Pakistan to be an Islamic Republic. The Constitution was
lengthy and detailed; it contained 234 articles divided into thirteen parts and six
schedules. The Constitution of 1956 provided for federal system with the principle of
parity between East Pakistan and West Pakistan. The Federal Legislature was to
perform like the British Parliament. The Centre was invested with such powers as to
take unilateral action in emergency and it could influence the provincial autonomy.

The Constitution of 1956 provided for the parliamentary form of government, where
real executive authority was vested in a cabinet, collectively responsible to the
legislature. The cabinet was presided over by the Prime Minister. The Constitution
declared that there would be only one house of parliament known as the National
Assembly and equality between the two Wings (i.e. East Pakistan and West Pakistan)
was maintained in it. The Governor General was replaced by a President, who was to
be elected by an Electoral College comprising of members of the National Assembly
and Provincial Assembly.

Familiar democratic rights and freedoms such as freedom of speech and expression,
of assembly and association, of movement and of profession were all provided in the
Constitution, with the usual qualifications. With regards to civil rights, familiar rights
such as rights of life, liberty and property were granted, again with the usual
qualifications and safeguards. The judiciary was given power to enforce the
fundamental rights and the courts were to decide if a law was repugnant to any
provisions of the fundamental rights.

As per the Constitution, Urdu and Bengali were made national languages.

Islamic Provisions in the Constitution of 1956

• The text of Objectives Resolution was repeated in the preamble of the

Constitution of 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, practice and
propogate any religion and the right to establish, maintain and manage
religious institutions.
• According to the directive principles, steps were to be taken to enable the
Muslims of Pakistan individually and collectively to order their lives in
accordance with principles in Holy Quran and Sunnah.
• No law shall be enacted which is repugnant to the injunctions of Islam as laid
down in the Holy Quran and Sunnah and that existing laws shall be brought
into confirmity 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 in advanced studies to assist in the reconstruction of Muslims
society on a truly Islamic basis.
• Teaching of the Holy Quran was to be made compulsory for Muslims.
• The purchase and sale of alcohol was banned and prostitution was prohibited.
• No person should be compelled to pay any special tax, the proceeds of which
were to be spent on the propogation of any religion other than his own.
• The state should endeavour to strengthen the bonds of unity among Muslim
countries.

The First Martial Law and the Abrogation of the Constitution

On 7 October 1958, President Iskandar Mirza staged a coup d'état. He abrogated the
1956 constitution, imposed martial law and appointed General Mohammad Ayub
Khan as the Chief Martial Law Administrator and Aziz Ahmad as Secretary General
and Deputy Chief Martial Law Administrator. However, only three weeks later
General Ayub -- who was openly questioning the authority of the government prior to
the imposition of martial law -- deposed Iskandar Mirza on 27 October 1958 and
assumed the presidency that practically formalized the militarization of the political
system in Pakistan.

The Constitution of 1962

Muhammad Ayub Khan

President General Ayub Khan appointed a Commission on 17 February 1960 to report

on the future political framework. The Commission was headed by the former Chief
Justice of Pakistan, Mr. Mohammad Shahabuddin, and had ten other members, five
each from East Pakistan and West Pakistan, composed of retired judges, lawyers,
industrialists and landlords. The report of the Constitution Commission was presented
to President Ayub on 6 May 1961 and thoroughly examined by the President and his
Cabinet. In January 1962, the Cabinet finally approved the text of the new
constitution. It was promulgated by President Ayub on 1 March 1962 and finally
came into effect on 8 June 1962. The Constitution contained 250 articles divided into
twelve parts and three schedules.

As per the Constitution of 1962, Pakistan was renamed as 'Republic of Pakistan'. The
word 'Islamic' was dropped in this constitution. The Constitution provided for federal
system with the principle of parity between East Pakistan and West Pakistan. Both the
provinces would run their separate provincial governments. The responsibilities and
authority of the centre and the provinces were clearly listed in the constitution. The
Central Legislature had one house known as the National Assembly. There were 156
members of the National Assembly. The equality between the two wings were
maintained in it.

The Constitution of 1962 provided Presidential form of Government, as opposed to

the Parliamentary form of Government under the 1956 Constitution. The President,
who must be a Muslim not less than 35 years of age and qualified for election as a
member of the National Assembly was to be elected indirectly by an Electoral
College in accordance with the provisions outlined in the Constitution itself. The
Electoral College formed by not less than 80,000 Basic Democrats (B.D.), equally
distributed between the two provinces. Under the Constitution of 1962, if the number
of candidates for election to the office of President exceeds three, the Speaker of the
National Assembly was to convene a joint session of the members of the National and
Provincial Assemblies to select only three candidates for election, the remaining
candidates then would not be eligible. This screening was not applicable to a person
who was holding the office of the President i.e. if the sitting President was also a
candidate the number of candidates would be four.

The term of the President was five years to act as Head of State as well as Chief
Executive -- solely responsible for country's administration. Governor and Minister
were appointed and removed by him. He was eligible to promulgate Ordinances and
veto against legislated laws only override able by two-thirds of the National
Assembly. However, the President was not empowered to dissolve the Assembly
except at the cost of his office also. On a charge of violating the Constitution or gross
misconduct the President might be impeached by the National Assembly for which
one-third of the total members of the National Assembly must give written notice to
the Speaker for the removal of the President. The President was to be removed from
office if the resolution for impeachment was passed by votes of not less than three-
fourths of the total members of the Assembly. A significant feature of the
impeachment procedure was that if the resolution for removal of the President fails to
obtain one-half of the total number of members of the National Assembly the movers
of the resolution would cease to the members of the Assembly.

There was no restriction of religion for a person holding the office of the Speaker of
the National Assembly. Secondly, if the President resigns from his office or vote of
no-confidence passes against him, then according to the Constitution the Speaker
would act as the President of the State till the election of new President. Under these
special circumstances, a non-Muslim might get the chance to be an acting President of
Pakistan.

The Constitution of 1962 provided for elections of Central and Provincial Legislatures
for a term of five years. The members of the Assemblies were elected by the Basic
Democrats. The National Assembly was exclusively empowered to legislate for the
central subjects. However, it could legislate on matters falling under provincial
jurisdiction. The power to impose taxes was laid with the central legislature. The
Assembly had to serve as a court in the cases of impeachment, conviction or declaring
the President as incapacitated. It could amend the Constitution but with two-thirds
majority. However, if President's veto was even over-ridden, he had the right to ask
for the assent of the Electoral College. The procedure of the Provincial Assemblies
was identical with that of the National Assembly.

Urdu and Bengali were recognized as national languages.

Islamic Provisions in the Constitution of 1962

• 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 rectified this article.
• According to the principles of policy, steps were to 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
should be provided with facilities whereby they may be enabled to understand
the meaning of life according to those principles and concepts.
• No law shall be enacted which is repugnant to the teachings and requirements
of Islam as set out in the Holy Quran and Sunnah and all existing laws shall be
brought in conformity with the Holy Quran 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, Wakfs and Mosques were ensured.
• Practical steps were to be taken to eradicate social evils such as the use of
alcohol, gambling, etc.
• A novel Islamic provision in the 1962 Constitution had introduced an
'Advisory Council of Islamic Ideology' to be appointed by the President. The
functions of the Council was to make recommendations to the Government as
to means which would enable and encourage the Muslims of Pakistan to order
their lives in accordance with the principles and concepts of Islam and to
examine all laws in force with a view to bring them into conformity with the
teachings and requirements of Islam as set out in the Holy Quran and Sunnah.
• There shall be an organisation to be known as Islamic Research Institute,
which shall be established 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 Muslic society on a truly Islamic basis.
• The state should endeavour to strengthen the bonds of unity among Muslim
countries.
The Second Martial Law, Abrogation of the Constitution and the New
Political Situation

The second martial law was imposed on March 25, 1969, when President Ayub Khan
abrogated 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.

General Yahya's regime made no attempt to frame a constitution. The expectations

were that a new constituent assembly would be set up by holding a free and fair
election. In order to hold the proposed elections, President Yahya Khan promulgated a
Legal Framework Order on March 30, 1970 that also spelled out the fundamental
principles of the proposed constitution and the structure and composition of the
national and provincial assemblies.

In December, 1970 elections were held simultaneously for both the national and five
provincial assemblies. By any criteria, elections were free and fair. There was no
interference from the government; it maintained strict neutrality showing no favor or
discrimination for or against any political parties. The members of the ruling council
of ministers were debarred from participation in the elections. There were no
allegations of rigging of the elections as is often alleged in elections held in the
countries of the third world.

But the results of the first and the last general elections in united Pakistan were simply
disastrous from the standpoint of national unity and demonstrated the failure of
national integration. There was not a single national party in the country which
enjoyed the confidence of the people of Pakistan, both East and West Pakistan. Two
regional parties -- the Awami League (AL) under the leadership of Sheikh Mujibur
Rahman in East Pakistan -- won 160 out of 162 seats allotted for East Pakistan. But in
West Pakistan it could not secure a single seat and the percentage of votes secured by
the Awami League in the four provinces of West Pakistan were: 0.07 (Punjab), 0.07
(Sindh) 0.2 (NWFP) and 1.0 (Baluchistan).

The Pakistan People's Party (PPP) under the leadership of Zulfikar Ali Bhutto won 81
out of 138 seats for West Pakistan. But the PPP did not even dare to set up a candidate
in East Pakistan. The remaining 57 seats of West Pakistan were shared by seven
parties and there were fifteen independent candidates. The PPP emerged as the single
largest party in West Pakistan with majorities in Sindh and the Punjab; and the
National Awami Party (NAP) together with their political ally, Jamiat-ul Ulema-i-
Islam (of Maulana Mufti Mahmood) JUI, got clear majorities in Baluchistan and the
NWFP. None of the West Pakistani political parties, like the PPP, could win a single
seat in East Pakistan. The religious question played little or no part in the elections.
There can be no doubt that in East Pakistan the principles which won the consensus of
opinion were the single basic notion of autonomy.

The Awami League had fought the elections on the basis of their six points formula,
which committed them to restructure the existing federal system in order to ensure
maximum political autonomy for East Pakistan. Under this formula, only two
portfolios -- Foreign Affairs and Defense -- would be retained by the central
government. The PPP, on the other hand, was not willing to dilute the authority of the
central government in-spite of assuring full provincial autonomy for all the provinces
of Pakistan. The NAP and JUI coalition sided with the AL so that they might obtain
maximum autonomy for their own provinces, i.e., Baluchistan and the NWFP.

The election results truly reflected the ugly political reality: the division of the
Pakistani electorate along regional lines and political polarization of the country
between the two wings, East and West Pakistan. In political terms, therefore, Pakistan
as a nation stood divided as a result of the very first general elections in twenty-three
years of its existence.

Thus the general elections of 1970 produced a new political configuration with three
distinct centers of power :(i) the AL in East Pakistan: (ii) the PPP in Sindh and the
Punjab; and (iii) the NAP-JUI in Baluchistan and the NWFP. At the top of all this was
the fourth center of power, the armed forces with their spokesman, Yahya Khan.

There were two major claimants of power: Sheikh Mujibur Rahman and Zulfikar Ali
Bhutto. According to G W Chowdhury in his book 'The Last Days of United
Pakistan', "both (the leaders) flourished on negative appeals to the illiterate voters of
Pakistan, one by whipping up regional feeling against Punjabi domination and the
other by whipping up militant national feelings against India. Neither had any
constructive or positive approach." Mujib was apparently more interested in creating a
separate state for Bengalis, Bangladesh since he had no trust in the ruling elite of
West Pakistan.

On the other hand, Bhutto was more interested in getting power, no matter whether in
a united or divided Pakistan. In fact he realized that in a united Pakistan, he had little
chance of becoming either prime minister or president. According to GW Chowdhury,
"he realized from his discussions with Bhutto before and after the 1970 elections that
if he had to make a choice between the two 'Ps (power or Pakistan), he would choose
the former. He was more interested in getting a 21-gun salute as the head of the state
than in the maintenance of the unity of Pakistan.

Negotiations were held between January and March 1971 between the two major
regional leaders - Mujib and Bhutto - and the ruling military government under
President Yahya Khan. But the tripartite negotiations for an agreed federal or even a
confederal constitution was a dismal and total failure. Under the Legal Framework
Order, the President was to decide when the Assembly was to meet. Once assembled
it was to frame a new constitution within 120 days or stand dissolved. On 13
February, 1971, the President announced that the National Assembly was to meet at
Dacca on 3 March. By this time the differences between the main parties to the
conflict had already crystallized.

On December 22, 1970 the Secretary of the Awami League, Tajuddin Ahmed,
claimed that his party having won an absolute majority had a clear mandate and was
quiet competent to frame a constitution and to form a central government on its own.
Sheikh Mujibur Rehman declared on January 3, 1971 that his party would not frame a
constitution on its own, even though it had a majority. He refused, however, to
negotiate on the Six Points, saying that they were now public property and no longer
negotiable.
The crux of the conflict was that the majority party in the west, led by Bhutto, was
convinced that a Federation based on the Six Points would lead to a feeble
confederation in name only. At best it would lead to a feeble confederation and at
worst it would result in the division of the country into two states. These fears were
evidently shared by the military leaders in the west, including President Yahya Khan
who had publicly described Sheikh Mujibur Rehman as the 'future Prime Minister of
Pakistan' on January 14, 1971.

Bhutto announced on February 15 that his party would not attend the National
Assembly unless there was 'some amount of reciprocity' from the Awami League.
Sheikh Mujib replied at a press conference on February 21, asserting that 'Our stand is
absolutely clear. The constitution will be framed on the basis of the Six Points'. He
also denied that the Six Points would leave the central government at the mercy of the
provinces and contended that they were designed only to safeguard provincial
autonomy.

On February 28, Bhutto demanded that either the 120-day limit for the national
Assembly be removed or the opening session be postponed, declaring that if it was
held on March 3 as planned, and there would be a general strike throughout West
Pakistan. President Yahya Khan responded next day by postponing the Assembly
meeting to March 25. The postponement of the National Assembly came as a
shattering disillusionment to the Awami League and their supporters throughout East
Pakistan. It was seen as a betrayal and as proof of the authorities of the West Pakistan
to deny them the fruits of their electoral victory. This resulted in the outbreak of
violence in East Pakistan. The Awami League launched a non-cooperation movement
and virtually they controlled the entire province.

The National Assembly, however, could not even meet on March 25 due to
widespread disturbances in East Pakistan where the army moved in on 26 March to
control the situation. The civil disobedience movement later developed into a war of
national liberation fully backed by the Indian army. As a result, Pakistani forces had
to surrender to the Indian Army, and almost over 93,000 military personnel were
taken as prisoners of war on December 16, 1971. Thus ended an important era of the
largest Muslim state, Pakistan. A new and smaller Pakistan emerged on 16 December
1971.

Demoralized and finding himself unable to control the situation, General Yahya Khan
surrendered power to Bhutto who was sworn-in on December 20, 1971 as President
and as the (first civilian) Chief Martial Law Administrator.

The Constitution of 1973 -- The Existing Constitution

Zulfikar Ali Bhutto

After gaining power, Zulfikar Ali Bhutto invited the leaders of the parliamentary
parties to meet him on 17 October, 1972, which resulted in an agreement known as
the 'Constitutional Accord', after an intensive discussion. As per consultations floated
by PPP, the National Assembly of Pakistan appointed a committee, of 25 members,
on 17 April 1972, to prepare a draft of the permenant Constitution of Pakistan.
Mohammad Ali Kasuri was the elected chairman of the Committee. On 20 October
1972, the draft bill for the Constitution of Pakistan was signed by leaders of all
parliamentary groups in the National Assembly. A bill to provide a constitution for
the Islamic Republic of Pakistan was introduced in the Assembly on 2 February 1973.
The Assembly passed the bill unanimously on 19 April 1973 and endorsed by the
acting President Zulfikar Ali Bhutto on 12 April 1973. The Constitution came into
effect from 14 August 1973. On the same day, Bhutto took over as the Prime Minister
and Choudhary Fazal-e-Elahi as the President of Pakistan.

This constitution represented a compromise consensus on three issues: the role of

Islam; the sharing of power between the federal government and the provinces; and
the division of responsibilities between the President and the Prime Minister, with a
greatly strengthened position for the latter.

The Constitution provided for federal system. The Federal Legislature is to function
like the British Parliament. In order to allay fears of the provinces concerning
domination of the Centre, the constitution established a bicameral legislature with a
Senate (the upper house), providing equal provincial representation, and a National
Assembly (the lower house), allocating seats according to population.

Islam has been declared as the State religion. The Constitution named Pakistan as the
Islamic Republic of Pakistan. Only a Muslim could become the President or the
Prime Minister of Pakistan. No law repugnant to Islam shall be enacted and the
present laws shall also be Islamised.

The President must be a Muslim not less than 45 years of age, elected by members of
Parliament. He is to hold office for a term of five years. The President could be
removed by the resolution of parliament of not less than two-thirds of the total
membership. The President could issue ordinances when the Parliament is not in
session. The President has the power of granting pardon and the right to be kept
informed by the Prime Minister on all matters of internal and foreign policies.
The Constitution sets-forth the Parliamentary System of Government. The head of the
Government, according to the Constitution, will be the Prime Minister. The Prime
Minister and his Cabinet is accountable to the National Assembly for his actions. The
Prime Minister would be elected by the majority of the National Assembly.

The Constitution of 1973 introduced a new institution known as the 'Council of

Common Interests' consisting of Chief Ministers of the provinces and an equal
number of Ministers of the Federal Government nominated by the Prime Minister.
The Council could formulate and regulate the policy in the Part II of the Legislative
List. In case of complaint of interference in water supply by any province the Council
would look into the complaint.

Another major innovation in the Constitution of 1973 is the establishment of a

National Finance Commission (NFC) consisting of the Federal and Provincial Finance
Ministers and other members to advice on distribution of revenues between the
federation and the provinces.

The Principels of Policy includes Islamic way of life, promotion of Local Government
institutions, full participation of women in national life, protection of minorities,
promotion of social and economic well being of the people, and strengthening the
bonds with the Muslim world and to work for international peace.

Under the 1973 Constitution, Fundamental Rights include security of person,

safeguards as to arrest and detention, prohibition of slavery and forced labour,
freedom of movement, freedom of association, freedom of speech, freedom to profess
religion and safeguards to religious institutions, non-discrimination in respect of
access to public places and in service, preservation of language, script and culture.
The judiciary enjoys full supremacy over the other organs of the State.

Urdu is the national language.

Islamic Provisions in the Constitution of 1973

• The name 'Islamic Republic of Pakistan' is selected for the state of Pakistan.
• Islam is declared as the state religion of Pakistan.
• Steps shall be taken to enable the Muslims of Pakistan, individually or
collectively, to order their lives in accordance with the fundamental principles
and basic concepts of Islam.
• Steps shall be taken to make the teaching of the Holy Quran and Islamiyat
compulsory, to encourage and facilitate the learning of Arabic language and to
secure correct and exact printing and publishing of the Holy Quran.
• Proper organisation of Zakat, Wakfs and Mosques are ensured.
• The state shall prevent prostitution, gambling and consumption of alcohol,
printing, publication, circulation and display of obscene literature and
advertisements.
• Only a Muslim could be qualified for the election as a President and a Prime
Minister.
• All existing laws shall be brought in conformity with the injunctions of Islam
as laid down in the Holy Quran and Sunnah and no law shall be enacted which
is repugnant to such injunctions.
• 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 the Muslims 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 the injunctions 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 Almighty Allah, in the absolute and unqualified finality of the Prophet hood
of Mohammad (p.b.u.h.), the last of the prophets, 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, after Mohammad.
• The state shall endeavor to strengthen the bonds of unity among Muslim
countries.
• The Second Amendment (w.e.f. 17 September 1974) of 1973 Constitution
declared the Qadianis or the Lahoris as non-Muslims.