বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্র (প্রথম খণ্ড)/৪৫
| শিরোনাম | সূত্র | তারিখ |
| ঢাকায় অনুষ্ঠিত জাতীয় মহাসম্মেলনে গৃহীত মূলনীতি প্রস্তাবসমূহ | গণতান্ত্রিক ফেডারেশন | ফেব্রুয়ারী, ১৯৫০ |
CONSTITUTION OF PAKISTAN
BASIC PRINCIPLES
AS ADOPTED IN
GRAND NATIONAL CONVENTION
THE PREAMABLE
Whereas this Grand National Convention of the people firmly believes that the Sovereignty of the heavens and the earth belongs only to Allah who out of His mercy created Pakistan for His people who are His true and real representatives on earth to rule over this territory and to enjoy all rights, comforts and amenities conferred by Him on the people of Pakistan; and
Whereas in the year 1940, the All-India Muslim League Council at its Session at Lahore passed a Resolution which contained the Basic Principles of the Constitution of Pakistan and the creation of Sovereign and Autonomous States in different regions having territorial contiguity; and
Whereas the Sub-committee of the Constituent Assembly of Pakistan has drafted the Basic Principles of the Constitution in flagrant and deliberate violation of the principles of the aforesaid Lahore Resolution which are the very Basis of the conception of Pakistan; and
Whereas in the opinion of this Convention the Basic Principle so formulated are clearly undemocratic and un-Islamic and tending towards the establishment of an autocratic form of Government in Pakistan which means the end of sovereignty of the people as representatives of Allah; and
Whereas the ultimate right to frame its constitution is inherently vested in the people and the members of the Basic Principle Sub-committee of the Constituent Assembly having lamentably failed to give just and proper Basic Principles of Constitution and fundamental rights: and
Whereas this Grand National Convention representing the voice of the entire people with a view to the implementation of the principles of the Lahore Resolution and establishment of real and true democracy based on the principles of Islamic justice and equity have assembled together for deliberations and drafting of the Basic Principles of the Constitution now therefore this Grand National Convention by and with the authority of the people does hereby formulate the general outline of the basic principles and fundamental rights as follows:—
The name and character
1. The State should be called the United States of Pakistan.
2. The United States of Pakistan should consist of two regions.
3. There should be no area within the State as excluded, partially excluded, and centrally administered or any princely state. All areas in any one of the above forms should merge with the contiguous province or provinces or form into province or provinces themselves in accordance with feasibility of such merger and formation and according to the wish of the people concerned expressed by a referendum.
4A. United States of Pakistan shall be a Sovereign Socialist Republic.
The Head of the State
4. There should be a Head of the State of the U. S. P.
5. The executive power of the U. S. P. should vest in the Head of the State to be exercised by him in accordance with the Constitution and the Law.
6. The term “Head of the State" should mean except where it is provided that he should act in his individual judgment or discretion the Head of the State acting on the advice of the Cabinet.
Election of the Head of the State
7. The Head of the State should be elected by the Central Parliament by an absolute majority. But he should not be a member of the House.
8. The Head of the State should be elected not earlier than 60 days and not later than 30 days before the expiry of the term of the out-going Head of the State.
Tenure of office
9. The term of the office of the Head of the State should be five years from the date of his assumption of the office.
10. In case of vacancy in the office of the Head of the State as a result of death. resignation, incapacity or removal, the term of office of the new Head of the State should be five years.
Removal of the Head of the State
11. The Federal Parliament should be entitled to remove the Head of the State by a two-thirds majority of the total strength of the House, on grounds of treason and misdemeanor. 12. The Speaker of the House should assume the office of the Head of the State in case of vacancy caused by his removal, death, resignation, incapacity or otherwise, till the election of the new Head of the State.
13. The new Head of the State should be elected within ninety days of the falling of vacancy in the Head of the State.
Powers and functions of the Head of the State
14. The Head of the State should have power of clemency.
15. The Head of the State should have command on the Armed Forces of the United States of Pakistan.
16. He should appoint Election Commissioner, Judges of the Supreme Court and the Auditor-General of the U. S. P. in his individual judgment.
17. He should appoint as Prime Minister a person who commands the confidence of a majority in the House. Other ministers should be appointed by him on the advice of the Prime Minister.
18. He should accredit foreign diplomats, receive ambassadors, and represent the State on all ceremonial occasions.
Organisation of the Government of the U.S.P.
19. The Parliament of the U. S. P. should consist of one House.
20. The Parliament should sit alternately at the Federal capital and the capital of the Eastern Region.
21. The members of the Parliament should be elected by the people on the basis of equal representation from each region on universal adult suffrage and joint electorate system.
22. The life of the Parliament should be four years.
23. The members of Parliament should be liable to be recalled by Electoral College.
24. Not less than two sessions should be held every year and not more than six months should elapse between the last day of last session and the first day of next session.
25. The session of the Parliament should be called within three months of the appointment of the Prime Minister.
26. The Parliament should be prorogued by the Head of the State.
27. The Head of the State should give assent to all Money Bills within three days of the receipt of the same from the Parliament. Assent to other Bills should be given within thirty days. 28. The Election Commissioner, Judges of the Supreme Court and the Auditor- General of Pakistan may be removed by the Parliament by a two-thirds majority on grounds of treason and misdemeanor.
29. Members of the Legislature shall not hold office of profit under the Government.
Note.-Office of profit does not include the remuneration of the members received as members of Parliament.
Speaker and Deputy Speaker
30. The Speaker and the Deputy Speaker should be elected in the first session of the Parliament.
31. The Speaker on his assuming the office of the Head of the State in case of vacancy should not lose his membership which should be kept suspended during the period he acts as the Head of the State.
Dissolution of the Parliament
32. The Parliament should be dissolved by the Head of the State on the advice of the cabinet to elicit the opinion of the people through General Elections on certain grave and important National issues.
33. If a contingency arises wherein no ministry as can command the majority of the Parliament can be formed the Head of the State should be entitled to dissolve the Parliament in his discretion and hold fresh election.
34. After the dissolution of the Parliament, General Elections should be completed with 45 days from the date of the seat or seats fall vacant.
The Cabinet
35. The members of the Cabinet should be jointly and severally responsible to the Parliament.
36. Any citizen who is a member of the Parliament may be appointed as a minister provided he is elected as member of the Parliament within six months of the date of his appointment as a Minister. This period of six months should not be extended under any device or pretence or legal fiction.
The Supreme Court
37. There should be a Supreme Court for the United States of Pakistan.
38. The Supreme Court should sit alternately at the Federal Capital and the Capital of the Eastern Region.
39. The Supreme Court should be Guardian of the Constitution.
40. There should be a Standing Election Committee of the Supreme Court for all electoral disputes of the General Legislature. State Language
41. Bengali and Urdu should be the two State Languages of the U.S.P.
Central Subjects
42. (1) Foreign Affairs, (2) Defence: Provided that
(a) There should be two units of Defence Forces with two Regional General Officers commanding in the East and the West under Supreme command at the Federal Capital.
(b) The Regional Defence Force should be raised from and manned by the people of the respective Regions.
(c) There should be a Regional Foreign Affairs office in Eastern Region.
(d) All other powers should be dealt with by the Regions.
Revenue of the U.S.P. Government
43. The Federal Government should be entitled to levy taxes on certain specified Subjects and Items only. New items or subjects for taxation may be added with the consent of the Regions to make up the deficit, if any.
Amendment of the Constitution
44. The Constitution should be the Supreme Law of the land.
45. The Constitution so far as it relates to the Federal Government or powers vested in the Federal Legislature, may be amended by a 2/3rd majority of the Federal Legislature; amendments affecting the relationships between the Federal and any or all of the Regional Government may only be made if a proposal to that effect is made by a resolution in the Regional Parliament or Parliaments concerned by 2/3rd majority of the respective legislatures and then passed by the Federal legislature by a 2/3rd majority. All other amendments to the constitution may only be made by the Regional Legislatures concerned by 2/3rd majority.
Suspension of the Constitution
46. There should be no power given to any authority to suspend the Constitution or any part thereof.
Regional Government of the East
47. There should be a Head of the Region.
48. The executive power of Region shall vest in the Head of the Region to be exercised by him in accordance with the Constitution and the Law.
49. The term “Head of the Region" should mean except where it is provided that he should act in his individual judgment or discretion the Head of the Region acting on the advice of his cabinet.
50. The Head of the Region should be elected by the Parliament of the Region by an absolute majority. 51. The Head of the region should be elected not earlier than sixty days before the expiry of the term of the out-going Head of the Region.
Term of Office
52. The term of the Head of the Region should be five years.
53. In case of a vacancy in the office of the Head of the Region as a result of death, resignation, incapacity, removal or otherwise, the term of the office of the new Head of the Region should be five years.
Removal of the Head of the Region
54. The Regional Parliament should be entitled to remove the Head of the Region by a two-thirds majority of the total strength of the House on grounds of treason and misdemeanor.
55. The Speaker of the Regional Parliament should assume the office of the Head of Region in case of vacancy caused by his death, resignation removal, incapacity or otherwise, till the election of the new Head of the Region.
56. The new Head of the Region should be elected within ninety days of the falling vacancy in the office of the Head of the Region.
Powers and Functions of the Head of the Region
57. The Head of the Regions should have powers of clemency.
58. The Head of the Region should appoint Election Commission, Judges of the Regional High Court and the Auditor-General of the Region in his individual judgment.
59. He should appoint as Prime Minister a person who commands the confidence of the majority in the Parliament. Other ministers should be appointed by him on the advice of the Prime Minister.
Organisation of the Government of the Region
60. The Parliament of the Region should consist of one House.
61. The members of the Parliament should be elected by the people on universal adult suffrage and on joint electorate system.
62. The life of the Parliament should be four years.
63. Not less than three sessions should be held every year and not more than four months should elapse between the last session and the first day of the next session.
64. The session of the Parliament should be called within three months of the appointment of the Prime Minister.
65. The Parliament should be prorogued by the Head of the Region. 66. The Head of the Region should give assent to all Money bills within three days of the presentation thereof. Assent to other bills should be given within thirty days.
67. The Election Commission, Judges of the High Court and the Auditor-General may be removed by the Parliament by a two-thirds majority of the total strength of the House on grounds of treason and misdemeanor.
Speaker and Deputy Speaker
68.Speaker and Deputy Speaker should be elected in the first session of the Parliament.
69. The Speaker on his assuming the office of the Head of the Region should not lose his membership which should be kept suspended during the period he acts as the Head of the Region.
Dissolution of the Parliament
70. The Parliament should be dissolved by the Head of the Region on the advice of the cabinet to elicit opinion of the people through general elections on certain grave and important issues.
71. If a contingency arises where no ministry as can command the majority of the Parliament can be formed the Head of the Region should be entitled to dissolve the Parliament in his discretion and hold fresh elections.
72. After the dissolution of the Parliament general elections should be completed within sixty days of the date of dissolution.
73. Casual vacancy of a member of the Parliament should be filled up within forty- five days from the date of the seat falling vacant.
Cabinet
74. The members of the cabinet should be jointly and severally responsible to the Parliament.
75. Any citizen who is not a member of the Parliament may be appointed as a minister provided he is elected as a member of the Parliament within six months of the date of his appointment as minister. This period of six months should not be extended under any circumstances.
Regional High Court
76. There should be Regional High Court of the Region.
77. The High Court should have original as well as appellate jurisdictions.
78. There should be a Standing Election Committee of the High Court to decide all election disputes of the Regional Legislature. Regional Government of the West
Whereas the Western Region consists of administrative multi-units the Constitution of the Region should be different from that of the Eastern Region in some particulars.
It is therefore suggested that a Convention of the people of the Western Region should meet and decide the nature of the Government they would like to have for their regions in addition, modification, or alteration of the Government of the Eastern Region.
Fundamental Rights of Citizens
A. (1) All citizens are equal in the eye of Law.
(2) There should be no detention of a person without trial in a court of Law.
(3) Every citizen on attaining the age of 18 years and not being of unsound mind should become a voter and should be eligible for election as a member of Parliament on attaining the age of 21 years.
(4) There should be no provision for the suspension of the right of Habeas Corpus. B. Every citizen should have right to-
(1) Life.
(2) Education-with free and compulsory education up to a certain stage.
(3) Work and employment.
(4) Medical relief.
(5) Shelter.
(6) Wage in accordance with cost of living.
(7) Form Trade Unions and Trade Secretariat and to strike for collective bargaining.
C. The State should guarantee to its citizen the following:—
(1) Social, economic and political rights including freedom of speech, press movement, thought, action, association, expression, worship and conscience.
(2) Equality of status and opportunity.
(3) Dignity of individual. (4) Old age provisions.
(5) Maternity Benefit.
(6) Forces of production shall be socialized.
(7) No Legislature shall enact any law which can contribute to any exploitation of labor, peasantry and common man.