বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্র (প্রথম খণ্ড)/৪৬
| শিরোনাম | সূত্র | তারিখ |
| মূলনীতি কমিটির অন্তর্বর্তীকালীন রিপোর্ট | পাকিস্তান গণপরিষদ | ৭ই নভেম্বর, ১৯৫০ |
To
THE CONSTITUENT ASSEMBLY OF PAKISTAN,
KARACHI.
In accordance with the provisions of Rule 72 (1) of the Constituent Assembly Rules I submit herewith the Interim Report of the Basic Principles Committee regarding the Federal and Provincial Constitutions and Distribution of Powers.
The Basic Principles Committee was appointed on March 12, 1949, by a Resolution. of the Constituent Assembly to report, in accordance with the motion adopted by the Assembly on Aims and Objects, on the main principles on which the Constitution of Pakistan is to be framed; the text of the Resolution is given in Annexure I. The Chief Ministers of the Provinces of East Bengal, Sind and N. W. F. P. and the Honorable Mr. Justice Abdur Rashid were co-opted as Members.
The Basic Principles Committee appointed a Steering Sub-Committee to report on the scope, functions and procedure of the Committee, and in pursuance of its report the following three Sub-Committees were appointed to make recommendations embodying the main principles with regard to the subjects assigned to them:
(i) Sub-Committee on Federal and Provincial Constitutions and Distribution of Powers.
(ii) Sub-Committee on Franchise.
(iii) Sub-Committee on Judiciary.
It was also decided to set up a Board of Talimaat-i-Islamia consisting of five members to advice on matters arising out of the Objectives Resolution and on such matters as may be referred to them by Basic Principles Committee or any other Committee or Sub-Committee.
The Board of Talimaat-i-Islamia began functioning in September, 1949, with four members. The Chairman, Al-Haj Maulana Sulaiman Nadvi, has not taken charge as yet. A Special Committee of the Sub-Committee on Federal and Provincial Constitutions held discussions with the Board of Talimaat-i-Islamia and their report along with the recommendations of the Board of Talimaat-i-Islamia was considered by the Sub- Committee.
The Federal and Provincial Constitutions and Distribution of Powers Sub-Committee submitted its report on the 11th July, 1950, and the Committee considered this report during its meetings held on August 5, 9, 10 and 11, 1950. The reports of the other two Sub-Committees on Franchise and on Judiciary have not yet been submitted. The Committee has not been able to finalize its recommendations in regard to several other matters, such as financial allocations, nomenclature, qualifications of the Head of the State, etc.
The recommendations of the Basic Principles Committee are accordingly presented to the Assembly in the form of an interim report. As envisaged in the terms of reference of this Committee, only the basic principles have been dealt with.
The recommendations of the Committee are given in Annexure II and III. The recommendations given in Annexure II cover the following field:
(1) Type of Federation;
(2) General features of the Federal Constitution;
(3) Powers and functions of the Legislatures;
(4) The Head of the State, his power and functions;
(5) Provision for residuary powers;
(6) Provision in case of conflict of Legislation; and
(7) Division of administrative, including financial powers.
Annexure III deals with the distribution of various subjects amongst the Centre and the Provinces for the purpose of Legislation and comprises the following lists, namely:
(1) List of powers to be assigned to the Federal Legislature;
(2) List of powers to be assigned to the Legislatures of the Provinces:
(3) Concurrent List.
The Committee has appointed Mr. Zahid Husain, Governor of the State Bank of Pakistan, as an expert to examine the question of financial allocations between the Centre and the Provinces.
The Basic Principles Committee has also appointed a special Committee consisting of Dr. Mahmud Hussain as convener and Dr. I. H. Qureshi and Dr. Maulvi Abdul Haq as members to report on appropriate nomenclature.
Chairman,
Basic Principles Committee.
September 7, 1950.
ANNEXURE I
RESOLUTION
That this Assembly resolves that a Committee consisting of the President and the following Members, namely:
(1) The Hon'ble Sir Muhammad Zafrulla Khan,
(2) The Hon'ble Mr. Ghulam Mohammed,
(3) The Hon'ble Sardar Abdur Rab Khan Nishtar,
(4) The Hon'ble Khwaja Shahabuddin,
(5) The Hon'ble Pirzada Abdus Sattar,
(6) The Hon'ble Mr. Fazlur Rahman,
(7) The Hon'ble Mr. Jogendra Nath MandaJ,
(8) Dr. Omar Hayat Malik,
(9) Maulana Shabbir Ahmed Osmani,
(10) Dr. Ishtiaq Husain Qureshi,
(11) Mr. Kamini Kumar Datta,
(12) Begum Jahan Ara Shah Nawaz,
(13) Malik Mohammad Firoz Khan Noon,
(14) Mr. Sris Chandra Chattopadhyaya,
(15) Mian Mumtaz Muhammad Khan Daultana.
(16) Maulana Mohd. Akram Khan,
(17) Mian Mohammad Iftikharuddin,
(18) Khan Sardar Bahadur Khan,
(19) Dr. Mahmud Hussain,
(20) Begum Shaista Suhrawardy Ikramullah,
(21) Mr. Prem Hari Barma,
(22) Mr. Nazir Ahmad Khan..
(23) Shaikh Karamat Ali, and
(24) the mover (The Hon'ble Mr. Liaquat Ali Khan)
be appointed, with powers to co-opt not more than ten Members who need not be Members of the Constituent Assembly, to report as early as possible in accordance with the motion adopted by this Assembly on Aims and Objects, on the main principles on which the Constitution of Pakistan is to be framed.
The presence of at least seven Members shall be necessary to constitute a meeting of this Committee.ANNEXURE II
MEMORANDUM ON FEDERAL AND PROVINCIAL CONSTITUTIONS AND DISTRIBUTION OF POWERS
PART I
DIRECTIVE PRINCIPLES OF STATE POLICY
1. The Objectives Resolution
The Objectives Resolution should be incorporated in the Constitution as a Directive Principle of State Policy, subject to the provision that this will not prejudice the incorporation of Fundamental Rights in the Constitution at the proper place.
2. Education
Steps should be taken in many spheres of governmental activities to enable the Muslims, as laid down in the Objectives Resolution, to order their lives in accordance with the Holy Quran and the Sunna.
It is not possible to enumerate the details of such activities in the Constitution. The incorporation of the Objectives Resolution, however, as a Directive Principle of State Policy would guide the Governments of the Centre and the Units in this respect.
An important point in this connection is the provision of facilities for the Muslims to understand what life in accordance with the Holy Quran and the Sunna means and, therefore, the Committee, among other things, lays particular emphasis on the compulsory teaching of the Holy Quran to the Muslims.
3. Wakfs and Mosques
Wakfs and mosques should be organized on proper lines.
PART II
THE FEDERATION AND ITS TERRITORIES
4. Name and Territories of the Federation
The name of the State should be Pakistan, which should be a Federation of the Governors' Provinces, the Chief Commissioner's Province, the Capital of the Federation and such States as have acceded or may accede to the Federation.
All other territories not specified above which form part of Pakistan on thp dale of the enforcement of this Constitution should be included in the territories of Pakistan.
5. Alteration of Boundaries and Names of Provinces
The Central Legislature may by law—
(a) increase the area of any Province;
(b) diminish the area of any Province;
(c) alter the boundaries of any Province; and
(d) alter the name of any Province: Provided that no Bill for the purpose should be introduced in either House of the Central Legislature except by the Government of Pakistan and unless-
(A) either-(i) a representation in that behalf has been made to the Head of the Stale by a majority of the representatives of the territory in the Legislature of the Province from which the territory is to be separated or excluded; or
(ii) a resolution in that behalf has been passed by the Legislature of any Province whose boundaries or name will be affected by the praposal to be contained in the Bill; and
(B) where the proposal contained in the Bill affects the boundaries or the name of any Province, the views of the Legislature of the province both with respect to the proposal to introduce the Bill and with respect to the provisions thereof have been ascertained by the Head of the State.
6. Establishment of New Provinces
The Central Legislature may, from time to time, by law, admit into the Federation or establish new Provinces on such terms and conditions as it thinks fit.
PART III
THE FEDERATIONN
CHAPTER I
THE EXECUTIVE
7. The Head of the State
(1) There should be a Head of the State.
(2) The executive of the Federation should vest in the Head of the State to be exercised by him in accordance with the Constitution and the law.
(3) Except in those cases where it is provided that the Head of the State should act in his discretion or, unless there is something to the contrary in the context, the term “Head of the State" means the Head of the State acting on the advice of the Ministry.
8. Election of the Head of the State
(1) The Head of the State should be elected by a joint session of both the Houses of the Central Legislature and should not be a member of either House.
(2) A Member of either House, if elected Head of the State, should cease to be a member after his election.
9. Term of Office of the Head of the State The term of office of the Head of the State should be five years from the date of his assumption of office. In case of a vacancy in the office of the Head of the State as a result of death, resignation, in capacity or otherwise, the term of office of the new Head of the State should be five years. 10. Eligibility for Reelection
No person should be allowed to hold the office of the Head of the State consecutively for more than two full terms.
11.Deputy Head of the State
There should be no Deputy Head of the State.
12. Casual Vacancy in the Office of the Head of the State
(1) In case of any casual vacancy in the office of the Head of the State the following persons should act as Head of the State till such time as a new Head of the State is elected and assumes office in the order given below:
(i) the President of the House of Units/
(ii) the President of the House of People.
(iii) the senior most Governor of a Province present in Pakistan.
(2) As long as the President of the House of Units acts as the Head of the State, he should not act as the President of the House of Units, or in any other way take part in its proceedings. He should not, however, on account of his acting as, Head of the State, lose his seat or hrs office in the House of Units. The same rule should apply mutatis mutandis to the President of the House of People or the senior most Governor if either of them has to act as Head of the State.
13.Oath by the Head of the State
The Head of the State should take oath of allegiance to the Constitution of Pakistan as well as oath of office and secrecy in the form and manner to be prescribed.
14. Discharge of the functions of the Head of the State in certain contingencies
The Central Legislature should be entitled to make provision for the discharge of functions of the Head of the State in certain contingencies not provided for in the Constitution.
15.Special Powers of the Head of the State
The Head of the State should possess special powers, such as running elections, and should be given authority to take all necessary steps to ensure free and impartial elections.
16. Supreme Command of the Armed Forces The Supreme Command of the Armed Forces should vest in the Head of the State.
17. Appointment of Commanders-in-Chief and Officers of the Armed Forces
The Commanders-in-Chief of each of the three Armed Forces, the Supreme Commander of the Armed Forces, if any and officers in the Armed Forces should be appointed by the Head of the State. 18. Discretionary Powers of the Head of the State
The following powers should be exercised by the Head of the State in his discretion:
(1) powers of clemency, and
(2) appointment of Election Tribunals.
Explanation-Wherever the words “special powers" or “special responsibility" are used, they should mean the exercise of power by the Head of the State or the Head of the Province, as the case may be, in his discretion.
19. Pay and Allowances of the Head of the State
Suitable provision should be made for fixing the pay and allowances of the Head of the State according to his status and dignity.
The Committee accepted the principle that a reasonable sum in the form of pension or allowance may be allowed to the Head of the State for his life after his retirement. This allowance or pension will be deemed as suspended while he is holding any office of profit.
If the Head of the State is removed in accordance with the Constitution for misconduct, he should not be entitled to any allowance or pension.
20. Protection for the Head of the State
(1) The Head of the State should not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of these powers and duties.
(2) No criminal proceedings whatsoever should be instituted or continued against the Head of the State in any court as long as he holds office.
(3) No process for the arrest, imprisonment or appearance of the Head of the State should issue from any court as long as he holds office.
(4) No civil proceedings in which relief is claimed against the Head of the State should be instituted during his term of office in respect of any act done or purporting to be done by him in his personal capacity whether before or after he entered upon his office as Head of the State until the expiration of 60 days next after notice in writing has been sent to the Head of the State, or left at his office stating the nature of the proceedings, the cause of action therefore, the name, description and place of residence of the party by whom such proceedings are to be instituted and the relief which he claims.
21. Bar against impeachment of the Head of the State and Others
No prevision should be made in the Constitution for the impeachment of the Head of the State or the Heads of Provinces, the Ministers of the Central and Provincial Governments and the Members of the Central and Provincial Legislatures. 22. Removal of the Head of the State
The Central Legislature should be entitled to remove the Head of the State from his office provided a requisition was received from a majority of the Members of each House to that effect and the resolution passed by a joint session of both the Houses of the Legislature by a majority of not less than two-thirds of the total strength, and not merely of the Members present and voting.
Further a month's notice would be necessary for the removal of the Head of the State.
COUNCIL OF MINISTERS
23. Council of Ministers to aid and advice the Head of the State
The Head of the State should appoint as Prime Minister a person who, in his opinion, commands the confidence of the majority of both the Houses of the Central Legislature jointly. The other Ministers should be appointed on the advice of the Prime Minister.
24. Other Provisions as to Ministers
Provision should be made for appointing as a Minister a person who is not a Member of either House, provided that a person should cease to be a Minister unless he gets elected within a period of six months from the date of his appointment.
25. Joint Responsibility to the Legislature
The Ministers in the Centre should be jointly responsible to the Legislature.
26. Oath of Ministers
The Ministers should be required to take oaths of allegiance office and secrecy.
THE ADVOCATE-GENERAL FOR PAKISTAN
27. Advocate-General for Pakistan
There should be an Advocate-General for Pakistan appointed by the Head of the State. The Advocate-General should be one who is qualified to become a Judge of the Federal Court. There should be no age limit in his case.
CONDUCT OF GOVERNMENT BUSINESS
28. Conduct of Business of the Government of Pakistan
Provision should be made in the Constitution for framing rules by the Head of the State for the conduct of Government business.
29. Duties of Prime Minister as respects furnishing of information to the Head of the State.
Provision should be made whereby the Head of the State should be kept informed of all the decisions of the Council of Ministers and the proposals for legislation. The Head of the State should also be furnished with such information relating to the administration of the affairs of the State and the proposals for legislation as he might call for. CHAPTER II
THE CENTRAL LEGISLATURE
30. Constitution, Powers and Functions of the Central Legislature
There should be a Central Legislature consisting of two Houses:
(1) The House of Units representing Legislatures of the Units.
(2) The House of People elected by the people.
31. Representation of Provinces
The existing Provinces, including Baluchistan, should have equal representation in the House of Units (Upper House).
32. Representation of the Centrally-Administered Areas
Although the centrally-administered areas cannot be given representation in the House of Units, for the reason that they are not Provinces, the Committee recommends that they must be represented in the House of People (Lower House) on the same basis as other Provinces.
33. Disqualification for Membership
No person should be entitled to remain at the same time a Member of-
(1) both the House of the Central Legislature, or
(2) any House of the Central Legislature and a Provincial Legislature.
34. Duration of the Houses of the Central Legislature
The life of either House of the Central Legislature should be five years.
35.Summoning of the Houses of the Central Legislature
(1) The Head of the State should summon the Legislature.
(2) Not less than two sessions should be held every year, and not more than six months should elapse between the last day of the last session and the first day of the next session.
(3) A session of the Legislature should be called within three months from the date of appointment of the Prime Minister.
36. Summoning of Joint Session of the Houses of the Central Legislature
Power to convene a joint session should vest in the Head of the State. A joint should be summoned in the following cases:
(1) Conflict between the Houses of Legislature.
(2) Election and removal of the Head of the State.
(3) Consideration of the Budget and other money Bills.
(4) Consideration of a motion of no-confidence in the Cabinet. 37. Prorogation of the Central Legislature
The Central Legislature should be prorogued by ail order of the Head of the State.
38. Dissolution of the Central Legislature
(1) The first dissolution of the Legislature should be on the advice of the Prime Minister.
(2) No dissolution should take place on the advice of the Caretaker Ministry which functions between the date of the dissolution of the Legislature and the formation of a new Ministry after fresh elections.
(3) If a contingency arises wherein no such Ministry as can command the confidence of the Legislature can be formed, the Head of the State should be authorized to dissolve the Legislature in exercise of his discretionary powers and hold fresh elections.
Explanation-As the Committee recommended that the Ministry should be responsible to both the Houses of the Legislature, it is necessarily implied that under the Constitution the dissolution of both the Houses should take effect simultaneously.
39. Powers of the two Houses inter se and provision for Conflict
The two Houses of the Central Legislature should have equal powers and, in case of dispute on any question, a joint session of both the Houses should be called for taking a decision thereon.
The Budget and other money Bills should be considered jointly by both the Houses.
40. Right of Ministers and the Advocate-General as respects the Central Legislature
The Ministers and the Advocate-General should have the right to address any House of the Legislature even though they' may not be Members of that House. The Advocate General should have no right of vote as he will not be a Member of the Legislature.
A Minister should not vote in the House of which he is not a Member.
41. The Chairman and the Deputy Chairman of the Central Legislature
Each House should have a Chairman and a Deputy Chairman.
Provision should be made in the Constitution regarding the election and the removal of the Chairman and the Deputy Chairman on the following lines:
- (i) Each House of the Central Legislature should, as soon as may be, choose two Members of the House to be respectively Chairman and Deputy Chairman thereof and, so often as the office of Chairman or Deputy Chairman becomes vacant, the House concerned should choose another Member to be Chairman or Deputy Chairman as the case may be.
- (ii) A Member holding office as Chairman or Deputy Chairman of any of the Houses should vacate his office, if he ceases to be Member of the House, and
- may at any time resign his office by writing under his hand addressed to the Head of the State and may be removed from his office by a resolution of the House passed by a majority of all the then Members of the House, but no resolution for the purpose of this sub-para should be moved unless at least fourteen days' notice has been given of the intention to move the resolution.
- (iii) While the office of the Chairman is vacant, the duties of the office should be performed by the Deputy Chairman, or if the office of the Deputy Chairman is also vacant, by such Member of the House as the Head of the State may appoint for the purpose. During the absence of the Chairman from any sitting of the House, the Deputy Chairman or, if he is also absent, such person as may be determined by the rules of procedure of the House, or if no such person also is present, such other person as may be determined by the House should act as Chairman.
- (iv) The same rule should apply mutatis mutandis to the office of the Deputy Chairman. While acting as Chairman of the House concerned, the Deputy Chairman should exercise similar powers as the Presiding Officer. There should also be provision for the delegation of powers by the Chairman to the Deputy Chairman or to the person who acts as Chairman of the meeting in the absence of the Chairman or the Deputy Chairman.
- (v) In joint sessions the Chairman of the House of Units should preside. In his absence the Chairman of the House of people should preside and in case both of them are absent, such other person as may be determined by rules should preside.
42. The Secretariat of the Central Legislature
The Committee unanimously held the view that the Secretariat of each of the Houses of the Central Legislature should be absolutely independent and should be under the House as such. Also there was unanimity on the point that the Finance Committee of each House should scrutinize all the financial proposals relating to the expenditure of its respective House and thereafter the Budget should be presented to the House.
The Chairman of each House should be the Chairman and the Finance Minister as ex officio Member of its Finance Committee; the Finance Committee of each House should exercise similar power of control and direction in matters relating to the finances of each House of the Central Legislature as are exercised by the Standing Finance Committee with regard to Government expenditure.
In view of the special nature of the work rules should be framed by the Finance Committee to secure to itself closer contact and effective voice in regulating the finances of the House to which it relates.
43. Oath to Members: Failure or Refusal to take Oath
The Members of the Central Legislature should be required to take an oath of allegiance. No Member should take his seat in the House as long as he has not taken the prescribed oath. Provision should be made that where a Member fails or refuses or declines to take the oath of allegiance within a period not exceeding six months from the date of the first meeting of the Legislature, his seat should be declared vacant, provided that before the expiry of the above mentioned period the Chairman may on good cause shown extend the period.
44.Voting in Houses and Quorum
Except for cases in which a specific majority is provided such as the removal of the Head of the State, all decisions in each of the Houses of the Central Legislature should be taken in accordance with rules framed by the House concerned. The presiding officer of any House of the Legislature should not exercise any vote except the casting vote in case of a tie. The Houses of the Legislature should be entitled to conduct their business even if there as a vacant seat and the proceedings should not be invalidated on that account.
The quorum for a meeting of each House, or for a joint meeting of both the Houses, should be one-seventh of the total number of the Members of each House or of both the Houses as the case may be.
45. Ordinances by the Head of the state
Ordinances passed by the Head of the State during the period the Legislature is not sitting should be laid before the Legislature at its next meeting. Some period should be fixed to restrict the operation of ordinances.
46.Joint Sittings of both Houses
Rules for joint sittings of the two Houses should be framed by a joint sitting of both Houses.
47. Assent to Bills
(1) When a Bill has been passed by the Central Legislature it should be presented to the Head of the State for his assent.
(2) The Head of the State should, within ninety days of the presentation of a Bill. either declare his assent or return the Bill, with or without message, to the Legislature concerned. In case the Legislature passes the Bill again, with or without any amendment, it should be assented to within thirty days.
(3) In the case of money Bills the Head of the State should either assent or return them for reconsideration to the House within three days. If the House sends them back. his assent must be given within three days.
48. Annual Financial Statement
There should not be any formal recommendation by the Head of the State regarding the annual financial statement. Such proposal should be placed before the Legislature only at the instance and on behalf of the Government. 49. The Budget
In view of the fact that the Committee has recommended that the Budget and certain financial matters should be placed before the joint session of both the Houses of the Legislature, the Committee further recommends that a special procedure should be laid down in the Constitution to deal with financial matters, the Budget and the way in which it should be presented to the Legislature.
50. Authentication of the Schedule of Expenditure
The Head of the State should authenticate the Schedule of Expenditure.
51. Rules of Procedure
Each House should determine its own rules of procedure for transacting business. Pending the framing of the new rules the existing rules, with such adaptions as may be necessary, should be applicable. Machinery should be provided for effecting such adaptations.
AUDIT AND ACCOUNTS AND APPOINTMENT OF AUDITORS-GENERAL
52. Auditor-General of Pakistan
- Provisions should be incorporated in the new Constitution on the following lines:
- (1) There should be an Auditor-General of Pakistan, who should be appointed by the Head of the State and should only be removed from office in like manner and on the like grounds as a Judge of the Federal Court.
- (2) The conditions of service of the Auditor-General should be such as may be prescribed by an order of the Head of the State, and he should not be eligible for further office under the State after he has ceased to hold office:
- Provided that neither the salary of an Auditor-General nor his rights in respect of leave of absence, pension or age of retirement should be varied to his disadvantage after his appointment.
- (3) The Auditor-General should perform such duties and exercise such powers in relation to the accounts of the Federation and of the Provinces as may be Prescribed by, or by rules made under, an order of the Head of the State, or by any subsequent Act of the Central Legislature varying or extending such an order:
- Provided that no Bill, or amendment for the purpose aforesaid should be introduced or moved without the previous sanction of the Head of the State.
(4) The salary, allowances and pension payable to or in respect of an Auditor- General should be charged on the revenues of the Federation, and the salaries, allowances and pensions payable to, or in respect of, members of his staff should be paid out of those revenues. 53. Provincial Auditor-General
The appointment and removal of the Provincial Auditor-General should be in the same manner and by the same authority as in the case of the Auditor-General of Pakistan.
(1) If after the expiry of ten years from the date of the enforcement of the new Constitution a Provincial Legislature passes an Act charging the salary of the Auditor- General for the Province on the revenues of the Province, an Auditor-General for the Province may be appointed by the Head of the Province to perform the same duties and to exercise the same powers in relation to the audit of the accounts of the rovince as would be performed and exercised by the Auditor-General of Pakistan, if an Auditor- General of the Province had not been appointed.
(2) The provisions relating to the Auditor-General of Pakistan should apply to the Auditor General of a Province and his staff, subject to the following modifications, that is to say:
(a) A person who is, or has been, Auditor-General of a Province should be eligible for appointment as Auditor-General of Pakistan:
(b) in sub-paras (2) and (3) of the paragraph relating to the Auditor-General of Pakistan for the reference to the Central Legislature there should be substituted a reference to the provincial Legislature, and far the reference to the Head of the State there should be substituted a reference to the Head of the Province; and
(c) in sub-para (4) of the paragraph relating to the Auditor-General of Pakistan for the reference to the revenues of the Federation there should be substituted a reference to the revenues of the Province:
Provided that nothing in the preceding part of this paragraph should derogate from the power of the Auditor-General of Pakistan to give such directions in respect to the accounts of the Provinces as are mentioned in the succeeding part of this paragraph.
54. Power of Auditor-General of Pakistan to give directions as Accounts
The accounts of the Federation should be kept in such form as the Auditor General of Pakistan may, with the approval of the Head of the State, prescribe and, in so far as the Auditor-General of Pakistan may, with the like approval, give any directions with regard to the methods or principles in accordance with which any accounts of Provinces ought to be kept, it should be the duty of every Provincial Government to cause accounts to be kept accordingly.
55. Audit Reports
The report of the Auditor-General of Pakistan relating to the accounts of the Federation should be submitted to the Head of the State, who should cause them to be laid before the Central Legislature, and the reports of the Auditor-General of Pakistan or of the Auditor-General of the Province, as the case may be relating to the accounts of a Province should be submitted to the Head of the Province, who should cause them to be laid before the Provincial Legislature. PART IV
THE PROVINCES
CHAPTER I
THE EXECUTIVE
56. Heads of the Provinces
There should be a Head of the Province for each Province.
57. Executive Power of the Province
The executive power of a Province should be exercised on behalf and in the name of the Head of the Province in accordance with the Constitution and law.
Except in those cases where it is provided that the Head of the Province should act in his discretion and unless there is something to the contrary in the context, the term “Head of the Province" means “Head of the Province acting on the advice of the Ministry".
In matters where the Head of the Province is to exercise his discretion and in matters of appointment and dismissal of Ministers, the Head of the Province should be under the supervision, control and direction of the Head of the State.
58. Appointment of the Head of the Province
The Head of the Province should be appointed by the Head of the State.
59. Term of Office of the Head of the Province
The Head of the Province should hold office during the pleasure of the Head of the State.
60.Oath of the Head of the Province
The Head of the Province should be required to take oaths of allegiance office and secrecy.
61. Discharge of the functions of the Head of the Province in certain contingencies.
The Provincial Legislature should have the power to make provision for the discharge of functions of the Head of the Province in certain contingencies not provided for in the Constitution.
62.Power of the Head of the Province to grant Pardon, Reprieve, etc.
The power to grant pardon, reprieve, etc., should vest in the Head of the Province to be exercised by him in his discretion.
(The Honorable Khan Abdul Qaiyum Khan dissented.)
63. Assumption of Powers by the Head of the Province
The Head of the Province should possess the same powers in an emergency as the Head of the State at the Centre, but those powers should be exercised by the Head of the Province under the direction and control of the Head of the State. 64. Special and Ordinary Powers of the Head of the Province
The running of elections within the Province should be a special responsibility of the Head of the Province and he should be empowered to take all necessary steps to ensure free and impartial elections.
The appointment of Election Tribunals should vest in the Head of the Province in the exercise of his discretion.
65. Protection for the Head of the Province
(1) The Head of the Province should not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties.
(2) No criminal proceedings whatsoever should be instituted or continued against the Head of the Province in any court as long as he holds office.
(3) No process for the arrest, imprisonment or appearance of the Head of the Province should issue from any court as long as he holds office.
(4) No civil proceedings in which relief is claimed against the Head of the Province should be instituted during his term of office in respect of any act done or purporting to be done by him in his personal capacity whether before or after he entered upon his office as Head of the Province until the expiration of 60 days next after notice in writing has been sent to the Head of the Province or left at his office stating the nature of the proceedings, the cause of action therefore, the name, description and place of residence of the party by whom such proceedings are to be instituted and the relief which he claims.
COUNCIL OF MINISTERS
66. Council of Ministers to aid and advice the Heads of Provinces
The Head of a Province should appoint as Chief Minister a person who, in his opinion, commands the majority in the Provincial Legislature.
The other Ministers should be appointed by the Head of the Province on the advice of the Chief Minister of the Province.
In matters of appointment and dismissal of Ministers, the Head of the Province should act under the supervision and control of the Head of the state.
67. Oath of Ministers
The Ministers in the Provinces should be required to take oaths of allegiance office and secrecy.
68. Joint Responsibility of Ministers to the Provincial Legislature
The Ministers in the Provinces should be jointly responsible to their respective Legislatures. 69. Protection in respect of the act of choosing Ministers
The action of the Head of Province in appointing or dismissing a Minister should not be called in question in any court of law.
70. Conduct of Business of the Government of a Province
Provision should be made in the Constitution for the framing of rules by the Head of the Province for the conduct of Government business in the Province.
71. Duties of a Chief Minister as respects the furnishing of information to the Head of Province Provision should also be made whereby the Head of the Province should be kept informed of all the decisions of the Council of Ministers and the proposals for legislation. The Head of the Province should also be furnished with such information relating to the administration of the affairs of the Province and the proposals for legislation as he might call for.
THE PROVINCIAL ADVOCATE-GENERAL
72. The Provincial Advocate-General
The Advocate-General of a Province should be appointed by the Head of the Province. He should be a person qualified to become a judge of the High Court. There should be no age limit.
THE PROVINCIAL LEGISLATURE
73. Constitution of the Provincial Legislature
There should be one House of Legislature in each Province elected by the people.
74. Life of Provincial Legislature
The life of a Provincial Legislature should be five years.
75. Summoning of the Provincial Legislature
(1) The Head of the Province should summon the Provincial Legislature on the advice of the Cabinet.
(2) Not less than two sessions should be held every year, and not more than six months should lapse between the last day of the last session and the first day of the next session.
(3) A session of the Provincial Legislature should be called within three months from the date of appointment of the Chief Minister of the Province.
76. Prorogation of the Provincial Legislature
The Provincial Legislature should be prorogued by an order of the Head of the Province. 77. Dissolution of the Provincial Legislature
(1) The first dissolution of the Provincial Legislature should be on the advice of the Chief Minister of the Province.
(2) No dissolution should take place on the advice of the Caretaker Ministry which functions between the date of the dissolution of the Provincial Legislature and the formation of a new Ministry after fresh elections.
(3) If a contingency arises wherein no such Ministry as can command the confidence of the Provincial Legislature can be formed, the Head of the Province should be authorized to dissolve the Provincial Legislature in exercise of his emergency powers and hold fresh elections.
78. Right of Ministers and the Advocate-General as respects Provincial Legislature
(1) Provision should be made for appointing as a Minister a person who is not a Member of the Provincial Legislature, provided that a person will cease to be a Minister unless he gets elected within a period of six months from the date of his appointment.
(2) The Ministers and the Advocate-General of the Province should have the right to address the Provincial Legislature even though they may not be Members of the Provincial Legislature. The Advocate-General should have no right of vote as he will not be a Member of the Provincial Legislature. Any Minister who is not a Member of the Provincial Legislature should also have no right of vote.
79. The Chairman and Deputy Chairman of the Provincial Legislature
Provision should be made for the election of a Chairman and a Deputy Chairman of the Provincial Legislature on the following lines:
(1) Every Provincial Legislature should, as soon as may be, choose two Members of the Provincial Legislature to be respectively Chairman and Deputy Chairman thereof and so often as the office of Chairman or Deputy Chairman becomes vacant the Provincial Legislature should choose another Member to be Chairman or Deputy Chairman, as the case may be.
(2) A Member holding office as Chairman or Deputy Chairman of a Provincial Legislature should vacate his office if he ceases to be a Member of the Provincial Legislature and may at any time resign his office by writing under his hand addressed to the Head of the Province and may be removed from his office by a resolution of the Provincial Legislature passed by a majority of all the then Members of the Provincial Legislature, but no resolution for the purpose of this sub-para should be moved unless at least fourteen days' notice has been given of the intention to move the resolution:
Provided that whenever the Provincial Legislature is dissolved, the Chairman should not vacate his office until immediately before the first meeting of the Provincial Legislature after the dissolution. (3) While the office of Chairman is vacant, the duties of the office should be performed by the Deputy Chairman, or if the office of Deputy Chairman is also vacant, by such Member of the Provincial Legislature as the Head of the Province may appoint for the purpose. During the absence of the Chairman from any sitting of the Provincial Legislature the Deputy Chairman, or, if he is also absent, such person as may be determined by the rules of procedure of the Provincial Legislature, or if no such personal so is present, such other person as may be determined by the Provincial Legislature should act as Chairman.
80. The Secretariat of the Provincial Legislature
The Secretariat of the Provincial Legislature should be absolutely independent and should be under the Provincial Legislature itself. The Finance Committee of the Provincial Legislature should scrutinize all the financial proposals relating to the expenditure of the Provincial Legislature and thereafter the Budget should be presented to the Provincial Legislature.
The Chairman of the Provincial Legislature should be the Chairman and the Finance Minister of the Province, an ex officio Member of the Finance Committee. The Finance Committee of the Provincial Legislature should exercise similar powers of control and direction in matters relating to the finances of the Provincial Legislature as are exercised by the Standing Finance Committee of the Provincial Legislature with regard to Government expenditure.
In view of the special nature of the work rules should be framed by the Finance Committee to secure to itself closer contact and effective voice in regulating the finances of the Provincial Legislature.
81. Oath of Members
The Members of the Provincial Legislature should be required to take an oath of allegiance. No Member should take his seat in the Provincial Legislature as long as he has not taken the prescribed oath. Provision should be made that where a Member fails or refuses or declines to take the oath of allegiance within a period not exceeding six months from the date of the first meeting of the Provincial Legislature, his seat should be declared vacant: provided that before the expiry of the above-mentioned period the Chairman may, on good cause shown, extend the period.
82. Voting and Quorum
Except for cases in which a specific majority is provided all decisions in the Provincial Legislature should be taken in accordance with rules framed by the Provincial Legislature concerned. The presiding officer of the Provincial Legislature should not exercise any vote except the casting vote in case of a tie. The Provincial Legislature should be entitled to conduct its business even if there is a vacant seat and the proceedings should not be invalidated on that account.
The quorum for a meeting of the Provincial Legislature should be one-seventh of the total number of the Members of the Provincial Legislature. 83. Powers, Privileges and Immunities of the Provincial Legislature and of the Members and Committees thereof.
The Provincial Legislature should be entitled to legislate about privileges and immunities of its Members subject to the Rules and Standing Orders regulating the procedure of the Provincial Legislature. Freedom of speech and immunity from any proceedings in any court in respect of anything said or any vote given by a Member of the Provincial Legislature or a Committee thereof should be provided and no person should be liable in respect of publication by or under the authority of the Provincial Legislature concerned of any reports, paper, vote or proceedings. Similar privileges should be provided for those who, though not Members of the Provincial Legislature are authorized under the Constitution to attend, address and participate in the proceedings of the Provincial Legislature and its Committees.
Pending the passage of legislation with regard to such matters, the privileges and immunities enjoyed by the Members of the House of Commons in the United Kingdom should be enjoyed by the Members of the Provincial Legislature.
84. Assent to Bills
A Bill which has been passed by the Provincial Legislature should be presented to the Head of the Province and the Head of the Province should declare either that he assents to the Bill in the name of the Head of the State or that he withholds assent there from or that he reserves the Bill for the consideration of the Head of the State.
When a Bill is reserved by the Head of the Province for the consideration of the Head of the State, the Head of the State should declare either that he assents to the Bill or that he withholds assent there from, provided that the Head of the State may, if he thinks fit, direct the Head of the Province to return the Bill to the Provincial Legislature together with a message and, when a Bill is so returned, the Provincial Legislature should reconsider it accordingly, and if it is again passed by the Provincial Legislature. with or without amendment, it should be presented again to the Head of the State for his consideration:
Provided that if the Head of the State thinks that he should not give his assent to the Bill for the reason that Central legislation is necessary on the subject he may withhold his assent until the said legislation is passed during the next session of the Central Legislature.
In the case of money Bill the Head of the Province should either assent or return them for reconsideration to the Provincial Legislature within three days. If the Provincial Legislature sends them back, his assent must be given within three days. 85. Annual Financial Statement
There should not be any formal recommendation by the Head of the Province regarding the annual financial statement. Such proposal should be placed before the Provincial Legislature only at the instance and on behalf of the Government.
86. Authentication of the Schedule of Expenditure
The Head of the Province should authenticate the Schedule of expenditure
87. Rules of Procedure
Every Provincial Legislature should determine its own rules of procedure for transacting its business. Pending the framing of new rules, the existing rules, with such adaptations as may be necessary, should be applicable. Machinery should be provided for effecting such adaptations. This machinery should also decide about the rules of procedure of any House which may be created under the present Constitution in any province where no Legislature exists at present.
88. Power of the Head of the Province to promulgate Ordinances during the recess of the Provincial Legislature
Provision should be made to empower the Head of the Province to promulgate ordinances during the recess of the Provincial Legislature, but these powers should be exercised under the direction and control of the Head of the State. Some period should be fixed to restrict the operation of the ordinances.
PART V
RELATION BETWEEN FEDERATION AND ITS UNITS
89. Subject-matter of Laws to be made by the Central Legislature and by the Provincial Legislatures
The Committee has prepared three comprehensive Lists of Subjects for the purpose of legislation
(1) exclusively by the Central Legislature;
(2) exclusively by the Provincial Legislatures; and
(3) both by the Central and the Provincial Legislatures.
These three lists-the Federal, the Provincial and the Concurrent-will be found in Annexure III.
The residuary powers of legislation should vest in the Centre.
90. Planning and Co-ordination in respect of matters in the Provincial and the Concurrent Lists
Provisions should be made for planning and co-ordination by the Centre in respect of matters in the Provincial and the Concurrent Lists, and the Central Legislature should be competent to legislate regarding this. 91. Power of the Central Legislature to legislate for one or more Provinces by consent and adoption of such legislation by any other Province.
If it appears to the Legislature or Legislatures of one or more Provinces to be desirable that any of the matters with respect to which the Central Legislature has no power to make laws for the Province or Provinces, except legislation in respect to any matter in the Provincial List in case of proclamation of emergency, should be regulated in such Province or Provinces by Central Legislature, by law, and a resolution or resolutions to that effect is or are passed by the Legislature of the Province or of each of the Provinces it should be lawful for the Central Legislature to pass an Act for regulating that matter accordingly, and any Act so passed should apply to such Province or Provinces and to any other Province by which it is adopted afterwards by resolution passed in that behalf by the Legislature of that Province.
92. Repeal of the Laws made by the Centre
Any Act passed under the preceding paragraph by the Central Legislature may be amended or repealed by an Act of the Central Legislature passed or adopted in like manner but should not, as respects any Province to which it applies, be amended or repealed by an Act of the Legislature of that Province.
93. Inconsistency between Laws made by the Central Legislature and Laws made by the Provincial Legislatures
Provision should be made for the Federal Laws to prevail over the Provincial Laws in the case of a conflict.
94. Power to declare a Provincial Law ultra vires
The Head of the State should not possess powers to declare a Provincial Law ultra vires. The Federal Court alone should be given this power under the Constitution.
95. Delegation of Powers
Provision should be made authorizing the Centre to delegate its powers to a Province or some officer thereof, with the consent of that Province.
Provision should also be made authorizing the Centre to take legislative or executive action at the request of more than one Province with regard to matters that are in the Provincial List.
Notwithstanding anything in this list of recommendations the Head of the State may, with the consent of the Government of a Province or the Ruler of a Federal State, entrust either conditionally or unconditionally to that Government or Ruler, or to their respective officers, functions in relation to any matter to which the executive authority of the Federation extends.
An Act of the Central Legislature may, notwithstanding that relates to a matter with respect to which a Provincial Legislature has no power to make laws, confer powers and impose duties or authorize the conferring of powers and the imposition of duties upon a Province or officers and authorities thereof.
An Act of the Central Legislature which extends to a Federal State may confer powers and impose duties or authorize the conferring of powers and the imposition of duties upon the State or officers and authorities thereof to be designated for the purpose by the Ruler.
Where by virtue of this provision, powers and duties have been conferred or imposed upon a Province or Federated State or officers or authorities thereof there shall be paid by the Federation to the Province or the State such sum as may be agreed, or, in default of agreement, such sum as may be determined by an arbitrator appointed by the Chief Justice of Pakistan in respect of any extra costs of administration incurred by the Province or the State in connection with the exercise of those powers and duties.
96. Legislation in respect of any matter in the Provincial List in case of Proclamation of Emergency
Provision should be made authorizing the Centre to legislate in respect of any matter in the Provincial List in case of Proclamation of Emergency.
97. Machinery for the Adjustment of Boundaries
Provision should be made for the setting up of machinery for the adjustment of the boundaries of various Provinces.
Explanation Adjustment of boundaries does not mean the abolition of any of the existing Provinces.
98. Obligation of Provinces and Federation and Control of Federation over Provinces in certain cases
(1) The executive Power of every Province should be so exercised as to ensure compliance with the laws made by the Central Legislature and any existing laws which apply to that Province and the executive power of the Federation should extend to the giving of such directions to a Province as may appear to the Government of Pakistan to be necessary for that purpose.
(2) The executive power of every Province should be so exercised as not to impede or prejudice the exercise of the executive power of the Federation and the executive power of the Federation should extend to the giving of such directions to a Province as may appear to the Government of Pakistan to be necessary for that purpose.
(3) The executive power of the Federation should also extend to the giving of directions to a Province as to the construction and maintenance of means of communications declared in the directions to be of national or military importance;
Provided that nothing in this sub-para, should be taken as restricting the power of the Central Legislature to declare highways or waterways to be national highways or national waterways or the power of the Federation with respect to the highways or waterways so declared or the powers of the Federation to construct and maintain means of communication as part of its functions with respect to naval, military and air force works.
(4) The executive power of the Federation shall extend to the giving of directions to a Province as to the measures to be taken for the protection of railways within the Province.
(5) “Where, in carrying out any direction given to a Province under sub-para (3) as to the construction or maintenance of any means of communication or under sub-para (4) as to the measures to be taken for the protection of any railway, costs have been incurred in excess of those which would have been incurred in the discharge of the normal duties of the Province if such direction had not been given, there should be paid by the Government of Pakistan to the Province such sum as may be agreed, or in default of agreement, such sum as may be determined by an arbitrator appointed by the Chief Justice of Pakistan in respect of the extra costs so incurred by the Province.
99. Disputes regarding interpretation of Constitution
A dispute with regard to the interpretation of the Constitution between the Provinces inter se or between the Centre and one or more of the Provinces should always be referred to the Federal Court for decision.
100. Disputes in General
All other disputes between the Centre and the Provinces or the Provinces inter se should be settled by a Tribunal to be set up by the Chief Justice of Pakistan at the request of any party. The report of the Tribunal should be submitted to the Chief Justice of Pakistan to see that the purpose for which the Tribunal was set up has been carried out. The report should then be sent to the Head of the State for implementation.
101. Inter-Provincial Councils
The Head of the State should have the authority to set up one or more Councils for dealing with matters of common interest between more than one Province or the Provinces and the Centre with the consent of the parties concerned.
102. Borrowing by Government of Pakistan
The Centre should be competent to borrow money on its own credit for a Province if it likes.
103. Borrowing by Provinces
So far as borrowing by a Province on its own credit through the agency of the Centre is concerned, no provision is necessary.
PART VI
SERVICES UNDER THE FEDERTION AND FROVINCES
104. Protection of Services
Protection against suits, etc., should be provided to the public servants on the following lines: No Bill or amendment to abolish or restrict the protection afforded to certain servants of the State in Pakistan by section 197 of the Code of Criminal Procedure, 1898, or by sections 80-82 of the Code of Civil Procedure, 1980, should be introduced or moved in the Central Legislature without the previous sanction of the Head of the State or in a Provincial Legislature without the previous sanction of the Head of the Province.
Where a civil suit is instituted against a public officer, within the meaning of that expression as used in the Code of Civil Procedure, 1908, in respect of any act purporting to be done' by him in his official capacity, the whole or any part of the costs incurred by him and of any damages or costs ordered to be paid by him should, if the Head of the State so directs in the case of a person employed in connection with the affairs of the Federation, or if the Head of the Province so directs in the case of a person employed in connection with the affairs of a Province, be defrayed out of and charged on the revenues of the Federation or of the Province as the case may be.
105. Public Service Commissions for the Federation and for the Provinces
There should be a Public Service Commission at the Centre and a Public Service Commission in each of the Provinces provided that it may be permissible to set up a Joint Public Service Commission for two or more Provinces.
106. Appointment of Chairman and Members of Public Service Commissions
The appointment of the Chairman and the Members of the Public Service Commission at the Centre as well as in the Provinces should be made in accordance with the procedure which may be laid down for the appointment of the Judges of the High Courts.
PART VII
EXCLUDED AND PARTIALLY EXCLUDED AREAS
107. Excluded and Partially Excluded Areas
The expressions 'excluded area' and “Partially excluded area' mean respectively such areas as were excluded or partially excluded areas immediately before the establishment of the Federation, or such areas as may henceforth be declared by the Head of the State to be excluded or partially excluded areas.
(1) The executive authority of a Province extends to excluded and partially excluded areas therein, but notwithstanding anything in the Constitution, no Act of the Central Legislature or of the Provincial Legislature should apply to an excluded area or a partially excluded area, unless the Head of the Province by public notification so directs, and the Head of the Province in giving such a direction with respect to any Act may direct that the Act should in its application to the area, or to any specified part thereof, have effect subject to such exceptions or modifications as he thinks fit.
(2) The Head of the Province may make regulations for the peace and good government of any area in a Province which is for the lime being an excluded area, or a partially excluded area, and any regulation so made may repeal or amend any Act of the Central Legislature or of the Provincial Legislature or any existing law, which is for the time being applicable to the area in question. Regulations made under this sub-para shall be submitted forthwith to the Head of the State, and until assented to by him, should have no effect.
PART VIII
EMERGENCY PROVISIONS
108. Proclamation of Emergency
In case the State is threatened on account of external aggression or internal disturbances an emergency may be declared.
109. Power of the Head of the State to suspend Constitution in case of emergency or threat to the security of the State
In case of emergency or of threat to the security of the State or failure of the Constitution, the Head of the State should have power to suspend the whole or part of the Constitution, if he thinks necessary.
110. Power of the Head of the State to suspend Constitution or part of Constitution in case of failure of constitutional machinery in a Province.
In case of a failure of the Constitution in a Province the Head of the State should have the power to suspend such part of the Constitution as may be necessary for the purpose of carrying on the administration, but such power should not extend to the suspension of the Federal Court or the High Court itself or the powers that are vested in the Federal Court and the High Court’s by the Constitution.
111. Power of the Head of the State to take necessary steps in case of threat to the economic life of the country.
The Head of the State should have power in all emergencies to take necessary steps in case the stability or the economic life of the country or any part thereof is threatened.
112. Power of Supervision, Direction and Control in case of threat to Financial Stability.
Authority should vest in the Head of the State to exercise the powers of supervision, direction and control with regard to matters that may be essential for the financial stability or the credit of the State or any part thereof.
113. Exercise of certain Powers by the Centre
The Centre should possess power to legislate in respect of any matter in the Provincial List in case of proclamation of an emergency.
Provision should be made to empower the centre to issue directions to the Provinces with regard to certain important matters when an emergency arises. The Head of the State should have the power to legislate subject to the ultimate control of the Central Legislature.
In case it is not possible for the Legislature to sanction the Budget in time, a provision should be made authorizing the Head of the State to certify the expenditure.
114. Laying of Proclamation of Emergency before the Central Legislature
Provision should be made making it compulsory on the part of the Head of the State to lay the Proclamation of Emergency issued by him before the Central Legislature in case the Legislature is in existence and can meet.
PART IX
MISCELLANEOUS
115. Titles and Decorations
No titles should be granted by the State of Pakistan; no citizen of Pakistan should accept any title of any kind whatsoever from any King. Prince or Foreign State. This should not, however, bar the award by the Head of the State of decorations in recognition of service in its Defence services, Police and other similar organizations, or decorations for velour.
116. Treaty-Making Powers
All the treaties should be signed and ratified by the Head of the State.
All treaties except of those categories which might specifically be excluded from the operation of this clause should be subject to ratification by the Central Legislature. The treaties excluded may be ratified by the Government. The Committee is of the view that certain treaties may be of such an important nature that they should go for ratification to each House of the Central Legislature sitting separately. In the case of a difference, the matter may be considered in a joint session of both the Houses.
As a large number of treaties relating to day-to-day administration have to be excluded, the matter should be investigated by an Expert Sub-Committee of officer and a list of such categories of treaties should be prepared as soon as possible, and they should be included in a schedule to be attached to the Constitution Act.
117. Power to receive Diplomats
The Head of the State should have power to receive diplomats.
118. Power to declare war The power to declare war should vest in the Head of the State.
119. Jurisdiction of the Federation in relation to Territories outside Pakistan
Suitable provision should be included in the Constitution for legislative executive and judicial jurisdiction of an extra-territorial nature. 120. Language of the State
Urdu should be the national language of the State.
121. Nomenclature
Nomenclature should be in the national language with English translation in the English version of the Constitution.
The Committee has appointed a special Committee consisting of Dr. Maulvi Abdul Haq, Dr. I. H. Qureshi and Dr. Mahmud Husain to suggest appropriate nomenclature.
122. Oaths
Wherever under the Constitution oath is required to be taken, the Muslims should lake it in the name of God and in the case of non-Mulsims it should be open to them either to take oath in the name of God or make an affirmation.
123. Interpretation of the Constitution
The interpretation of the Constitution should be left to the Judiciary. But while framing the details, care should be taken that the final interpretation by the highest Court in Pakistan is not unnecessarily delayed.
PART X
AMENDMENT OF THE CONSTITUTION
124. Procedure for Amendment of the Constitution
The Committee is of the view that the process of amending the Constitution should be made difficult. It is accordingly decided that the following procedure should be recommended.
If a notice is received signed by not less than one-third of the Members of a House seeking permission for the circulation of their motion for amendment of the Constitution amongst the Provinces for opinion, it should be placed on the agenda of the House concerned and considered. In case it is passed by a majority, the matter should be referred to the other House for consideration for the same purpose. When permission is granted by the second House, the proposal should be circulated to the Provinces by the Chairman of the House in which it is initiated. The Chairman of the Legislature of every Province, by whom the proposal is received for consideration, should convey the decision of the respective Legislature to the Chairman who circulated the proposal. The decision in the Central as well as the Provincial Legislature should be taken by majority of votes. If a majority of the Provinces support the consideration of the motion, it should be placed on the agenda of the originating House for consideration. In case it is passed by the House with two-thirds majority of the Members present and voting, it should be referred to the other House for similar action. If the latter House also passes the proposal by a like majority, the amendment should be deemed to have been passed. PART XI
TRANSITIONAL PROVISIONS
125. Provision during the Transitional period
(1) Special provision should be made to enable the administration of the country to be run. as far as possible, in accordance with the present Constitution from the time of passage of the new Constitution till its implementation.
(2) Provision should be made to enable the existing administration to take all suitable steps towards the enforcement of the new Constitution.
ANNEXURE III
LIST I (Federal)
1. All matters necessary for ensuring the defence of the State in peace and war.
2. The raising, training, maintenance and control of naval, military and airforces and their employment for the defence of Pakistan and enforcement of the laws of Pakistan and its Provinces and any other force which may be needed for the protection of, and service on, the border.
3. Preventive detention in the territory of Pakistan for reasons connected with defence, external affairs or the security of Pakistan,
Persons subjected to preventive detention under the authority of the Federation.
4. Defence industries and atomic energy.
5.All work connected with services set up under Nos. 1 and 2 and Local Self- Government in Cantonment areas, powers and functions within such areas of Cantonment authorities, control of house accommodation in such areas and the delimitation of such areas.
6. Foreign affairs, all matters which bring Pakistan into relation with any foreign country.
7. Diplomatic, consular and trade representation.
8. International organizations, participation in International conferences, associations and other bodies and implementing of decisions made thereat.
9. War and peace and making of treaties and implementation thereof.
10. Foreign and extra-territorial jurisdiction.
11. Trade and commerce with foreign countries.
12. Foreign loans.
13. Citizenship, naturalization and aliens.
14. Extradition. 15. Passport and visas.
16. Piracies and offences against the law of Pakistan and offences against the law of nations committed on the high seas and in the air.
17. Admission into, and emigration and expulsion from the territory of Pakistan.
18. Pilgrimages to places beyond Pakistan.
19. Pilgrimages by foreigners to places inside Pakistan.
20. Inter-Provincial and port quarantine, seamen's and marine hospitals and hospitals connected with port quarantine.
21. Import and export across customs frontiers as defined by the Government of Pakistan.
22. Communications which shall include the control of railways, airways, shipping. navigation on sea and air, national highways declared to be such by Central Legislature by law, national ports declared to be such by or under the law made by Central Legislature, posts and telegraphs, telephones, wireless, broadcasting and television.
Maritime shipping and navigation, including shipping and navigation on tidal waters; provision of education and training for the mercantile marine and civil aviation and regulation of such education and training provided by the Provinces and other agencies.
22A. Airways, aircraft and air navigation; provision for aerodromes; regulation and organization of air traffic and of aerodromes; provision for aeronautical education and training and regulation of such education and training provided by Provinces and other agencies.
Shipping and navigation 011 inland waterways, declared by Central Legislature by law to be national waterways, as regards mechanically-propelled vessels, and the rule of the road on such waterways; carriage of passengers and goods on such waterways.
23. Ancient and historical monuments declared by law to be of national importance, archaeological sites and remains, libraries and museums not financed by the Provinces.
24. Federal agencies and institutes for research, for professional or technical training or for the promotion of special studies.
25. Federal surveys and Federal meteorological organizations.
26. State Bank of Pakistan, banking, currency, foreign exchange, coinage, legal tender, cheques, bills of exchange, promissory notes, and other like instruments.
27. Insurance.
28. Company Laws.
29. Copyrights, designs, patents, inventions, trade and merchandise marks.
30. Development of industries, when development under Federal control is declared by Federal law to be expedient in the public interest. 31. Iron, steel, coal, petroleum and mineral and any other such commodities, the control of which is declared by Federal law to be of national interest.
Regulation of mines and oil fields and mineral development to the extent to which such regulation and development under Federal control is declared by Federal law to be expedient in the public interest.
32. Industrial disputes concerning the regulation of labor and safety in mines and oilfields.
33. Regulation of Inter-provincial trade and commerce.
34. Standards of weight and measure.
35. Opium so far as regards cultivation and manufacture or sale for export.
36. Constitution, organization, jurisdiction and powers of the Federal Court and fees. 37. Census.
38. Inquiries and statistics for the purpose of any matters in this List.
39. Central Intelligence Bureau.
40. Federal Public Service and Federal Public Service Commission.
41. Election to Central Legislature and of the President and all other Federal elections.
42. Fishing and fisheries beyond territorial waters.
43. Salt.
44. Provision for dealing with emergencies in any part of the territory.
45. Offences against laws with respect to any of the matters in this list.
46. Corporation, that is to say, the incorporation, regulation and winding up of trading corporations, including banking, insurance and financial corporation's other than Universities, co-operative societies and municipal corporations.
47. Inter-Provincial migration with Pakistan.
48. Acquisition and requisitioning of land or property for the purposes of the Federation.
49. Property of the Federation and the revenue there from, but as regards property situated in a Province subject always to legislation by the Province save in so far as Central Legislature by law otherwise provides.
50. Public debt of the Federation; borrowing of money on the Federal credit.
51. Zakat.
52. Decoration and titles of honor. 53. Intoxicating liquors and narcotic drugs.
54. Sanction of cinematograph films for exhibition.
55. Arms, firearms, ammunitions and explosives.
56. Post Office Saving Bank.
57. Admiralty jurisdiction.
58. Lighthouses, including lightships, beacons, and other provision for the safety of shipping and aircraft.
59. Petroleum and other liquids and substances declared by Federal law to be dangerously inflammable, so far regards possession, storage and transport.
60. The salaries of the Central Ministers and Deputy Ministers and of the Chairman and Deputy Chairman of the Central Legislature, the salaries, allowances, and privileges of the Members of the Central Legislature and the punishment of persons who refuse to give evidence or produce documents before Committees of the Legislature.
61. The enforcement of attendance of persons for giving evidence or producing documents before Committees of Central Legislature.
62. The development of waterways for purposes of flood control, irrigation navigation and hydro-electric power when such development is required for the benefit of more than one Province.
63. Stock exchanges and future markets.
64. Extension of the jurisdiction of a High Court having its principal seat in any Province to an area outside that Province and exclusion of the jurisdiction of any such High Court from any area outside that Province.
65. Jurisdiction and powers of all Courts, other than the Supreme Court, with respect to any of the matters in this list.
66. Extension of the powers and jurisdiction of members of a police force belonging to any Province to any other area in Pakistan, but not so as to enable the police of one Province to exercise powers and jurisdiction elsewhere without the consent of the Government of the area concerned.
67. All other matters not enumerated in Lists II and III.
LIST II (Provincial)
1. Public order (but not including the use of armed forces in aid of civil power), administration of justice, constitution and organisation of all courts except Federal Court, and fees taken in preventive detention for reasons connected with maintenance of public order. 2. Prisons, Reformatories, Borstal institutions and other institutions of a like nature and persons detained therein, arrangements with other Provinces for the use of prisons and other institutions.
Police.
3. Jurisdiction and powers of all courts except the Federal Court with respect to any of the matters in this List, procedure in rent and revenue courts.
4. Public debt of the Province.
5. Provincial pensions, i.e., payable by a Province.
6. Provincial Service and Provincial Public Service Commission.
7. Works, lands and buildings vested in or in the possession of a Province.
8. Acquisitioning and requisitioning of land or property for the purposes of Provinces or when so required for the Federation.
9. Universities, libraries, museums and other similar institutions controlled or financed by the Provinces.
10. Public health, sanitation, hospitals, registration of births and deaths.
11. Burials and burial grounds.
12.Election of Provincial Legislatures, salaries and allowances of Ministers, Chairmen, etc., the punishment of persons who refuse to give evidence or produce documents before Committees of Legislatures.
13. Local Government. i.e., municipalities, improvement trusts, district boards. mining settlement authorities and other local authorities for the purpose of local self- government.
14. Pilgrimages within the Province.
15. Education.
16. Communications, that is to say, roads, bridges, ferries and other means of communication not covered by List I, municipal tramways; ropeways; inland waterways and traffic thereon subject to the provisions of List III with regard to such waterways. ports subject to the provisions in List I with regard to national ports; vehicles other than mechanically-propelled vehicles.
17. Water supplies, irrigation and canals, drainage and embankment, water storage.
17A. Water power.
18. Agriculture, including agricultural education and research, protection against pests and prevention of plant diseases; improvement of stock and prevention of animal diseases; veterinary training and practice; pounds and the prevention of cattle trespass. 19. Land, rights in or over land, land tenures, relations of landlords and tenants, collection of rent; transfer, alienation and devolution of agricultural land, land improvement and agricultural loans; colonization; courts of wards; encumbered and attached estates; treasure trove; jagirs and inams chargeable to Provincial revenues.
20. Forests, protection of wild birds and animals.
21. Gas and gas works.
22. Regulation of mines and oilfields and mineral development subject to the provisions of List I.
23. Fisheries.
24. Control of inns and innkeepers, shops and saloons.
25. Trade and commerce in the Province, fairs and markets.
25A. Money-lending and money-lenders.
26. Production, supply and distribution of goods, development of industries subject to List I.
27. Adulteration of foodstuffs and other goods.
28. Intoxicating liquors and narcotic drugs subject to List 1.
29. Poor relief, unemployment, charities, charitable institutions, charitable and religious endowments.
30. The incorporation, regulation and winding up of corporations specified in List I or Universities; unincorporated trading, literary, scientific, religious and other societies and associations excepting those of Muslims; co-operative societies.
31. Betting and gambling.
32. Theatres, dramatic performances and cinemas excluding sanction of cinematograph films for exhibition.
33. Inquiries and statistics for the purpose of any of the matters in this List.
34. Offences against laws with respect to any of the matters in this List.
35. Walks and mosques.
LIST III (concurrent)
1. Criminal law, including all matters included in the Indian Penal Code at the date of the passing of this Act, but excluding offences against laws with respect to any of the matters specified in List I or List II and excluding the use of naval, military and air forces in aid of the civil power.
2. Criminal procedure, including all matters included in the Code of Criminal Procedure at the date of the passing of this Act. 3. Removal of prisoners and accused persons from one Province to another.
4. Civil procedure, including the law of limitation and all matters, included in the Code of Civil Procedure at the date of the passing of this Act; the recovery in a Province of claims in respect of taxes and other public demands, including arrears of land revenue and sums recoverable as such arising outside that Province.
5. Evidence and oath; recognition of laws, public acts and records and judicial proceedings.
6. Marriage and divorce; infants and minors; adoption.
7. Wills, intestacy, and succession, save as regards agricultural lands.
8. Transfer of property other than agricultural land; registration of deeds and documents.
9. Trusts and trustees.
10. Contracts, including partnership, agency, contracts of carriage and other special forms of contract but not including contract relating to agricultural land.
11. Arbitration.
12. Bankruptcy and insolvency; administrators-general and official trustees.
13. Stamp duties other than duties or fees collected by means of judicial stamps, but not including rates of stamp duty.
14. Actionable wrongs, save in so far as included in laws with respect to any of the matters specified in List I or List II.
15. Jurisdiction and powers of all courts except the Federal Court with respect to any of the matters in this List.
16. Legal, medical and other professions.
17. Newspapers, books and printing presses.
18. Lunacy and mental deficiency, including places for the reception or treatment of lunatics and mental deficient's.
19. Poison and dangerous drugs.
20. Mechanically-propelled vehicles.
21. Boilers.
22. Prevention of cruelty to animals.
23. Vagrancy, nomadic, criminal and migratory tribes.
24. Factories.
25. Welfare of labor; conditions of labor; provident funds; employer's liability and workmen's compensation; health insurance, including invalidity pensions; old age pensions.
26. Unemployment and social insurance.
27. Trade unions; industrial and labor disputes.
28. The prevention of the extension from one Province to another of infections or contagious diseases or posts affecting men, animals or plants.
29. Electricity.
30. Shipping and navigation on inland waterways as regards mechanically propelled vessels, and the rule of the road on such waterways, carriage of passengers and goods on inland waterways.
31. The principles on which compensation is to be determined for property acquired or requisitioned for the purposes of the Federation or a Province.
32. Inquiries and statistics for the purpose of any of the matters in this List.
33. Fees in respect of any of the matters in this List.
34. Interest.
35. Higher technical education.
36. Scientific and industrial research.
37. Muslim religious societies excluding mosques and wakfs.