বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্র (প্রথম খণ্ড)/৬২
| শিরোনাম | সূত্র | তারিখ |
| নাজিমউদ্দিন কর্তৃক মূলনীতি কমিটির চূড়ান্ত রিপোর্ট | পাকিস্তান গণপরিষদ | ২২শে ডিসেম্বর, ১৯৫২ |
Speech delivered by the Hon'ble Al-haj Khwaja Nazimuddin at the time of presenting the report of the Basic Principles Committee to the Constituent Assembly on the 22nd December, 1952.
Mr. President,
Sir,
I beg to present the report of the Basic Principles Committee appointed by a resolution of this Assembly dated the 12th March, 1949. You would recall Sir, that the late Shahid-i-Millat Mr. Liaquat Ali Khan presented an interim report of this Committee on the 28th September, 1950. This Assembly resolved to refer the report back to the Committee to enable it to consider any concrete and definite proposals in conformity with the Objectives Resolution which might be received by the office of the Constituent Assembly by the 31st January 1951 and to make such further recommendations as might be found necessary. The number of suggestions received was very large and, therefore, the Basic Principles Committee set up a sub-committee to examine these suggestions. This subcommittee submitted its report on the 8th July, 1952. The Basic Principles Committee considered the report of this sub-committee and also the reports of the subcommittees on franchise and judiciary. All these reports were received during this year. When the first draft of the report was ready, a number of legal points arose as the result of the expert legal examination of the draft. The Talimat-i-Islamia Board also made certain further observations. The Committee sat in the month of November to take into consideration the various memoranda. For these reasons it was not possible to present the report on the 22nd November as I explained on that date.
The delay in the presentation of this report has been criticized in certain quarters. It should, however, be remembered that the office was to receive suggestions from the public up to an extended date. After that all these suggestions had to be tabulated, printed and circulated to the members who needed time to examine them, and if you read the Introduction of the report you will find that the various committees met at regular intervals and there was no undue delay in their deliberations. It is quite true that the committees could not sit continuously but that was not possible since their personnel necessarily included a number of central and provincial ministers who otherwise as well had heavy duties to perform. We should also remember that the Objectives Resolution laid certain heavy responsibilities upon us in so far as the principles enunciated by Islam had to be interpreted in terms of the democratic constitutional practice of the 20" century. Such a course needed careful thinking, discussion and deliberation so that we could bring about a synthesis not only of the fundamental teaching of our faith and the requirements of progressive democracy but also of the requirements of the 20th century and the best elements in our own tradition and history. This, you would recognize. Sir, was a delicate and grave responsibility and when the country reads the recommendations of the Committee, I have not least doubt, it will agree with me that the Committee have discharged this great and historic responsibility in a most admirable manner.
The Objectives Resolution which truly embodies our political faith and aspirations has been the guiding light in the deliberations of the Committee. The late Shahid-i-Millat in proposing the adoption of that Resolution compared it, in his historic pronouncement, to the first streak of light in which we saluted the dawn of glorious day. Permit me to compare this report as the first golden ray of the sun which illumines the sky. Herein are presented for the acceptance of this Assembly the basic principles on which we think that our constitution should be based. The constitution of a country is the mould through which its political energy shapes itself into creative effort; it is true that the mould by itself cannot provide the spirit, but it is equally true that the spirit finds it easier to achieve its destiny if the channels for its working are properly defined. I am presenting this report with the faith that the recommendations of the Committee do achieve that object. In my opinion they correspond not only to our aspirations but also to our needs and our genius.
I do not expect that there will be no criticism of these suggestions. It is easier to achieve unanimity on the objectives than on the recommendations for their implementation. If you look at the records of the Assembly, you would find that the Objectives Resolution also was criticized; but when its scope and significance were explained to the people it received remarkable unanimity of support. A constitution may implement the objectives which embody the aspirations of a nation and yet it may not receive unanimous support, because a constitution is only an imperfect method of fulfilling the aspirations which must necessarily be too sublime for easy attainment. It is easier to agree upon the ultimate goal than upon the various means and ways of reaching it. But I have not the least doubt that these recommendations will receive the maximum support which any recommendations could achieve in this country. There may be disagreement on certain points. Some of these differences may be smoothed out as the result of our deliberations, others may be more fundamental, but I do think that it would have been difficult to produce a report which would have been more acceptable to the vast majority of our people.
You would perhaps like me to explain some of the more outstanding recommendations. I will first of all take up those provisions which, if adopted, would make our country an Islamic democracy. The teachings of Islam have been the guiding principles in formulating these recommendations at every stage and not one of our recommendations would be found to transgress the limits laid down by the Quran and the Sunnah. I would draw the attention of the House to the important recommendation regarding the prevention of any legislation coming into conflict with the teachings of Islam. You would notice that machinery has been created to ensure that no legislation under the new constitution should be repugnant to the dictates of the Quran and the Sunna. A Board consisting of persons learned and well versed in Islamic law will be available to the Head of the State for consultation in cases where objection is raised to a bill or a portion thereof in the Legislature on the ground that it is repugnant to the Quran and the Sunnah. In case the Board unanimously supports the objection, the Head of the State has been empowered to refer the bill back to the Legislature for reconsideration. The final decision will not only require a majority of the Legislature; it will also need the support of the majority of the Muslim members, because the decision in such case will involve an interpretation of the Quran and the Sunnah.
The possibilities of a wrong decision on account of ignorance having thus been eliminated, the only doubt that may arise in the mind can be that the majority of the Muslim legislators themselves may be hostile to the teachings of Islam. Such a contingency, in my opinion, cannot arise, but, if God forbid, this country can return at any stage of its history a majority of Muslim members who, not out of ignorance but deliberately in open revolt against Islam, legislate un-Islamic laws, then no constitutional safeguards can save the country from deviation from the Islamic faith. Indeed Islam can thrive in this country only so long as the people are sincerely Muslim. If at any time the majority of Muslim legislators betray the interests of Islam, they should lose the confidence of their constituencies which in accordance with our recommendations will consist of Muslims alone. We were bound in this regard by the Objectives Resolution which emphasizes that “the State shall exercise its powers and authority through the chosen representatives of the people". This resolution, as I have already said, received unanimous support not only of the country but also of eminent Ulema like the late Maulana Shabbir Ahmed Usmani, who was one of its authors. This principle of the authority of the people we had to safeguard by vesting their representatives in the Legislature with final authority.
In this way the recommendations provide for building up a truly Islamic democracy conscious of its great mission of interpreting the progressive nature of Islam to the modern world unhampered in its work by short-sighted narrow mindedness or reaction masquerading in the garb of religion. The interests of true religion have been properly safeguarded, and religion has itself been given the fullest scope for its beneficent activities.
Another important recommendation is that the Head of the State will be elected, and it has been laid down that he must be a Muslim. This is in keeping with Islamic usage. It is no less democratic. It may be said that in a country where the entire population is not Muslim, it is not proper to lay it down that the Head of the State must belong to a particular religion. Such criticism would be merely superficial. If we look at the law and the practice of some of the foremost democracies of the world, we find that the provision which the report recommends is by no means extraordinary. In a democracy like the United Kingdom the monarch must not only be a Christian but he should also belong to the Church of England. This is because the British monarch is also the Head of the British Church. In the United States of America I am not aware of anyone having been elected President who was not a Protestant. I do not know if anyone who does not profess the more popular faith can ever be elected President in that great democracy. I have mentioned only two of the leading democracies of the world. Outside the democratic world no one who does not belong to the Communist Party in the Union of Soviet Socialist Republics possesses the franchise; the possibility of being elected to an Office is, of course, beyond imagination. Therefore, if we say that the Head of the State of Pakistan can be only a Muslim, we cannot be accused of any departure from recognized democratic practice.
There are other elements in these recommendations which in the long run may perhaps prove to be even more potent than any specific machinery which a constitution can provide. I would refer you to the directive principles of the State policy wherein are enshrined, along with the Objectives Resolution, the ideals which the State of Pakistan should pursue as well as some of the more immediate objectives which should form part of its policy. Herein you will find the enumeration of such principles as in the opinion of the members of the Committee would be conducive to the maintenance of the Islamic nature of our State and its progressive growth into a truly Islamic democracy, in which the Muslims will be enabled to order their individual and collective lives in accordance with the Quran and the Sunna and the non-Muslims will find all their rights and interests fully safeguarded and secured.
I would in particular draw your attention to the provision that facilities should be provided for the Muslims to understand what life in accordance with the Holy Quran and the Sunna means and that the teaching of the Holy Quran to the Muslims should be made compulsory. I want to make it clear in this connection that the interpretation of the Holy Quran and the Sunna by one sect shall not be imposed upon another and that endeavor will be made to organize this education in a way that it not only does not militate against the beliefs and the traditions of any particular sect but that its own views in these matters are given the fullest recognition. I am not unaware of the feeling in certain sections that some aspects of Muslims personal law, for instance the injunctions regarding divorce, should be enforced and adjudicated upon by specially constituted courts. I would explain that this is not a constitutional matter and can be properly dealt with by legislation. I understand that this question is already being examined by the Law Commission which was appointed to make recommendations for bringing the existing laws in conformity with the Objectives Resolution.
In accordance with the mandate of the Objectives Resolution the report recommends a federal form of government. In its proposals the autonomy of the provinces has been fully respected without weakening the federation. This, in our opinion, will give all the opportunity that the people of a province may need to attain their full stature as participants in the fuller life of the country. One of the problems was to bring about a constitutional balance of power as well as responsibility between the two wings of Pakistan. This report seeks to achieve by providing parity of representation in the two houses of the legislature in the federal government. This, in our opinion, will bring about a happy interdependence between the two wings and will foster the growth of the feelings of unity. The representation of the various provinces in the Central legislature has been so arranged as to give weight age to the smaller provinces for creating confidence and trust. I hope that all the units will realize the importance and the fairness of such an adjustment.
The other important features of the report are recommendations regarding the conduct of elections, the stability of the permanent services and the independence of the Public Service Commissions. You would find that every care has been taken to make the elections impartial and to provide for a fair adjudication of any complaints that might arise. Similarly effort has been made to make provision for the stability of the services whose rights and privileges will be duly safeguarded and victimization of honest public servants for political reasons will not be possible. Similarly at the Centre and in the Provinces the institution of fully independent Public Service Commission's has been recommended and care has been taken that the Commissions should be free from any political or executive pressure. The report provides for the absolute independence of the judiciary and for the ultimate separation of the judiciary from the executive. The recommendations to ensure the independence of the judiciary are not only positive but also uncompromising. The supremacy of law has been established; no one can claim exemption or privilege in this regard. If the recommendations of the report are accepted in their essence by the Constituent Assembly, the executive shall be fettered on the one hand by the control of Parliament and on the other by the supervision exercised by an independent judiciary. It may be argued that the executive should have been more powerful but in our opinion that would not have been fully democratic.
I now come to the structure of the Government. Both in the Provinces and at the Centre the executive will be responsible to popular Houses and will be liable to dismissal on their withdrawal of confidence. The Provinces will have unicameral legislatures; at the Centre there will be two Houses. The House of the People, however, will have all the real authority. The second House will enjoy only the privilege of recommending revision in hasty legislation. As I have said before, the Central Ministry will be responsible only to the House of the People and all money bills will originate there. The Provincial legislatures and the House of the People at the Centre will be elected by universal adult franchise. There is no reservation of seats for any special interests, nor has any weight age been provided to any class either by nomination or by the creation of special constituencies. The rights and privileges of the minorities form part of the report of another committee and need not be mentioned here; but in the matter of their representation, the Basic Principles Committee, being solicitous of their welfare, thought that their best political safeguard would be that they should elect their own representatives to the various legislatures without any outside interference. Ultimately all power will west in the popular Houses elected on the basis of universal adult franchise. I may add with a feeling of genuine pride that the recommendations of the Basic Principles Committee envisage a constitution which is fully democratic, even more democratic than the constitutions of many an old democracy. The will of the people under the proposed constitution will know no fetters except those which it may itself accept in the form of its faith and its ideals. I pray to God that great power may be exercised beneficently and wisely in accordance with the highest ideals and the best interests of the country; the recommendation of such a constitution is an act of faith in the wisdom of our people which at present may not seem justified because of the lack of political maturity among our masses but which, let us hope, will be the harbinger of that political experience which alone can tutor a nation in the ways and means of exercising democratic authority. We have made these recommendations because we believe and trust that God in His great wisdom will guide our people at every step and lead them to their goal of happiness, prosperity and service to Islam and humanity. If we keep the ideals inculcated by our faith constantly before ourselves, I have not the least doubt that our efforts will be rewarded.
A constitution should not be judged from any preconceived notions based upon school-book maxims of political science; it should be judged from the point of view of the achievement of maximum compromise between the different sections of the nation. Judged purely as a political document as well, this report will not be found wanting, but as the Embodiment of major agreement between the different sections of our nation, this report should be welcomed as a remarkable achievement. It sets out the principles of a democratic Islamic constitution safeguarding the interests on non-Muslim minorities; the proposed constitution will create a closely integrated federation with autonomy to the Provinces; it will confer for the first time the fullest political power upon millions of our citizens and vest the highest authority, in their directly elected representatives. It will embody principles of social justice and economic freedom; it will ensure the inculcation of righteous living and the maintenance of moral standards; it will abolish all forms of coercion and privilege. In short it will remove all fetters which had put into shackles our nation and stunted its growth; it will be for the nation, after the promulgation of the constitution, to use the liberties so gained and freedom so unfettered for positive good and progress. The destiny of the nation will be in the hands of the people; they will have only to use their great powers with wisdom and for sight to build up a-future worthy of their great past.
With these words, Sir, I commend this report to this House.