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Report of the Basic Principles Committee
TO
THE CONSTITUENT ASSEMBLY OF PAKISTAN,
KARACHI.
The Basic Principles Committee was appointed by a resolution of the Constituent Assembly, dated 12th March, 1949, to report, in accordance with the Objectives Resolution, on the main principles on which the future Constitution of Pakistan should be framed. The text of the Resolution is given in Annexure I of the Report.
The Committee has authorized me to present this report to the Assembly under Rules 72(1) of the Constituent Assembly Rules of Procedure.
REPORT
The Basic Principles Committee, of which we the signatories of this Report are members, was constituted by the Constituent Assembly of Pakistan by a resolution, dated 12th March, 1949. The Committee was charged with the task of recommending the principle on which the future Constitution of Pakistan should be based. These principles have been settled after considerable discussion and are now being submitted to the Constituent Assembly in the form of recommendations.
The Committee was empowered to co-opt not more than ten other members. In pursuance of this authority the Chief Ministers of East Bengal, Sind and N.W.F.P. and the Hon'ble Mr. Justice Abdur Rashid, Chief Justice of Pakistan, were co-opted as members. The Chief Minister of the Punjab was already a member of the Committee.
A little before the conclusion of the deliberations of the Committee Mr. M. A. Khuhro, who was an ex-officio member of the Committee, ceased to be Chief Minister of Sind and for that reason he ceased to be a member of the Committee. As it became necessary to have a representative from Sind the Committee decided on 12th May, 1952, to co-opt in his place the Legal Remembrance of the Sind Government.
For the purpose of facilitating the progress of its work the Committee appointed a Steering Committee to report on the scope, functions and procedure of the Committee and in pursuance of the report of the Steering Committee the following three Sub-Committees were appointed to make recommendations to the main Committee on the subjects assigned to them, viz.:— (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 Talimat-i-Islamia to advice the Committee on matters arising out of the Objectives Resolution and on such other matters as might be referred to it by the Basic Principles Committee or by any other Committee or SubCommittees.
The Federal and Provincial Constitutions and Distribution of Powers Sub-committee submitted its report on the 11th July, 1950, and the Basic Principles Committee considered this Report at its meetings held on 5th, 9th, 10th and 11th August, 1950. The Interim Report of the Basic Principles Committee was presented to the Constituent Assembly on the 28th September, 1950. In accordance with a Resolution of the Constituent Assembly, dated the 21st November, 1950, the Interim Report was published for inviting suggestions from the public. The text of the Resolution is given in Annexure II. These suggestions were to be received in the Secretariat of the Constituent Assembly by 31st January, 1951. As the number of suggestions received was enormous the Basic Principles Committee appointed a Sub-Committee on the 13th April, 1951, to examine these suggestions. This Sub-Committee after necessary examination of the suggestions submitted its report to the Basic Principles Committee on the 8th July, 1952. This report was considered by the Committee at its meetings held from 1st to 9th August, 1952.
The Judiciary Sub-Committee submitted its report to the Basic Principles Committee on the 24th April, 1952, and the Committee considered this report during its meetings held from the 12th to the 16th May, 1952, and again on 1st to 9th August, 1952.
The Report of the Franchise Sub-Committee was submitted to the Basic Principles Committee on the 17th May, 1952, and was considered by it at its meetings held from 1st to.9th August, 1952.
The recommendations annexed to the Report are the basis on which, in our opinion, the future Constitution of Pakistan should be drafted. There are certain matters which are still outstanding, such as financial allocation between the Centre and the Units, nomenclature and the position of the acceding States in the new set-up. A special SubCommittee has been appointed under the chairmanship of the Honorable Khwaja Nazimuddin to report on matters relating to the position of acceding States in the future Constitution.
A Supplementary Report on financial provisions and on such other matters as may be found to be outstanding will be submitted to the House when decision on these matters will be reached.
We regret that it was not so destined that this Report should appear under the signature of all those members who were originally appointed on this Committee. Three of our members, the late Quaid-i-Millat Mr. Liaquat Ali Khan, Maulana Shabbir Ahmad Usmani and Shaikh Karamat Ali, whose contribution to the deliberations of the Committee were of inestimable value, were snatched away from us by the hand of Death. Maulana Mohammad Abdullah-el Baqui who remained associated with the Committee up to its final stages died only a few weeks before he could have appended his signature to the Report.
ΤΑΜΙΖUΙΟΙΟΙΝ ΚΗΑΝ
KH. NAZIMUDDIN
SRIS CHANDRA CHATTOPADHYAYA
FAZLUR RAHMAN
A. R. NISHTAR
ABDUS SATTAR PIRZADA
ABDUL RASHID
M. IFTIKHARUDDIN
I. R. QURESHI
PREM HARIBARMA
MAHOMED HANIF
ABDUL QAIYUM
JAFFAR SHAH
SHAUKAT ALI MALIK
GHYASUDDIN PATHAN
K. SHAHABUDDIN
MAHMUD HUSAIN
SYED KHALIL-UR-REHMAN
KAMINI KUMAR DUTIA
MOHAMMUD AKRUM KHAN
MUMTAZ DAULTANA
S. ALI HUSSAIN GARDEZI
J. A. SHAH NAWAZ
NURUL AMIN
RECOMMENDATIONS
* * * * *
PART III
ΤΗΕ FΕDΕRΑΤΙΟΝ
CHΑΡΤΕR Ι
The Executive
The Head of the State
12. The Head of the Slate- (1) There should be a head of the State.
(2) The executive power of the Federation should vest in the Head of the State to be exercised by him in accordance with Constitution and the law.
(3) Except in cases where it is provided that the Head of the State should act in his discretion, the Head of the State, when he is to act under the Constitution, should act, unless the context otherwise requires, on the advice of his Minister or Ministers.13. Election of the Head of the state. -(1) The Head of the State should be a Muslim and should be elected at a joint sitting of both the Houses of the Federal Legislature.
(2) A member of the Legislature, if elected as Head of the State, should cease to be such member.
14. Rules for the election of the Head of the State-(I) The Federal Legislature should at a joint sitting frame rules for the election of the Head of the State and until rules are so framed the first election of the Head of the State should be conducted in accordance with the rules framed by the Governor-General of Pakistan.
(2) The election of the Head of the State should not be called in question in any court of law.*
15.Qualification for election of Head of the State.- (1) No person should be eligible for election as Head of the State unless he-
(a) is a citizen of Pakistan;
(b) has attained the age of forty years; and
(c) is qualified for election as a member of the House of the People.
(2) A person should not be eligible for election as Head of the State if he holds any office of profit under the Federal Government, or the Government of a Unit, or under any local or other authority subject to the control of any of the said Governments.
Explanation-For the purpose of this paragraph a person should not be deemed to hold any office of profit by the reason only that he is the Head of the State or the Head of a Unit, or is a Minister of the Federal Government or of the Government of a Unit.
16. 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, incapacity or otherwise, the term of office of the new Head of the State should be five years.
17. Eligibility for re-election. -No person should be allowed to hold the office of the Head of the State; consecutively for more than two full terms.
18. Casual vacancy in the office of the Head of the State. -(1) In the event of the occurrence of any casual vacancy in the office of the Head of the State, one of the following persons, if otherwise qualified for election as Head of the State, should act as Head of the State until such time as he resumes office or a new Head of the State is elected (i) The Chairman of the House of Units;
(ii) The Chairman of the House of the People;
(iii) The Head of a Unit present in Pakistan in order of seniority from the date of appointment.
(2) As long as the Chairman of the House of Units acts as the Head of the State, he should not act as the Chairman 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 his office in the House of Units. The same rule should apply mutatis mutandis to the Chairman of the House of the People and to the Head of the Unit, if either of them has to act as Head of the State.
19. Oath by the Head of the State.-The Head of the State should be required to take the following Oath.
"I________, do swear in the name of God that I will faithfully discharge the duties of the office of the Head of the State of Pakistan according to law, that I will preserve, protect and defend the Constitution, that I will do right to all manner of people according to laws and usages of Pakistan without fear or favor, affection or ill-will and that, in my public and personal life, I will endeavor to fulfill the obligations and duties enjoined by the Holy Quran and the Sunnah."
20. Powers of the Head of the State in certain contingencies. -The Federal Legislature should be entitled to make provision for the discharge of the functions of the Head of the State in certain contingencies not provided for in the Constitution, and enactment of any of law by the Federal Legislature for this purpose should not be deemed to be an amendment of the Constitution.
21. Supreme Command of the Armed Forces. -The supreme command of the Armed Forces should vest in the Head of the State.
22. Appointment of Supreme Commander, Commanders-in-Chief and Officers of the Armed Forces. -The Supreme Commander, if any, of the Armed Forces, the Commander-in-Chief of each of (he three Armed Forces, and officers in the Armed Forces should be appointed by the Head of the State.
23. 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 throughout Pakistan where the exercise of this power is not forbidden by the Holy Quran and the Sunnah.
(2) Appointment of the Election Commission and Election Tribunals.
24. Salary and Allowance of the Head of the State: -(1) Suitable provision should be made by Act of the Federal Legislature for fixing the pay and allowances of the Head of the State according to the status and dignity of the Office, and until a provision in that behalf is so made by the Federal Legislature, the Head of the State should be entitled to such pay, allowances and privileges as were payable to and enjoyable by the Governor-General of Pakistan immediately before the commencement of the Constitution: provided that these should not be varied to the disadvantage of an incumbent during his term of office.
(2) A reasonable sum in the form of pension or allowance may be allowed to the Head of the State for life after his retirement. This allowance or pension should be suspended while he is holding any office of profit under the Government.
(3) 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.
25. Removal of the Head of the State. -(1) The Federal Legislature should be entitled to remove the Head of the State from his office provided a requisition to that effect is received from a majority of the members of either House and a resolution is passed at a joint sitting of both the Houses of the Federal Legislature, by a majority of not less than two-thirds of the total strength of the two Houses.
(2) A month's notice should be necessary or moving a motion for the removal of the Head of the State.
26. Extent of the executive authority of Federal Government. -Subject to the provisions of the Constitution, the executive authority of the Federation should extend
(a) to the matters with respect to which the federal legislature has power to make laws;
(b) to the exercise of such rights, authority and jurisdiction as are exercisable by the Federal Government by virtue of any treaty or agreement:
Provided that the executive power referred to a sub-paragraph (a) should not, save as expressly provided in the Constitution or in any law made by the Federal Legislature, extend in any Unit or Federated State to matters with respect to which the Legislature of the Unit or of the Federated State has power to make laws.
Council of Ministers
27. Council of Ministers to aid and advise the Head of the State.:—(1) There should be a Council of Ministers, with the Prime Minister at the head, to aid and advise the Head of the State in the exercise of his functions, except on those cases where he is empowered to act in his discretion.
(2) The question whether any, and if so what, advice has been tendered by Ministers to the Head of the State should not be enquired into in any court.
28. Other provisions as to Ministers. -(1) The Prime Minister should be appointed by the Head of the State and other Ministers, including Ministers of State, Deputy Ministers and Parliamentary Secretaries, should be appointed by the Head of the State on the advice of the Prime Minister. (2)The Prime Minister who, for a period of six consecutive months, is not a member of the House of the People should at the expiration of that period cease to be the Prime Minister.
(3) Provision should be made for appointing as 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.
(4) Ministers of State. Deputy Ministers and Parliamentary Secretaries should not be members of the Council of Minister.
(5) The Ministers, including Ministers of State. Deputy Ministers and Parliamentary Secretaries should hold office during the pleasure of the Head of the State.
29. Salaries and allowances of Ministers, etc.-The salaries and allowances of Ministers. Ministers of State, Deputy Ministers and Parliamentary Secretaries should be such as the Federal Legislature may from time to time by Act determine, and until the Federal Legislature so determines, should be the same as were payable immediately before the commencement of the Constitution: provided that these should not be varied to the disadvantage of an incumbent during his term of office.
30.Joint responsibility.-The Council of Ministers should be collectively responsible to the House of the People only."
31. Oath of Ministers.-The Ministers should be required to take oaths of allegiance, office and secrecy.
Provided that in the case of a Muslim Minister the oath of office should include an affirmation to the effect that both in his personal and public life he will endeavor to fulfill the obligation enjoined by the Holy Quran and the Sunnah.
32. Protection in respect of choosing Ministers. -The action of the Head of the State in appointing or dismissing a Minister should not be called in question in any court of law.
The Advocate-General for Pakistan
33. Advocate-General for Pakistan - (1) There should be an Advocate General for Pakistan to be appointed by the Head of the State. He should be a person qualified to become a Judge of the Supreme Court. There should be no age limit.
(2) The Advocate-General should hold office during the pleasure of the Head of the State and should receive such remuneration as may be determined by Act of the Federal Legislature, and until so determined, such remuneration as was payable immediately before the commencement of the Constitution; provided that it should not be varied to the disadvantage of an incumbent during his term of office. Conduct of Government Business
34. Conduct of business of the Federal Government: -Provision should be made for framing rules by the Head of the State for the conduct of Government business.
35. 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 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 proposals for legislation as he might call for.
CHAPTER II
The Federal Legislature
36. Constitution of the Federal Legislature: -There should be a Federal Legislature consisting of two Houses which will in these Recommendations be called the House of Units and the House of the People.
37. Right of sending messages to the Federal Legislature: - The Head of the State may send messages to either House of the Federal Legislature, whether with respect to a Bill then pending in the Federal Legislature or otherwise, and the House to which any message is so sent should, with all convenient dispatch consider any matter which they are required by the message to take into consideration.
(A) The House of Units
38. Composition of the House of Units: - The House of Units should consist of 120 members who should be elected in the following manner.
(i) The Legislature of East Bengal should elect 60 members according to the principle of proportional representation by means of the single transferable WOtĖ.
(ii) Seats in the House of Units should be allocated to the Capital of the Federation and the Units of West Pakistan as follows:
(iii) In the case of a Unit, having a Legislature, members of the House of Units should be elected by the Legislature of a Unit according to the principle of proportional representation by means of the single transferable vote. (iv) In the case of a Unit, other than the Capital of the Federation, not having Legislature at the time of the commencement of the Constitution, the manner of filling the seats allocated to it should be determined by an Act of the Federal Legislature.
(v) In the case of the Capital of the Federation four members should be elected by an electoral college composed of the elected members of the Karachi Corporation and the members of the House of the People representing the Capital of the Federation.
(vi) In the case of merger of one area with another or re-adjustment of areas, re-distribution of seats should be made in accordance with the provisions of paragraph-39
39. Re-allocation of seats in the House of Units: - Notwithstanding anything in the Constitution, the Federal Legislature may, by law, re-allocate seats in the House of units to the various Units and the Capital of the Federation subject to the following limitations:
(a) that parity between East and West Pakistan should not be a disturbed;
(b) that subject to the provision in paragraph 38 (vi), relating to reallocation on account of merger,
(i) such re-allocation should be done not more than once after each new census and only on the ground of increase or decrease of population,
(ii) such re-allocation should, as far as possible, reflect the then existing ratio of population inter se between the different Units of West Pakistan including the Capital of the Federation, and
(iii) the principle of weight age, namely, the smaller the population the greater the weight age to the Capital of the Federation and the Units of West Pakistan having smaller populations adopted in the allocation of seats shown in paragraph Iron (ii) should be maintained.
40. Qualifications for membership of the House of Units. -A person should not be qualified to be chosen to fill a seat in the House of Units unless he
(i) is a citizen of Pakistan;
(ii) has attained the age of thirty years;
(iii) is able to read and write in some language; and
(iv) is entitled to vote in the choice of a member to fill a seat in the Legislature of the Unit by which he seeks to be elected:
(1) Provided that the provisions of clause (iv) should not apply in the case of a Unit which has no legislature of its own. In that case he must be a voter in a territorial constituency in that unit for the House of the People. (2) Members of the Legislature of a Unit electing members for the House of Units as well as persons who are not members of that Legislature should be equally eligible for election to the house of Units if they are otherwise duly qualified.
41. Vacation of seats by members: -(1) No person should be
(1) a member of both the Houses of the Federal Legislature; or
(ii) a member of the Federal Legislature as well as of the Legislature of a Unit or of a Federated State; or
(iii)a member of the Legislature of a Unit and of a Federated State; or
(iv) a member of the Legislature of two or more Units.
(2) If a person is elected to more than one seat in contravention of the provisions of sub-paragraph (1), he should vacate his seat or seats except one. If he fails to do so within thirty days of his election to the seat to which he has been elected last he should be deemed to have vacated all his seats.
42. Disqualifications for membership of the House of Units: -A person should be disqualified for being chosen as, and for being, a member of the House of Units-.
(a) if he is of unsound mind and stands so declared by a competent court;
(b) if he is an undercharged insolvent;
(c) if he holds an office of profit under the Federal Government or under the Government of a Unit, or under any other Government except an office declared by an Act of the Federal Legislature not to disqualify its holder:
Provided that for this purpose a person should not be deemed to hold an office of profit under the Federal Government or under the Government of a Unit by reason only that he is a Minister, Minister of State, Deputy Minister or a Parliamentary Secretary for the Federal Government, or a Minister or a Deputy Minister or a Parliamentary Secretary for the Government of a Unit.
(d) if he has been found guilty, by a competent court in Pakistan, of any offence or illegal practice relating to elections which has been declared by any law or rules, for the time being in force, to be an offence or practice entailing disqualification for membership of the Legislature;
(e) if he has been convicted of any offence, other than those specified under sub- paragraph (d) above, before or after the commencement of the Constitution, by a competent court in Pakistan and sentenced to life imprisonment or to imprisonment for not less than two years, unless a period of five years has elapsed since his release;
(f) if, having been nominated as a candidate for the Federal Legislature of the Legislature of a Unit or having acted as an election agent of any person so nominated, he has failed to lodge a return of election expenses within the time and in the manner required by any rules or orders for the time being in force or by a law of any legislative authority in Pakistan, unless five years have elapsed from the date by which the return ought to have been lodged or the Head of the State has removed the disqualification:
Provided that a disqualification under this sub-paragraph should no take effect until the expiration of one month from the date by which the return ought to have been lodged or such longer period as the Head of the State may in any particular case allow;
(g) if he has been dismissed for misconduct from service or from a post in connection with the affairs of the Federation or of a Unit unless at period of five years or such less period as the Head of the State may allow in any particular case, has elapsed since his dismissal;
(h) if he is not a citizen of Pakistan or having been a citizen of Pakistan has voluntarily acquired the citizenship of, or owes allegiance to. or is under any acknowledgment of allegiance or adherence to, a foreign State.
(B) The House of the People
43. Composition of the House of the People: (i) The House of the People should consist of 400 members of whom 200 should be directly elected by voters in East Bengal from single member territorial constituencies, and 200 should be elected in like manner by voters in the Units and other areas of West Pakistan including the Capital of the Federation: provided that the total number of members so elected should be as follows:
Punjab 90
Sind 30
N.W.F.P. 25
Tribal Areas 17
Bahawalpur 13
Baluchistan 05
Baluchistan States 05
Khairpur State 04
Capital of the Federation 11
Total 200
(ii) The single-member territorial constituencies should be drawn in such a manner as to ensure that within a Unit or the Capital of the Federation all the constituencies of a particular community have, as far as possible, equal number of voters.
(iii) For the purpose of ensuring uniform representation in the House of the People, the areas of all the constituencies should be re-adjusted after every new census by such authority and in such manner as the Federal Legislature may by law determine, subject to the provisions of sub-paragraph (1) relating to parity and the total strength of the House.
(iv) In the case of merger of one area with another or re-adjustment of areas, re- allocation of seats should be made in accordance with the provisions of paragraph 45. 44. Representation of Kashmir and Junagadh.- The representation of Kashmir and Junagadh in the House of the People and the House of Units should be determined by the Federal Legislature by law, but not so as to affect the parity between the East and West Pakistan in either House.
45. Re-allocation of seats in the House of the People:— Notwithstanding anything in the Constitution the Federal Legislature may by law, re-allocate seats in the House of the People to the various Units and the Capital of the Federation subject to the following limitations:
(a) that parity between East and West Pakistan should not be disturbed;.
(b) that subject to the provision in paragraph 43 (vi) relating to re-allocation on account of merger-
(i) such re-allocation should be done not more than once after
- each new census and only on the ground of increase or decrease of population,
(ii) such re-allocation should, as far as possible, reflect the
- then existing ratio of population inter se between the different Units of West Pakistan including the Capital of the Federation, and
(iii) the principle of weight age, namely, the smaller the
- population the greater the weight age to the Capital of the Federation and the Units of West Pakistan having smaller populations adopted in the allocation of seats shown in paragraph 43(i) should be maintained.
46. Allocation of seats to communities:— Seats should be allocated to communities in the House of the People, in accordance with the table appearing in Schedule II of these Recommendations/
47. Qualifications for membership of the House of the People:— A person should not be qualified to be chosen to fill a seat in the House of the People unless he-
(i) is a citizen of Pakistan:
(ii) has attained the age of twenty-five years:
(iii) is able to read and write in some language; and
(iv) is entitled to vote in the choice of a member to
- fill Legislature of the Unit from where he seeks election:
Provided that the provision of clause (iv) should not apply in that case of a Unit which has no legislature of its own. In that case he must be a voter in a territorial constituency in that Unit for the House of the People.
48. Disqualification for membership of the House of the People:— A person should be disqualified for being chosen as, and for being a member of the House of People.
- (a) if he is of unsound mind and stands so declared by a competent court:
- (b) if he is an undercharged insolvent;
- (c) if he holds an office of profit under the Federal Government or under the Government of a Unit, or under any other Government except an office declared by act of the Federal Legislature not to disqualify its holder:
Provided that for this purpose a person should not be deemed to hold an office of profit under the Federal Government or under the Government of a Unit by reason only that he is a Minister, Minister of State, Deputy Minister or a Parliamentary Secretary for the Federal Government or a Minister or a Deputy Minister or a Parliamentary Secretary for the Government of a Unit;
(d) if he has been found guilty, by a competent court in
- Pakistan, of any offence or illegal practice relating to elections which has been declared by any law or rules for the time being in force to be an offence or practice entailing disqualification for membership of the Legislature;
(e) if he has been convicted of any offence other than those
- specified under sub- paragraph (d) above, before or after the commencement of the Constitution, by a competent Court in Pakistan and sentenced to life imprisonment or to imprisonment for not less than two years, unless a period of five years has elapsed since his released;
(0 if having been nominated as a candidate for the Federal
- Legislature or the Legislature of a Unit or having acted as an election agent of any person so nominated, he has failed to lodge a reurn of election expenses within the time and in the manner required by any rules or orders for the time being in force or by a law of any legislative authority in Pakistan, unless five years have elapsed from the date by which the return ought to have been lodged, or the Head of the State has removed the disqualification:
Provided that a disqualification under this sub-paragraph should not take effect until the expiration of one month from the date by which the return ought to have been lodged, or such longer period as the Head of the State may, in any particular case, allow;
(g) if he has been dismissed for misconduct from service or from
- a post in connection with the affairs of the Federation, or a Unit, unless a period of five years or such less period as the Head of the State may allow in any particular case, has elapsed since his dismissal;
(h) if he is not a citizen of Pakistan or having been a citizen
- of Pakistan has voluntarily acquired the citizenship of, or owes allegiance to, or is under any acknowledgement of allegiance or adherence to, a foreign State.
49. (1) Every citizen of Pakistan who has attained the age of twenty-one year should be entitled to vote at elections to the House of the People:
Provided that he should be entitled to vote only in the constituency in the electoral roll of which his name is for the time being included. (2) A person should not be qualified to be included in the electoral roll of any constituency unless he has a place of residence in that constituency.
In the sub-paragraph “a place of residence" means a place where a person ordinarily resides during the greater part of the year:
Provided that in the case of persons holding parliamentary offices such as Ministers, Ministers of State, Deputy Ministers and Parliamentary Secretaries for the federal Government and Ministers, Deputy Ministers and Parliamentary Secretaries for the Government of the Unit, and Chairman and Deputy Chairman of the Houses of the Federal Legislature and the Legislature of the Unit, the non-fulfillment of the condition relating to residence should not have a disqualifying effect:
Provided further that a person who holds a public office or is employed in connection with the affairs of a Unit or the Federation or is a member of the defense services and who in the discharge of his official duty or on account of such employment or membership is absent from the place of ordinary residence should be deemed to be resident in the constituency in which he would have been qualified to vote immediately before the commencement of his absence:
Provided further that where a person becomes qualified to be entered on the electoral roll of a constituency under the proviso immediately preceding, his wife should also be deemed to have become so qualified if she is otherwise qualified.
(3) No person should vote at a general election in more than one territorial constituency and provision should be made for the purpose of preventing persons from being included in the electoral roll for more than one territorial constituency.
(4) Even if the name of a person appears on the rolls of more than one constituency he should exercise his right of vote only in one constituency.
(5) If a person votes in more than one constituency in contravention of this paragraph, his votes in each of the constituencies should be void.
(6) Notwithstanding anything in the foregoing provisions, separate electoral rolls should be maintained for Muslims as well as for every minority community for whom seats have been reserved and no person who does not belong to the community for which the electoral roll purports to be, should be included in that electoral roll/
50. Disqualifications for franchise- No person should be included in the electoral roll for, or vote at any election in, any constituency-
(a) if he is of unsound mind and stands so declared by a competent Court;
(b) if he is an undercharged insolvent;
(c) if he has been found guilty by a competent Court in Pakistan of any offence or illegal practice relating to elections which has been declared by any law or rules for the time being in force to be an offence or practice entailing disfranchisement; (d) if he has been convicted of any offence other than those specified
- under sub- paragraph (c) above before on after the commencement of the Constitution by a competent court in Pakistan and sentenced to life imprisonment or to imprisonment for not less than two years, unless a period of five years has elapsed since his release.
51. Decision on questions as to disqualification of members. If any question arises as to whether a member of either House of the Federal Legislature has become subject to any of the disqualifications mentioned in paragraphs 42 and 48, the Chairman of the House concerned should obtain the opinion of the Election Commission and should act in accordance with such opinion.
52. Penalty for sitting and voting by persons not qualified or when disqualified- If a person sits or votes as a member of either House of the Federal Legislature, before he has taken the prescribed oath, or when he knows that he is not qualified or is disqualified for membership thereof, or when he is prohibited from so doing by the provision of any law made by the Federal Legislature, he should be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the Federal Government.
53. Absence without leave: -Provision should be made that a member should vacate his seat if he absents himself from the Legislature for sixty consecutive sitting days without leave of the House.
54. Term of the Federal Legislature: The life of either House of the Federal Legislature should be five years, unless sooner dissolved.
55. Summoning of the Houses of the Federal Legislature: (1) The Legislature should be summoned by the Head of the State.
(2) Not less than two sessions should be held every year, and not more than six months should elapse between the last day of one session and the first day of the next.
(3) The Legislature should be summoned within three months from the date of the appointment of the Prime Minister.
56. Summoning of joint session of the Houses of the Federal Legislature: -(1) The Legislature, should be summoned for a joint sitting in the following cases:
(a) conflict between the two Houses of the Federal Legislature;
(b) election and removal of the Head of the State;
(c) framing of rules for joint sittings and for certain Secretariat appointments common to both Houses;
(d) in any other case for which provision has been made in the Constitution.
(2) The power to convene a joint sitting should vest in the Head of the State except in the case of sub-paragraph (1) (b) above, when the authority to summon the Legislature to meet in a joint sitting should vest in the person who is entitled to preside over the joint sittings.
57. Prorogation of the Federal Legislature:— The Federal Legislature should he prorogued by an order of the Head of the State.
58. Dissolution of the Federal Legislature.- (1) Authority to dissolve the House of the People should vest in the Head of the State.
(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 House of the People can be formed, the Head of the State should be authorized to dissolve the House of the people in exercise of his discretion and hold fresh elections.
59. Powers of the two Houses inter se and provision for conflict:—In all matters, other than the Budget, Money Bills and motions of confidence or no-confidence, the two Houses of the Federal Legislature should have equal powers, and in case of conflict on any question, a joint sitting of both the Houses should be called for taking a decision.
60. Right of Ministers and Advocate-General as respects the Federal Legis- lature:— (1) The Ministers including Ministers of State. Deputy Ministers and Parliamentary Secretaries should have the right to address either House of the Legislature even though they may not be members of that House. A Minister including a Minister of State, a Deputy Minister and a Parliamentary Secretary should not vote in the House of which he is not a member.
(2) The Advocate-General should have no right of vote in either House, but he should be entitled to address either House or a joint sitting of the two Houses of the Federal Legislature.
61. The Chairman and the Deputy Chairman of the Federal Legislature:— (1) Each House of the Federal Legislature should have a Chairman and a Deputy Chairman.
(2) Provision should be made regarding the election and removal of the Chairman and the Deputy Chairman on the following lines:
- (a) Each House of the Federal 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.
- (b) A member holding office as Chairman or Deputy Chairman of any of the Houses should vacate his office if he ceases to be a 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-paragraph should be moved unless at least fourteen days' notice has been given of the intention to move the resolution.
- (c) 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.
- (d) While acting as Chairman of the House concerned, the Deputy Chairman should exercise similar powers as the Chairman. There should also be provision for the delegation of powers relating to admissibility of questions, resolutions, bills and motions by the Chairman to the Deputy Chairman or to the person who acts as Chairman of the meeting in the absence of the Chairman and the Deputy Chairman.
- (e) In joint sittings the Chairman of the House of Units should preside. In his absence the Chairman of the House of the People should preside and in case both of them are absent, such other person, as may be determined by rules.
62. Salary and allowances of the Chairman and the Deputy Chairman: -There should be paid to the Chairman and the Deputy Chairman of each House of the Federal Legislature such salaries and allowances as may be determined by Act of the Federal Legislature and until provision in that behalf is so made such salaries and allowances were as payable immediately before the commencement of the Constitution to the President and the Deputy President of the Constituent Assembly of Pakistan; provided that these should not be varied to the disadvantage of an incumbent during his term of office.
63. The Chairman and the Deputy Chairman not to preside when a resolution for his removal is under discussion -At any sitting of either House of the Federal Legislature while a resolution for the removal of the Chairman or of the Deputy Chairman from his office is under consideration the Chairman or the Deputy Chairman, as the case may be. should not preside though he is present but he should have the right to speak in of otherwise take part in the proceedings of the House.
64. The Secretariat of the Federal Legislature: (1) The Secretariat of either House of the Federal Legislature should be independent and should be under the House concerned. (2) Nothing in this paragraph should prevent the creation of posts common to both the House of the Federal Legislature.
(3) Recruitment and conditions of service, including punishment of and disciplinary action against the officers and staff of the Secretariat of the Federal Legislature should be at par with the corresponding services of the Federal Government, but the recommendations of the Public Service Commission, instead of going to the Federal Government, should go to the Chairman of the House concerned.
65. The Finance Committee. (1) The Finance Committee of each of the Federal Legislature should scrutinize all the financial proposals relating to the expenditure of that House and thereafter the Budget should be presented to the House.
(2) The Chairman of each House should be the Chairman and the Finance Minister, an ex-officio member of the Finance Committee. The Finance Committee of each House should exercise powers of control and direction in matters relating to finances of that House similar to those as were exercisable by the Standing Finance Committee of the Central Government in relation to the affairs of the Government immediately before the commencement of the Constitution.
(3) Each House of the Federal Legislature should have power to make rules of procedure for the timely completion of business relating to its Budget.
(4) The Finance Committee should frame rules to secure to itself closer contact and effective voice in regulating the finances of the House to which it relates.
66.Oath of Members: failure or refusal to take oath.- (1) A member of the Federal Legislature should be required to take an oath of allegiance to Pakistan. No member should take his seat in either House of the Federal Legislature until he has taken the prescribed oath.
Provided that in the case of a Muslim member the oath should state that he would endeavor to fulfill the duties and obligations enjoined by the Holy Quran and the Sunnah.
(2) Where a member fails to take the oath of allegiance within a period not exceeding six months from the date of the first meeting of the Legislature, or refuses to take the oath, his seat should be declared vacant, provided that before the expiry of the said period the Chairman may on good cause being shown, extend the period.
67. Privileges of (he Federal Legislature and of the Members and Committees thereof:— Provision should be made empowering each House the Federal Legislature to legislate in regard to privileges of the House and its members. Pending such legislation the present position should continue.
68. Salaries and allowances of members.- Members of either House of the Federal Legislature should be entitled to receive such salaries and allowances as may from time to time be determined by Act of the Federal Legislature and until provision in that behalf is so made, such salaries and allowances as were payable immediately before the commencement of the Constitution to the members of the Constituent Assembly of Pakistan; provided that these should not be varied to the disadvantage of the members during their term of membership.
69. Voting and quorum in the House of the Federal Legislature.- (1) Except in cases in which a specific majority is provided, all decisions in each of the Houses of the Federal Legislature should be taken in accordance with the rules framed by the House concerned. The presiding officer of any House of the Federal Legislature should not exercise any vote excepting a casting vote in case of a tie.
(2) The Houses of the Federal Legislature should have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in either House of the Federal Legislature should be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do, sat or voted or otherwise took part in the proceedings.
(3) The quorum for a meeting of each House or for a joint sitting 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.
70. Ordinances by the Head of the State.- The Head of the State should have power to promulgate ordinances during the period when the Legislature is not sitting. An ordinance promulgated under this paragraph should be laid before the Federal Legislature at its next meeting and should cease to operate-at the expiration of six weeks from the re-assembly of the Federal Legislature.
71. Joint sittings of both the Houses.-Rules for joint sittings of the two Houses should be framed at a joint sitting of both the Houses of the Federal Legislative.
72. Assent to:— When a Bill has been passed by the Houses of the Federal Legislature, it should be presented to the Head of the State and the Head of the State should declare within ninety days either that he assents to the Bill or that he withholds assent therefore:
Provided that the Head of the State may, as soon as possible after presentation to him. of a Bill for assent, return the Bill if it is not a Money Bill, to the Houses with a message requesting that the Houses should reconsider the Bill or any specified provisions thereof and, in particular, should consider the desirability of introducing any such amendments as he may recommend in his message, and when a Bill is so returned, the Houses should reconsider the Bill accordingly, and if the Bill is passed again by the Houses with or without amendment and presented to the Head of the State for assent, the Head of the State should not withhold assent therefrom.
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PART IV
THE UNITS
CHAPTER I
THE EXECUTIVE
The Head of the Unit
81. Head of the Units.-There should be a Head of the Unit for each Unit.
82. Executive power of the Unit.- (1) The executive power of the Unit should vest in the Head of the Unit to be exercised by him in accordance with the Constitution and law.
(2) Except in cases where it is provided that the Head of the Unit should act in his discretion, the Head of the Unit when he is to act under the Constitution should act. unless the context otherwise requires, on the advice of his Minister or Ministers.
(3) In so far as the Head of the Unit is required to act in his discretion he should be under the general control of, and comply with such particular directions, if any, as may from time to time be given to him by the Head of the State. But the validity of anything done by the Head of a Unit should not be called in question on the ground that it was done otherwise than in accordance with the provisions of this paragraph.
83. Appointment of the Head of the Unit:— The Head of a Unit should be appointed by the Head of the State. He must be a citizen of Pakistan.
84. Term of office of the Head of the Unit:— The Head of a Unit should hold office during the pleasure of the Head of the State. The term of office of the Head of a Unit should not exceed five years at a time.
85. Salary and allowances of the Head of the Unit.-Suitable provision should be made by Act of the Federal Legislature for fixing the pay and allowances of the Head of a Unit according to the status and dignity of the office and until provision in that behalf is so made, he should be entitled to such pay, allowances and privileges as were payable to the Governor of the Province concerned immediately before the commencement of the Constitution; provided that these should not be varied to the disadvantage of an incumbent during his term of office.
86. The Head of the Unit should he required to take the following oath:
"I.......do swear in the name of God that I will faithfully discharge the duties of the office of (the Head of the Unit) of (.........) according to law, that I will preserve, protect and defend the Constitution, that I will do right to all manner of people according to the laws and usages of Pakistan without fear or favor, affection or ill-will and that in my public and personal life I will endeavor to fulfill the obligations and duties enjoined by the Holy Quran and the Sunnah."
87. Emergency power of the Head of the Unit- The Head of the State should have the power to declare emergency in Pakistan or in a part thereof, and when a declaration of emergency has been made, the Head of the Unit should exercise such powers in the Unit as may be conferred upon him by the Head of the State.
Council of Ministers
88. Council of Ministers to aid and advise the Head of a Unit.- (1) There should be a Council of Ministers, with the Chief Minister at the head, to aid and advise the Head of the Unit in the exercise of his functions except in those cases where he is empowered to act in his discretion.
(2) The question whether any, and if so what, advice was tendered by Ministers to the Head of the Unit should not be enquired into in any courted law.
89. Other provisions as to Ministers.- (1) The Chief Minister should be appointed by the Head of the Unit and the other Ministers including Deputy Ministers and Parliamentary Secretaries should be appointed by the Head of the Unit on the advice of the Chief Minister.
(2) A Minister including a Chief Minister and a Deputy Minister who for any period of six consecutive months is not a member of the Legislature of the Unit Should at the expiration of that period cease to be a Minister.
(3) Deputy Ministers and Parliamentary Secretaries should not be members of the Council of Ministers.
(4) The Ministers including the Deputy Ministers and Parliamentary Secretaries should hold office during the pleasure of the Head of the Unit.
90. Salary and allowances of Ministers, etc:— The salaries and allowances of Ministers, Deputy Ministers and Parliamentary Secretaries should be such as the Legislature of the Unit may from time to time by Act determine, and until the Legislature of the Unit so determines, should be the same as were payable immediately before the commencement of the Constitution; provided that these should not be varied to the disadvantage of an incumbent during his term of office.
91. Oath of Ministers, Oath of allegiance.- The Ministers for the Unit should be required to take oaths of allegiance, office and secrecy: Provided that in the case of a Muslim Minister the oath of office should include an affirmation to the effect that both in this personal and public life, he will endeavor to fulfill the obligations and duties enjoined by the Holy Quran and the Sunnah.
92. Joint responsibility of Ministers to the Unit Legislature:— The Ministers in the Units should be collectively responsible to the Legislatures of the Units.
93. Protection in respect of the act of choosing Ministers:— The action of the Head of the Unit in appointing or dismissing a Minister should not be called in question in any court of law. 94. Extent of the Executive authority of the Government of the Unit- Subject to the provisions of the Constitution the executive authority of the Unit should extend to the matters with respect to which the Legislature of the Unit has power to make laws:
Provided that in any matter with respect to which the Legislature of Unit and also the Federal Legislature have power; to make laws, the executive power of the Unit should be subject to and limited by the executive power expressly conferred by the Constitution or by any law made by the Federal Legislature upon the Federal Government or authorities thereof.
Conduct of Government Business
95. Conduct of Business of the Government of a Unit: - Provision should be made for framing rules by the Head of the Unit for the conduct of Government business in the Unit.
96. Duties of Chief Minister as respects the furnishing of information to the Head of the Unit.- Provision should be made whereby the Head of the Unit should be kept informed of all the decisions of the Council of Ministers and proposals for legislation. The Head of the Units should also be furnished with such information relating to the administration of the affairs of the Unit and proposals for Legislation as he might call for.
The Advocate-General of a Unit
97.The Advocate-General of a Unit:— (1) There should be an Advocate-General of the Unit to be appointed by the Head of the Unit. He should be a person qualified to become a Judge of the High Court. There should be no age limit.
(2) The Advocate-General should hold office during the pleasure of the Head of the Unit and should receive such remuneration as may be determined by an Act of the Legislature of the Unit and until so determined, such remuneration as was payable immediately before the commencement of the Constitution; provided that it should not be varied to the disadvantage of an incumbent during his term of office.
CHAPTER II
The Legislature of a Unit
98. Constitution of the Legislature of a Unit: - (1) For each Unit there should be a unicameral Legislature composed of members chosen by direct election.
(2) The members of the Legislature of a Unit should not be less than 75 and not more than 350.
(3) The Federal Legislature may by law determine.
(i) the total number of seats for the Legislature of a Unit subject to the limits specified above; and (ii) the actual number of seats to be reserved for various communities on the basis of population as far as practicable.
99. Representation in the Unit Legislature: -(1) The members of the Legislature of a Unit, should be elected from single-member territorial constituencies drawn in such a manner as to ensure, as far as possible, equal number of voters in all the constituencies of a particular community.
(2) For the purpose of ensuring uniform representation of all the areas of a Unit the constituencies should be re-adjusted after every new census by such authority and in such manner as the Federal Legislature may by law determine.
(3) If any area which does not at present form part of any Unit is subsequently merged in a Unit, it should be represented in the Legislature of that Unit on the same basis, as regards ratio of the number of seats to the total population, as will be applicable to the other parts of the Unit.
100. Right of sending messages to the Legislature of the Unit: -The Head of the Unit may send messages to the Legislature of the Unit whether with respect to a Bill then pending in the Legislature or otherwise, and the Legislature with all convenient dispatch consider any matter which they are required by the message to take into consideration.
101. Qualifications for membership of the Legislature of a Unit: -A person should not be qualified to be chosen to fill a seat in the Legislature of a Unit unless he-
(i) is a citizen of Pakistan:
(ii) has attained the age of twenty-five years;
(iii) is able to read and write in some language; and
(iv) is qualified to vote in the choice of a member to fill the seat to which he seeks election or another seat of a similar class in the Unit.
102. Disqualifications for membership of the Legislature of a Unit: -A person should be disqualified for being chosen as and for being a member of the Legislature of a Unit-
(a) if he is of unsound mind and stands so declared by a competent court;
(b) if he is an undercharged insolvent;
(c) if he holds an office of profit under the Federal Government under the Government of a Unit, or under any other Government, except an office declared by Act of the Legislature of the Unit not to disqualify its holder;
Provided that for this purpose a person should not be deemed to hold an office of profit under the Federal Government or under the Government of a Unit by reason only that he is a Minister, Minister of State, Deputy Minister or a Parliamentary Secretary for the Federal Government, or a Minister or a Deputy Minister or a Parliamentary Secretary tar the Government of a Unit: (d) if he has been found guilty by a competent court in Pakistan of any offence or illegal practice relating to elections which has been declared by any law or rules for the time being in force to be an offence or practice entailing disqualification for membership of the Legislature;
(e) if he has been convicted of any offence other than those specified under sub- paragraph (d) above, before or after the commencement of the Constitution by a competent court in Pakistan and sentenced to life imprisonment or to imprisonment for not less than two years, unless a period of five years has elapsed since his release;
(f) if, having been nominated as a candidate for the Federal Legislature or Legislature of a Unit or having acted as an election agent of any person so nominated, he has failed to lodge a return of election expenses within the time and in the manner required by any rules or orders for the time being in force or by a law of any legislative authority in Pakistan, unless five years have elapsed from the date by which the return ought to have been lodged or the Head of the Unit has removed the disqualification:
Provided that a disqualification under this sub-paragraph should not take effect until the expiration of one month from the date by which the return; ought to have been lodged, or of such longer period as the Head of the Unit may in any particular case allow;
(g) if he has been dismissed for misconduct from service, or from a post, in connection with the affairs of the Federation or a Unit, unless a period of five years or such less period as the Head of the Unit may allow in any particular case, has elapsed since his dismissal;
(h) if he is not a citizen of Pakistan or having been a citizen of Pakistan has voluntarily acquired the citizenship of, or owes allegiance to, or is under any acknowledgment of allegiance or adherence to, a foreign State.
103. Decision on question as to the disqualification of the Members: If any question arises as to whether a member of the Legislature of a Unit has become subject to any of the disqualifications mentioned in paragraph 102, the Chairman of the Legislature of the Unit should obtain opinion of the Election Commission and should act in accordance with such opinion.
104. Penalty for sitting and voting by persons when not qualified or when disqualified:— If a person sits or voles as a member of the Legislature of a Unit before he has taken the prescribed oath, or when he knows that he is not qualified or is disqualified for membership thereof, or when he is prohibited from so doing by the provision of any law made by the Federal Legislature or the Legislature of the Unit, he should be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the Government of the Unit.
105. Franchise.- (1) Every citizen of Pakistan who has attained the age of twenty- one years should be entitled for vote at elections to the Legislature of a Unit.
Provided that he should be entitled to vote only, in the constituency in the electoral roll of which his name is for the time being included. (2) A person should not be qualified to be included in the electoral roll of a constituency unless he has a place of residence in that constituency.
In this sub-paragraph a “place of residence" should mean a place where a person ordinarily resides during the greater part of the year:
Provided that in the case of persons holding parliamentary offices such as Ministers. Ministers of State, Deputy Ministers, Parliamentary Secretaries for the Federal Government and Ministers, Deputy Ministers and Parliamentary Secretaries for the Government of the Unit and Chairman and Deputy Chairman of the Houses of the Federal Legislature and the Legislature of the Unit the non-fulfillment of the condition relating to residence should not have a disqualifying effect.
Provided further that a person who holds a public office or is employed in connection with the affairs of a Unit or the Federation or is a Member of the defense services and who in the discharge of his official duty or on account of such employment or membership is absent from the place of ordinary residence, should be deemed to be resident in the constituency in which he would have been qualified to vote immediately before the commencement of his absence:
Provided further that where a person becomes qualified to be entered on the electoral roll of a constituency under the provision immediately preceding, his wife should also be deemed to have become so qualified if she is otherwise qualified.
(3) No person should vote at a general election in more than one electoral constituency, and provision should be made for the purpose of preventing persons from being included in the electoral roll for more than one territorial constituency in a Unit.
(4) Even if the name of a person appears on the rolls of more than one constituency he should exercise, his right of vote only in one constituency.
(5) If a person votes in more than one constituency in contravention of this paragraph, his vote in each of the constituencies should be void.
(6) Notwithstanding anything in the foregoing provisions separate electoral rolls should be maintained for Muslims as well as for every minority community for whom seats in a particular Unit have been reserved and no person who does not belong to the community for which the electoral roll purports to be should be included in that electoral roll."
106. Disqualification for franchise: No person should be included in the electoral roll for, or vote at any election in, any constituency-
(a) if he is of unsound mind and stands so declared by a competent court;
(b) if he is an undercharged insolvent;
(c) if he has been found guilty by a competent court in Pakistan of any offence or illegal practice relating to elections which has been declared by any law or rules
- for the time being in force to be an offence or practice entailing disfranchisement;
- (d) if he has been convicted of any offence, other than those specified in sub- paragraph (c) above, before or after the commencement of the Constitution, by a competent court in Pakistan and sentenced to life imprisonment or to imprisonment for not less than two years, unless a period of five years has elapsed since his release.
107. Life of the Legislature of a Unit - The life of the Legislature of a Unit should be five years unless sooner dissolved.
108. Absence without leave - Provision should be made that a person should vacate his seat if he absents himself from the Legislature for sixty consecutive sitting days without leave of the House.
109. Summoning of the Legislature of a Unit.- (1) The Legislature of a Unit should be summoned by the Head of the Unit.
(2) Not less than two sessions should be held every year and not more than six months should elapse between the last day of one session and the first day of the next session.
(3) The Legislature of the Unit should be summoned within three months from the date of appointment of the Chief Minister of the Unit.
110. Prorogation of the Legislature of Unit - The Legislature of a Unit should be prorogued by an order of the Head of the Unit.
111. Dissolution of the Legislature of a Unit:— (1) Authority to dissolve the Legislature of a Unit should vest in the Head of the Unit.
(2) No dissolution should take place on the advice of the caretaker ministry which functions between the date of the dissolution of the Legislature of a Unit 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 of a Unit can be formed, the Head of the Unit should be authorized to dissolve the Legislature of the Unit in his discretion and hold fresh elections.
112. Right of Ministers and the Advocate-General as respects the Legislature of a Unit- The Ministers and the Advocate-General of the Unit should have the right to address the Legislature of a Unit even though they may not be members of the Legislature of the Unit. The Advocate-General should have no right of vote. Any Minister who is not a member of the Legislature of a Unit should also have no right of vote.
113. The Chairman and Deputy Chairman of the Legislature of a Unit-
(1) The Legislature of a Unit should have a Chairman and a Deputy Chairman. (2) Provisions should be made regarding the election and removal of the Chairman and the Deputy Chairman on the following lines:
- (a) The Legislature of each Unit should, as soon as may be, choose two members of the Legislature of the Unit to be, respectively, Chairman, and Deputy Chairman thereof and, so often as the office of the Chairman or Deputy Chairman becomes vacant, the Legislature of the Unit should choose another member to be Chairman or Deputy Chairman, as the case may be.
- (b) A member holding office as Chairman or Deputy Chairman of the Legislature of a Unit should vacate his office if he ceases to be a member of the Legislature of the Unit, and may at any time resign his office by writing under his hand addressed to the Head of the Unit and may be removed from his office by a resolution of the Legislature of the Unit passed by a majority of all the then members of the legislature of the Unit, but no resolution for the purpose of this sub-paragraph should be moved unless at least fourteen days notice has been given of the intention to move the resolution.
- (c) 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 Legislature of the Unit as the Head of the Unit may appoint for the purpose. During the absence of the Chairman from any sitting of the Legislature of the Unit, the Deputy Chairman or, if he is also absent, such person as may be determined by the rules of procedure of the Legislature of the Unit, or if no such person also is present, such other person as may be determined by the Legislature of the Unit, should act as Chairman.
- (d) While acting as Chairman of the Legislature of the Unit, the Deputy Chairman should exercise similar powers as the presiding officer. There should also be provision for the delegation of powers relating to admissibility of questions, resolutions, bills and motions by the Chairman to the Deputy Chairman or to the person who acts as Chairman of the meeting in the absence of the Chairman and the Deputy Chairman.
114. Salary and allowances of the Chairman and the Deputy Chairman - There should be paid to the Chairman and the Deputy Chairman of the Legislature of a Unit such salaries and allowances as may be determined by Act of the Legislature of the Unit, and until provision in that behalf is so made such salaries and allowances as were payable immediately before the commencement of the Constitution to the Speaker and the Deputy Speaker of the Provincial Legislature, provided that these should not be varied to the disadvantage of an incumbent during his term of office.
115. The Chairman and the Deputy Chairman not to preside when a resolution for his removal is under discussion.-At any sitting of the House of the Legislature of a Unit while a resolution for the removal of the Chairman or of the Deputy Chairman from his office is under discussion, the Chairman or the Deputy Chairman, as the case may be, should not preside though he is present; but he should have the right, to speak in or otherwise take part in the proceedings of the House. 116. The Secretariat of the Legislature of a Unit- (1) The Secretariat of the Legislature of a Unit should be independent and should be under the Legislature of the Unit.
(2) Recruitment and conditions of service, including punishment and disciplinary action against the officers and staff of the Secretariat of the Legislature of a Unit, should be at par with the corresponding services of the Government of the Unit, but the recommendations of the Public Service Commission instead of going to the Government of the Unit should go to the Chairman of the Legislature of the Unit.
117. The Finance Committee.- (1) The Finance Committee of the Legislature of a Unit should scrutinize all the financial proposals relating to the expenditure of the Legislature of the Unit and thereafter the Budget should be presented to the Legislature of the Unit.
(2) The Chairman of the Legislature of a Unit should be the Chairman and the Finance Minister of the Unit, an ex-officio member of the Finance Committee. The Finance Committee of the Legislature of the Unit should exercise powers of control and direction on matters relating to the finances of the Legislature of the Unit similar to those as were exercisable by the Standing Finance Committee of the Legislature of a Province in the relation to the affairs of the Government immediately before the commencement of the Constitution.
(3) The Legislature of the Unit should have power to make rules of procedure for the timely completion of business relating to its Budget.
(4) The Finance Committee should frame rules to secure to itself closer contact and effective voice in regulating the finances of the Legislature of the unit
118. Oath of Members, failure or refusal to take oath.- (1) A member of the Legislature of a Unit should be required to take an oath of allegiance to Pakistan. No member should take his seat in the Legislature until he has taken the prescribed oath:
Provided that in the case of a Muslim member the oath should state that he will endeavor to fulfill the duties and obligations enjoined by the Holy Ouran and the Sunnah.
(2) Voting quorum in the Legislature of a Unit.-Where a member fails to take an oath of allegiance within a period not exceeding six months from the date of the first meeting of the Legislature or refuses to take the oath, his seat should be declared vacant, provided that before the expiry of the said period the Chairman may, on good cause being shown, extend the period.
119. (1) Except in cases in which a specific majority is provided, all decisions in the Legislature of a Unit should be taken in accordance with the rules framed by it. The Presiding Officer of the Legislature of the Unit should not exercise any vote excepting a casting vote in case of a tie.
(2) The Legislature of the Unit should have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Legislature of the Unit should be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do, sat or voted or otherwise took part in the proceedings.
(3) The quorum for a meeting of the Legislature of the Unit should be one-seventh of the total number of the members of the Legislature of the Unit.
120. Privileges of the Legislature of a Unit and of the Members and Committees thereof:— Provision should be made empowering the Legislature of a Unit to legislature in regard to the privileges of the Legislature and its members. Pending such legislation the present position should continue.
121. Salaries and allowances of Members-Members of the Legislature of the Unit should be entitled to receive such salaries and allowances as may from time to time be determined by Act of the Legislature of the Unit, and until provision in that behalf is so made, such salaries and allowances as were payable immediately before the commencement of the Constitution to the Members of the Provincial Legislature: provided that these should not be varied to the disadvantage of the Members during their term of membership.
122. Assent to Bills:— When a Bill has been passed by the Legislature of a Unit, it should be presented to the Head of the Unit and the Head of the Unit should declare, within ninety days, either that he assents to the Bill or that he withholds assent there from or that he reserves the Bill for the consideration of the Head of the State:
Provided that the Head of the Unit may, as soon as possible, after the presentation to him of the Bill for assent, return the Bill, if it is not a Money Bill, to the Legislature of the Unit with a message requesting that the Legislature of the Unit should reconsider the Bill or any specified provisions thereof and, in particular, should consider the desirability of introducing any such amendments as he may recommend in his message and when a Bill is so returned, the Legislature of the Unit should reconsider the Bill accordingly, and if the Bill is passed again by the Legislature of the Unit with or without amendment and presented to the Head of the Unit for assent, the Head of the Unit should not withhold assent there from:
Provided further that the Head of the Unit should not assent to, but should reserve for the consideration of the Head of the State, any Bill which in the opinion of the Head of the Unit would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is by the Constitution designed to fill.
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PART VI
Relations between the Federation and the Units.
133. Subject-matter laws to be made by the Federal Legislature and by the Legislature of a Unit: (1) There should be three lists of subjects for the purpose of legislation
(a) exclusively by the Federal Legislature; (b) exclusively by the Legislature of a Unit; and
(c) both by the Federal Legislature and the Legislature of a Unit.
(2) These three lists to be respectively called the Federal, the Unit and the Concurrent Lists are in Schedule of these Recommendations.
(3) The residuary powers of legislation should vest in the Federation.
134. Planning, and coordination in respect of matters in the Unit and the concurrent Lists.- Provisions should be made for planning and coordination by the Federal Government in respect of matters in the Unit and the Concurrent Lists, and the Federal Legislature should be competent to legislate in such Cases, with the prior consultation of the government at the Units concerned.
135. Power of the Federal Legislature to legislate for one or more Unit by consent and adoption of such Legislation by any other Unit.- If it appears to the Legislature or Legislatures of one or more Units to be desirable that any of the matters' with respect to which the Federal Legislature has no power to make laws for the Unit or Units, except legislation in respect of any matter in the Unit List in case of proclamation of emergency should be regulated in such Unit or Units by the Federal Legislature by law and resolution or resolutions to that effect is or are, passed by the Legislature of the Unit or of each of such Units it should be lawful for the Federal Legislature to pass an Act for regulating that matter accordingly, and any Act so passed should apply to such 'Unit or Units, and to any other Unit by which it is adopted afterwards by resolution passed in that behalf by the Legislature of that Unit.
136. Repeal of the laws made by the Federal Legislature: - Any Act passed under the preceding Paragraph by the Federal Legislature may be amended or repealed by an Act of the Federal Legislature passed in like manner but may, as respects any Unit to which it applies, be amended or repealed also by an Act of the Legislature of that Unit.
136. Repeal of the laws made by the Federal Legislature:— Any Act passed under the preceding Paragraph by the Federal Legislature may be amended or repealed by an Act of the Federal Legislature passed in like manner but may, as respects any Unit to which it applies, be amended or repealed also by an Act of the Legislature of that Unit.
137. Provisions as to legislation for giving effect to International Agreements. - Notwithstanding anything in the foregoing provisions of this part the federal Legislature has power to make law for the whole or any part of Pakistan for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference association or other body.
138. Inconsistency between laws made by the Federal Legislature and laws made by the Legislatures of the Units.- Provision should be made for the Federal Laws to prevail over the Unit Laws in case of a conflict.
139. Rules relating to previous sanction of Bills by the Head of the State or the Head of the Unit.- (1) Where under any provision of the Constitution the previous sanction or recommendation of the Head of the State or the Head of the Unit is required to the introduction or passing of a Bill or the moving of an amendment the giving of the sanction or the recommendation should not be construed as precluding him from exercising subsequently in regard to the Bill in question any powers conferred upon him by the Constitution with respect to the withholding of assent to or reservation of Bills.
(2) No Act of the Federal Legislature or the Legislature of a Unit and no provision in any such Act, should be invalid by reason only that some previous sanction or recommendation was not given, if assent to that Act was given-
(a) where the previous sanction or recommendation required was that of the Head of the Unit, either by the Head of the Unit or by the Head of the State:
(b) Where the previous sanction or recommendation required was that of the Head of the State, by the Head of the State.
140. Enforcement of Federal Laws in the acceding States. Provision should be made for the enforcement of the Federal Laws in the acceding States in accordance with the agreements.
141. Delegation of powers. - (1) Provision should be made authorising the Federal Government to delegate executive powers to a Unit or any officer thereof, with the consent of that Unit.
(2) When the Federal Legislature makes a law in respect of a matter-falling in the Unit List at the request of a Unit or Units executive authority of the Federal Government should extend to the issuing of executive instructions to the Unit or Units concerned in respect of the matter.
(3) Notwithstanding anything in the Constitution the Head of the State may with the consent of the Government of a Unit or the Ruler of a Federated 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.
(4) An Act of the Federal Legislature may, notwithstanding that it relates to a matter with respect to which the Legislature of a Unit has no power to make laws, confer powers and imposes duties, or authorizes the conferring of powers and the imposition of duties, upon a Unit or officers and authorities thereof.
(5) An Act of the Federal Legislature which extends to a Federated State may confer powers and impose duties or authorize the conferring of powers and imposition of, duties upon the State or officers and authorities thereof to be designated for purpose by the Ruler.
(6) Where, by virtue of the aforesaid provisions, powers and duties have been conferred or imposed upon a Unit or a Federated State or officers or authorities thereof, there should be paid by the Federation to the Unit or the State such sum as may be agreed or in default of agreement, as may determined in accordance with the procedure prescribed for the settlement of dispute between the Federation and the Units in paragraph 143. 142. Obligation of Units and Federation and control of Federation over Units In certain cases.- (1) The executive power of every Unit should be so exercised as to ensure compliance with the laws made by the Federal Legislature and any existing laws which apply to that Unit and the executive power of the Federation should extend to the giving of such directions to a Unit as may appear to the Federal Government to be necessary for that purpose.
(2) The executive power of every Unit 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 direction to a Unit as may appear to the Federal Government to be necessary for the purpose.
(3) The executive power of the Federation should also extend to the giving of directions to a Unit as to the construction and maintenance of means of communications declared in the direction to be of national or military importance:
Provided that nothing in this sub-paragraph should be taken as restricting the power of the Federal 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 should extend to the giving of directions to a Unit as to the measures to be taken for the protection of railways within the Unit.
(5) Where, in carrying out any direction given to a Unit under sub-paragraph (3) as to the construction or maintenance of any means of communication or under sub- paragraph (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 Unit if such direction had not been given, there should be paid by the Federal Government to the Unit, such sum as may be agreed, or in default of agreement, as may be determined in accordance with the procedure prescribed for the settlement of disputes between the Federation and the Units in paragraph 143.
143. Disputes other than disputes relating to interpretations of Constitution.- All disputes between the Federation and the Units or between the Units inter se, other than those specified in paragraph 175, including disputes relating to supply of water or national sources of supply of water and disputes for contributions towards the expenditure incurred in connection with the needs of the Federation and the Units or more than one Unit, 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, who should see that the purpose for which the tribunal was appointed has been carried out. The report should then be submitted to the Head of the State for decision.
144. Inter-Unit 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 Unit or the Unit and the Federation, with the consent of the parties concerned. 145. Borrowing by the Federal Government -The executive authority of the Federation extends to borrowing upon the security of the revenues of the Federation within such limits, if any, as may from time to time, be fixed by Act of the Federal Legislature and to the giving of guarantees within such limits if any, as may be so fixed.
146. Acquisition of land for Federal purposes. The Federation may, if it deems necessary to acquire any land situated in a Unit for any Federal purpose, require the Unit to acquire land on behalf and at the expense of the Federation; or if the land belongs to the Unit to transfer it to the Federation on such terms as may be agreed, or, in default of agreement as may be determined in accordance with the procedure prescribed for the settlement of disputes between the Federation and the Units in paragraph 143.
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SCHEDULE I
List-I (Federal)
1. All matters necessary for ensuring the defense of the State in peace and war.
2. The Naval, Military and Air Forces of the Federation and any other armed force raised or maintained by the Federation; any armed forces which are not forces of the Federation but are attached to or operating with any of the armed forces of the Federation; any other armed forces of the Federation.
3. Preventive detention in the territory of Pakistan for reasons connected with defense, external affairs or the security of Pakistan; persons subjected to preventive detention under the authority of the Federation.
4. Defense industries; atomic energy and mineral resources necessary for its production.
5. All works 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 area.
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. Federal Pensions.
17. Piracy and offences against the law of Pakistan and the law of nations committed on the high seas and in the air.
18. Admission into, and emigration and expulsion from, the territory of Pakistan.
19. Pilgrimage to places outside Pakistan.
20. Pilgrimages by foreigners to places inside Pakistan.
21. Inter-Unit and port quarantine, seamen's and marine hospitals, and hospitals connected with port quarantine.
22. Import and export across customs frontiers as defined by the Federal Government.
23. Communications which shall include the control of railways, airways, shipping. navigation on sea and air, national highways declared to be such by the Federal Legislature by law, national ports declared to be such by or under the law made by the Federal Legislature, posts and telegraphs, telephones; wireless, broadcasting and television.
24. 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 Units and other agencies.
25. 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 Units and other agencies.
26. Shipping and navigation on inland waterways declared by the Federal 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.
27. Ancient and historical monuments declared by law to be of national importance, archaeological sites and remains; libraries and museums not financed by the Units.
28. Federal agencies and institutes for research, for professional or technical training or for the promotion of special studies.
29. Federal surveys and Federal meteorological organizations.
30. State Bank of Pakistan; banking; currency; foreign exchange; coinage, legal tender; cheques; bills of exchange; promissory notes; and other like instruments. 31. The law of Insurance and Government Insurance
32. Company Law.
33. Copyright; designs; patents; inventions; trade and merchandise marks.
34. Development of industries, when development under Federal control is declared by Federal law to be expedient in the public interest.
35. 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.
36. Regulation of mines and oilfields 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.
37. Industrial disputes concerning the regulation of labor and safety in mines and oilfields.
38. Regulation of Inter-Unit trade and commerce.
39. Standards of weight and measure.
40. Opium, so far as regards cultivation and manufacture or sale for export
41. Constitution, organization, jurisdiction and powers of the Supreme Court and fees taken therein.
42. Census
43. Inquiries and statistics for the purpose of any matters in this List.
44. Central Intelligence Bureau.
45. Federal Services and the Federal public Service Commission.
46. Election to the Federal Legislature and all other Federal elections.
47. Fishing and fisheries beyond territorial waters.
48. Salt.
49. Provision for dealing with emergencies in any of the territory.
50. Offences against laws with respect to any of the matters in this list.
51. Corporation, that is to say, the incorporation, regulation and winding up of trading corporations including banking, insurance and financial corporation's other than Universities, cooperative societies and municipal corporations.
52. Inter-unit migration within Pakistan.
53. Acquisition or requisitioning of land or property for the purposes of the Federation. 54. Works, lands and buildings vested in or in the possession of the Federal Government for purposes of the Federation (not being naval, military or air force works) but as regards property situate in a unit subject always to legislation by unit, save in so far as Federal law otherwise provides; and as regards property in a Federated State held by virtue of any lease or agreement with that state, subject to the terms of that lease or agreement.
55. Public debt of the Federation; borrowing of money on the Federal credit. 56. Zakat.
57. Decorations.
58. Intoxicating liquors and narcotic drugs.
59. Arms, firearms, ammunitions and explosives.
60. Post Office Savings Bank.
61. Admiralty jurisdiction.
62. Lighthouses, including lightships, beacons, and other provision for the safety of shipping and aircraft.
63. Petroleum and other liquids and substances declared by Federal law to be dangerously inflammable, so far as regards possession, storage and transport
64. The salaries and allowances of the Ministers, Ministers of State. Deputy Ministers and Parliamentary Secretaries of the Federal Government, and of the Chairman and Deputy Chairman of the Houses of the Federal Legislature; the salaries, allowances and privileges of the members of the Federal Legislature; and powers and privileges of the Federal Legislature.
65. The enforcement of attendance of persons for giving evidence or producing documents before Committees of the Federal Legislature and the punishment of persons who refuse to give evidence or produce documents before Committees of the Federal Legislature.
66. 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 Unit.
67. Stock exchanges and futures markets.
68. Constitution and organization of High Courts.
69. Extension of the jurisdiction of a High Court having its principal seat in any Unit to an area outside that Unit and exclusion of the jurisdiction of any such High Court from any area outside that Unit.
70. Jurisdiction and powers of all Courts, other than the Supreme Court, with respect to any of the matters in this list. 71. Extension of the powers and jurisdiction of members of a police force belonging to any Unit to any other area in Pakistan, but not so as to enable the police of one Unit to exercise powers and jurisdiction elsewhere without the consent of the Government of the area concerned.
72. Election to the Legislatures of the Units; the Election Tribunals and the Election Commission.
73. All other matters not enumerated in Lists II and III.
List-II (Unit)
1. Public Order (but not including the use of armed forces in aid of civil power). administration of justice; constitution and organization of all courts, except High Courts and Supreme Court, and fees taken in such courts.
2. Prisons, reformatories. Borstal institutions and other institutions of a like nature and prisoners detained therein, arrangements with other Units for the use of prisons and other institutions.
3. Police including railway and village police.
4. Jurisdiction and powers of all courts except the Supreme Court with respect to any of the matters in this List, procedure in rent and revenue cases.
5. Public debt of the Unit; borrowing of money on the credit of a Unit
6. Unit pensions, i.e., pensions payable by a Unit.
7. Unit Services and Unit Public Service Commission.
8. Works, lands and buildings vested in or in the possession of a Unit.
9. Acquisition or requisitioning of land or property for the purposes of Units or when so required for the Federation.
10. Universities, libraries, museums and other similar institutions controlled or financed by the Units.
11. Public health, sanitation, hospitals, dispensaries, registration of births and deaths.
12. Burial, burial grounds and places and manner of disposing of human dead bodies.
13. Elections to the Legislature of a Unit, subject to the provisions of any law made by the Federal Legislature.
14. Salaries and allowances of Ministers, Deputy Ministers and Parliamentary Secretaries and Chairman and Deputy Chairman of the Legislature of a Unit; the salaries. allowances and privileges of the members of the Legislature of a Unit; powers and privileges of the Legislature of the Units. 15. Local Bodies, municipalities improvement trusts, district boards, village administration, mining settlement authorities and other local authorities for the purpose of the Government of local bodies.
16. Pilgrimages other than pilgrimage beyond Pakistan.
17. Education.
18. 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.
19. Water supplies; irrigation and canals; drainage and embankment; water storage. 20. Water power.
21. Land revenue including the assessment and collection of revenue, maintenance of land records; survey for revenue purposes and records of right, and alienation of revenue.
22. 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.
23. 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 Unit revenues.
24. Forests; protection of wild birds and animals.
25. Gas and gas works.
26. Regulation of mines and oilfields and mineral development subject to the provisions of List I.
27. Fisheries.
28. Control of inns and innkeepers, shops and saloons.
29. Trade and commerce in the Unit, fairs and markets.
30. Money-lending and money-lenders.
31. Production, supply and distribution of goods; development of industries subject to List I.
32. Adulteration of foodstuffs and other goods.
33. Intoxicating liquors and narcotic drugs subject to List. I.
34. Poor relief; unemployment; charities; charitable institutions; charitable and religious endowments. 35. The incorporation, regulation and winding up of corporations not specified in List I or Universities; unincorporated trading, literary, scientific, religious and other societies and associations excepting those of Muslims; cooperative societies.
36. Betting and gambling.
37. Theatres; dramatic performances and cinemas including sanction of cinematograph films for exhibition.
38. Inquiries and statistics for the purpose of any of the matters in this list.
39. Offences against laws with respect to any of the matters in this list.
40. Waqfs and Mosques.
41. Surveys other than Federal Surveys.
42. Any other matter in respect of which a Legislature of the Unit is, by the Constitution, given power to make laws subject to the provisions of the Constitution.
List-III (Concurrent)
1. Criminal law, including all matters included in the Penal Code at the commencement of the Constitution, 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 commencement of the Constitution.
3. Preventive detention for reasons connected with the maintenance of public order, or the maintenance of supplies and services essential to the community; persons subjected to such detention.
4. Removal of prisoners and accused persons from one Unit to another.
5. Civil procedure, including the law of limitation and all matters included in the Code of Civil Procedure at the commencement of the Constitution the recovery in a Unit of claims in respect of taxes and other public demands, including arrears of land revenue and sums recoverable as such arising outside that Unit.
6. Evidence and oath; recognition of laws, public acts and records and judicial proceedings.
7. Marriage and divorce; infants and minors; adoption.
8. Wills, intestacy, joint family property and succession, save as regards agricultural lands.
9. Transfer of property other than agricultural land; registration of deeds and documents.
10. Trust and trustees. 11. Contracts, including partnership, agency, contracts of carriage and other special forms of contract but not including contract relating to agricultural land.
12. Arbitration,
13. Bankruptcy and insolvency; administrators-general and official trustees.
14. Stamp duties other than duties or fees collected by means of judicial stamps, but not including rates of stamp duty.
15. Actionable wrongs, save in so far as included in laws with respect to any of the matters specified in List I or List II.
16. Jurisdiction and powers of all courts accept the Supreme Court with respect to any of the matters in this List.
17. Legal, medical and other professions.
18. Newspapers, books and printing presses.
19. Lunacy and mental deficiency, including places for the reception or treatment of lunatics and mental deficient.
20. Poisons and dangerous drugs.
21. Mechanically-propelled vehicles. 22. Boilers.
23. Prevention of cruelty to animals.
24. Vagrancy, nomadic, criminal and migratory tribes.
25. Factories.
26. Welfare of labor; conditions of labor; provident funds; employer's liability and workmen's compensation; health insurance, including invalidity pensions; old age pensions and maternity benefits.
27. Unemployment and social insurance.
28. Trade unions; industrial and labor disputes subject to the provisions of List II. 29. The prevention of the extension from one Unit to another of infections or contagious diseases or pests affecting men, animals or plants.
30. Electricity;
31. 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.
32. The principles on which compensation is to be determined for property acquired or requisitioned for the purposes of the Federation or a Unit.
33. Inquiries and statistics for the purpose of any of the matters in this List.
34. Fees in respect of any of the matters in this List.
35. Higher technical education, vocational and technical training of labor subject to the provisions of List I. 36. Scientific and industrial research.
37. Muslim religious societies excluding mosques and waqfs.
38. Relief and rehabilitation of the displaced persons.
39. Price control.
SCHEDULE II
(vide paras 43 and 46)
Table of Seats— House of People.
| Province | Total Seats. | Seats reserved for Muslims. | Seats reserved for scheduled Casts. | Seats reserved for Hindus other than scheduled Casts. | Seats reserved for Christians. | Seats reserved for Buddhists and others. | Seats reserved for Parsis. |
|---|---|---|---|---|---|---|---|
| East Bangal | 200 | 153 | 24 | 20 | 1 | 2 | -- |
| Punjab | 90 | 88 | -- | -- | 2 | -- | -- |
| Sind | 30 | 27 | 2 | 1 | -- | -- | -- |
| N.W.F.P. | 25 | 25 | -- | -- | -- | -- | -- |
| Tribal Areas | 17 | 17 | -- | -- | -- | -- | -- |
| Bahawalpur State | 13 | 13 | -- | -- | -- | -- | -- |
| Baluchistan | 5 | 5 | -- | -- | -- | -- | -- |
| Baluchistan State | 5 | 5 | -- | -- | -- | -- | -- |
| Khairpur State | 4 | 4 | -- | -- | -- | -- | -- |
| Federation | 11 | 10 | -- | -- | -- | -- | 1 |
1. For filling up the two seats of Scheduled Castes and one seat of Caste Hindus in Sind, the Scheduled Castes and Caste Hindus of other areas in West Pakistan should also be entitled to vote and should be eligible for membership.
2. For filling up two seats of Christians in Punjab, the Christians of other areas in West Pakistan should be entitled to vote and should be eligible for membership.
3. For filling up the seat of Parsis in the Capital of the Federation the Parsis of other areas in Pakistan should be entitled to vote and should be eligible for membership.
4. For filling up the two seats of Buddhists and other in East Bengal the Buddhists and others of other areas in Pakistan should also be entitled to vote and should be eligible for membership.
*Mr. Kamini Kumar Dutta dissented.