Fundamental Rights

Part II: Fundamental Rights

7	Definition of the State In this Part, unless the context otherwise requires, "the State" means the Federal Government,  12[Majlis-e-Shoora (Parliament)] 12, a Provincial Government, a Provincial Assembly, and such local or other authorities in Pakistan as are by law empowered to impose any tax or cess.

Chapter 1: Fundamental Rights

8	Laws inconsistent with or in derogation of fundamental rights to be void. (1) Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred by this Chapter, shall, to the extent of such inconsistency, be void. (2) The State shall not make any law which takes away or abridges the rights so conferred and any law made in contravention of this clause shall, to the extent of such contravention, be void. (3) The provisions of this Article shall not apply to :- (a) any law relating to members of the Armed Forces, or of the police or of such other forces as are charged with the maintenance of public order, for the purpose of ensuring the proper discharge of their duties or the maintenance of discipline among them; or  13[ (b) any of the:- (i) laws specified in the First Schedule as in force immediately before the commencing day or as amended by any of the laws specified in that Schedule; (ii) other laws specified in Part I of the First Schedule; ] 13 and no such law nor any provision thereof shall be void on the ground that such law or provision is inconsistent with, or repugnant to, any provision of this Chapter. (4) Notwithstanding anything contained in paragraph (b) of clause (3), within a period of two years from the commencing day, the appropriate Legislature shall bring the laws specified in  15[Part II of the First Schedule] 15 into conformity with the rights conferred by this Chapter: Provided that the appropriate Legislature may by resolution extend the said period of two years by a period not exceeding six months. Explanation:- If in respect of any law  16[Majlis-e-Shoora (Parliament)] 16 is the appropriate Legislature, such resolution shall be a resolution of the National Assembly. (5) The rights conferred by this Chapter shall not be suspended except as expressly provided by the Constitution.
9	Security of person. No person shall be deprived of life or liberty save in accordance with law.
10	Safeguards as to arrest and detention (1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice. (2) Every person who is arrested and detained in custody shall be produced before a magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the nearest magistrate, and no such person shall be detained in :custody beyond the said period without the authority of a magistrate. (3) Nothing in clauses (1) and (2) shall apply to any person who is arrested or detained under any law providing for preventive detention. (4) No law providing for preventive detention shall be made except to deal with persons acting in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof, or external affairs of Pakistan, or public order, or the maintenance of supplies or services, and no such law shall authorise the detention of a person for a period exceeding  17[three months] 17 unless the appropriate Review Board has, after affording him an opportunity of being heard in person, reviewed his case and reported, before the expiration of the said period, that there is, in its opinion, sufficient cause for such detention, and, if the detention is continued after the said period of  18[three months] 18, unless the appropriate Review Board has reviewed his case and reported, before the expiration of each period of three months, that there is, in its opinion, sufficient cause for such detention. Explanation-I: In this Article, "the appropriate Review Board" means:- (i) in the case of a person detained under a Federal law, a Board appointed by the Chief Justice of Pakistan and consisting of a Chairman and two other persons, each of whom is or has been a Judge of the Supreme Court or a High Court; and (ii) in the case of a Person detained under a Provincial law, a Board appointed by the Chief Justice of the High Court concerned and consisting of a Chairman and two other persons, each of whom is or has been a Judge of a High Court. Explanation-II: The opinion of a Review Board shall be expressed in terms of the views of the majority of its members. (5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall,  19[within fifteen days] 19 from such detention, communicate to such person the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order: Provided that the authority making any such order may refuse to disclose facts which such authority considers it to be against the public interest to disclose. (6) The authority making the order shall furnish to the appropriate Review Board all documents relevant to the case unless a certificate, signed by a Secretary to the Government concerned, to the effect that it is not in the public interest to furnish any documents, is produced. (7) Within a period of twenty-four months commencing on the day of his first detention in pursuance of an order made under a law providing for preventive detention, no person shall be detained in pursuance of any such order for more than a total period of eight months in the case of a person detained for acting in a manner prejudicial to public order and twelve months in any other case: Provided that this clause shall not apply to any person who is employed by, or works for, or acts on instructions received from, the enemy  20[or who is acting or attempting to act in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof or who commits or attempts to commit any act which amounts to an anti-national activity as defined in a Federal law or is a member of any association which has for its objects, or which indulges in, any such anti-national activity] 20. (8) The appropriate Review Board shall determine the place of detention of the person detained and fix a reasonable subsistence allowance for his family. (9) Nothing in this Article shall apply to any person who for the time being is an enemy alien.

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10A.	Right to fair trial: For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process.

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11	Slavery, forced labour, etc. prohibited (1) Slavery is non-existent and forbidden and no law shall permit or facilitate its introduction into Pakistan in any form. (2) All forms of forced labour and traffic in human beings are prohibited. (3) No child below the age of fourteen years shall be engaged in any factory or mine or any other hazardous employment. (4) Nothing in this Article shall be deemed to affect compulsory service:- (a) by any person undergoing punishment for an offence against any law; or (b) required by any law for public purpose provided that no compulsory service shall be of a cruel nature or incompatible with human dignity.
12	Protection against retrospective punishment (1) No law shall authorize the punishment of a person:- (a) for an act or omission that was not punishable by law at the time of the act or omission; or (b) for an offence by a penalty greater than, or of a kind different from, the penalty prescribed by law for that offence at the time the offence was committed. (2) Nothing in clause (1) or in Article 270 shall apply to any law making acts of abrogation or subversion of a Constitution in force in Pakistan at any time since the twenty-third day of March, one thousand nine hundred and fifty-six, an offence.
13	Protection against double punishment and self incrimination. No person:- (a) shall be prosecuted or punished for the same offence more than once; or (b) shall, when accused of an offence, be compelled to be a witness against himself.
14	Inviolability of dignity of man, etc. (1) The dignity of man and, subject to law, the privacy of home, shall be inviolable. (2) No person shall be subjected to torture for the purpose of extracting evidence.
15	Freedom of movement, etc. Every citizen shall have the right to remain in, and, subject to any reasonable restriction imposed by law in the public interest, enter and move freely throughout Pakistan and to reside and settle in any part thereof.
16	Freedom of assembly. Every citizen shall have the right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order.

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17.

Freedom of association: (1) Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality. (2) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial to the soverignty or integrity of Pakistan, the Federal Government shall, within fifeen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final. (3) Every political party shall account for the source of its funds in accordance with law.

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18	Freedom of trade, business or profession. Subject to such qualifications, if any, as may be prescribed by law, every citizen shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business: Provided that nothing in this Article shall prevent:- (a) the regulation of any trade or profession by a licensing system; or (b) the regulation of trade, commerce or industry in the interest of free competition therein; or (c) the carrying on, by the Federal Government or a Provincial Government, or by a corporation controlled by any such Government, of any trade, business, industry or service, to the exclusion, complete or partial, of other persons.
19	Freedom of speech, etc. Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court,  30[commission of] 30 or incitement to an offence.

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19A.	Right to information: Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law.

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20	Freedom to profess religion and to manage religious institutions. Subject to law, public order and morality:- (a) every citizen shall have the right to profess, practice and propagate his religion; and (b) every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions.
21	Safeguard against taxation for purposes of any particular religion. No person shall be compelled to pay any special tax the proceeds of which are to be spent on the propagation or maintenance of any religion other than his own.
22	Safeguards as to educational institutions in respect of religion, etc. (1) No person attending any educational institution shall be required to receive religious instruction, or take part in any religious ceremony, or attend religious worship, if such instruction, ceremony or worship relates to a religion other than his own. (2) In respect of any religious institution, there shall be no discrimination against any community in the granting of exemption or concession in relation to taxation. (3) Subject to law: (a) no religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any educational institution maintained wholly by that community or denomination; and (b) no citizen shall be denied admission to any educational institution receiving aid from public revenues on the ground only of race, religion, caste or place of birth. (4) Nothing in this Article shall prevent any public authority from making provision for the advancement of any socially or educationally backward class of citizens.
23	Provision as to property. Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan, subject to the Constitution and any reasonable restrictions imposed by law in the public interest.
24	Protection of property rights. (1) No person shall be compulsorily deprived of his property save in accordance with law. (2) No property shall be compulsorily acquired or taken possession of save for a public purpose, and save by the authority of law which provides for compensation therefore and either fixes the amount of compensation or specifies the principles on and the manner in which compensation is to be determined and given. (3) Nothing in this Article shall affect the validity of :- (a) any law permitting the compulsory acquisition or taking possession of any property for preventing danger to life, property or public health; or (b) any law permitting the taking over of any property which has been acquired by, or come into the possession of, any person by any unfair means, or in any manner, contrary to law; or (c) any law relating to the acquisition, administration or disposal of any property which is or is deemed to be enemy property or evacuee property under any law (not being property which has ceased to be evacuee property under any law); or (d) any law providing for the taking over of the management of any property by the State for a limited period, either in the public interest or in order to secure the proper management of the property, or for the benefit of its owner; or (e) any law providing for the acquisition of any class of property for the purpose of (i) providing education and medical aid to all or any specified class of citizens or (ii) providing housing and public facilities and services such as roads, water supply, sewerage, gas and electric power to all or any specified class of citizens; or (iii) providing maintenance to those who, on account of unemployment, sickness, infirmity or old age, are unable to maintain themselves ; or (f) any existing law or any law made in pursuance of Article 253. (4) The adequacy or otherwise of any compensation provided for by any such law as is referred to in this Article, or determined in pursuance thereof, shall not be called in question in any court.
25	Equality of citizens. (1) All citizens are equal before law and are entitled to equal protection of law. (2) There shall be no discrimination on the basis of sex  32[] 32. (3) Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.

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25A.	Right to education: The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law.

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26.	Non-discrimination in respect of access to public places. (1) In respect of access to places of public entertainment or resort not intended for religious purposes only, there shall be no discrimination against any citizen on the ground only of race, religion, caste, sex, residence or place of birth. (2) Nothing in clause (1) shall prevent the State from making any special provision for women and children.
27.	Safeguard against discrimination in services. (1) No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth: Provided that, for a period not exceeding  34[forty] 34 years from the commencing day, posts may be reserved for persons belonging to any class or area to secure their adequate representation in the service of Pakistan: Provided further that, in the interest of the said service, specified posts or services may be reserved for members of either sex if such posts or services entail the performance of duties and functions which cannot be adequately performed by members of the other sex 36[:] 36  37[Provided also that under-representation of any class or area in the service of Pakistan may be redressed in such manner as may be determined by an Act of Majlis-e-Shoora (Parliament).] 37 (2) Nothing in clause (1) shall prevent any Provincial Government, or any local or other authority in a Province, from prescribing, in relation to any post or class of service under that Government or authority, conditions as to residence in the Province. for a period not exceeding three years, prior to appointment under that Government or authority.
28	Preservation of language, script and culture. Subject to Article 251 any section of citizens having a distinct language, script or culture shall have the right to preserve and promote the same and subject to law, establish institutions for that purpose.

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Notes

¹²   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 1 (with effect from March 2, 1985) for "Parliament".

¹³   Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 2 (with effect from November 21, 1975) for :

(b)	any of the laws specified in the First Schedule as in force immediately before the commencing day  14[or as amended by any of the laws specified in that Schedule] 14;

¹⁴   Inserted by Constitution (First Amendment) Act, 1974 (33 of 1974), Article 3 (with effect from May 4, 1974).

¹⁵   Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 2 (with effect from November 21, 1975) for "the First Schedule, not being a law which relates to, or is connected with, economic reforms".

¹⁶   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 1 (with effect from March 2, 1985) for "Parliament".

¹⁷   Substituted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Article 2 (with effect from February 13, 1975) for "one month".

¹⁸   Substituted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Article 2 (with effect from February 13, 1975) for "one month".

¹⁹   Substituted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Article 2 (with effect from February 13, 1975) for "as soon as may be, but not later than one week".

²⁰   Inserted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Article 2 (with effect from February 13, 1975).

²¹   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 5 (with effect from April 19, 2010).

²²   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 6 (with effect from April 19, 2010) for :

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Freedom of association. (1) Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of  23[sovereignty or integrity of Pakistan, public order or morality] 23.  24[ (2) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan  25[or public order] 25and such law shall provide that where the Federal Government declare that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan  26[or public order] 26, the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final 27[:] 27  28[Provided that no political party shall promote sectarian, ethnic, regional hatred or animosity, or be titled or constituted as a militant group or section.] 28 (3) Every political party shall account for the source of its funds in accordance with law. ] 24 29[ (4) Every political party shall, subject to law, hold intra-party elections to elect its office-bearers and party leaders. ] 29

²³   Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 3 (with effect from November 21, 1975) for "morality or public order".

²⁴   Substituted by Constitution (First Amendment) Act, 1974 (33 of 1974), Article 4 (with effect from May 4, 1974) for :

(2)	Every citizen not being in the service of Pakistan shall have the right to form or be a member of a political party. Every political party shall account for the source of its funds in accordance with law.

²⁵   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 1(a) (with effect from August 21, 2002).

²⁶   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 1(a) (with effect from August 21, 2002).

²⁷   Substituted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 1(b) (with effect from August 21, 2002) for ".".

²⁸   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 1(b) (with effect from August 21, 2002).

²⁹   Inserted by Legal Framework Order, 2002 (Chief Executive's Order No. 24 of 2002), Article 3(1), Sch. item 2 (with effect from August 21, 2002).

³⁰   Substituted by Constitution (Fourth Amendment) Act, 1975 (71 of 1975), Article 4 (with effect from November 21, 1975) for "defamation".

³¹   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 6 (with effect from April 19, 2010).

³²   The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 8 (with effect from April 19, 2010) : "alone".

³³   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 9 (with effect from April 19, 2010).

³⁴   Substituted by Constitution (Sixteenth Amendment) Act, 1999 (6 of 1999), Article 2 (with effect from August 5, 1999) for " ³⁵[twenty] ³⁵".

³⁵   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 4 (with effect from March 2, 1985) for "ten".

³⁶   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 10 (with effect from April 19, 2010) for ".".

³⁷   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 10 (with effect from April 19, 2010).

Part XI: "Amendment of Constitution"

Part XI: Amendment of Constitution

238	Amendment of Constitution. Subject to this Part, the Constitution may be amended by Act of  635[Majlis-e-Shoora (Parliament)] 635.

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239

Constitution Amendment Bill. (1) A Bill to amend the Constitution may originate in either House and, when the Bill has been passed by the votes of not less than two-thirds of the total membership of the House, it shall be transmitted to the other House.   (2) If the Bill is passed without amendment by the votes of not less than two-thirds of the total membership of the House to which it is transmitted under clause (1), it shall, subject to the provisions of clause (4), be presented to the President for assent.   (3) If the Bill is passed with amendment by the votes of not less than two-thirds of the total membership of the House to which it is transmitted under clause (1), it shall be reconsidered by the House in which it had originated, and if the Bill as amended by the former House is passed by the latter by the votes of not less than two-thirds of its total membership it shall, subject to the provisions of clause (4), be presented to the President for assent.   (4) A Bill to amend the Constitution which would have the effect of altering the limits of a Province shall not be presented to the President for assent unless it has been passed by the Provincial Assembly of that Province by the votes of not less than two-thirds of its total membership.   (5) No amendment of the Constitution shall be called in question in any court on any ground whatsoever.   (6) For the removal of doubt, it is hereby declared that there is no limitation whatever on the power of the Majlis-e-Shoora (Parliament) to amend any of the provisions of the Constitution.

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Notes

⁶³⁵   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶³⁶   Substituted by Constitution (Second Amendment) Order, 1985 (President's Order No. 20 of 1985), Section 3 (with effect from March 19, 1985) for :

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239

Constitution Amendment Bill (1) A Bill to amend this Constitution may originate in either House and when the Bill has been passed by the votes of not less than two-thirds of the total membership of the House it shall be transmitted to the other House.   (2) If the Bill is passed without amendment by the votes of not less than two-thirds of the total membership of the House to which it is transmitted under clause (1), it shall be transmitted to all the Provincial Assemblies.   (3) If the Bill is passed with amendment by the votes of not less than two-thirds of the total membership of the House to which it is transmitted under clause (1), it shall be reconsidered by the House in which it had originated; and if the Bill as amended by the former House is passed by the latter by the votes of not less than two-thirds of its total membership it shall be transmitted to all the Provincial Assembles.   (4) Subject to clause (5), if the Bill transmitted to the Provincial Assemblies under clause (2) or clause (3) is passed by each such Assembly by a majority of the total number of its members present and voting, it shall be presented to the President for assent.   (5) A Bill to amend the Constitution which would have the effect of altering the limits of a Province shall not be presented to the President for assent unless it has been passed by the Provincial Assembly of that Province by the votes of not less than two-thirds of its total membership.   (6) No amendment of the Constitution shall be called in question in any court on any ground whatsoever.   (7) For the removal of doubt, it is hereby declared that there is no limitation whatever on the power of the Majlis-e-Shoora (Parliament) to amend by way of addition, modification or repeal any of the provisions of the Constitution.

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⁶³⁷   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 48 (with effect from March 2, 1985) for :

239

(1) A Bill to amend the Constitution shall originate in the National Assembly and when the Bill has been passed by the votes of not less than two-thirds of the total membership of the Assembly it shall be transmitted to the Senate.   (2) If the Bill is passed by the Senate by a majority of the total membership of the Senate it shall be presented to the President for assent.   (3) If the Bill is passed by the Senate with amendments, it shall be reconsidered by the National Assembly; and if the Bill as amended by the Senate is passed by the Assembly by the votes of not less than two-thirds of the total membership of the Assembly, it shall be presented to the President for assent.   (4) If the Bill is not passed by the Senate within ninety days from the day of its receipt the Bill shall be deemed to have been rejected by the Senate.   (5) The President shall assent to the Bill within seven days of the presentation of the Bill to him, and if he fails to do so he shall be deemed to have assented thereto at the expiration of that period.   (6) When the President has assented to or is deemed to have assented to the Bill, the Bill shall become Act of Parliament and the Constitution shall stand amended in accordance with the terms thereof.   (7) A Bill to amend the Constitution which would have the effect of altering the limits of a Province shall not be passed by the National Assembly unless it has been approved by a resolution of the Provincial Assembly of that Province passed by the votes of not less than two-thirds of the total membership of that Assembly.

Part X: "Emergency Provisions"

Part X: Emergency Provisions

232	Proclamation of emergency on account of war, internal disturbance, etc. (1) If the President is satisfied that a grave emergency exists in which the security of Pakistan, or any part thereof, is threatened by war or external aggression, or by internal disturbance beyond the power of a Provincial Government to control, he may issue a Proclamation of Emergency 605[:] 605  606[Provided that for imposition of emergency due to internal disturbances beyond the powers of a Provincial Government to control, a Resolution from the Provincial Assembly of that Province shall be required: Provided further that if the President acts on his own, the Proclamation of Emergency shall be placed before both Houses of Majlis-e-Shoora (Parliament) for approval by each House within ten days. ] 606   (2) Notwithstanding anything in the Constitution, while a Proclamation of Emergency is in force,  607[ (a) Majlis-e-Shoora (Parliament) shall have power to make laws for a Province, or any part thereof, with respect to any matter not enumerated in the Federal Legislative List or the Concurrent Legislative List; ] 607 (b) the executive authority of the Federation shall extend to the giving of directions to a Province as to the manner in which the executive authority of the Province is to be exercised, and (c) the Federal Government may by  608 Order assume to itself, or direct the Governor of a Province to assume on behalf of the Federal Government, all or any of the functions of the Government of the Province, and all or any of the powers vested in, or exercisable by, any body or authority in the Province other than the Provincial Assembly, and make such incidental and consequential provisions as appear to the Federal Government to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending, in whole or in part, the operation of any provisions of the Constitution relating to any body or authority in the province: Provided that nothing in paragraph (c) shall authorize the Federal Government to assume to itself, or direct the Governor of the Province to assume on its behalf, any of the powers vested in or exercisable by a High Court, or to suspend either in whole or in part the operation of any provisions of the Constitution relating to High Courts.   (3) The power of  609[Majlis-e-Shoora (Parliament)] 609 to make laws for a Province with respect to any matter shall include power to make laws conferring powers and imposing duties, or authorizing the conferring of powers and the imposition of duties upon the Federation, or officers and authorities of the Federation, as respects that matter.   (4) Nothing in this Article shall restrict the power of a Provincial Assembly to make any law which under the Constitution it has power to make but if any provision of a Provincial law is repugnant to any provision of an Act of  610[Majlis-e-Shoora (Parliament)] 610 which  611[Majlis-e-Shoora (Parliament)] 611 has under this Article power to make, the Act of  612[Majlis-e-Shoora (Parliament)] 612, whether passed before or after the Provincial law, shall prevail and the Provincial law shall, to the extent of the repugnancy, but so long only as the Act of  613[Majlis-e-Shoora (Parliament)] 613 continues to have effect, be void.   (5) A law made by  614[Majlis-e-Shoora (Parliament)] 614, which  615[Majlis-e-Shoora (Parliament)] 615 would not but for the issue of a Proclamation of Emergency have been competent to make, shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the Proclamation of Emergency has ceased to be in force, except as respects things done or omitted to be done before the expiration of the said period.   (6) While a Proclamation of Emergency is in force,  616[Majlis-e-Shoora (Parliament)] 616 may by law extend the term of the National Assembly for a period not exceeding one year and not extending in any case beyond a period of six months after the Proclamation has ceased to be in force.   (7) A Proclamation of Emergency shall be laid before a joint sitting which shall be summoned by the President to meet within thirty days of the Proclamation being issued and, (a) shall cease to be in force at the expiration of two months unless before the expiration of that period it has been approved by a resolution of the joint sitting; and  617[ (b) shall, subject to the provisions of paragraph (a), cease to be in force upon a resolution disapproving the Proclamation being passed by the votes of the majority of the total memberships of the two Houses in joint sitting. ] 617   (8) Notwithstanding anything contained in clause (7), if the National Assembly stands dissolved at the time when a Proclamation of Emergency is issued, the Proclamation shall continue in force for a period of four months but, if a general election to the Assembly is not held before the expiration of that period, it shall cease to be in force at the expiration of that period unless it has earlier been approved by a resolution of the Senate.
233	Power to suspend Fundamental Rights, etc., during emergency period. (1) Nothing contained in Articles 15, 16, 17, 18, 19, and 24 shall, while a proclamation of Emergency is in force, restrict the power of the State as defined in Article 7 to make any law or to take any executive action which it would, but for the provisions in the said Articles, be competent to make or to take, but any law so made shall to the extent of the incompetency, cease to have effect, and shall be deemed to have been repealed, at the time when the Proclamation is revoked or has ceased to be in force.   (2) While a Proclamation of Emergency is in force, the President may, by  619 Order, declare that the right to move any Court for the enforcement of such of the Fundamental Rights conferred by Chapter 1 of Part II as may be specified in the Order, and any proceeding in any Court which is for the enforcement, or involves the determination of any question as to the infringement, of any of the Rights so specified, shall remain suspended for the period during which the Proclamation is in force, and any such Order may be made in respect of the whole or any part of Pakistan.   (3) Every Order made under this Article shall, as soon as may be, be laid before  620[both Houses of Majlis-e-Shoora (Parliament) separately] 620 for approval and the provisions of clauses (7) and (8) of Article 232 shall apply to such an Order as they apply to a Proclamation of Emergency.
234	Power to issue Proclamation in case of failure of constitutional machinery in a Province. (1) If the President, on receipt of a report from the Governor of a Province 622[] 622, is satisfied that a situation has arisen in which the Government of the Province cannot be carried on in accordance with the provisions of the Constitution, the President may, or if a resolution in this behalf is passed  623[by each House separately] 623 shall, by Proclamation, (a) assume to himself, or direct the Governor of the Province to assume on behalf of the President, all or any of the functions of the Government of the Province, and all or any of the powers vested in, or exercisable by, any body or authority in the Province, other than the Provincial Assembly; (b) declare that the powers of the Provincial Assembly shall be exercisable by, or under the authority of,  624[Majlis-e-Shoora (Parliament)] 624; and (c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of the Constitution relating to any body or authority in the Province: Provided that nothing in this Article shall authorize the President to assume to himself, or direct the Governor of the Province to assume on his behalf, any of the powers vested in, or exercisable by, a High Court, or to suspend either in whole or in part the operation of any provisions of the Constitution relating to High Courts.   (2) The Provisions of Article 105 shall not apply to the discharge by the Governor of his functions under clause (1).   (3) A Proclamation issued under this Article shall be laid before a joint sitting and shall cease to be in force at the expiration of two months, unless before the expiration of that period it has been approved by resolution of the joint sitting and may by like resolution be extended for a further period not exceeding two months at a time; but no such Proclamation shall in any case remain in force for more than six months.   (4) Notwithstanding anything contained in clause (3), if the National Assembly stands dissolved at the time when a Proclamation is issued under this Article, the Proclamation shall continue in force for a period of three months but, if a general election to the Assembly is not held before the expiration or that period, it shall cease to be in force at the expiration of that period unless it has earlier been approved by a resolution of the Senate.   (5) Where by a Proclamation issued under this Article it has been declared that the powers of the Provincial Assembly shall be exercisable by or under the authority of  625[Majlis-e-Shoora (Parliament)] 625, it shall be competent- (a) to  626[Majlis-e-Shoora (Parliament)] 626 in joint sitting to confer on the President the power to make laws with respect to any matter within the legislative competence of the Provincial Assembly; (b) to  627[Majlis-e-Shoora (Parliament)] 627 in joint sitting, or the President, when he is empowered under paragraph (a), to make laws conferring powers and imposing duties, or authorizing the conferring of powers and the imposition of duties, upon the Federation, or officers and authorities thereof; (c) to the President, when  628[Majlis-e-Shoora (Parliament)] 628 is not in session, to authorize expenditure from the Provincial Consolidated Fund, whether the expenditure is charged by the Constitution upon that fund or not, pending the sanction of such expenditure by  629[Majlis-e-Shoora (Parliament)] 629 in joint sitting; and (d) to  630[Majlis-e-Shoora (Parliament)] 630 in joint sitting by resolution to sanction expenditure authorized by the President under paragraph (c).   (6) Any law made by  631[Majlis-e-Shoora (Parliament)] 631 or the President which  632[Majlis-e-Shoora (Parliament)] 632 or the President would not, but for the issue of a Proclamation under this Article, have been competent to make, shall, to the extent of the incompetency, cease to have affect on the expiration of a period of six months after the Proclamation under this Article has ceased to be in force, except as to things done or omitted to be done before the expiration of the said period.
235	Proclamation in case of financial emergency. (1) If the President is satisfied that a situation has arisen whereby the economic life, financial stability or credit of Pakistan, or any part thereof, is threatened, he may, after consultation with the Governors of the Provinces or, as the case may be, the Governor of the Province concerned, by Proclamation make a declaration to that effect, and while such a Proclamation is in force, the executive authority of the Federation shall extend to the giving of directions to any Province to observe such principles of financial propriety as may be specified in the directions, and to the giving of such other directions as the President may deem necessary in the interest of the economic life, financial stability or credit of Pakistan or any part thereof.   (2) Notwithstanding anything in the Constitution, any such directions may include a provision requiring a reduction of the salary and allowances of all or any class of persons serving in connection with the affairs of the Province.   (3) While a Proclamation issued under this Article is in force the President may issue directions for the reduction of the salaries and allowances of all or any class of persons serving in connection with the affairs of the Federation.   (4) The provisions of clauses (3) and (4) of Article 234 shall apply to a Proclamation issued under this Article as they apply to a Proclamation issued under that Article.
236	Revocation of Proclamation, etc. (1) A Proclamation issued under this part may be varied or revoked by a subsequent Proclamation.   (2) The validity of any Proclamation issued or Order made under this Part shall not be called in question in any court.
237	633[Majlis-e-Shoora (Parliament)] 633 may make laws of indemnity, etc. Nothing in the Constitution shall prevent  634[Majlis-e-Shoora (Parliament)] 634 from making any law indemnifying any person in the service of the Federal Government or a Provincial Government, or any other person, in respect of any act done in connection with the maintenance or restoration of order in any area in Pakistan.

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Notes

⁶⁰⁵   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 86 (with effect from April 19, 2010).

⁶⁰⁶   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Section 86 (with effect from April 19, 2010).

⁶⁰⁷   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 47 (with effect from March 2, 1985) for :

(a)

Parliament shall have power to make laws for a province, or any part thereof, with respect to any matter enumerated in Part II of the Federal Legislative List or the Concurrent Legislative List or with respect to any matter not enumerated in either of those Lists, as if it were a matter specified in Part I of the Federal Legislative List.

⁶⁰⁸   For such Order, in respect of N.W.F.P., see S.R.O. No. 22 (I)/75, dated February 16, 1975, Gazette of Pakistan, 1975, Extraordinary, Part II, page 329, since rescinded by S.R.O. No. 522 (I)/75, dated May 3, 1975, see Gazette of Pakistan, 1975, Extraordinary, Part II, page 727; and For such Order, in respect of the Province of Baluchistan, see S.R.O. No. 641 (I)/76, dated June 30, 1976, Gazette of Pakistan, 1976, Extraordinary, Part II, page 1207, since rescinded by S.R.O. No. 1161 (I)/76, dated December 6, 1976, see Gazette of Pakistan, 1976, Extraordinary, Part II, page 2279.

⁶⁰⁹   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶¹⁰   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶¹¹   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶¹²   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶¹³   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶¹⁴   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶¹⁵   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶¹⁶   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶¹⁷   Substituted by Constitution (Third Amendment) Act, 1975 (22 of 1975), Section 3 (with effect from February 13, 1975) for :

(b)	may by resolution of a  618 joint sitting, be continued in force for a period not exceeding six months at a time.

⁶¹⁸   For resolutions under original paragraph (b) approving the continuance in force of the Proclamation of Emergency, see Gazette of Pakistan, 1974, Extraordinary, Part II, page 343, and page 1183.

⁶¹⁹   The Order suspending the right to move any court for the enforcement of certain Fundamental Rights issued vide Gazette of Pakistan, 1973, Extraordinary, part I, 602, has been rescinded by S.R.O. 1093 (I)/74, dated August 14, 1974. See Gazette of Pakistan, 1974, Extraordinary, Part II, page 1548.

⁶²⁰   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 87 (with effect from April 19, 2010) for :

 ⁶²¹ a joint sitting

⁶²¹   The joint sitting passed the following resolution on September 6, 1973:- "That the joint sitting approves under clause (7) of Article 232 of the Constitution, read with clause (3) of the Article 233 thereof, the President's Order of the 14th of August, 1973, made under clause (2) of the said Article 233 and the continuance in force of the said Order for the period of six months following the expiration of the period mentioned in paragraph (a) of the said clause (7) of Article 232.". For resolution approving the continuance in force of the President's Order of the 14th of August , 1973, for a further period of six months, see Gazette of Pakistan, 1974, Extraordinary, Part III, page 343.

⁶²²   The following was omitted by Constitution (Eighteenth Amendment) Act, 2010, Section 88(i) (with effect from April 19, 2010) : "or otherwise".

⁶²³   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 88(ii) (with effect from April 19, 2010) for "at a joint sitting".

⁶²⁴   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶²⁵   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶²⁶   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶²⁷   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶²⁸   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶²⁹   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶³⁰   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶³¹   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶³²   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶³³   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶³⁴   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

Introductory

Part I: Introductory

1	The Republic and its territories (1) Pakistan shall be a Federal Republic to be known as the Islamic Republic of Pakistan, hereinafter referred to as Pakistan.  1[ (2) The territories of Pakistan shall comprise:- (a) the Provinces of  2[Balochistan] 2, the  3[Khyber Pakthunkhwa] 3, the Punjab and  4[Sindh] 4 ; (b) the Islamabad Capital Territory, hereinafter referred to as the Federal Capital; (c) Federally Administered Tribal Areas; and (d) such States and territories as are or may be included in Pakistan, whether by accession or otherwise. (3)  5[Majlis-e-Shoora (Parliament)] 5 may by law admit into the Federation new States or areas on such terms and conditions as it thinks fit. ] 1
2	Islam to be State religion Islam shall be the State religion of Pakistan.

 ⁶[

2A	The Objectives Resolution to form part of substantive provisions. The principles and provisions set out in the Objectives Resolution reproduced in the Annex are hereby made substantive part of the Constitution and shall have effect accordingly.

] ⁶

3	Elimination of exploitation The State shall ensure the elimination of all forms of exploitation and the gradual fulfillment of the fundamental principle, from each according to his ability to each according to his work.
4	Right of individuals to be dealt with in accordance with law, etc. (1) To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Pakistan. (2) In particular :- (a) no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law; (b) no person shall be prevented from or be hindered in doing that which is not prohibited by law; and (c) no person shall be compelled to do that which the law does not require him to do.
5	Loyalty to State and obedience to Constitution and law. (1) Loyalty to the State is the basic duty of every citizen. (2) Obedience to the Constitution and law is the  7[inviolable] 7 obligation of every citizen wherever he may be and of every other person for the time being within Pakistan.
6	High treason  8[ (1) Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason. ] 8 (2) Any person aiding or abetting  9[or collaborating] 9 the acts mentioned in clause (1) shall likewise be guilty of high treason.  10[ (2A) An act of high treason mentioned in clause (1) or clause (2) shall not be validated by any court including the Supreme Court and a High Court. ] 10 (3)  11[Majlis-e-Shoora (Parliament)] 11 shall by law provide for the punishment of persons found guilty of high treason.

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Notes

¹   Substituted by Constitution (First Amendment) Act, 1974 (33 of 1974), Section 2 (with effect from May 4, 1974) for :

(2)	The Constitution shall apply to the following territories of Pakistan: (a) the Provinces of Baluchistan, the North-West Frontier, the Punjab and Sind; (b) the Islamabad Capital Territory, hereinafter referred to as the Federal Capital; (c) the Federally Administered Tribal Areas and (d) such States and territories as are or may be included in Pakistan, whether by accession or otherwise.
(3)	The Constitution shall be appropriately amended so as to enable the people of the Province of East Pakistan, as and when foreign aggression in that Province and its effects are eliminated, to be represented in the affairs of the Federation.
(4)	Parliament may by law admit into the Federation new States or areas on such terms, and conditions as it thinks fit.

²   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 3 (with effect from April 19, 2010) for "Baluchistan".

³   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 3 (with effect from April 19, 2010) for "North-West Frontier".

⁴   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 3 (with effect from April 19, 2010) for "Sind".

⁵   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶   Inserted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art.2 and Sch.item 2 (with effect from March 2, 1985).

⁷   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 3 (with effect from March 2, 1985) for "basic".

⁸   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 4(i) (with effect from April 19, 2010) for :

(1)	Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.

⁹   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 4(ii) (with effect from April 19, 2010).

¹⁰   Inserted by Constitution (Eighteenth Amendment) Act, 2010, Sect. 4(iii) (with effect from April 19, 2010).

¹¹   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Sch. item 1 (with effect from March 2, 1985) for "Parliament".

Part IX: "Islamic Provisions"

Part IX: Islamic Provisions

227	Provisions relating to the Holy Qur'an and Sunnah. (1) All existing laws shall be brought in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah, in this Part referred to as the Injunctions of Islam, and no law shall be enacted which is repugnant to such Injunctions.  596[Explanation:- In the application of this clause to the personal law of any Muslim sect, the expression "Quran and Sunnah" shall mean the Quran and Sunnah as interpreted by that sect.] 596   (2) Effect shall be given to the provisions of clause (1) only in the manner provided in this Part.   (3) Nothing in this Part shall affect the personal laws of non-Muslim citizens or their status as citizens.
228	Composition, etc. of Islamic Council (1) There shall be  597 constituted within a period of ninety days from the commencing day a Council of Islamic Ideology, in this part referred to as the Islamic Council.   (2) The Islamic Council shall consist of such members, being not less than eight and not more than  598[twenty] 598, as the President may appoint from amongst persons having knowledge of the principles and philosophy of Islam as enunciated in the Holy Quran and Sunnah, or understanding of the economic, political, legal or administrative problems of Pakistan.   (3) While appointing members of the Islamic Council the President shall ensure that: (a) so far as practicable various schools of thought are represented in the Council; (b) not less than two of the members are persons each of whom is, or has been, a Judge of the Supreme Court or of a High Court; (c) not less than  599[one-third] 599 of the members are persons each of whom has been engaged, for a period of not less than fifteen years, in Islamic research or instruction; and (d) at least one member is a woman.    600[ (4) The President shall appoint one of the members of the Islamic Council to be the Chairman thereof.   ] 600 (5) Subject to clause (6) a member of the Islamic Council shall hold office for a period of three years.   (6) A member may, by writing under his hand addressed to the President, resign his office or may be removed by the President upon the passing of a resolution for his removal by a majority of the total membership of the Islamic Council.
229	Reference by  601[Majlis-e-Shoora (Parliament)] 601, etc. to Islamic Council. The President or the Governor of a Province may, or if two-fifths of its total membership so requires, a House or a Provincial Assembly shall, refer to the Islamic Council for advice any question as to whether a proposed law is or is not repugnant to the Injunctions of Islam.
230	Functions of Islamic Council. (1) The functions of the Islamic Council shall be, (a) to make recommendations to  602[Majlis-e-Shoora (Parliament)] 602 and the Provincial Assemblies as to the ways and means of enabling and encouraging the Muslims of Pakistan to order their lives individually and collectively in all respects in accordance with the principles and concepts of Islam as enunciated in the Holy Quran and Sunnah; (b) to advise a House, a Provincial Assembly, the President or a Governor on any question referred to the Council as to whether a proposed law is or is not repugnant to the Injunctions of Islam; (c) to make recommendations as to the measures for bringing existing laws into conformity with the Injunctions of Islam and the stages by which such measures should be brought into effect; and (d) to compile in a suitable form, for the guidance of  603[Majlis-e-Shoora (Parliament)] 603 and the Provincial Assemblies, such Injunctions of Islam as can be given legislative effect.   (2) When, under Article 229, a question is referred by a House, a Provincial Assembly, the President or a Governor to the Islamic Council, the Council shall, within fifteen days thereof, inform the House, the Assembly, the President or the Governor, as the case may be, of the period within which the Council expects to be able to furnish that advice.   (3) Where a House, a Provincial Assembly, the President or the Governor, as the case may be, considers that, in the public interest, the making of the proposed law in relation to which the question arose should not be postponed until the advice of the Islamic Council is furnished, the law may be made before the advice is furnished: Provided that, where a law is referred for advice to the Islamic Council and the Council advises that the law is repugnant to the Injunctions of Islam, the House or, as the case may be, the Provincial Assembly, the President or the Governor shall reconsider the law so made.   (4) The Islamic Council shall submit its final report within seven years of its appointment, and shall submit an annual interim report. The report, whether interim or final, shall be laid for discussion before both Houses and each Provincial Assembly within six months of its receipt, and Majlis-e-Shoora (Parliament) and the Assembly, after considering the report, shall enact laws in respect thereof within a period of two years of the final report.
231	Rules of procedure. The proceedings of the Islamic Council shall be regulated by rules of  604 procedure to be made by the Council with approval of the President.

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Notes

⁵⁹⁶   Inserted by Constitution (Third Amendment) Order, 1980 (President's Order No. 14 of 1980), Section 2 (with effect from September 17, 1980).

⁵⁹⁷   For the notification constituting the Council of Islamic Ideology, see Gazette of Pakistan, 1974, Extraordinary, part II, Page 165. For the Council of Islamic Ideology (Terms and Conditions of Members) Rules, 1974, see Gazette of Pakistan, 1974, Extraordinary, Part II, page 1727.

⁵⁹⁸   Substituted by Constitution (Fourth Amendment) Order, 1980 (President's Order No. 16 of 1980), Section 2 (with effect from November 30, 1980) for "fifteen".

⁵⁹⁹   Substituted by Constitution (Eighteenth Amendment) Act, 2010, Section 85 (with effect from April 19, 2010) for "four".

⁶⁰⁰   Substituted by Constitution (Fourth Amendment) Order, 1982 (President's Order No. 13 of 1982), Section 2 (with effect from September 22, 1982) for :

(4)	The President shall appoint one of the members referred to in paragraph (b) of clause (3) to be the Chairman of the Islamic Council.

⁶⁰¹   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶⁰²   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶⁰³   Substituted by Revival of Constitution of 1973 Order, 1985 (President's Order No. 14 of 1985), Art 2, Sch. item 1 (with effect from March 2, 1985) for "Parliament".

⁶⁰⁴   For the Council of Islamic Ideology (Procedure) Rules, 1974, see Gazette of Pakistan, 1974, Extraordinary, Part II, pages 771-773.

Preamble

12th April, 1973

Preamble

Whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust;

And whereas it is the will of the people of Pakistan to establish an order :-

Wherein the State shall exercise its powers and authority through thechosen representatives of the people;

Wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed;

Wherein the Muslims shall be enabled to order their lives in theindividual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and Sunnah;

Wherein adequate provision shall be made for the minorities freely to profess and practise their religions and develop their cultures;

Wherein the territories now included in or in accession with Pakistan and such other territories as may hereafter be included in or accede to Pakistan shall form a Federation wherein the units will be autonomous with such boundaries and limitations on their powers and authority as may be prescribed;

Therein shall be guaranteed fundamental rights, including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality;

Wherein adequate provision shall be made to safeguard the legitimate interests of minorities and backward and depressed classes;

Wherein the independence of the judiciary shall be fully secured;

Wherein the integrity of the territories of the Federation, itsindependence and all its rights, including its sovereign rights on land, sea and air, shall be safeguarded;

So that the people of Pakistan may prosper and attain their rightful and honoured place amongst the nations of the World and make their full contribution towards international peace and progress and happiness of humanity :

Now, therefore, we, the people of Pakistan,

Cognisant of our responsibility before Almighty Allah and men;

Cognisant of the sacrifices made by the people in the cause of Pakistan;

Faithful to the declaration made by the Founder of Pakistan, Quaid-i-Azam Mohammad Ali Jinnah, that Pakistan would be a democratic State based on Islamic principles of social justice;

Dedicated to the preservation of democracy achieved by the unremitting struggle of the people against oppression and tyranny;

Inspired by the resolve to protect our national and political unity and solidarity by creating an egalitarian society through a new order;

Do hereby, through our representatives in the National Assembly, adopt, enact and give to ourselves, this Constitution.