12: General Provisions
This part of the constitution dealt with Islamic
provisions, appointment of special councils and boards, provisions
relating to states and rulers, scheduled castes and backward classes,
miscellaneous, interpretation of the constitution, its commencement
and repeal of the previous constitutions.
Part 12: General Provisions
1: Islamic Provisions
(1) The President shall set up an organization
for Islamic research and instruction in advanced studies to assist
in the reconstruction of Muslim society on a truly Islamic basis.
(2) Parliament may by Act provide for a special
tax to be imposed upon Muslims for defraying expenses of the organization
set up under clause (1), and the proceeds of such tax shall not,
notwithstanding anything in the Constitution, from part of the Federal
(1) No law shall be enacted which is repugnant
to the Injunctions of Islam as laid down in the Holy Quran and Sunnah,
hereinafter referred to as Injunctions of Islam, and existing law
shall be brought into conformity with such Injunctions.
(2) Effect shall be given to the provisions
of clause (1) only in the manner provided in clause (3).
(3) Within one year of the Constitution Day,
the President shall appoint a Commission-
(a) to make recommendations-
(i) as to the measures for bringing existing
law into conformity with the Injunctions of Islam, and
(ii) as to the stages by which such measures
should be brought into effect; and
(b) to compile in a suitable form, for the
guidance of the National and Provincial Assemblies, such Injunctions
of Islam as can be given legislative effect.
The Commission shall submit its final report
within five years of its appointment, and may submit any interim
report earlier. The report, whether interim or final, shall be laid
before the National Assembly within six months of its receipt, and
the Assembly after considering the report shall enact laws in respect
(4) Nothing in this Article shall affect the
personal laws of non-Muslim citizens, or their status as citizens,
or any provision of the Constitution.
Explanation: In the application of
this Article to the personal law of any Muslim sect, the expression
"Quran and Sunnah" shall mean the Quran and Sunnah as
interpreted by that sect.
Chapter 2: Appointment of
special councils and boards
(1) As soon as may be after the Constitution
Day, the President shall constitute a National Economic Council,
hereinafter to be called the Council, consisting of four Ministers
of the Federal Government, three Ministers of each Provincial Government,
and the Prime Minister, who shall be ex officio Chairman of the
(2) The Council shall review the overall economic
position of the country and shall, for advising the Federal and
Provincial Governments, formulate plans in respect of financial,
commercial and economic policies; and in formulating such plans,
the Council shall aim at ensuring that uniform standards are attained
in the economic development of all parts of the country.
(3) The Council may, from time to time, appoint
such committees or expert bodies as it considers necessary for the
discharge of its functions.
(4) In the implementation of the aforesaid plans,
the President shall take suitable steps to decentralise the administration
by setting up, in each Province, necessary administrative machinery
to provide the maximum convenience to the people; and expeditious
disposal of Government business and public requirements.
(5) Nothing in this Article shall affect the
exercise of the executive authority of the Federation or the Provinces.
(6) The Council shall submit every year to the
National Assembly a report on the results obtained and the progress
made in the achievement Qf its objects, and copies of the reports
shall also be laid before each Provincial Assembly.
(1) The President shall appoint a Board for
each Province consisting of representatives of the Federal Government
and the Government of the Province, to advise the Federal Government
on matters relating to Posts and Telegraphs in the Province.
(2) Notwithstanding anything in the Constitution,
recruitment to posts and services, other than Class I, in the Posts
and Telegraphs Department in a Province shall be made from amongst
persons domiciled in that Province.
Chapter 3: Provisions relating
to states and rulers
Notwithstanding anything in the Constitution, the
President may, by Order, make provision for representation in the
National Assembly of the territories mentioned in sub-clauses (b),
(c) and (d) of clause (2) of Article, 1, provided that equality
of representation between East Pakistan and West Pakistan is preserved.
(1) Where, under any agreement made at any time before
or after the Constitution Day between the Government of Pakistan
and the Ruler of a State which at that time was in accession with
Pakistan, the payment of any sums free of tax has been guaranteed
or assured by the Government of Pakistan to that Ruler as his privy
purse, those sums shall be charged on the Federal Consolidated Fund
and shall be paid out of that Fund to the Ruler free of tax.
(2) Where the territories of any such Ruler as aforesaid
are comprised within a Province, there shall be charged on the Consolidated
Fund of that Province, and be paid out of that Fund to the Federal
Government, any sum which that Government has paid to the Ruler
under clause (1).
(3) In the exercise of any power to make laws, and
in the exercise of the executive authority of the Federation or
a Province, due regard shall be had to the guarantees or assurances
given under any such agreement as is referred to in clause (1) with
respect to the personal rights, privileges and dignities of the
Ruler of any such State as is referred to in that clause.
When the people of the State of Jammu and Kashmir
decide to accede to Pakistan, the relationship between Pakistan
and the said State shall be determined in accordance with the wishes
of the people of that State.
Chapter IV: Scheduled castes and backward classes
The castes, races and tribes, and parts or groups
within castes, races and tribes which, immediately before the Constitution
Day constituted the Scheduled Castes within the meaning of the Fifth
Schedule to the Government of India Act, 1935, shall, for the purposes
of the Constitution, be deemed to be the Scheduled Castes until
Parliament by law otherwise provides.
The Federal and Provincial Governments shall promote,
with special care the educational and economic interests of the
Scheduled Castes and backward classes in Pakistan, and shall protect
them from social injustice and exploitation.
(1) The President may appoint a Commission to investigate
the conditions of Scheduled Castes and backward classes in Pakistan
and make recommendations as to the steps to be taken and grants
to be made by the Federal backward classes, or Provincial Governments
to improve their conditions.
(2) The Commission appointed under clause (1) shall
investigate die metiers referred to them and submit a report to
the President with such recommendations as the Commissions thinks
fit, and copies of the report shall be laid before the National
Assembly and the Provincial Assemblies.
(1) There shall be a Special Officer for the Scheduled
and backward classes in Pakistan, to be appointed by the President.
(2) It shall be the duty of the Special Officer to
investigate all matters relating to the safeguards provided for
the Scheduled Castes and backward classes by Article 205, to investigate
the extent to which any recommendations of the Commission appointed
under Article 206 are carried out, and to report this findings to
the President at such intervals as the President may direct and
the President shall cause all such reports to be laid before the
Chapter 5: Miscellaneous
(1) No title, honour or decoration shall be conferred
by the State on any citizen, but the President may award decorations
in recognition of distinguished military or public service.
Explanation: In this clause "the State"
has the same meaning as in Part II.
(2) No citizen of Pakistan shall accept any title,
honour or decoration from any foreign State except with the approval
of the President.
The President shall have power to grant pardons, reprieves
and respites, and to remit, suspend or commute any sentence passed
by any court, tribunal or authority established by law.
(1) Notwithstanding anything in the Constitution,
special provisions the President may, by public notification, direct
that, for a period not exceeding three months from such date as
may be specified in the notification-
(a) any law made by Parliament, or by a Provincial
Legislature shall not apply to any major port or aerodrome, or shall
apply thereto subject to such exceptions and modifications as may
be specified in the notification; or
(b) any existing law cease to have effect in so far
as it applies to any major port or aerodrome, except as respects
things done or omitted to be done before the aforesaid date, or
shall in its application to such port or aerodrome, have effect
subjet to such exceptions or modifications as may be specified in
Explanation: In this Article "aerodrome"
means an aerodrome as defined in any law relating to airways, aircraft
or air navigation.
(1) Parliament shall by law provide for the determination
of the area of the Federal Capital, and until such a law is passed
the area which immediately before the Constitution Day was comprised
in the Capital of the Federation shall continue to be the Federal
(2) The administration of the Federal Capital shall
vest in the President who may, by Order, make such provision as
he may deem necessary or proper-
(a) for its government and administration;
(b) with respect to the laws which are to be in force
(c) with respect to the jurisdiction, expenses or
revenues of any court exercising the jurisdiction of a High Court
(d) with respect to apportionments and adjustments,
of and in respect of assets and liabilities;
(e) for authorizing expenditure from the revenues
of the Federation; and
(f) with respect to other supplemental, incidental
and consequential matters.
(3) Notwithstanding anything in the Constitution,
Parliament shall have power to make laws for the Federal Capital
with respect to matters enumerated in the Provincial List and matters
not enumerated in any List in the Fifth Schedule, other than matters
relating to the High Courts.
The remuneration and other privileges of a person
holding the office of President, Minister of the Federal or a Provincial
Government, Speaker or Deputy Speaker of the National or a Provincial
Assembly, Governor, Comptroller and Auditor General, member of a
Public Service Commission, Election Commissioner, or Regional Election
Commissioner, or member of the Delimitation Commission shall not
be varied to his disadvantage during this term of office.
Neither the President nor the Governor of a Province,
shall be answerable to any court for the exercise of powers and
performance of duties of his office, or for any act done or purported
to be done in the exercise of those powers and performance of those
Provided that nothing in this Article shall be construed
as restricting the right of any person to bring appropriate proceedings
against the Federal Government or a Provincial Government.
(1) The State languages of Pakistan shall be Urdu
Provided that for the period of twenty years from
the Constitution Day, English shall continue to be used for all
official purposes for which it was used in Pakistan immediately
before the Constitution Day, and Parliament may by Act provide for
the use of English after the expiration of the said period of twenty
years, for such purposes as may be specified in that Act.
(2) On the expiration of ten years from the Constitution
Day, the President shall appoint a Commission to make recommendations
for the replacement of English.
(3) Nothing in this Article shall prevent a Provincial
Government from replacing English by either of the State languages
for use in that Province before the expiration of the said period
of twenty years.
A person elected or appointed to any office mentioned
in the Second Schedule shall before entering upon the office make
and subscribe an oath or affirmation in accordance with that Schedule.
(1) The Constitution or any provision thereof may
be amended or repealed by an Act of Parliament if a Bill for that
purpose is passed by a majority of the total number of members of
the National Assembly, and by the votes of not less than two-thirds
of the members of that Assembly present and voting, and is assented
to by the President.
Provided that if such a Bill provides for the amendment
or repeal of any of the provisions contained in Articles 1, 31,
39, 44, 77, 106, 118, 119, 199, or this Articles, it shall not be
presented to the President for his assent unless it has been approved
by a resolution of each Provincial Assembly, or if it applies to
one Province only, of the Provincial Assembly of that Province:
Provided further that the Schedules, other than the
Fifth Schedule and Part VI of the Fourth Schedule, may be amended
or repealed if a Bill for that purpose is passed by a majority of
the members present and voting and is assented to by the President:
Provided further that Provincial Legislature may by
law make provision with respect to matters specified in Part IV
of the Fourth Schedule.
(2) A certificate under the hand of the Speaker of
the National Assembly that a Bill has been passed in accordance
with the provisions of clause (1) shall be conclusive, and shall
not be questioned in any court.
Until other provision in that behalf is made by law,
the provisions of the Fourth Schedule shall apply in respect of
the matters specified therein.
Chapter 6: Interpretation
(1) In the Constitution, unless the context otherwise
requires, the Definitions, etc. following expressions shall have
the meanings hereby respectively assigned to them, that is to say-
"Act of Parliament" means a Bill passed
by the National Assembly and assented to by the President, and includes
an Ordinance made by the President in accordance with the Constitution:
"Act of a Provincial Legislature" means
a Bill passed by a Provincial Assembly and assented to by the Governor
or the President, and includes an Ordinance made by the Governor
in accordance with the Constitution;
"agricultural income" means agricultural
income as defined for the purposes of the enactments relating to
, "Article" means an Article of the Constitution:
"borrow" includes the raising of money by the grant of
annuities and "loan" shall be construed accordingly;
"casual vacancy" means a vacancy arising
in the National or a Provincial Assembly otherwise than by reason
of the dissolution of the Assembly;
"citizen" or "citizen of Pakistan" means a person
who is a citizen of Pakistan according to the law relating to citizenship:
"clause" means a clause of the Article in
which the expression occurs;
"Concurrent List" means the Concurrent List
in the Fifth Schedule;
"Constituent Assembly" means the Constituent
Assembly of the Dominion of Pakistan;
"Constitution Day" means the day fixed by
the Constituent Assembly under clause (4) of Article 222;
"corporation tax" means any tax on income,
so far as that tax is payable by companies and is a tax in the case
of which the following conditions are fulfilled :
(a) that it is not chargeable in respect of agricultural
(b) that no deduction in respect of the tax paid by
companies is, by any enactments which may apply to the tax, authorized
to be made from dividends payable by the companies to individuals;
(c) that no provision exists for taking the tax so
paid into account in computing for the purposes of income-tax the
total income of individuals receiving such dividends or in computing
the income-tax payable by, or refundable to such individuals;
"court" does not include the National or
a Provincial Assembly or any committee of such an Assembly;
"debt" includes any liability in respect
of any obligation to repay capital sums by way of annuities and
any liability under any guarantee, and "debt charges"
shall be construed accordingly;
"elector" means a person whose name is included
in an electoral roll prepared in accordance with the Constitution;
"estate duty" means a duty to be assessed
on, or by reference to the principal value, ascertained in accordance
with such rules as may be prescribed by or under any Act of Parliament
relating to the duty of all property passing upon death or deemed,
under the provisions of the said Act, so to pass;
"existing law" means any Act, Ordinance,
order, byelaw, rule, regulation or notification which immediately
before the Constitution Day has the force of law in the whole or
any part of Pakistan.
"Federal Court" means the Federal Court
established under the Government of India Act, 1935, and functioning
as such immediately before the Constitution Day;
"Federal List" means the Federal List in
the Fifth Schedule;
"Federation" means the Islamic Republic
"Governor-General" means the Governor-General
of the Dominion of Pakistan;
"guarantee" includes any obligation undertaken
before the Constitution Day to make payments in the event of the
profits of an undertaking falling short of a specified amount;
"legal proceedings" include a suit, an appeal
or an application, or any cause or matter pending before a court
of law for adjudication;
"Part" means a Part of the Constitution;
"pension" means a pension, whether contributory
or not, of any kind whatsoever payable to, or in respect of, any
person, and includes retired pay so payable, or gratuity so payable,
and any sum or sums so payable by way of the return, with or without
interet thereon, or any addition thereto, of subscriptions to a
"Provincial List" means the Provincial List
in the Fifth Schedule;
"Public notification" means, in relation
to the Federation, a notification in the Gazette of Pakistan, and
in relation to a Province, a notification in the Official Gazette
of the Province;
"remuneration" includes salary, allowances
"Schedule" means a Schedule to the Constitution;
"Scheduled Caste" means a Scheduled Caste
determined in accordance with the provisions of Article 204;
"securities" includes stock.
"service of Pakistan" means any service
or post in connection with the affairs of the Federation or of a
Province, and includes any defence service, and any other service
declared as a service of Pakistan by or under an Act of Parliament
or of a Provincial Legislature, but does not include service as
Governor-General, President, Governor, Speaker or Deputy Speaker,
of the National or a Provincial Assembly, Minister of the Federal
or a ProvincialGovernment, Minister of State or Deputy Minister
of the Federal Government, Deputy Minister or Parliamentary Secretary
of a Provincial Government, Judge of the Supreme Court or a High
Court, or Comptroller and Auditor-General; and "Servant of
Pakistan" shall be construed accordingly;
"Special Areas" means the areas of the Province
of West Pakistan which immediately before the commencement of the
Establishment of West Pakistan Act, 1955, were-
(a) the tribal areas of Baluchisan, the Pubjab and
the North-West Frontier, and
(b) the States of Amb, Chitral, Dir and Swat;
"sub-clause" means a sub-clause of the clause
in which the expression occurs;
"taxation" includes the imposition of any
tax or impost, whether general, local or special, and
"tax" shall be construed accordingly;
"tax on income" includes a tax in the nature
of an excess profits tax, or business profits tax.
(2) Where under the Constitution something is required
to be specified it shall be specified, if no specifying authority
has been prescribed, by the President.
(3) For the avoidance of doubt it is hereby declared
that a session of the National or a Provincial Assembly shall be
taken to commence at the beginning of the first meeting of the Assembly
after a general election or prorogation and to end with the prorogation
or dissolution of the Assembly, and references in the Constitution
to an Assembly's being in session shall be construed accordingly.
(1) Unless the context otherwise requires, the General
Clauses Act, 1897, shall apply for the interpretation of the Constitution
as it applies for the interpretation of a Central Act, as if the
Constitution were a Central Act.
(2) For the application of the General Clauses Act,
1897, to the interpretation of the Constitution, the Acts repealed
by the Constitution shall be deemed to be Central Acts.
Chapter 7: Commencement and repeal
This Article and Articles 218, 219 and 222 shall come into force
at once, and the remaining provisions of the Constitution shall
come into force on the Constitution Day.
The Government of India Act, 1935, and the Indian
Independence Act, 1947, together with all enactments amending or
supplementing those Acts, are hereby repealed:
Provided that the repeal of the provisions of the
Government of India Act, 1935, applicable for the purposes of Article
230 shall not take effect until the first day of April, 1957.
Source: Documents and Speeches on the Constitution
By G. W. Choudhury (1967). Green Book House, Dacca (East Pakistan)
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