Part 2: Principles of Law-making and of Policy

Part 2 consisted of articles 5 to 9, and it had two chapters. The first chapter (articles 5 to 8) defined the principles of law-making, which basically constituted the fundamental rights, but were not enforceable by courts of law in the original constitution - later amended on popular outcry. The second chapter (article 9) stated the principles of policy.

Part 2: Principles of Law-making and of Policy

Chapter 1: Principles of Law-Making
Chapter 2: Principles of Policy

Chapter 1. Principles of Law-making

Article 5

The Principles set out in this Chapter shall be known as the Principles of Law-making and it is the responsibility of each legislature to ensure that a proposed law is not made by it if the proposed law disregards, violates or is otherwise not in accordance with those Principles. {Principles of Law-making}

Article 6

(1) The responsibility of deciding whether a proposed law does or does not disregard or violate, or is or is not otherwise in accordance with, the Principles of Law-making is that of the legislature concerned, but the National Assembly, a Provincial Assembly, the President or the Governor of a Province may refer to the Advisory Council of Islamic Ideology for advice any question that arises as to whether a proposed law disregards or violates, or is otherwise not in accordance with, those Principles. {Responsibility with respect to Principles of Law-making}

(2) The validity of a law shall not be called in question on the ground that the law disregards, violates or is otherwise not in accordance with the Principles of Law-making.

Principles of law-making

1. Islam.

No law should be repugnant to Islam.

2. Equality of Citizens.

All citizens should be equal before the law, be entitled to equal protection of the law and be treated alike in all respects.

This Principle may be departed from where -

In the interest of equality itself, it is necessary to compensate for existing inequalities, whether natural, social, economic or of any other kind;

In the interest of the proper discharge of public functions, it is necessary -

To give to persons performing public functions powers, protections or facilities that are not given to other persons; or

To impose on persons performing public functions obligations or disciplinary controls that are not imposed on other persons; or

It is necessary in the interest of the security of Pakistan or otherwise in the interest of the State to depart from this Principle,

But, where this Principle is departed from, it should be ensured that no citizen gets an undue preference over another citizen and no citizen is placed under a disability, liability or obligation that does not apply to other citizens of the same category.

This Principle shall not be construed as preventing a legislature from making laws different from laws made by any other legislature.

3. Freedom of Expression

No law should impose any restriction on the freedom of a citizen to give expression to his thoughts.

This Principle may be departed from where it is necessary so to do -

In the interest of the security of Pakistan;

For the purpose of ensuring friendly relations with foreign States;

For the purpose of ensuring the proper administration of justice;

In the interest of public order;

For the purpose of preventing the commission of offences;

In the interest of decency or morality;

For the purpose of granting privilege, in proper cases, to particular proceedings; or

For the purpose of protecting persons in relation to their reputation.

4. Freedom of Association.

No law should impose any restriction on the freedom of citizens to assemble peacefully and without arms, or to form associations or unions.

This Principle may be departed from where it is necessary so to do-

In the interest of the security of Pakistan;

In the interest of public order;

For the purpose of preventing the commission of offences;

In the interest of decency or morality; or

For the purpose of protecting persons in relation to their health or property.

5. Freedom of Movement and Right to Acquire Property.

No law should impose any restriction-

On the freedom of a citizen to move throughout Pakistan or to reside or settle in any part of Pakistan; or

On the freedom of a citizen to acquire, hold or dispose of property in any part of Pakistan.

This Principle may be departed from where it is necessary so to do in the public interest.

6. Freedom to Follow Vocation.

No law should impose any restriction on the freedom of a citizen to engage in any profession, trade, business, occupation or employment, or otherwise to follow the vocation of his choice.

This Principle may be departed from where it is necessary so to do-

In the interest of the security of Pakistan;

In the interest of decency or morality;

For the purpose of regulating, in the public interest, any profession or trade by a licensing system;

For the purpose of ensuring, in the public interest, that, where a profession or trade requires special qualifications or skill, only persons possessing those qualifications or that skill engage in the profession or trade;

For the purpose of ensuring, in the public interest, that a trade, business, industry or service may be carried on by or on behalf of the State or an organ of the State to the exclusion, in whole or in part, of other persons; or

For the purpose of ensuring, in the public interest, the development of Pakistan and of its resources and industries.

7. Freedom of Religion

No law should-

Prevent the members of a religious community or denomination from professing, practicing or propagating, or from providing instruction in, their religion, or from conducting institutions for the purposes of or in connection with their religion;

Require any person to receive religious instruction, or to attend a religious ceremony or religious worship, relating to a religion other than his own;

Impose on any person a tax the proceeds of which are to be applied for the purpose of a religion other than his own;

Discriminate between religious institutions in the granting of exemptions or concessions in relation to any tax; or

Authorize the expenditure of public moneys for the benefits of a particular religious community or denomination except moneys raised for that purpose.

8. Safeguards in Relation to Arrest and Detention.

A law authorizing the arrest or detention of persons should ensure that a person arrested or detained under the law-

Is informed of the grounds of his arrest or detention at the time he is arrested or detained or as soon thereafter as is practicable;

Is taken before the nearest Magistrate within a period of twenty-four hours after he is arrested or detained, excluding the time necessary to convey him to the Magistrate;

Is released from custody at the expiration of that period unless further detention is authorized by a Magistrate; and

Is at liberty to consult, and to be represented and defended by a legal practitioner of his choice.

This Principle does not apply to a law authorizing the arrest or detention of enemy aliens or providing for preventive detention, but law providing for preventive detention-

Should be made only in the interest of the security of Pakistan or of public safety;

Should ensure that (except where the President or the Governor of a Province, in the interest of the security of Pakistan, directs otherwise) a person detained under the law is informed of the grounds of his detention at the time he is detained or as soon thereafter as is practicable; and

Should ensure that a person is not detained under the law for a period longer than three months without the authority of a Board consisting of

Where the law is a Central Law - a Judge of the Supreme Court, who shall be nominated by the Chief Justice of that Court, and another senior officer in the service of Pakistan, who shall be nominated by the President; or

Where the law is a Provincial Law - a Judge of the High Court of the Province concerned, who shall be nominated by the Chief Justice of that Court, and another senior officer in the service of Pakistan, who shall be nominated by the Government of that Province.

9. Protection against Retrospective Punishment.

No law should authorize-

The punishment of a person for an act or omission that was not punishable by law at the time of the act or omission; or

The punishment of a person 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.

10. Regulation of Compulsory Acquisition of Property.

No law should authorize the compulsory acquisition, or the compulsory taking possession, of property except for a public purpose.

A law that authorizes the compulsory acquisition, or the compulsory taking possession, of property should provide for the payment of compensation for the property, and either fix the amount of the compensation or specify the principles on which, and the manner in which, the compensation is to be determined.

These Principles may be departed from-

For the purpose of permitting the destruction, the acquisition or the taking possession of property in order to prevent or reduce danger to life, health or property;

For the purpose of ensuring the proper management, for a limited period, of any property for the benefit of its owner; or

In relation to property which is or is deemed to be evacuee property under any law.

For the purpose of these Principles, "public purpose" includes the purpose of acquiring, in the public interest, any industrial, commercial or other undertaking which is of benefit to the public, any interest in such an undertaking or any land for use in connection with such an undertaking.

11. Protection against Forced Labour

No law should permit forced labour in any form.

This Principle may be departed from in relation to-

The punishment of persons for offences against the law; and

The compulsory service of persons for public purposes or otherwise in the public interest (whether by way of conscription or in any other way).

12. Public Educational Institutions

No law should, on the ground of race, religion, caste or place of birth, deprive any citizen of the right to attend any educational institution that is receiving aid from public revenues.

This Principle may be departed from for the purpose of ensuring that a class of citizens that educationally backward shares in available educational facilities.

13. Access to Public Places

No law should deny to any person access to a public place (other than a place intended solely for religious purposes) on the ground of race, religion, caste or place of birth.

14. Protection of Languages, Scripts and Cultures

No law should prevent any section of the community from having a distinct language, script or culture of its own.

15. Protection against Slavery

No law should permit or in any way facilitate the introduction into Pakistan of slavery in any form.

16. Practice of Untouchability Forbidden

No law should permit or in any way facilitate the introduction into Pakistan of the practice of untouchability in any form.

Chapter 2. Principles of Policy

Article 7

1. The Principles set out in this Chapter shall be known as the Principles of Policy and it is the responsibility of each organ and authority of the State, and of each person performing functions on behalf of an organ or authority of the State, to act in accordance with those Principles in so far as they relate to the functions of the organ or authority.

2. In so far as the observance of any particular Principles of Policy may be dependent upon resources being available for the purpose, the Principle shall be regarded as being subject to the availability of resources.

Article 8

1. The responsibility of deciding whether any action of an organ or authority of the State, or of a person performing functions on behalf of an organ or authority of the State, is in accordance with the Principles of Policy is that of the organ or authority of the State, or of the person, concerned. {Responsibility with respect to Principles of Policy}

2. The validity of an action or of a law shall be called in question on the ground that it is not in accordance with the Principles of Policy, and no action shall lie against the State, any organ or authority of the State or any person on such a ground.

Principles of Policy

1. Islamic way of life

1. The Muslims of Pakistan should be enabled, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam, and should be provided with facilities whereby they may be enabled to understand the meaning of life according to those principles and concepts.

2. The teaching of the Holy Quran and Islamiat to the Muslims of Pakistan should be compulsory.

3. Unity and the observance of Islamic moral standards should be promoted amongst the Muslims of Pakistan.

4. The proper organization of zakat, wakfs and mosques should be ensured.

2. National Solidarity

Parochial, racial, tribal, sectarian and provincial prejudices amongst the citizens should be discouraged.

3. Fair Treatment to Minorities

The legitimate rights and interests of the minorities should be safeguarded, and the members of minorities should be given due opportunity to enter the service of Pakistan.

4. Promotion of Interests of Backward Peoples

Special care should be taken to promote the educational and economic interests of people of backward classes or in backward areas.

5. Advancement of Under-privileged Castes, etc.

Steps should be taken to bring on terms of equality with other persons the members of under-privileged castes, races, tribes and groups and, to this end, the under-privileged castes, races, tribes and groups within a Province should be identified by the Government of the Province and entered in a schedule of under-privileged classes.

6. Opportunities to Participate in National Life, etc.

The people of different areas and classes, through education, training, industrial development and other methods, should be enabled to participate fully in all forms of national activities, including employment in the service of Pakistan.

7. Education

Illiteracy should be eliminated, and free and compulsory primary education should be provided for all, as soon as is practicable.

8. Humane Conditions of Work

Just and humane conditions of work should be provided and children and women should not be employed in vocations unsuited to their age and sex, and maternity benefits should be provided for women in employment.

9. Well-being of the People

The well-being of the people, irrespective of caste, creed or race, should be secured-

(a) By raising the standard of living of the common man;

(b) By preventing the undue concentration of wealth and means of production and distribution in the hands of a few, to the detriment of the interest of the common man; and

(c) By ensuring an equitable adjustment of rights between employers and employees and between landlords and tenants.

10. Opportunity to Gain Adequate Livelihood

All citizens should have the opportunity to work and earn an adequate livelihood, and also to enjoy reasonable rest and leisure.

11. Social Security

All persons in the service of Pakistan or otherwise employed should be provided with social security by means of compulsory social insurance or otherwise.

12. Provision of Basic Necessities

The basic necessities of life, such as food, clothing, housing, education and medical treatment, should be provided for citizens who, irrespective of caste, creed or race, are permanently or temporarily unable to earn their livelihood on account of infirmity, disability, sickness or unemployment.

13. Administrative Offices to be provided for Public Convenience

Administrative offices and other services should, so far as practicable, be provided in places where they will best meet the convenience and requirements of the public.

14. Entry into Service of Pakistan not to be Denied on Grounds of Race, etc.

No citizen should be denied entry into the service of Pakistan on the grounds of race, religion, caste, sex or place of residence or birth.

This Principle may be departed from where, in the public interest-

(a) It is desirable that-

(i) A person who is to perform functions in relation to a particular area should be a resident of that area; and

(ii) A person who is to perform functions of a particular kind should be of a particular sex; or

(b) It is necessary so to do for the purpose of ensuring that, in relation to the Central Government, persons from all parts of Pakistan, and, in relation to a Provincial Government, persons from all parts of the Province concerned, have an opportunity of entering the service of Pakistan.

15. Reduction of Disparity in Remuneration for Public Services

Disparity in the remuneration of persons in the various classes of the service of Pakistan should, within reasonable and practicable limits, be reduced.

16. Parity between the Provinces in Central Government

Parity between the Provinces in all spheres of the Central Government should, as nearly as is practicable, be achieved.

17. Service in the Defence Services

Persons from all parts of Pakistan should be enabled to serve in the Defence Services of Pakistan.

18. Elimination of Riba

Riba (Usury) should be eliminated.

19. Prostitution, Gambling and Drug-taking to be Discouraged

Prostitution, gambling and the taking of injurious drugs should be discouraged.

20. Consumption of Alcohol to be Discouraged

The consumption of alcoholic liquor (except for medicinal purposes and, in the case of non-Muslims, for religious purposes) should be discouraged.

21. Strengthening Bonds with the Muslim World, and Promoting International Peace.

The bonds of unity amongst Muslim countries should be preserved and strengthened, international peace and security should be promoted, goodwill and friendly relations amongst all nations should be fostered, and the settlement of international disputes by peaceful means should be encouraged.

Source: Documents and Speeches on the Constitution of Pakistan
By G. W. Choudhury (1967). Green Book House, Dacca (East Pakistan)

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