Part
10: Islamic Institutions
This part listed provisions for bringing the various
systems in the country in conformity with the presumed features
of an Islamic society.
Part 10: Islamic Institutions
Chapter 1. Advisory Council of Islamic
Ideology
Chapter 2. Islamic Research Institute
Chapter 1.
Islamic Institutions
Article 199
There shall be an Advisory Council of Islamic Ideology.
Article 200
The Council shall consist of such number of members,
being not less than five and not more than twelve, as the President
may determine.
Article 201
(1) Members of the Council shall be appointed by
the President on such terms and conditions as the President may
determine.
(2) The President shall, in selecting a person for
appointment to the Council, have regard to the person's understanding
and appreciation of Islam and of the economic, political, legal
and administrative problems of Pakistan.
Article 202
(1) A member of the Council shall, subject to this
Article, hold office for a period of three years from the date of
his appointment.
(2) If a resolution recommending the removal of a
member of the Council from office is passed by a majority of the
total number of members of the Council, the President may remove
that member from office, but a member shall not otherwise be removed
from office.
(3) A member of the Council may resign his office
by writing under his hand addressed to the President.
Article 203
The President shall appoint one of the members of
the Council to be the Chairman of the Council.
Article 204
(1) The functions of the Council shall be-
(a) to make recommendations to the Central Government
and the Provincial Governments as to means of enabling and encouraging
the Muslims of Pakistan to order their lives in all respects in
accordance with the principles and concepts of Islam [and to examine
all laws in force immediately before the commencement of the Constitution
(First Amendment) Act, 1963, with a view to bringing them into conformity
with the teachings and requirements of Islam as set out in the Holy
Quran and Sunnah]; and
Note: Text in parenthesis added by the Consitution
(First Amendment) Act, 1963 (1 of 1964), section 8.
[(b) to advise the National Assembly, a Provincial
Assembly, the President or a Governor on any question referred to
the Council under Article 8, that is to say, a question as to whether
a proposed law is or is not repugnant to the teachings and requirements
of Islam as set out in the Holy Quran and Sunnah.]
Note: Text in parenthesis substituted ibid.,
for the original sub-clause (b).
(2) When, under Article [8], a question is referred
by an Assembly, the President or a Governor to the Council for advice,
the Council shall, within seven days thereafter, inform the Assembly,
the President or the Governor, as the case requires, of the period
within which the Council expects to be able to furnish that advice.
Note: Text in parenthesis substituted ibid.,
for "6".
(3) Where the 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 is furnished, the law may
be made before the advice is furnished.
[205. (1)] The proceedings of the Council shall be
regulated by rules of procedure to be made by the Council with the
approval of the President.
Note: Article 205 re-numbered as clause (1)
of that Article, ibid., section 9.
[(2) The Council shall, not later than the fifteenth
day of January in each year, prepare a report in regard to its proceedings
during the year ending on the previous thirty-first day of December,
and submit the same to the President, who shall cause it to be laid
before the National Assembly.]
Note: Clause (2) added by the Constitution
(First Amendment) Act. 1963 (1 of 1964), section 9.
Article 206
In this Chapter, "the Council" means the
Advisory Council of Islamic Ideology.
Chapter 2. Islamic Research Institute
Article 207
(1) There shall be an organization to be known as
Islamic Research Institute, which shall be established by the President.
(2) The function of the Institute shall be to undertake
Islamic research and instruction in Islam for the purpose of assisting
in the reconstruction of Muslim society on a truly Islamic basis.
Source: Documents and Speeches on the Constitution
of Pakistan
By G. W. Choudhury (1967). Green Book House, Dacca (East Pakistan)
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