Objectives resolution

The Objectives Resolution proclaimed the following principles:

1. Sovereignty belongs to Allah alone but He has delegated it to the State of Pakistan through its
people for being exercised within the limits prescribed by Him as a sacred trust.
2. The State shall exercise its powers and authority through the chosen representatives of the
people.
3. The principles of democracy, freedom, equality, tolerance and social justice, as enunciated by
Islam, shall be fully observed.
4. Muslims shall be enabled to order their lives in the individual and collective spheres in
accordance with the teachings of Islam as set out in the Quran and Sunnah.
5. Adequate provision shall be made for the minorities to freely profess and practice their religions
and develop their cultures.
6. Pakistan shall be a federation.
7. Fundamental rights shall be guaranteed.
8. The judiciary shall be independent.

First Basic Principle Committees Report: 1950:
We are calling it 1
st
report because the BPC prepared more than one report so that we are
calling it 1
st
and 2
nd
report and so on so that we can identify the different efforts made by the BPC.So
the 1st report was presented to the constituent assembly in 195 and this report outlined certain
broad and !ey principles" it was not framing the constitution" it was identifying certain broad
principles. #hat was to ser$e as the basis and foundations of the constitution.
%et me mention certain recommendations which the BPC" s 1
st
report of 195 made so that you ha$e
an idea about the !ind of system they wanted to introduce in Pa!istan.
1. &irst important recommendation by the BPC report was that the 'b(ecti$e )esolution would be
included in the constitution of Pa!istan as the directi$e principles of policy as guideline of policy
ma!ing.
2. *nother important recommendation was that the head of the state that was to be named as the
president was to be elected by the (oint session of the parliament for fi$e years+ it means that a
person could hold the presidential office for fi$e years. #he president was gi$en some discretionary
powers and certain other categories of power were recommended to be assigned to the president.
*lthough the authority was to be e,ercised by the P-.
.. So for as the legislation was concerned the 1
st
report had recommended that there will be two
houses the upper house and the lower house and the principle recommended here for the composition
for the two houses was that the upper house all pro$incial units ha$e e/ual representation and in the
case of lower house recommendation was to be gi$en on the basis of population" it means that if a
pro$ince ha$e more population it will ha$e more representation and in that case 0ast Pa!istan had
more population than West Pa!istan and it had more representation in the lower house. So for as
powers were concerned powers were e/ually di$ided between the two houses that meant that both
houses had same !ind of powers
1. Cabinet and the P- were to be answerable to both houses of the parliament.
5. 2n this way it tried to pro$ide certain basic principles" howe$er this report was silent on the issue of
3ational %anguage what would be the 3ational %anguage of Pa!istan the report was silent and it didn4t
ma!e any !ind of recommendation.
Criticism:
When this report was presented to the Constituent *ssembly there was criticism in the house
and outside the house one basic criticism was on the issue of representation which was an important
issue the constituent assembly had to deal with and here we see that on the /uestion of
representation there was a criticism that if you pro$ide e/ual representation to all the units of a
federation then the Western part had more representation because the western part had more units
and there was only one unit in 0ast Bengal. So the feeling was that the Western part would ha$e more
representation. #hen there were couple of other issues that were raised in the constituent assembly
with reference to the 1
st
report. &or e,ample the issue of e/ual powers to both houses the general
principle is that the lower house has more powers and the upper house has less powers that is the
standard principle in the parliamentary system of go$t but here both houses had e/ual powers so this
was critici5ed and then the issue of national language that it should said something about national
language.
3ow !eeping in $iew this criticism it was decided that the BPC will re$iew the report in the
light of points raise and criticism in the constituent assembly. So the constituent assembly deliberated
on this so that the points raised in the constituent assembly and outside could be incorporated and the
report is made more acceptable to the representati$es. So it re$iewed the recommendations and
brought bac! the re$ised or the second report.
Second BPC Report 1952:
#he 2
nd
report or the re$ised report generally followed the same principles but it tried to
accommodate the criticism made on the 1
st
report and 2 will gi$e you (ust one or two e,amples to
illustrate my point that what !ind of changes it made in the 1
st
report.
1. 'ne issue was the /uestion of representation how should different pro$inces of Pa!istan one pro$ince
in the 0astern wing and more than one pro$ince or the administrati$e units in the Western part should
be pro$ided representation. So the 2
nd
report followed the principle of e/ual representation to both
wings of Pa!istan.6 members from the 0astern wing and 6 members from the Western wing or the
Western part and then these 6 seats allocated to the western part were further di$ided among the
different pro$inces of the western part. #he same principles applied to the lower house 2 seats were
gi$en to the Western part and 2 seats for the 0astern part and then again the western seats were
further di$ided among $arious pro$inces also different administrati$e units in the western part
of Pa!istan.
2. -ore powers were to be gi$en to the lower house the house which represents the people that was
gi$en more responsibility.
.. 2t also emphasi5ed that in Pa!istan law ma!ing would be n accordance with the principles of 2slam.
#his was in a way a reflection of the 'b(ecti$e )esolution where so$ereignty o$er entire uni$erse had
been assigned to *lmighty *llah and it was to be e,ercised by the state ofPa!istan through the
representati$es of the people within the limits prescribed by 7im and there would be no law which
$iolates the principles and teachings of 2slam.
1. 2n order to facilitate that it was also decided that an ad$isory board comprised of 5 religious scholars
was constituted who would ad$ise on the matter of law ma!ing in accordance with the principles and
teachings of 2slam.
2
nd
report was also silent on the issue of national language. 7owe$er it definitely accommodated some
demands" the issue of representation the fear that the 0ast Pa!istan would dominate West
Pa!istan was care off.
Criticism:
7owe$er there was criticism that why e/ual representation. 2n the case of the 1
st
report some
were saying e/uality and here some were saying why e/uality had been created. But the 2
nd
report
accommodated the issues that were raised in the 1
st
report. #his report was declared against the
principles of federation. #he West Pa!istan fa$ored e/uality only for upper house. While the report was
being discuss there was a political crises in Pa!istan.P- 3a5imuddine was remo$ed from his office due
to this crises and the new P- Ch.-uhammed *li became the new P-.
Third Report (!hammad "li Bo#ra Form!la$ 195%:
Ch.-uhammad *li and his team deliberated on all the issues and prepared a report which s
called as .
rd
report but generally in Pa!istani history it is called as #he -uhammad *li
&ormula because -*B was the P- and under his leadership a new set of proposals was prepared which
he represented to the Constituent assembly and therefore it is generally describe as the -uhammad
*li &ormula for the constitution ma!ing.
#his formula was presented in 'ctober 195. re$ised the original proposals in the lights of the
comments and criticism and it adopted a no$el procedure for pro$iding representation to different
units of Pa!istan. 2t decided that in the case of upper house there will be e/ual representation to all
the units of Pa!istan and for this purpose Pa!istan was di$ided into fi$e units4 one unit was 0ast
Pa!istan and four units were in West Pa!istan and each unit was gi$en e/ual representation it means
that in the upper house 1 members were from 0astern part and 1 members were to come from the
four units of West Pa!istan.
2n the lower house more representation was gi$en to 0astern part because that had more
population than the western part. So according to this formula 165 seats were gi$en to0ast
Pa!istan and from the western part the strength of the members was 1.5 and this was the application
of principle of representation on the basis of population. So in this case the standard principle of
federalism was followed that is in the upper house the units of federation were gi$en e/ual
representation and in the lower house the units are represented on the basis of population.
7owe$er there s a uni/ue feature here although the standard principle of federalism is
followed but whene$er the parliament met in a (oint session there was parity or e/uality between the
two wings of Pa!istan. %et me e,plain this in the case of 0astern Pa!istan it had 1 members in the
upper house and 165 in the lower house the total were 185.2n the case of Western Part there were 1
units each sending 1 members and total 1 members and in the in the lower house West Pa!istan
was to send 1.5 members and total members from West Pa!istan were 185" So it is the principle pf
parity or e/uality when the parliament meet in a (oint session.
#here was another pro$ision pro$ided in this formula that although decisions were to be made
by the ma(ority $ote but this decision could not be effecti$e unless at least .9 of members from
both 5ones $ote in fa$our of this" So .9 members from both wings are re/uired to ha$e ma(ority for
any law ma!ing. 2n this way this proposal incorporated the principle of parity with inter dependence.
Parity in a sense that in case of (oint session both wings ha$e e/ual representation.2nter dependence
that .9 member from both wings are included in the re/uired ma(ority for any law ma!ing. So in
other words one wing could not get it away what it wanted" it had to see! the support of the other
side" so parity and interdependence are built in the system through this proposal.
Criticism:
#his proposal pro$ided for e/ual powers to both houses and they could also ta!e up issues in
(oint session. #his proposal was recei$ed with greater welcome howe$er there was some criticism.
#here were certain points mentioned here by the members were" one issue was that it was pro$iding
for unreasonably comple, process. :ou di$ide Western part into four units and 0astern part in one unit
then the allocation of seats that is to be done parity at the (oint session le$el and then .9 clause" so
some people were saying and some newspapers were writing articles that this would become a
complicated process. But generally this proposal was accepted although there was criticism o$er here
and there in the parliament and outside the parliament.
*nother issue that attracted some criticism was the issue of e/ual powers to both houses and
some people were saying that since the lower house represents the people therefore lower house
should ha$e more powers but in this proposal both houses were gi$en e/ual powers. *nother
significant measure during this period which facilitated the constitution ma!ing was the settlement of
the language issue. 2n 1951 he Constituent *ssembly of Pa!istan decided that the Bengali and ;rdu
would be the national languages of Pa!istan. #his decision facilitated the constitution ma!ing process.
#he acceptance of two languages helped to defuse the contro$ersies that had emerged in constitution
ma!ing. 2n this way this issue amicably settled to the satisfaction of most political leaders and political
parties.
*fter this the Constituent *ssembly de$oted itself toward the ma!ing of the constitution and
the drafting of the constitution started that is by the summer of 1951 all the basic principles had been
agreed to by the C* and drafting had started and in fact by 'ctober 1951 good part of the constitution
had been drafted by the committee or group of people "constitutional e,perts" legal e,perts who were
drafting the constitution" and it was assumed that $ery shortly the draft constitution would be
presented to the constituent assembly that would deliberate on it discuss the draft and ma!e changes
if re/uired and ultimately the constitution would be appro$ed and it was e,pected that $ery soon
Pa!istan would ha$e its own constitution.
Constitution of 1956
The Constitution of 1956 was lengthy and detailed; it contained 234 articles divided into thirteen parts and
six schedules. The Constitution of 1956 provided for federal system with the principle of parity
between East Pakistan and West Pakistan. The Federal Legislature was to perform like the British
Parliament. The Centre was invested with such powers as to take unilateral action in emergency and it
could influence the provincial autonomy.
The Constitution of 1956 provided for the parliamentary form of government, where real executive
authority was vested in a cabinet, collectively responsible to the legislature. The cabinet was presided
over by the Prime Minister. The Constitution declared that there would be only one house of parliament
known as the National Assembly and equality between the two Wings (i.e. East Pakistan and West
Pakistan) was maintained in it. The Governor General was replaced by a President, who was to be
elected by the Electoral College of Pakistan composed of members of the National Assembly and
Provincial Assembly.
Familiar democratic rights and freedoms such as freedom of speech and expression, of assembly and
association, of movement and of profession were all provided in the Constitution, with the usual
qualifications. With regards to civil rights, familiar rights such as rights of life, liberty and property were
granted, again with the usual qualifications and safeguards. The judiciary was given power to enforce the
fundamental rights and the courts were to decide if a law was repugnant to any provisions of the
fundamental rights.
As per the Constitution, Urdu and Bengali were made national languages.
[5]

[edit]Salient features
Written Constitution - This is a written and lengthy document.
Rigid Constitution - The constitution could only be amended through a process requiring the
amendment to be passed by at least a two-thirds majority of the parliament and authentication by the
President.
Islamic Republic of Pakistan - The name of the country was adopted as the Islamic Republic of
Pakistan.
Objectives Resolution - The objective resolution was included as permeable by the constitution.
Federal System - The constitution provides for a federal system in the country. Powers was divided
between the centre and the provinces. The subjects were divided into three lists; The Federal List,
The Provincial List, and the Concurrent List.
Unicameral Legislature - The legislature would consist of a single house. Both the wings of the
country were given representation in the National Assembly. The National Assembly consisted of 300
members. 150 members were drawn from each wing.
Parliamentary System - a parliamentary system was adopted, according to it the president was
the head of state and the Prime Minister the head of government.
The President - required to be a Muslim of at least forty years of age. The tenure of his office was five
years. In case of internal or external danger he could declare a state of emergency in the country. He
was authorized to appoint the Governors, the Judges of the Supreme Court, Auditor General and
the Advocate General.
The Prime Minister - He was to be the leader of the Parliamentary group and was thus indirectly
elected by the people. He could choose his cabinet from the members of the National Assembly; the
cabinet was answerable to the Assembly.
Provincial Autonomy - Curtailed in the constitution to a great extent.
Islamic Law - no law would be passed against the teachings of the Quran and Sunnah.
Free Judiciary - An independent judiciary in the country. A Supreme Court interpreted the
constitution, advised the state whenever required, and decided the issues whenever required.
Fundamental Rights - included freedom of movement, freedom of speech and expression, freedom to
choose profession and freedom to profess religion. Right to life, liberty, and property.
Language - Urdu & Bengali were made national languages.
[edit]Islamic provisions
Islamic Republic of Pakistan - The name of the country was adopted as the Islamic Republic of
Pakistan.
Objectives Resolution - Included as preamble to the constitution.
Islamic Law - No Law would be passed against the teachings of the Quran and Sunnah, and existing
laws would be made Islamic in character.
Muslim President - a requirement.
Religious Freedom - Freedom to profess, practice and propagate any religion and the right to
establish, maintain and manage religious institutions.
Life According to the Holy Quran and Sunnah- According to the directive principles, steps were to be
taken to enable the Muslims of Pakistan individually and collectively to order their lives in accordance
with the Holy Quran and Sunnah.
Teachings of the Holy Quran - Were to be made compulsory for all Muslims.
Slavery and forced labour were prohibited.
Alcohol and narcotics - sale was banned and were prohibited
Prostitution - was prohibited
Special tax - No person should be compelled to pay any special tax whose proceeds were to be
spent on the propagation of any religion other than the person's own.
Unity among Muslim countries - States were required to strengthen the bonds of Muslims.
Organization for Islamic Research and Instructions - The president was required to set up an
organization for Islamic Research and Instruction in advanced studies to assist in the reconstruction
of Muslim society on a true Islamic basis.
[edit]Drawbacks of the Constitution of 1956
A far-reaching devolution of power already a political reality, was not given a constitutional
recognition and accepted as the basis of the stale,
The federal list was substantially reduced and the provincial list greatly enlarged, transferring to the
provinces, among other things, control over mineral resources, recruitment of services, industries,
internal communications and the tribal areas in the North West Frontier. This was contrary to the
practice of advanced countries where the deferral principle has been used in building up a common
nationhood through a strong centre. The constitution in Pakistan instead of being an instrument for
unity a country already divided by geography, sought to create two distinct political entities with
maximum autonomy in the management of their affairs
[citation needed]
.
Regional loyalties were further consolidated by the introduction of parity of representation the
National Assembly. The constitution was concerned in the belief that the political life of the country
would always be tied to provincial moorings and will never rise a higher plane of nationalism in which
party affiliations would cut across the physical barriers. Parity 'was certain to foster parochial feeling
equally in the region in whose favor it was to operate and in the region whose interests were
adversely affected by it

Constitution of 1962
PAKISTAN was named as 'Islamic Republic of Pakistan'. The constitution provided for a federal system
with the principle of parity between East Pakistan and West Pakistan. Both the provinces would run their
separate provincial governments. The responsibilities and authority of the centre and the provinces were
clearly listed in the constitution. The Central Legislature had one house known as the National Assembly.
There were 156 members of the National Assembly. The equality between the two wings were
maintained in it.
The Constitution of 1962 provided for a presidential form of government, as opposed to the parliamentary
form of government under the 1956 Constitution. The President, who must be a Muslim not less than 35
years of age and qualified for election as a member of the National Assembly was to be elected indirectly
by an electoral college in accordance with the provisions outlined in the Constitution itself. The Electoral
College formed by not less than 80,000 Basic Democrats (B.D.), equally distributed between the two
provinces. Under the Constitution of 1962, if the number of candidates for election to the office of
President exceeds three, the Speaker of the National Assembly was to convene a joint session of the
members of the National and Provincial Assemblies to select only three candidates for election, the
remaining candidates then would not be eligible. This screening was not applicable to a person who was
holding the office of the President i.e. if the sitting President was also a candidate the number of
candidates would be four.
The term of the President was five years to act as Head of State as well as Chief Executivesolely
responsible for country's administration. Governor and Minister were appointed and removed by him. He
was eligible to promulgate Ordinances and veto against legislated laws only overrideable by two-thirds of
the National Assembly. However, the President was not empowered to dissolve the Assembly except at
the cost of his office also. On a charge of violating the Constitution or gross misconduct the President
might be impeached by the National Assembly for which one-third of the total members of the National
Assembly must give written notice to the Speaker for the removal of the President. The President was to
be removed from office if the resolution for impeachment was passed by votes of not less than three-
fourths of the total members of the Assembly. A significant feature of the impeachment procedure was
that if the resolution for removal of the President fails to obtain one-half of the total number of members of
the National Assembly the movers of the resolution would cease to be members of the Assembly.
There was no restriction of religion for a person holding the office of the Speaker of the National
Assembly. Secondly, if the President resigns from his office or vote of no-confidence passes against him,
then according to the Constitution the Speaker would act as the President of the State till the election of
new President. Under these special circumstances, a non-Muslim might get the chance to be an acting
President of Pakistan.
The Constitution of 1962 provided for elections of the Central and Provincial Legislatures for a term of five
years. The members of the Assemblies were elected by the Basic Democrats. The National Assembly
was exclusively empowered to legislate for the central subjects. However, it could legislate on matters
falling under provincial jurisdiction. The power to impose taxes was laid with the central legislature. The
Assembly had to serve as a court in the cases of impeachment, conviction or declaring the President as
incapacitated. It could amend the Constitution, but with two-thirds majority. However, if the President's
veto was over-ridden, he had the right to ask for the assent of the Electoral College. The procedure of the
Provincial Assemblies was identical with that of the National Assembly.
Urdu and Bengali were recognised as national languages.
[2]

[edit]Salient features
1) Written Constitution The Constitution of 1962 was a written document. It consisted of five schedules
and 250 articles.
2) Rigid Constitution This is a rigid constitution. This is a rigid constitution can only be amended through
a particular process. If an amendment to the constitution is passed by at least two-third majority of the
parliament then it becomes a part of law after authentication by the President.
3) Federal System A federal system was introduced in the country. It consisted of a central government
and two provincial government comprising East and West Pakistan.
4) Presidential forum of Government President was the head Executive of the nation. He was
empowered to nominate the ministers of his cabinet.
5) Unicameral Legislature
6) Indirect Method of Election The President was elected by an Electoral College comprising 80,000
Basic Democrats, equally distributed between the two provinces.
7) Provincial Governments There were two provincial governments. Each of them was headed by a
governor. He enjoyed powers in the province which the President enjoyed in the center. The Governor
was empowered to appoint provincial ministers with the sanction of the President of Pakistan.
8) Provincial Legislature Each province was provided with a legislature. It originally consisted of 150
members. However, later on this number was increased to 218.
9) Powers of President According to the 1962 Constitution the President should be a Muslim with the
term of 5 years. He was eligible to promulgate Ordinances and veto against legislated laws only override-
able by two/thirds of the National Assembly. However, the President was not empowered to dissolve the
Assembly except the cost of his office also.
10) Restrictions to the President The President was not allowed to hold any office of profit in the
service of Pakistan but was not prevented from holding a managing private property.
11) Islamic Law No Law would be passed against the teaching of Quran and Sunnah and the existing
laws would be made Islamic in character.
12) Fundamental Rights The constitution of 1962 laid down fundamental rights of speech and
expression, freedom to choose profession and freedom to profess religion. With Regards to civil rights,
familiar right such as the rights of life, livery and property were granted.
13) Role of Judiciary The Judiciary was responsible for the interpretation of laws and executive orders in
the light of the principles embodied in a written constitution.
14) Supreme Judicial Council A supreme judicial council consisting of two judges of supreme court
chief justice of supreme court and two judges of high courts was to be established.
[edit]Islamic provisions
The preamble of the Constitution of 1962 was based on the Objectives Resolution.
The Constitution laid down simply that the state of Pakistan shall be an Islamic republic under the
name of Islamic Republic of Pakistan'.
According to the principles of policy, steps were to be taken to enable the Muslims of Pakistan
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.
No law shall be enacted which is repugnant to the teachings and requirements of Islam as set out in
the Qur'an and Sunnah and all existing laws shall be brought in conformity with the Qur'an and
Sunnah.
Only a Muslim could be qualified for the election as President.
Teaching of the Quran and Islamiyat to the Muslims of Pakistan was made compulsory.
Proper organisation of Zakat, waqf, and mosques was ensured.
Practical steps were to be taken to eradicate what were seen as social evils by Islam, such as the
use of alcohol, gambling, etc.
A novel Islamic provision in the 1962 Constitution had introduced an 'Advisory Council of Islamic
Ideology' to be appointed by the President. The functions of the Council was to make
recommendations to the Government as to means which would enable and encourage the Muslims
of Pakistan to order their lives in accordance with the principles and concepts of Islam and to
examine all laws in force with a view to bring them into conformity with the teachings and
requirements of Islam as set out in the Qur'an and Sunnah.
There shall be an organisation to be known as Islamic Research Institute, which shall be established
by the President. The function of the Institute was to undertake Islamic Research and Instruction in
Islam for the purpose of assisting in the reconstruction of Muslim society on a truly Islamic basis.
The state should endeavour to strengthen the bonds of unity among Muslim countries.

Constitution of 1973
This constitution represented a compromise consensus on three issues: the role of Islam, the sharing of
power between the federal government and the provinces, and the division of responsibilities between the
President and the Prime Minister, with a greatly strengthened position for the latter.
The Constitution provided for a federal system. The Federal Legislature is to function like the British
Parliament. In order to allay the concerns of the provinces concerning the equitable distribution of
legislative power, the constitution established a bicameral legislature with a Senate (the upper house),
providing equal provincial representation, and a National Assembly (the lower house), allocating seats
according to population.
Islam was declared the state religion. The Constitution stated Pakistan's official name as the Islamic
Republic of Pakistan. Only a Muslim could become the President or the Prime Minister of Pakistan. No
law repugnant to Islam shall be enacted and the present laws shall also be Islamised.
The President must be a Muslim not less than 45 years of age, elected by members of Parliament. He is
to hold office for a term of five years. The President could be removed by the resolution of parliament of
not less than two thirds of the total membership. The President could issue ordinances when the
Parliament is not in session. The President has the power of granting pardon and the right to be kept
informed by the Prime Minister on all matters of internal and foreign policies.
The Constitution sets forth the parliamentary system of Government. The head of the Government,
according to the Constitution, will be the Prime Minister. The Prime Minister and his Cabinet is
accountable to the National Assembly for his actions. The Prime Minister would be elected by the majority
of the National Assembly.
The Constitution of 1973 introduced a new institution known as the 'Council of Common Interests'
consisting of Chief Ministers of the provinces and an equal number of Ministers of the Federal
Government nominated by the Prime Minister. The Council could formulate and regulate the policy in the
Part II of the Legislative List. In case of complaint of interference in water supply by any province the
Council would look into the complaint.
Another major innovation in the Constitution of 1973 is the establishment of a National Finance
Commission (NFC) consisting of the Federal and Provincial Finance Ministers and other members to
advice on distribution of revenues between the federation and the provinces.
The Principles of Policy includes Islamic way of life, promotion of Local Government institutions, full
participation of women in national life, protection of minorities, promotion of social and economic well
being of the people, and strengthening the bonds with the Muslim world and to work for international
peace.
Under the 1973 Constitution, Fundamental Rights include security of person, safeguards as to arrest and
detention, prohibition ofslavery and forced labour, freedom of movement, freedom of association, freedom
of speech, freedom to profess religion and safeguards to religious institutions, non-discrimination in
respect of access to public places and in service, preservation of languages, script andculture. The
judiciary enjoys full supermacy over the other organs of the state.
Urdu is the national language.
[6]

[edit]Islamic provisions
The name 'Islamic Republic of Pakistan' is selected for the state of Pakistan.
Islam is declared as the state religion of Pakistan.
Steps shall be taken to enable the Muslims of Pakistan, individually or collectively, to order their lives
in accordance with the fundamental principles and basic concepts of Islam.
Steps shall be taken to make the teaching of the Qur'an and Islamiyat compulsory,to encourage and
facilitate the learning of Arabiclanguage and to secure correct and exact printing and publishing of the
Qur'an.
Proper organisation of Zakat, waqf and mosques is ensured.
The state shall prevent prostitution, gambling and consumption of alcohol, printing, publication,
circulation and display of obsceneliterature and advertisements.
Only a Muslim could be qualified for election as President (male or female) and Prime Minister (male
or female). No restriction as to religion or gender on any other post, up to and including provincial
governor and Chief Minister.
All existing laws shall be brought in conformity with the injunctions of Islam as laid down in the Qur'an
and Sunnah and no law shall be enacted which is repugnant to such injunctions.
A Council of Islamic Ideology shall be constituted referred to as the Islamic Council. The functions of
the Islamic Council shall be to make recommendations to Parliament and the Provincial Assemblies
about the ways and means of enabling and encouraging the Muslims of the Pakistan to order their
lives in accordance with the principles of Islam.
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 on any question as to
whether a proposed law is or is not repugnant to the injunctions of Islam.
For the first time, the Constitution of Pakistan gave definition of a Muslim which states: 'Muslim'
means a person who believes in the unity and oneness of Allah, in the absolute and unqualified
finality of the Prophethood of the Islamic prophet, Muhammad, and does not believe in, or recognise
as a prophet or religious reformer, any person who claimed or claims to be a prophet, in any sense of
the word or of any description whatsoever, after Muhammad.
The state shall endeavor to strengthen the bonds of unity among Muslim countries.
The Second Amendment (wef 17 September 1974) of the 1973 Constitution declared for the first time
the Ahmadiyya Community(derogatorily known as Qadianis) or the Lahore Ahmadiyya Movement for
the Propagation of Islam (Lahoris) as non-Muslims, and their leader, Mirza Ghulam Ahmad, who
claimed to be prophet of God, to which mainstream Muslims do not agree with.

Fall Of East Pakistan (1971)
The separation of East Pakistan was a great setback to Pakistan. By 1970, sentiments for national unity had
weakened in East Pakistan to the extent that constant conflict between the two Wings dramatically erupted into mass
civil disorder. This tragically resulted in the brutal and violent amputation of Pakistans Eastern Wing.
The physical separation of a thousand miles between the two wings without a common border, and being surrounded
by Indian territory and influences, led to constant political, economic and social conflicts between the two wings;
embittering relations bringing the country on the verge of collapse.
As a result of the separation of its Eastern Wing, Pakistans international credit was depleted and the military, being
its most powerful institution, suffered a lot. To some, the very concept of Pakistan as the homeland for the Muslims in
Southeast Asia no longer appeared valid.
Trouble started right at the inception of Pakistan in 1947. Almost immediately, East Pakistan claimed that as their
population (55 percent as compared to 45 percent in the West) was greater, they were in a majority. Democratically,
the Federal Capital, therefore, should have been in Dhaka and not in Karachi.
Since Karachi was the seat of the National Government; ministers, government officials and industrialists exerted
immense influence on national and regional affairs, which brought them many benefits. But the East Pakistanis were
unable to extract the same kind of advantages, as they were a thousand miles away from the Capital. Moreover, the
Capital initially attracted wealthy industrialists, businessmen, administrators, doctors and other professionals who had
fled from India.
The location of the Capital, it was said, created great economic imbalance, uneven distribution of national wealth and
privileges, and better jobs for the people of West Pakistan, because they were able to sway decisions in their own
favor.

Secondly, Bengalis resented the vast sums of foreign exchange earned from the sale of jute from East, which were
being spent on defense. They questioned how the expenditure for the Kashmir cause would be justified, when it could
otherwise have been productively used to build dams and barriers to control floods, eradicate poverty and illiteracy,
and supply food and shelter for the ever-growing population in East Pakistan.
Thirdly, the people of the East believed that it was sheer regional prejudice that all white-collar jobs were taken by
West Pakistanis.
Many mistakes were made early in the short history of Pakistan. There lived in East Pakistan about 15 million Hindus
who, with the help of their fellow West Bengali Indians from across the border, were able to exploit East-West
differences that emerged as a result of these mistakes. Grievances were exaggerated to foster anti-West Pakistani
feelings that eventually created Bengali Nationalism and separatist tendencies. Bengali political leaders went around
depicting the Central Government and West Pakistan as hostile exploiters. However, no effective efforts were made
by the Government to check these anti-national trends.
Awami League, formed in 1951, was headed by Sheikh Mujib-ur-Rahman. He had always been an ardent Bengali
nationalist. He began to attract popular support from Bengalis in East Pakistan. He put forward his Six Points that
demanded more autonomy for the Provinces in general, and East Pakistan in particular. He was arrested in April
1966, and soon released, only to be rearrested and imprisoned in June the same year. He languished in prison until
February 1969.
Being deeply aware of the explosive political situation in the country, the then Chief Martial Law Administrator, Yahya
Khan, set in motion moves to transfer power to the elected representatives of the people, and announced that the
general elections would be held on October 5, 1970.
In all his election speeches, Sheikh Mujib-ur-Rahman reiterated his demand for implementation of his Six Points and
provincial autonomy plans.
The 1970 elections were postponed from October to December due to heavy floods that caused immense destruction
and havoc in East Pakistan. The sheer enormity of the disaster attracted worldwide attention. This gave Sheikh
Mujib-ur-Rahman a golden opportunity to have an international audience for his anti-West Pakistan feelings, which he
accused of brutal callousness. The Awami League gained much sympathy and benefit out of this suffering, and
Sheikh Mujib-ur-Rahman and his people were portrayed on the international scene as victims of West Pakistans
indifference.
In the general elections held in December 1970, the Awami League achieved an overwhelming victory. They
captured 167 seats, the highest number in East Pakistan and overall. In the West, the Pakistan Peoples Party had
won 85 seats. The way was now open to draw up a new Constitution.
The Awami League, now overwhelmingly victors, stood firm on its Six Points plan and refused to compromise on that
issue. The Peoples Party in the West maintained that the Six Points Program did not really permit a genuine
federation. It was in fact a unique constitutional proposal that proposed a federation that had power only over defense
and foreign policy.
Efforts were made to start a constitutional dialogue and narrow the differences between the two Wings, but all in vain.
Mujib-ur-Rahmans adamant stand in support of his Six Points, and his proposal that East Pakistan should have a
sovereign status independent of Pakistan, further aggravated the situation.
Mujib-ur-Rahman launched a non-cooperation movement. The civil administration was totally paralyzed. All
government and educational institutions were closed. People were asked not to pay any taxes. The transport system
came to a standstill. Factories and shops were shut. All government activities between both the Wings ceased. The
Awami League setup a parallel government. Gangs of local Awami League freedom fighters, known as Mukti Bahini,
led violent demonstrations and howled racial and anti-West Pakistan slogans, inciting the people to more violence.
Amidst these disturbances, Genaral Yahya decided to convene the National Assembly in March 1971. But Sheikh
Mujib-ur-Rahman unexpectedly put forward other demands such as the immediate lifting of Martial Law and power
transfer to the elected representatives of the people, prior to the National Assembly session.
Unfortunately, on March 23, the Republic Day of Pakistan, the Awami League declared Resistance Day and
Bangladesh flags flew all over the Province. There was a great massacre. East Pakistan had reached a point of no
return. To quash the armed rebellion of Awami League militants, the Pakistan Army struck its first blow on March 27,
1971. Yahya Khan chose to use force to bring law and order in the country.
In the meantime, India exploited Pakistans dilemma to the full. It sought to wring full propaganda and strategic value
for itself out of the Bengali suffering and misery. India launched an attack on East Pakistan on November 22, 1971.
The use of modern Soviet missiles, geographical separation by a thousand miles lying across the hostile Indian
territory, and the collusion of Mukti Bahini and the Indian Army, made Pakistans military defeat in the East almost
certain.
On December 10, 1971, the first feeler for surrender in East Pakistan was conveyed to the United Nations. On
December 17, 1971, a formal surrender was submitted and accepted. Forty five thousand troops and an almost equal
number of civilians of West Pakistan were taken as prisoners of war.
The text of the Instrument of Surrender document was as follows:
INSTRUMENT OF SURRENDER
The PAKISTAN Eastern Command agree to surrender all PAKISTAN Armed Forces in BANGLA DESH to Lieutenant-
General JAGJIT SINGH AURORA, General Officer Commanding in Chief of the Indian and BANGLA DESH forces in
the Eastern Theatre. This surrender includes all PAKISTAN land, air and naval forces as also all para-military forces
and civil armed forces. These forces will lay down their arms and surrender at the places where they are currently
located to the nearest regular troops under the command of Lieutenant- General JAGJIT SINGH AURORA.
The PAKISTAN Eastern Command shall come under the orders of Lieutenant-General JAGJIT SINGH AURORA as
soon as this instrument has been signed. Disobedience of orders will be regarded as a breach of the surrender terms
and will be dealt with in accordance with the accepted laws and usages of war. The decision of Lieutenant-General
JAGJIT SINGH AURORA will be final, should any doubt arise as to the meaning or interpretation of the surrender
terms.
Lieutenant- General JAGJIT SINGH AURORA gives a solemn assurance that personnel who surrender will be
treated with dignity and respect that soldiers are entitled to in accordance with the provisions of the GENEVA
Convention and guarantees the safety and well-being of all PAKISTAN military and para-military forces who
surrender. Protection will be provided to foreign nationals, ethnic minorities and personnel of WEST PAKISTAN origin
by the forces under the command of Lieutenant- General JAGJIT SINGH AURORA.
Signed:
(JAGJIT SINGH AURORA) Lieutenant-General General Officer Commanding in Chief Indian and BANGLA DESH
Forces in the Eastern Theatre
(AMIR ABDULLAH KHAN NIAZI) Lieutenant-General Martial Law Administrator Zone B and Commander Eastern
Command (PAKISTAN)
16 December 1971
The surrender led to the disintegration of East and West Pakistan and the establishment of Bangladesh. After 25
years, the East Pakistanis declared themselves independent and renamed their Province as Bangladesh. Pakistan
finally recognized Bangladesh at the Islamic Conference in Lahore on February 22, 1974.