CONSTITUTION REPRINT
Religion-based politics to go
Socialism, secularism to be revived
The volume of the reprint of the constitution, now with printer's, will revive provisions of socialism and secularism and drop provisions that allow religion-based politics.
The reprint will revive the provisions empowering the government to enact any law for acquisition, nationalisation or requisition of any private property without compensation.
It will also revive the provisions to bring about changes in laws if they contain provisions for or have the effect of divesting the state of any property or of enhancing any compensation payable by the state, only by two-thirds of the total number of members of the parliament.
The original Article 10 of the constitution, which was substituted by the fifth amendment to the constitution, will, according to the
manuscript of the volume, be revived in the reprint, replacing the existing article.
The original article says, 'A socialist economic system shall be established with a view to ensuring the attainment of a just and egalitarian society, free from the exploitation of man by man.'
The original Article 12, which was omitted by the fifth amendment, will be revived in the reprint.
It says, 'The principle of secularism shall be realised by the elimination of — (a) communalism in all its forms; (b) the granting by the state of political status in favour of any religion; (c) the abuse of religion for political purposes; any discrimination against, or persecution of, persons practicing a particular religion.'
Article 2A of the existing constitution, inserted by the eighth amendment recognising Islam as the state religion will, however, be retained.
The existing Clause (20 of Article 25, inserted by the fifth amendment, will be omitted in the reprint of the constitution.
The existing clause says, 'The state shall endeavour to consolidate, preserve and strengthen fraternal relations among Muslim countries based on Islamic solidarity.'
The proviso of Article 38, which was omitted by the fifth amendment, will be revived in the reprint.
It says, 'Provided that no person shall have the right to form, or be a member or otherwise take part in the activities of, any communal or other association or union which in the name or on the basis of any religion has for its object, or pursues, a political purpose.'
The omission of Article 12 and the proviso of Article 38 by the fifth amendment had made the scope for forming and running political parties based on religion or in the name of religion.
The original Clause (2) of Article 42 will replace the existing Clause (2) and (3) in the reprint of the constitution, reviving the original provisions empowering the government to enact any law for acquisition, nationalisation or requisition of any private property without compensation.
The existing provisions do not allow the government to enact any law for acquisition, nationalisation or requisition of any private property without compensation.
The reprint of Clause (2) will read, 'A law made under Clause (1) shall provide for the acquisition, nationalisation or requisition with or without compensation, and in a case where it provides for compensation shall fix the amount or specify the principles on which, and the manner in which, the compensation is to be assessed and paid; but no such law shall be called in question in any court on the ground that it does not provide for compensation or that any provision in respect of such compensation is not adequate.'
The existing Clause (2) and (3), substituted for the original Clause (2) by the fifth amendment, says, '(2) A law made under Clause (1) shall provide for the acquisition, nationalisation or requisition with compensation and shall either fix the amount of compensation or specify the principles on which, and the manner in which, the compensation is to be assessed and paid; but no such law shall be called in question in any court on the ground that any provision in respect of such compensation is not adequate.
'(3) Nothing in this article shall affect the operation of any law made before the commencement of the Proclamations (Amendment) Order, 1977 (Proclamations Order No. I of 1977), in so far as it relates to the acquisition, nationalisation or requisition of any property without compensation.'
The existing Article 44, substituted by the fifth amendment, will be retained in the reprint.
It reads: '(1) The right to move the High Court Division, in accordance with clause (I) of Article 102, for the enforcement of the rights conferred by this part, is guaranteed.
'(2) Without prejudice to the powers of the High Court Division under Article 102, Parliament may by law empower any other court, within the local limits of its jurisdiction, to exercise all or any of those powers.'
The original Article 44 had said, '(1) The right to move the Supreme Court, in accordance with Clause (I) of Article 102, for the enforcement of the rights conferred by this Part, is guaranteed.
'(2) Without prejudice to the powers of the Supreme Court under Article 102, Parliament may by law empower any other court, within the local limits of its jurisdiction, to exercise all or any of those powers.'
The original article was substituted by Article 44 by the fourth amendment to the constitution that said, 'Parliament may by law establish a constitutional court, tribunal or commission for the enforcement of fundamental rights.'
Article 47(2) says, 'Notwithstanding anything contained in this Constitution the laws specified in the First Schedule (including any amendment of any such law) shall continue to have full force and effect, and no provision of any such law, nor anything done or omitted to be done under the authority of such law, shall be deemed void or unlawful on the ground of inconsistency with, or repugnance to, any provision of this Constitution;'
In the reprint, original proviso of Article 47(2) will substitute the existing proviso.
The reprint of the proviso reads, 'Provided that nothing in this article shall prevent the modification or repeal of any such law or provision by Act of Parliament, but no Bill for such an Act, if it contains provision for or has the effect of divesting the State of any property, or of enhancing any compensation payable by the State, shall be presented to the President for assent unless it is passed by the votes of not less than two-thirds of the total number of members of Parliament.'
The existing proviso, substituted by the fifth amendment, says, 'Provided that nothing in this article shall prevent amendment, modification or repeal of any such law.'
The reprint will revive the provisions empowering the government to enact any law for acquisition, nationalisation or requisition of any private property without compensation.
It will also revive the provisions to bring about changes in laws if they contain provisions for or have the effect of divesting the state of any property or of enhancing any compensation payable by the state, only by two-thirds of the total number of members of the parliament.
The original Article 10 of the constitution, which was substituted by the fifth amendment to the constitution, will, according to the
manuscript of the volume, be revived in the reprint, replacing the existing article.
The original article says, 'A socialist economic system shall be established with a view to ensuring the attainment of a just and egalitarian society, free from the exploitation of man by man.'
The original Article 12, which was omitted by the fifth amendment, will be revived in the reprint.
It says, 'The principle of secularism shall be realised by the elimination of — (a) communalism in all its forms; (b) the granting by the state of political status in favour of any religion; (c) the abuse of religion for political purposes; any discrimination against, or persecution of, persons practicing a particular religion.'
Article 2A of the existing constitution, inserted by the eighth amendment recognising Islam as the state religion will, however, be retained.
The existing Clause (20 of Article 25, inserted by the fifth amendment, will be omitted in the reprint of the constitution.
The existing clause says, 'The state shall endeavour to consolidate, preserve and strengthen fraternal relations among Muslim countries based on Islamic solidarity.'
The proviso of Article 38, which was omitted by the fifth amendment, will be revived in the reprint.
It says, 'Provided that no person shall have the right to form, or be a member or otherwise take part in the activities of, any communal or other association or union which in the name or on the basis of any religion has for its object, or pursues, a political purpose.'
The omission of Article 12 and the proviso of Article 38 by the fifth amendment had made the scope for forming and running political parties based on religion or in the name of religion.
The original Clause (2) of Article 42 will replace the existing Clause (2) and (3) in the reprint of the constitution, reviving the original provisions empowering the government to enact any law for acquisition, nationalisation or requisition of any private property without compensation.
The existing provisions do not allow the government to enact any law for acquisition, nationalisation or requisition of any private property without compensation.
The reprint of Clause (2) will read, 'A law made under Clause (1) shall provide for the acquisition, nationalisation or requisition with or without compensation, and in a case where it provides for compensation shall fix the amount or specify the principles on which, and the manner in which, the compensation is to be assessed and paid; but no such law shall be called in question in any court on the ground that it does not provide for compensation or that any provision in respect of such compensation is not adequate.'
The existing Clause (2) and (3), substituted for the original Clause (2) by the fifth amendment, says, '(2) A law made under Clause (1) shall provide for the acquisition, nationalisation or requisition with compensation and shall either fix the amount of compensation or specify the principles on which, and the manner in which, the compensation is to be assessed and paid; but no such law shall be called in question in any court on the ground that any provision in respect of such compensation is not adequate.
'(3) Nothing in this article shall affect the operation of any law made before the commencement of the Proclamations (Amendment) Order, 1977 (Proclamations Order No. I of 1977), in so far as it relates to the acquisition, nationalisation or requisition of any property without compensation.'
The existing Article 44, substituted by the fifth amendment, will be retained in the reprint.
It reads: '(1) The right to move the High Court Division, in accordance with clause (I) of Article 102, for the enforcement of the rights conferred by this part, is guaranteed.
'(2) Without prejudice to the powers of the High Court Division under Article 102, Parliament may by law empower any other court, within the local limits of its jurisdiction, to exercise all or any of those powers.'
The original Article 44 had said, '(1) The right to move the Supreme Court, in accordance with Clause (I) of Article 102, for the enforcement of the rights conferred by this Part, is guaranteed.
'(2) Without prejudice to the powers of the Supreme Court under Article 102, Parliament may by law empower any other court, within the local limits of its jurisdiction, to exercise all or any of those powers.'
The original article was substituted by Article 44 by the fourth amendment to the constitution that said, 'Parliament may by law establish a constitutional court, tribunal or commission for the enforcement of fundamental rights.'
Article 47(2) says, 'Notwithstanding anything contained in this Constitution the laws specified in the First Schedule (including any amendment of any such law) shall continue to have full force and effect, and no provision of any such law, nor anything done or omitted to be done under the authority of such law, shall be deemed void or unlawful on the ground of inconsistency with, or repugnance to, any provision of this Constitution;'
In the reprint, original proviso of Article 47(2) will substitute the existing proviso.
The reprint of the proviso reads, 'Provided that nothing in this article shall prevent the modification or repeal of any such law or provision by Act of Parliament, but no Bill for such an Act, if it contains provision for or has the effect of divesting the State of any property, or of enhancing any compensation payable by the State, shall be presented to the President for assent unless it is passed by the votes of not less than two-thirds of the total number of members of Parliament.'
The existing proviso, substituted by the fifth amendment, says, 'Provided that nothing in this article shall prevent amendment, modification or repeal of any such law.'
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