Friday, January 25, 2013

The Constitution of the Islamic Republic of Pakistan Paper I of LLb Part II Reference by [Majlis-I-Shoora (Parliament)], etc. to Islamic Council

229. 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 any question as to whether a proposed law is or is not repugnant to the Injunctions of Islam.

230. (1)  The functions of the Islamic Council shall be

(a)       to make recommendations to [Majlis-I-Shoora(Parliament)] and the Provincial Assemblies as to the
ways and means of enabling and encouraging the Muslims of Pakistan to order their lives individually and collectively in all respects in accordance with the principles and concepts of Islam as enunciated in the
Holy Qur’an and Sunnah.

(b)       to advise a House, a Provincial Assembly, the President or a Governor on any question referred to
the Council as to whether a proposed law is or is not repugnant to the Injunctions of Islam;

(c)        to make recommendations as to the measures for bringing existing laws into conformity with the
Injunctions of Islam and the stages by which such measures should be brought into effect; and

(d)       to compile in a suitable form, for the guidance of [Majlis-I-Shoora (Parliament)] and the Provincial
Assemblies, such Injunctions of Islam as can be given legislative effect.

(2)       When, under Article 229, a question is referred by a House, a Provincial Assembly, the President or a Governor to the Islamic Council, the Council shall, within fifteen days thereof, inform the House, the Assembly, the President or the Governor, as the case may be, of the period within which the Council expects to be able to furnish that advice.

(3)       Where a House, a Provincial 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 of the Islamic Council is furnished, the law may be made before the advice is furnished:

Provided that, where a law is referred for advice to the Islamic Council and the Council advises that the law is repugnant to the Injunctions of Islam, the House or, as the case may be, the Provincial Assembly, the President or the Governor shall reconsider the law so made.

(4)       The Islamic Council shall submit its final report within seven years of its appointment, and shall submit and annual interim report. The report, whether interim or final, shall be  laid for discussion before both Houses and each Provincial Reference by[Majlis-I-Shoora(Parliament)],etc. to Islamic Council Functions of
Islamic Council Assembly within six months of its receipt, and [Majlis-IShoora(Parliament)] and the Assembly, after considering the report, shall enact laws in respect thereof within a period of two years of the final report.
231.The proceedings of the Islamic Council shall be regulated by rules of procedure to be made by the Council with approval of the President.
 

No comments:

Post a Comment