it is expedient further to amend the Constitution of the Islamic
Republic of Pakistan for the purposes hereinafter appearing;
It is hereby enacted as follows:---
1. Short title and commencement.----(1) This Act may be called
the Constitution (Ninth Amendment) Act, 1985.
(2) It shall come into force at once.
2. Amendment of Article 2 of the Constitution---In the Constitution
of the Islamic Republic of Pakistan, hereinafter referred
to as the Constitution, in Article 2, after the word "Pakistan",
at the end, the words "and the Injunctions of Islam as
laid down in the Holy Qur'an and Sunnah shall be the supreme
law and source of guidance for legislation to be administered
through laws enacted by the Parliament and Provincial Assemblies,
and for policy making by the Government" shall be added.
3. Amendment of Article 203B of the Constitution.---In the
Constitution, in Article 203-B, in paragraph (c):---
(A) For the comma after the word "Constitution"
a full-stop shall be substituted; and
(B) The words, commas and semi-colon "Muslim Personal
Law, any law relating to the procedure of any Court or Tribunal
or, until the expiration of ten years from the commencement
of this chapter, any fiscal law or any law relating to the
levy and collection of taxes and fees or banking or insurance
practice and procedure; and" shall be omitted.
4. Amendment of Article 203D of the Constitution.---In the
Constitution, in Article 203D, after clause (3) the following
new clause shall be added namely:
(3A) Notwithstanding anything contained in this chapter, in
respect of any fiscal law or any law relating to the levy
and collection of taxes and fees or banking or insurance practice
and procedure, the Court shall, in case of a law held by it
to be repugnant to the Injunctions of Islam, in consultation
with persons having special knowledge of the subject, recommend
to the Government specific measures and a reasonable time
within which to take adequate steps and amend such law so
as to bring it in conformity with the Injunctions of Islam:
Provided that the decisions of the Court shall not have retrospective
effect and no right or claim shall be based thereon accordingly
directly or indirectly.
(3B) Notwithstanding any thing contained in the Constitution
including this chapter or clause (3A) or anything done pursuant
thereto, or any law or any judgment of any Court to the contrary,
all existing laws relating to the levy and collection of taxes
and fees or banking or insurance practice and procedure which
are the subject-matter of decision of the Court referred to
in clause (3A), shall continue to remain in force until such
time as appropriate laws are enacted by the Legislature in
substitution of such existing laws as a consequence of the
final decision of the Court, as stated in clause (3A), and
until the said laws have been enforced:
Provided that nothing contained in clauses (3A) and (3B) shall
apply to assessments made, orders passed, proceedings pending
and amounts payable or recovered before the enforcement of
the laws enacted in pursuance of clause (3A).
Statement of objects and reasons.---In consonance with the
provisions of Articles 2 and 227 of the Constitution of the
Islamic Republic of Pakistan, which respectively provide that
Islam shall be the State religion of Pakistan and that all
laws shall be brought in conformity with the Injunctions of
Islam, as also the Objectives Resolution, this Bill seeks
to amend Articles 2, 203-B and 203-D of the Constitution so
as to provide that the Injunctions of Islam shall be the supreme
law and source of guidance for legislation and policy making
and to empower the Federal Shariat Court to make recommendations
for bringing the fiscal laws and laws relating to the levy
and collection of taxes in conformity with the said Injunctions.