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Overview of Article 228 of the Constitution of Pakistan
The Constitution of Pakistan, enacted in 1973, stands as the foundational document shaping the nation’s governance. Within its vast expanse lies Article 228, a crucial segment delineating the formation and functions of the Islamic Council. This blog post aims to dissect Article 228, unraveling its key provisions and shedding light on its implications within the constitutional framework.
Article 228 States
228. Composition, etc. of Islamic Council
- There shall be constituted within a period of ninety days from the commencing day a Council of Islamic Ideology, in this part referred to as the Islamic Council.
- The Islamic Council shall consist of such members, being not less than eight and not more than twenty, as the President may appoint from amongst persons having knowledge of the principles and philosophy of Islam as enunciated in the Holy Quran and Sunnah, or understanding of the economic, political, legal or administrative problems of Pakistan.
- While appointing members of the Islamic Council the President shall ensure that:
- so far as practicable various schools of thought are represented in the Council;
- not less than two of the members are persons each of whom is, or has been, a Judge of the Supreme Court or of a High Court;
- not less than one-third of the members are persons each of whom has been engaged, for a period of not less than fifteen years, in Islamic research or instruction; and (d) at least one member is a woman.
- The President shall appoint one of the members of the Islamic Council to be the Chairman thereof.
- Subject to clause (6) a member of the Islamic Council shall hold office for a period of three years.
- A member may, by writing under his hand addressed to the President, resign his office or may be removed by the President upon the passing of a resolution for his removal by a majority of the total membership of the Islamic Council.
Key Points of Article 228 of the Constitution of Pakistan
- Membership Criteria: The article outlines the criteria for membership, specifying that individuals appointed must possess knowledge rooted in the principles of Islam or an understanding of Pakistan’s complex challenges.
- Diversity and Representation: A significant emphasis is placed on diversity, ensuring representation from various schools of thought. The inclusion of judges, individuals with extensive Islamic research or instructional backgrounds, and at least one female member highlights the commitment to a broad spectrum of perspectives.
- Appointment of Chairman: The President is vested with the authority to appoint a Chairman from among the members, underscoring the executive’s role in steering the direction of the Islamic Council.
- Term Limits: Members are appointed for a fixed term of three years, promoting a balance between continuity and adaptability.
- Resignation and Removal: The article allows for voluntary resignation by a member or removal by the President through a resolution passed by a majority of the Council, establishing mechanisms for maintaining the Council’s integrity.
Crux of Article 228 of the Constitution of Pakistan
Article 228, in essence, crafts the Islamic Council as a specialized body that blends Islamic principles with the pragmatic challenges of governance in Pakistan. By ensuring diversity in thought and experience, the Council becomes a forum where a spectrum of perspectives converges to address the multifaceted issues facing the nation. The deliberate inclusion of judges, scholars, and women underscores the commitment to holistic representation.
This constitutional provision aligns with the broader ethos of the 1973 Constitution of Pakistan, which sought to harmonize Islamic principles with the imperatives of a modern state. The Islamic Council, as outlined in Article 228, emerges as a cornerstone in this endeavor, embodying the nation’s commitment to Islamic ideals while navigating the complexities of contemporary governance.
Conclusion: Article 228 of the Constitution of Pakistan
In conclusion, Article 228 serves as a pivotal cornerstone in the 1973 Constitution of Pakistan, embodying the nation’s commitment to incorporating Islamic principles into its governance structure. Through meticulous provisions governing the formation, membership, and functions of the Islamic Council, this constitutional article encapsulates the delicate balance between tradition and pragmatism. As Pakistan evolves, Article 228 stands as a testament to the nation’s commitment to incorporating Islamic values in its journey towards a harmonious and just society.
As we navigate the labyrinth of constitutional articles, Article 228 emerges as a guiding light, directing the nation towards a nuanced understanding of governance that resonates with its rich cultural and religious heritage.