পরিশিষ্ট

পরিশিষ্ট-১

আইন কাঠামো আদেশ, ১৯৭০

LEGAL FRAMEWORK ORDER, 1970

The following is the text of the legal Framework Order, 1970 (Presidents Order No. 2 of 1970) issued here today by the President and Chief Martioal Law Administrator, General A. M. Yahya Khan.

Whereas in his first address to the nation on the 26th November 1969, the president and Chief Martial Law Administrator pleged himself to strive to restore democratic institutions in the country.

An whereas in his address to the nation on the 28th November, 1969, he feaffirmed that plege and announced that pollign for a general clection to a National Assembly of Pakistan will commence on the 5th October, 1970.

And whereas he has since decided that polling for elections to the provincial Assemblies shall commence not laterthan he 22nd October, 1970.

And whereas provision has already been made by the Electoral Roll order, 1969, for the preparationn of electoral rolls for the purpose of electionof represenatives of the people on the basis of adult franchise;

And whereasw it is necessary to provide for the constitution of a National Assembly of Pakistan fro the purpose of making provision as to theconstitution of Pakistanin accordance with this Order and provincial Assembly for each province;

Now, therefor, in pursuance of the proclamation of the 25th day of March, 1969, and exercise of all powers enabling himin that behalf, the president and chief martiao law adminstrator is pleased to make the following order.

Short title and commencement

1. (a) This order may be called the leagal framework order, 1970.

(b) It shall come into force on such date as the president may by notification in the official Gazette, appoint in this behalf.

order to override other laws

2. This order shall have effect notwithstnding anything to the contray contained in the provisional constitution order, the constitution of 1962 of the Islamic Republoic of Pakistan or any other law for the time being in force.
3. (a) In this order, the National Assembly of Pakistan or a Provincial Assembly for a province provided for in this order;

(ii) “commission” means the Election Commission constituted under Article 8;

(iii) “Commissioner means the Chief Election Commissioner appointed or deemed to be appointed under the Electoral rolls order, 1969 (P. O. No. 6 of 1969);

(iv) “Electoral roll” means the electoral roll prepared under the Electoral Roll Order, 1969, (P. O. No. 6 of 1969);

(v) “Member” means member of an Assembly;

(vi) “Speaker” means the speaker of the National Assembly; and

(vii) “Centrally Adminisestered Tribal Areas” has the same meaning as inthe province of West Pakistan (Dissolution) order, 1970,

(b) In relation to the territories included at the commenceement of this order in the province of West Pakistan, references to a province and a provincial Assembly shall be construred as references respectively to a new province provided for in the Privince of West Pakistan (Dissolution) Order, 1970, and the provincial Assembly for such province.

4. Composition of the National Assembly (a) There shall be a National Assembly of Pakistan consisting of there hundred and thirteen members of whom three hundred shall be elected to fill general seats and thirteen to fill seats reserved for women.

(b) In conformity with the population figuers appearing inthe Census of 1961, the number of seats in the National Assembly shall be distributed amongst the provinces and the administered tribal areas, as set out in Schedule 1.

(c) clause (1) shall not be construed as preventing a women from being elected to a general seat.

5. Composition of the provincial Assemblies- (a) There shall be a Provincial Assembly for each provice consisting of the number of members elected to fill general seats and to fill seats reserved for women, as set out in schedule 11 in relation to such Province.

(b) Clause (1) shall not be contrued as prevention a woman from being elected to a general seat.

6. Principle of election. (1) Except as provided in clause (2), the members shall be elected to the general seats from territorial constituencies by direct election onthe basis of adult franchisc in accordance with law.

(2) The President may, by regulation, make separate privision for election of members from the centrally administered tribal areas.

(3) As soon as practicable after the general election of members of the National Assembly, the members from a Province for the seats reserved for women in that Assembly shall be elected by persons elected to the general seats from that province in accordance with law.

(4) The members for the seats reserved for women in a Provincial Assembly shall be elected by persons elected to the general seats inthat Assembly in according with law.

(7) Casual vacancy- Where a seat in the Nationlal Assembly has become vacant, an election to fill the vacancy shall be held within three weeks from the occurnce ofthe vacancy.

(8) Election Commission for conduct of elections- For the purpose of election of the members of an Assembly and matters connected there with, the President shall constitute an Election Commission consisting of the following members, namely:

(a) the Commissioner,who shall be the Chairman of the commission; and

(b) two other members, each being a person who is permanent Judge of a High Court.

(9) Qualifications and disqualifications for being a member. (1) A person shall subject to the provision of Clause (2), be qualified to be elected as, and to be a member if;

(a) He is a citizen of Pakistan;

(b) He has attined the age of towenty-five years; and

(c) His name appears on the electoral roll for any constituency in the Province or centrally administer tribal areas from which he seeks election.

(2) A person shall be disqualified from being elected as, and from being, a member if;

(a) He is of unsound mind and stands so declared by a competent court; or

(b) He is an undischarged insolvent, unless a period of ten years has elapsed since his being adjudged as insolvent; or

(c) He has beeb, on conviction for any offence, sentenced to transporation for any term or to imprisonment for a term of not less than two years, unless a perion of five years, of such less periodas the President may allow in any particular case, has elapsed since his release; or

(d) He has been a member of the President’s Council of Ministers at any time following 1st August, 1969. unless a period of two years, or such less period as the president may allow in any particular case, has elapsed since he ceased to be a Minister; or

(e) He holds any office in the service of Pakistan other thann an office which in not a whole office remunerated either by salary of by fee; or

(f) He has been dismissed for misconduct from the service of Pakistan unless a period of five years, of such less period as the President may allow in any particular case, has elapsed since hsi dismissal; or

(g) Such person in the spouse of a person in the service of Pakistan; or

(h) He, whether by himself or by any person or body of persons in trust for him or for his benefit or on his account or as a members of a Hindu undivided family has any share of interst in a contract, not being a contract between a co-operative society and Government, for the supply of goods to, or for the executonof any contract of the performanceof any servicesundertaken by Government;

Porvided that thedisqualification under sub-clause (h) shall nodt apply to a person-

(i)         whater the share or interest in the contract devoles ofn him by inheritance or succession, or as a leagate, exxcutor or administrator untill the expiration of six month after it has so devolved on him or such longer preiod as the President may, in any particular case, allow; or

(ii)        Where the contract has been entered into by or on behalf of a public company as defined in the Companies Act, 1913 (VII of 1913), of which he is a share-holder but is neither a director holding an office of profit under the company nor a managing agent; or

(iii)       where he is a member of a Hindu undiviede family and the contract has been enteredinto by any other members of that family in course of carrying of a separate business in which he has no share or interst.

(3) For the avoidance of doubt, it is hereby declared that a Judge of the Supreme Court or a High Court, the comptroller and Auditor-General of Pakistan, the Attorney-General of Pakistan and an Advocate-General of a Province are persons holding offices in the Servece of Pakistan.

(4) If any questionn areses whether a member has, after his election, become subject to any disqualification, the commissioner shall place the question before the Election Commission and, if the opinionof the commission be that the member has become so subject his seat shall become vacant.

10. Bar agains Candidature.- (1) No person shall at the same time be member of more than obe Assembly ora member of the same Assembly for more than one consituency.

(2) Nothing in clause (1) shall prevent a person from being at the same time a candidate for election from two or more constituencies, but of a person has been elected as a member for two or more constituencies anddoes not, whithin fifteen days of the notification of his election by the constituency by which has been elected last, make a declaration in writing under his hand addressed to the Commissioner specifying the constituency which he wishes to represent, all his seats shall become vacant, but so long as he is a member for two or more constituencies be shall not sit or vote in an Assembly.

11. Resignation, etc, (1) A member may resign his seat by notice in writing under his hand addressed to the Speaker,

(2) If a member if absent from the assembly without leave of the speaker for fifteen consecutive sitting days. Hiis seat shall become vacant.

(3) If a member fails or take and subscribe an oath in accordance with Article 12 within a period of seven days from the date of the first meeting of the assmbly after his election, his seat shalll become vacant.

Provided that the speaker or, if the speaker has not been elected, the Commissioner, may, before the expiration of the said period, for good cause shown, extent the period.

12. Oath of members of Assembly. A person elected as a member of and subscribe, before a person presiding at a meeting of the Assembly an oath or affirmationn in the follwing form, namely:

“………… do solemnly swear (or affirm) that I will bear true faith and allegiance to Pakistan and that I will discharge the duties upon which I am about to enter honestly, to the best of my ability, faithfully in accordance with the provisions of the Legal Framework Order, 1970 the law and rules of the assmbly set out in that order, and always in the interst of the solidarity, integrity, will-bein and prosperity of Pakistan.”

13. Date of Polling. For election to the National Assembly shall commence of the 5th October, 1970, and polling for electionn to the Provincial Assembles shall commence on a date not later than the 22nd October, 1970.
14. Summoning of National Assembly, etc. –() After the cloose of the general election of members of the National Assembly, the President shall, for the purpose of framing a constitution of Pakistan, summon the National Assembly to meet on such day and at such time and place as he may think; and the National Assembly so summoned shall stand constituted on the day of its first meeting:

Provided that nothing in this clause shall be construed as preieniting the president form summonign the National Assembly on the ground that all the seats of the members have not been filled.

(2) After meeting as convenced under clause (1) the National Assembly shall meet at such times and placesas the Speaker may decide.

(3) Tha National Assembly shall, subject to reasonable adjourmments. Meet from day to day to transact its business.

15. Right of address, etc. of President. –The President may address the National Assembly and send a message or messages to the Assembly-
16. Speaker and deputy Speaker.- (1) The National Assembly shall, as soon as may be, elect two of its members to be respectively the Speaker and deputy Speaker and shall, so often as the office of Speaker or deputy Speaker becomes vacant, elect another member to be the Speaker, or as the case may be, Deputy Speaker.

(2) Until the Speaker and Deputy Speaker are elected, the Commissioner shall presid at the meeting of the National Assembly and perform the functions of Speaker.

(3) Where the office of the the speader is vacant, the Deputy Speaker, or, of the office of the depuity Speaker is also vacant, the Commissioners, shall perform the functions of Speaker.

(4) During the absence of the Speaker from any meeting of the National Assembly, the Deputy Speader or of the Deputy Speaker is also absent, such member as may be determined by the rules of proceduer of the Assembly, shall perform the functions of Speaker.

(5) A member holding office as speaker or Deputy Speaker shall cease to hold that office-

(a) If he ceases to be a member of the National Assembly;

(b) If he resings his offices by writing under hsi hand addressed to the President; or

(c) If a resolution expressing want of condidence in him is moved in the Assembly after not less than fourteen days’ notice of the intention to move it and passed by the votes of not less than two-thirds of the total number of members of the National Assembly.

17. Quoram and Rules of Procedure.- (a) If at any time during a meeting of the National Assembly, the attention of the person presiding at the meeting is drawn to the fact that the number of persons Present in less than one hundred, the person presiding shall either suspend the meeting until the numbers present is not less than one hunderd or aduourn the meeting.

(b) The procedure of the National Assembly shall be regulated by the rules of procedure set out in Schedule III; in particular the National Assembly shall decide how a decision relating to the Constitution Bill is to be taken.

(c) The National Assembly may act notwithstanding any vacancy in the seat of a member and on proceedings in the Assembly shall be invalid by reson that some members whose election is subsequently held to have been void, or who, after election, had incurred a disqualification for membership voted or otherwise took part in the proceedings.

18. Privileges, etc. of the National Assembly- (a) The validity of any proceedings in the National Assembly shall not be callled in question in any court.

(b) A member or a personn entitled to speak in the National Assembly shall not be liable to any proceedings in any court irespec of anything said or any vote given by him in Assembly or in any Committee there of.

(c) The exercise by an officer of the National Assembly of the powers vested in him for the regulation of procedure, the conduct of business or the maintenance of order in or in relation to any proceeding in the Assembly, shall not be subject to the jurisdictionn of any court.

(d) A person shall not be liable to any proceeding in any court in respect or the publication by, or under the authority of the National Assembly of any report, paper, vote or preceedings.

(e) No process issued by a court or other authurity shall, except with the leave of the Speaker, be served or executed within the prepcincts of the olace where a meeting of the National Assembly or of any Committee there of is being held.

19. Allowance and privilleges of Memberss. The Speaker, the Deputy Speaker and the other Members shall be entitled to such allowances and privincges as the President may, by order, prescrive.
20. Fundamental Principles of the constitution- The Constitution shall be so framed as to embody thefollwing fundamental principles:

(a) Pakistan shall be a Fedral Republic to be known as the Islamic Republic of Pakistan in which the Provinces and other territories which arenow and may hereinafter be included in Pakistan shall be so untited in a Federation that the independence, theterritorial integrity and the national solidarity of Pakistan are ensuredand that the unit of the Federationn is not any manner impaired.

(b) (i) Islamic ideology which is the basis for the creatio of Pakistan shall be preserved; and

(ii) The head of the state shall be a Muslim.

(c) (i) Adherence of fundamental principles of democracy shall be ensured by providing direct and free periodical elections to the Federal and the Porvincial Legislatures on the basis of population and adult franchise;

(ii) The fundamental rights the citizens shall be laid down and guaranteed;

(iv)       The independence ofthe judiciary in the mattier of dispensation of justice and enforcement of the fundamental rights shall be secured.

(d) All powers includinglegislative, administrative and financial, shall be so distributed between the Federal Governments and the Provinces that the Provinces shall have maximum legislative, administrative and financial powers, but the Federal Government shall also have adepuatc powers including leglative, administrative and financial powers to discharge its responsibilities in relation to externnal and internal affairs and to preserve the independence and territorial integrity of the Country.

(e) It Shall be ensured that-

(i) The people of all areas in Pakistan shall be enabled to participate fully in all froms of national activities;p and

(ii) Within a specified period, economic and all other dispartities between the Provinces and between differet areas in a Province are removed by the adoption of statutory and other measures.

21. Preamble of the Constitution- The Constitution shall contain, in its Preamble, an affirmation that;

(a) The Muslims of Pakistan shall be enabled, individually and collectively, to order their in accordance with the teachings of Islam as set out in the Holy Quran and Sunnah; and

(b) The minorities shall be enabled to profess and practise their religions freely and to enjoy all rights, privileges and protection due to them as citizens of Pakistan.

22. Directive Principles- The Constitution shall set out directive principles of State policy by which the State shall be guided inhe matter of;

(a) Promoting Islamic way of life;

(b) Observance of Islamic moral standards;

(c) Providing facilities for the teaching of Holy Quran and Islamiat to the Muslims of Pakistan; and

(d) Enjoingn that on law repugnant to the teachings and requirement of Islam, as set out in the Holy Quran and Sunnah, is made.

23. National and Provincial Assemblies to be the first Legislatures- The Eonstitution shall provide that-

(a) The National Assembly, constituted under this Order, shall:

(i) be the firs legislature of Federation for the full term if the Legislature of the Federation consists of one House. and

(ii) be the first lower house of the Legislature of the federation for the full term if the Legislature of the Federation consists of two Houses.

(b) The Provincial Assemblies elected in accordance with this Order shall be the First Legislatures of the respective Provincies for the full term.

24. Time for froming the Consititution. – The National Assembly shall from the Constitution in the form of a Bill to be called the Constitution Bill within a period of one hundred and twenty days from the date of its first meeting, and on its faifure to do so shall stad dissolved.
25. Authentication of Constitution- The Constitution Bill, as passed by the National Assembly, shall be presented to the President for authentication. The National Assembly shall stand dissolved in the event that authentication in refused.
26. Purpose for which Assembly may meet. – (a) save as proviede in this Order for the purpose of framing a Constitution for Pakistan, the National Assembly shall not meet in that copacity, until the Constitutuion Bill passed by that assembly and authenticaion by the President, has come into force.

(b) A Provincial Assembly shall not be summoned to meet until after the Constitution Bill passed by the National Assembly has been authenticated by the President, and has come into force.

27. Interpretation and aAmendment of Order, etc. – (a) Any question or doubt as to the interpretation of any provision of this Order shall be resolved by a decision of the President, and such decision shall be final and bot liable to be questioned in any Court.

(b) The President, and not the National Assembly, shall have the power to make any amendment in this Order.

SCHEDULE-1

[Art. 4 (2)]

National Assembly of Pakistan

            General.         Women.

East Pakistan            162     7

The Punjab    82        3

The Sind        27        1

Baluchistan   4          1

The North-West Frontier Provice            18        1

Centrally Administered Tribal Areas       7

Total   300     13

SCHEDULE-II

[Art. 5 (1)]

Provincial Assemblies

            General.         Women.

East Pakistan            300     10

The Punjab    180     6

The Sind        60        1

The North-West Frontier Provice            40        2

Total   600     21

পরিশিষ্ট-২

ইয়াহিয়ার ১লা মার্চের (১৯৭১) বক্তৃতা

Text of President Yaha Khan’s Statement on March 1, 1971

The folloing is the text of President Yaha Khan’s statement:

“Today, Pakistan faces her gravest political crisis. I, therefore, consider it necessary to appraise you of the situation and the action that I propose to take to resolve our present difficulties.

But before I do that let me recount to you the steps that I took from the day that the responsibility for the odministration of this country develoved on me to transfer powere to the elected representatives of the people.

In my very firs address to the nation I had indicated the need for the smooth transfer of power. Since then we have moved forward step by step towards the achievement of this aim.

In spite of there being Martial Law in the country I did not ban the political parties and in fact permitted full political activity with effect from the first of January 1970.

Later in March 1970 the Legal Framework Order under which elections were to be held, was duly notified. All other work, including deliminiation of constituencies and preparation of electroal rolls, was completed with speed.

The election campaign which was long and ardus, ended up in, what we may all claim with pride one of the most peaceful and well-organized general elections on the basis of adult franchise.

As you know, the elections were finally completed on 17th January 1971.

Just Prior to the elections in my address of the 3rd of December, 1970, I had suggested to the leaders of the political parties that it would be useful for them to employ the period between elections and the first session of the National Assembly in meeting each other and arriving at a consensus on the main provisions of our future constitution.

I had, at the time, indicated that to be successful these meetings would call for spirit of give and take, trust in each other and realisation of the extreme importance of this particulare juncture in our history. Appreciating the great significance of such exchanges of vies between political leaders I tried to facilitate the process by giving them enough time to do so.

I, therefore, decided to fix the third of March as the date of the inaugural session of our National Assembly.

In the past few weeks certain meetings between our political leaders have indeed takeb place. But I regret to say that instead of arriving at a consensus some of our leaders have taken hard attitudes. This is most unfortunate. The political confrontation between the leaders of East Pakistan and those of the West is a most regrettable situation. This has cast a shadow of gloom over the entire nation.

The position briefly is that the major party of West Pakistan. namely, the Pakistan People’s Party, as well as certain other political parties, have declared their intention not to attend the National Assembly sesion on the third of March, 1971. In addition, the general situation of tensio created by India has further complicated the whole position. I have, therefor, decided to postpone the summoning of the National Assembly to a later date.

I have repeatedly stated that a constitution is not an ordinary piece of legislation but it is an agreement to livetogether. For a healty and viable constitution, therfore, it is necessary that both East and West Pakistanhave na adequate sense of participatation in the process of constitution making.

Needless to say I took this decissions to postpone the date of the National Assembly with a heaby heart. One has, however, to look at the practical aspects of such problems. I realized that with so many representatives of the people of West Pakistan keeping away from the Assembly if we were to go ahead with the inaugural session of the 3rd of March the Assembly itself could have disitegrated and the entire effort made for the smooth transfer of power that has been outlined earlier would have been wasted.

It was, therfore, imperative to give more time to the political leaders to arrive at a reasonable understanding on issue of Constitution-making, Having been giveb this tiem I have ever hope the they will rise to the occasion and resolve this problem. I wish to make a solemn promise to the people of Pakistan that as soon as the environments enumerated earlere become conducive to constitution making I will have no hesitationn in calling the session of the Assembly immediately. As for myself, I would like to assure my countrymen that I shall do everything my power to help the political leaders in achieving our common goal with even handed justice which I have all along been doing.

“In the end, I pray to Almighty Allah to guide us all in acting according to the dictum of the Father of the Nation, namely, faith, unity and discipline, I appeal to the politicasl leaders and all my countrymen to exercise the utmost restaint at this grave hour of our lives.”

পরিশিষ্ট-৩

১লা মার্চ (১৯৭১) হোটেল পূর্বাণীতে সাংবাদিকদের কাছে শেষ মুজিবের বিবৃতি

Talk with pressmen after the parliamentery party meeting talk with pressmen after the parliamentary party meeting at Hotel Purbani, on March 1, 1971.

Sheikh Mufibur Rahman, The Awami League Chief, while talking to the pressmen imediately ater the parliamentary party meeting at Hotel Purbani follwing the announcement to the postponement of the National Assembly session, said that he would make all sacrifies for the emanchpation of the 70 million Bengales.

He further said that a united fight has to be put for ending the colonial treatment to which Bengalees have ben subjected for the last 23 years.

The Sheikh said: “Only for the sake of a minority party’s disagreement, the demoratic process of constitution making has been obstructed and the National Assembly session has been postponed sine die. This is most unfortunate as far as we are concerned. We are the repressentative of the majority people and we cannot allow it to go unchallenged.”

Sheikh Mujibur Rahman announced a programme for the next 6 days which included observance of complete trike today in Dhaka and a country-wide strike on the 3rd March the date earlier fixed for the National Assembly to meet. On the 7th March a public meeting will be held at the Race course maidan in which the Awami League Chif shall announce the final programme. The Sheikh uttered a note of warning: “YOu will see history made if the conspratirators fail to come to their senes.” In a determined voice sheikh Mujib declared:

We are ready for any consequence. I have mentioned many times the fact that a conspiracy if going on in this country. There was a General Election and the people have elected us to serve them and we have responsibility towareds them. But in spite of the clear verdict in our favour, the conspiracy has struck its root.

The majority of the elected representatives of the people are from Bangladesh and in collaboration with the elected representatives from West Pakistan with exception of Bhutto’s an Quyyum’s Parties, we were quite capable of framingthe Constitution. We cannot betray our people and we cannot betray the trust the people have placed on us. We shall continue our struggle until we achieve our goal. You know that there is Martial Law in the country. But the Chairman of the Pakistan People’s Party has threatened the members of the National Assembly from West Pakistan who were willing to come to East Pakistan to attend the session that the would be liquidated if they come to East Pakistan to attend the National Assembly Session. Mr. Bhutto has taken the Law in his own hands. Is the Law and Order situation only ment for the poor Bangladesh?”

Sheikh Mujib continued “Wer want co-operation and we have told them repeately that they should come to the National Assembly wher we will be able to discus the framing of the constitution for five days at a time and hold discussion for another five days. Democracy demands that the voice of the majority should be accepted. But in our case, the minority party has always had the upperhand. I suggested that 15th February be set for the opening of the National Assembly, but the Assembly was called for in the first week of March in accordance with the wishes of the minority party.

“This is nothing but a conspiracy which has been played for long 23 years in this country and is still going on lnly to exploit the 70 million people of Bengal. It is intended to keep Bengal as the colonial market and we are fighting for justice and fairplay and we shal continue fighting untill we achieve our goal.”

In reply to a question whether he woul prooclaim unilateral independence, Shaikh Mujib sasid “You Wait”. When asked by correspondent whether he was consulted before the postponement of the National Assembly, he saik, “No”.

To a question of another correspondent regrading the unarming of the police force at Rajarbagh Ploce LInes Shaikh Mujibur Rahman epressed his ignorance about it and requested the Press to Publish any information they may have in this respect.

When asked whether he apprehend arrest of his Party members, he said that they were ready for any consequences. Many times they had courted arrest before. He added, “My people are with me and let us hope for best and prepare for the worst”.

When asked whether he will oppose Consorship if imposed on the Press Sheikh Mujib repliied, “I oppose everything that curbs the freedom ofthe people.”

He informed the press that members of the Awami League Parliamentary Party renewed their pledge to fight to the ent and make any scrifices to achieve the right of the people. He categorically declared that any sacrifice was too small for the emancipation of the people of Bangladesh, He also infirmed that he would discuss latest developments with Moulana Bhashani, Md. Nurul Amin. Mr. Ataur Rahman Khan, Professor Muzaffar Ahmed and other leaders, as soon as possible.

Replying to a question about the fate of non-Bengalees living in Bengal, the Awami League Chief saik, “They are sons of the soil, they should think this soil as their own and they must join with the people here.”

To a question as to what west pakistan should do Sheikh Mujib said, “they should also rise to the occasion and protest against this conspiracy.”

In course of hsi tald Shaeikh Mujibur Rahman stated that Mr. Bhutto had always been acting in the most irresponsible manner. During the Round Table Conference called by Ayub Khan, he declined to attend. Bhutto had also refused to participate in the elections but subsequently agreed to participate. Now he has refused to attend the proceedings of the National Assembly and in all these instances he was given preference over the leader of the majority party. Sheikh Shahib stated. “so far as I am concerned, my people have given a verdict on the six-point programme and we shall form the constitution on the basis of Six points and Eleven Points.

পরিশিষ্ট-৪

৩রা মার্চ পল্টন ময়দানে শেখ মুজিবের ভাষণ

Sheikh Mujibur Rahman’s speech in a public meeting at Dhaka on March 3, 1971.

Dhaka. March 3 Awami League chief Sheikh Mujibur Rahman today urged the authorities to withdraw the forces from the city and handover the power to the elected representatives of the people.

The authorities must realise that the people wanted self –rule and if they were resisted by force they woul not hesitate of sacrifie their life. The Awami League chief said while addressing a massive public meeting at Paltan Maidan hee this afternoon.

He also issued directives to the people of Bangladesh not to pay any taxes until and unless power was transferred to the people’s representatives.

The massive public meeting was organised by the Student’s League as a part of the province-wide hartal call given by the Chief of the Awami League.”

“By obstruction the constitutional method the authorities have virtually compelled the people to shed their innocent blood for realising their legal rights. This is absolutely intolerable. I apeal to the authorities concerened to immediately stop this wrong course by withdrawing Martial Law and transferring power to the elected representatives.”

The massive public meeting was presided over by the Students’ League Chief, Mr. Noure Alam Siddiqi. The metting was also addressed among others, by the General Secretary of Jatia Sramik League Mr. Abdul Mannan, the General Secretary of the Stududent League, Mr. Shahjahan Siraj, and the General Secretary of thd Dhaka University Central Students Unin (DUCSU) Mr. Abdul Quddus Makhan.

In an emotion choked voce the Sheikh in his 30-minute speech called upon the peope to continue their struggle in a peaceful and organised manner.

He urged the people to be alert against aent-provocators and to maintain complete peace and dicipline, otherwise the purpose of the movement would be spoiled.

He called upon the people from all walks of life to rise to the occasion and protect the life and protect the life and property of everyone living in this part of the country, whether Hindu or Muslim, Bengali or non-Bengeli.

Reminding the authorities that he as well as the people of Bangladesh were ready to die for the realisation of people’s legitimate rights, he declared in clear-cut terms that the people were ready to face all the eventualities.

He saiid that he would never betray the cause of the people of Bangladesh even facing death.

The Awami league chief said that the authorities had taken action against those who had been asking for peaceful transfer of power.

Anouncing his programe of action upto March 7 next, he said that he would seek help and-co-operation from all shade of opinion for the success of the movement.

He said that the hartal would be observed throughout Bangladesh everyday from 6 a.m. to 2 p.m. after the hartal the vehicle should be allowed to move. He suggested and urged the people to pay a bit more to the rickshaw pullers to cover their day’s earnings.

He will address a mass rally at the Race Course Maidna at 2 p.m. on sunday. He said that hartal was to be observed in all organisations, including Government offices, secretariat, High Court and other courts, semi-Government and autonomous corporations, PIA, Railway and other communication services, transports, all mills, factories, industrial and commercial establishments and markets.

He said that the forces were being maintained for protecting the country, and they could not be used against the common massess, Sheikh Sshib urged the authorities to pull back the forces to their barracks without further delay.

Shikh Mujibur Rahman said that he had no language to condemn the incidents that took place in the city last night.

Sheikh Sahib make it clear that the present situation in the country was not the creation of his or any other people of Bangladesh, but of the conspirators who had been trying to sabotage the peaceful transfer of power to the elected representatives of the people. The majority party had been even ignored while taking important national decisions, he said.

Sheikh Sahib advised each and every person of Bangladesh to observe the hartal according to schedule in peaceful and disciplined manner.

He, however, said that exemptions were to be exteneded only to ambulances, Press cars, hospitals, medicine shops, water and electricity supply.

Sheikh Sahib said that the speech at Paltan Maidan today might be his “Last Speech” and advised the people to continue their struggle in full swing even if he was absent. He said that there were a chani of leaders, among hsi companions, who would be able to continue the straggle, among his companions, who would be able to continue the straggle without any trable.

The Sheikh who was earlier scheduled to lead a huge procession after the meeting, announced that the procession would not be led. Instead he led a prayer for the salvation of the departed souls of the martyrs who had, he maintained, died in the struggle for democracy.

Other speakers at the meeting called upon the people to maintain peace and hermony among the people and desist from looting and other anti-social activities.

They declared in unequivocal terms that the people of Bangladesh could not supporesed any more and they must achieve their goal at any cost.

The meeting in a resolution condemned the firing in different parts of the city during that last two days and prayed for the salvation of the departed soul. It expressed its deep sympathy with the members of the bereaved families.

In another resolution, the meeting called upon the people from all walks of life to take active part in the movement for the realisation of the people’s fights under the dynamic leadership of sheikh Mujibur Rahnam.

The meeting took a fress vow for the establishment of a society in Bangladesh, where would be no exploitaion and people would live in peace.

Sheikh Mujib gave call for “peaceful satyagrah” movement for the realisation of the fights of the people of Bangladesh and appealed to the people to maintain peace for the success of the struggle.

Sheikh Mujib also appealed to the people to gaurd aganist looting and arson and to maintain peace at all costs. Any attempt to disrupt peaceful life must be resisted, because without strict discipline no mass movement could attain any succes.

Sheikh Mujib appealed for communal peace and added the Beharies and non Muslims “are our sacred trust”.

He referrd to the sacrifice of lives by Bengalis during the last 23 years and during yesterday’s observance of hartal in the city.

He said “I do not know how many people died yesterday” adding that he himself heard the firing of machine-gun. He also led the prayer at the meeting for those who died. The dead bodies of a few persons, who died yesterday, were also broght to the public meeting.

Sheikh Mujib said he wanted to spell out the future couse of action, and added if the attitudue of the Government remained unchanged till March 7, he would give out hsi mind at the race course, where he is scheduled to address a public meeting. He said if he failed to turn up for any unforseen reasons there would be others to annouce the future course of action.

He said the manitenance of discipline was the prerequisite for the success of any mass movement. Without discipline no movement could achieve any tangible results “no matter how many lives we sacrifice”. He particularly reminded the Volunteers of their responsibilities in this connection.

Shaikh Mujib said “we are not responsible for the present state of affairs”. He said they as the majority party in the country were in favour of the National Assembly session on February 15, but Mr. Z. A. Bhutto wanted it to be deferred to the firs week of March, and when it was summoned to meet today he (Bhutto) oppose it agani.

TheAwami League chief regretted the stand taken by the people’s Party chief on the sesion of the National Assembly, which was to begin today, and added although they “were ready to attent the session the use of arms was” directed at the Bengalis. He also referred to threats of PPP chief to set a fire West Pakistan if the session was not postponed.

Sheikh Mujib, in apparent reference to west Pakistan leaders, Said “If you do not want to frame one constitution and you frame your own. Then let us see if we can live together as brothers.”

The Awami League chief said the people of Bangladesh freed him from jail at the cost of their lives and shed their blood in the last. We are ready to make further sacrifices and give more blood.” He added “You cannot suppress the Bengalis by killing 70,000,00 Bengalis.”

Sheikh Mujib said if he died his soul would be there to be happy to find the Bengalis free and that they have square meals a day to sirvive.

Sheikh Mujib said he did not have any grudge against the poor people of West Pakistan. The had been trying to live together for the last 23 years but West Pakistan now wanted to secede because the knew it well by now that they could not perpetuate their exploitation on them.

The Awami League leader also called upon the Press not to obey any restriction on them, if any, and if they failed to resist it they should refuse to attend their offices. He told the Press that “it is a national struggle”, and everyone’s participation was essential.

পরিশিষ্ট-৫

ইয়াহিয়ার ৬ মার্চের (১৯৭১) ভাষণ

TEXT OF PRESIDENT YAHA KHAN’S BROADCAST ON MARCH 6, 1971.

“MY DEAR COUNTRYMEN,

“ASSALAM-O-ALAIKUM,

In my statement of the 1st of March I had recounted to you the steps that I took to transfer power to the elected representatives of the people. In the same statement I had also said that I, on my part, would do everything possible to help you elected leaders in moving towards the attainment of our common goal which was and which continuses to be, a smooth transition towards a demcratic way of life.

“As you would recall, in this direction my latest step has been to call a conference of the Leaders of all parliamentary groups to meet me at Dhaka on the 10th of March. Unfortunately, however, in total disregard of my genuine and sincere efforts to bridgh the gap between the various points of vies, the response to my call has been rather discouraging particularly from the leader of our majority party who, beford the announcement from the leader of our majority party who, before the announcement over the radio, had given me the impresion that he would not be averse to the idea of such a conference. His outright rejection was, therefor, both a surpise and a disappoinment. As you are aware, Mr. Nurul Amin has also refused to participate. This in effect means that there would be no representative from East Pakistan in the proposed conference.

“You will thus see that from the time the elections were completed practically every step that I took in the process of transfer of pwoer has in one way or another been obstructed by some of our leaders. I might also mention at this stage, that after the completion of elections on the 17th of January and after I had meet the leaders of the two major parties and the leaders had meet among themselves at Dacca I had invited them to come and discuss the situation with me more than one occation with a vies to come and discuss the situation with me on more than one occasion with me on more than one occasion with a vies to come and discuss the situation with me on more than one occasion with a view to working out an acceptable method of moving forward. I regret to say that the president of Awami League did not think it fit to respond to my invitations and we thus lost the oppertunity of avoiding misunderstandnings and of working out and amicable solution.

“As the resulting enbironments were not conductive to constituion making that a very large number of West Pakistan representatives refused to attend the Assembly session on the 3rd of March, I came to the conclusion that having the inaugural session of the National Assembly on that date would be futile exercise and was likely to result in the dissolution of the Assembly itself. I, therefore, tried to save the situation by postponding the date of the session. I had therby hope to achieve two purposes-firstly, to save the assembly and all the national effort that had gone into its hirth, and secondly, allow time for passions to cool down and a frutful dialogue to take place. But instead of accepting the decision in the spirit in which it was taken, our East Pakistan leadirship reacted in manner which resulted in destructive elements coming out in the streets and destroying life and property. Neelless to say, no Government could have remained a silent spectator in such a situation. It was, therefore, my moral obligation to take the minimum essential measures for protecting the lives and property of the innocent and otherwise peaceful law-abiding citizens who in the absence of any such measures would have fallen victims to extremist elements. I am, however, sorry to say that lawlessness continues to be the order of the day in East Pakistan.

Misunderstand

“For some reason, the postponement of the date of the Assembly session has been completely misunderstood. Whether this is deliberate of otherwise I cannot say but one thing is certain this misunderstanding has become the rallying cry for the forces of disorder. When such forces become activated the main sufferesrs are the innocent citizens whose daily life is seriously distrubed and who are in constant danger of suffering bodily herm and even death. While realising that an application of adequate force can effectively bring the situation under control. I have deliverately ordered the authorities in East Pakistan to use the absolute minimum force required to stop the law-breakers from loot, arson and murder.

“It will be seen that only one of my purposes behind the postponement of the session of the Assembly-namely the preservation ot the Assembly itself, has been achieved. The other and equally important purpose of having a fruitful dialogue has however not been achieved. In the meanwhile innocent lives are being lost for which the bereaved families have my fullest sympathies and which in a situation that is not of my creation is the least that I can offer.

“As explained earlier, my efforts to arrive at a date for the opening of the National Assembly session in consultation with political leaders have been frustrated.

“I, therefore, in my capacity as President and Chief Martial law Administrator of this country, feel duty bound to resolve this unfortunate impasse by taking a decision myself. I cannot wait indifinitely. I have consequently decided that the inaugrual session of the National Assembly will take place on 25th of March. It is my sincere hope that this decision will elicit a patritic and constructive response form all our political leaders.

“Since my efforts to get the leaders to arrive at a broad consensus on the process of constitution making have not succeeded, to those political parties who may have doubts about viability of the future consititution of Pakistan, I would like to say that on better assurance than the provisions of the Legal Framework order is needed.

“Finally let me make it absolutely clear that no matter what happens, as long as I am in command of Pakisntan Armed Forces and head of the state. I will ensure complete and absolute integrity of Pakistan. Let there be no doubt or mistake on theis point. I have a duty towards millions of people of east and West Pakistan proseve this country. They expect thei from me and I shall not fail them. I will not allow a handful of people to destroy the homeland of Millions of innocent Pakistanis. It is the duty of the Pakistan Armed Forces to ensure the integrity, solidarity and security of Pakistan a duty in which they have never failed.

“Let us go forth with full confidence in ourselves and faith in Almighty Allah towards the goal we have set before us for acheving a democratic way of life and enalble the elected representatives of the people to fulfil their duty which the nation expects of them.

“God bless you all.”

“Pakistan Paindabad.”

পরিশিষ্ট-৬

আওয়ামী লীগ সংবিধান কমিটি কর্তৃক ৬ দফার ভিত্তিতে প্রণীত এবং ১৫ই মার্চ থেকে ২৪ মার্চ পর্যন্ত আলোচনায় ইয়াহিয়ার কমিটির কাছে পেশকৃত পাকিস্তানের খসড়া শাসনতন্ত্র (অংশ)

PREMBLE

In the name of Allah, the Beneficient, the Merciful, We, the people of the autonomous Statd of Bangladesh, the Panjab, Sind, Pakhtunistan and Baluchistan.

Having by our common struggle against colonial rule attained the right of self determination.

In order to secure for ourselves and for our posterity the right to live in freedom and with dignity and to establish a real, living democracy, wherein equality and justice, political, economic and social, would prevail.

Having had to struggle, since independence, against successive usurpers of the power, which rightfully belonged to the people.

Having now attained victory, as a result of the heroic sacrifices of the martyres who laid down their lives in order to end exploitaion of man by man, and region by region.

Resolving that the high ideals for which they laid down their lives shall be fundamental principles of the Constituion.

Further resolving that guarantees shall be embodied in this Constituion to enable the people of Pakisntan, Muslims, Hindus, Buddhists, Christians, Persians and of other religions to profess and practise their religion and to enjoy all rights, privileges and protection due to them as citizens of Pakistan, and in purpsuance of this object to enable the Muslims of Pakistan, inidvidually and collectively, to order their lives in accordance with the teachings of Islam as set out in the Holy Quran and the Sunnah.

Affirming that the Constitution shall effectively guarantee supremacy of civil power, exercised through elected representatives of the people, over the armed forces and all military authorities;

Solemnly pledging that it is our saced duty to abide by and to safeguard, protect and defend this Constitution and to maintain its supremacy, as the embodiment of the will of the people and the basis, freely determined by them, for living together and obtain our rightful place amongst the nations of the world and make our full contrubution towards international peace and the progress and happiness of humanity.

In THIS ASSEMBLY, this the day of

One thousand nine-hundred and seventy-one, corresponding to the day of 1301 A.H. and the day of

1377 B.S. WE DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

PART-1 THE FEDERAL REPUBLIC AND ITS TERITORIES

The Republic and its territories

1 (1) Pakistan shall be a Federal Republic under the name of Federal Republic of Pakistan, and shall e composed of the autonomus States of Bangladesh, Punjab, Sind, Pakhtaunistan and Baluchista, and such other territories as may become included in Pakistan, whether by accession of otherwise.

(2) The territories of each of the State as are included in pakistan are specified in the First Schedule.

Alteration of territories of States

2. No Bill providing for altering the limits of a State or increasing of diminshing the area of any State shall be introduced in the Federal Parliament, unless it has earlier been approved by the Assembly of the State concerned by the votes of not less than two-thirds of the total members of that Assembly.

PART III- DIRECTIVE PRINCIPLES OF STATE POLICY

1. ISLAM

(1) No law shall be repugnant to the injunctions of Islam as laid dwon in the Holy Quran and Sunnah.

(2) Facilities shall be provided for the teaching of the Holy Quoran and Islamiat to the Muslims of Pakistan.

(3) Observane of Islamic moral standard shoul be promoted amongst the muslims of Pakistan.

1. MIGHTS OF MEMBERS OF OTHER RELIGIOUS DENOMINATIONS

Members of all other religious denominations shall enjoy full rights of citizenship and in adding to the constitutional orotecttion of their fundamental rights. Their legitimate rights and interest shall be duty safeguareded in all shheres.

III. ESTABLISHMENT OF A SOCLALIST ECONOMIC SYSTEM WITH A VIEW TO ACHIEVING A SOIETY FREE FROMEXPLOITATION.

With a vies to achieving a just and egalitarian society, free from exploitation of man by man, and of region by region, a socialist economic system shall be established.

1. STATE’S RESPONSIBLITY TO ENSURE BASIC NECESSITIES OF LIFE, EMPLOYMENT, IMPROVEMENT IN THE STANDARD OF LIVING, AND SOCIALO SECURITY.

It shall be a fundamental responsibility of the State to ensure, through planned economic growths development:

(i) The Provision to all citizens of the basic necessities of life, including food, clothing, shelter, education and medical care;

(ii) The right to work, that is, the right to guranted employment at a responable wage, having regard to the quantity and quality of work;

(ii) The right to reasonable rest, recration and leisure;

(iv) The steady and sustained improvement in the standard of living, material and cultural, of the people;

(v) The provision of social security, through, inter alia, the expensive development of compulsory social insurance of industrial, office and professional workers:

(vi) The right to maintainence in old age.

1. RIGHTS OF WORKERS AND PEASANTS

It shall be a fundamental responsibility of the State to safeguard and promote the rights and interests of workers and preasants.

1. EMANCIPATION OF THE RURAL MASSES FROM EXPLOITAION AND IMPROVEMENT IN THEIR QUALITY OF LIFE

The rural masses shall be emancipated from exploitation by, among other measues, the total abolition of the Jagirdari, Zamindari and Sardari systems and the re-orientation of the land system in the iterests of the actual tillers of land……….

************

XVIII. ECONOMIC BENEFITS OF FEDERAL EXPENDITURE

Every effort shall be made to ensure that the economic benefits of federal expenditure shall equitably distributed among all the States in the Federation.

XIX. PEPRESENTATION IN FEDERAL GOVERNMENT

Steps shall be taken immediately to ensure that all the states in the Federation are representated, on the basis of the population of each State, in all spheres of the Federal Government.

1. PEPRESENTATION IN THE DEFENCE SERVICES

Every effort shall be made to ensure that, within the shortest possible time persons from all the States are represented, on the basis of population of each State in all branches of the Defence Services of the Federation and extraordinary measures, if necessary, shall be adopted to implement this Principle.

XXI. REGINAL SELF-SUFFICIENCY IN DEFENCE

Having regard to the extraordinary geo-political situation of Pakistan, each of its two regions shall be made self-sufficient in man, materialsj, training and logistic facilities, in order to defend itself.

XXII. DEVELOPMENT OF LANGUAGE AND CULTURES

Immediate measures shall be taken to ensure that Bengali, Urdu and the languages in use in a State, where appropriate, shall replace English in all walks of life. Every effort shall be made to encourege the development of the language, literature and culture of every area in Pakistan.

XXIII. PROTECTION ANCIENT MONUMENTS

It shall be the obligation of the State to protect every monument or place or objects of artistic or historic interest, declared by law to be of historic significance form spoilation, disfigurement, destruction, of remooval, dispose or export, as the case may be.

XXIV. PROMOTION OR INTERNATIONAL PEACE AND SECURITY

The State shall endeavour to-

(a) Promote international peace and security;

(b) Maintain just and honourable relations between nations,

(c) foster respect for international law and treaty obligations in the dealings of organised peoples with one another; and

(d) encourage peaceful settlement of international disputes.

XXV. STRUGGLE AGAINST IMPERIALISM, COLONIALISM AND APARTHIED

Pakistan shall support the straggle of the oppressed people of the world agains impereialism, colonialism and aparthied.

***

PART-VI THE FEDERAL CAPITAL TERRITORIES

96. (1) The Federal Republic shall have two capitals situated respecitively at Dhaka in the State of Bangladesh and at Islamabad in the State of Punjab.

(2) The area of the federal capital territory at Dhaka (in this Constituion referred to as “The Dhaka Federal Capital Territory”) and the area of the federal capital territory at Islamabad (in this Constitution referred to as “the Islamabad Federal Capital Territory”) shall be determined by the Federal Parliament.

(3) The principle seat of the Federal Parliament shall be located in the Dhaka Federal Capital Terrtory and the proincilpal seat of the Federal Court shall be located in the Islamabad Federal Capital Territory.

Provided, however, that a another seat of the federal Parliament shall be located at Islamabad and a second seat of the Federal Court, including a permanent Division consisting of not less than three judges shall be located at Dhaka and the Federal Parliament and Federal Court shall function for not less than four months at the place where its second seat is located.

(4) The executive organs of the Federal Government shall maintain parallel establishments of equivalent strength in the Dhaka Federal Capital Territory and Islamabad Federal Capital Territory.

(5) The Federal Government shall function during winter with its headquarters in the Dhaka Federal Capital Territory and during summer with its headquarters inthe Islamabad Federal Capital Territory.

(6) The Federal Parliament, by law, shall make provision for the government and administration of the Federal Capital Territories.

pART VII-RELATIONS BETWEEN THE FEDERATION AND THE STATES

CHAPTER-1 LEGISLATIVE POWERS.

Federal and State Law Making Powers

97. (1) Subject to the provisions of the Constitution the Federal Parliament shall have exclusive to make laws for the whole or any part of Pakistan with respect to any matter ensumerated in the Fifth Schedule and each State Assembly shall have exclusive power to make laws for the whole or part of that State in respect of any matter not enumerated in the Fifth Schedule including in particular those matters which are set out in the Sixth Schedule

(2) The federal Parliament may make laws for the whole or any part of Pakistan in respect of matters not enumerated in the Fifth Schedule for the purpose of implementing any treaty, convention or agreement between Pakistan and any other country or of any arangement with of decision of an international organisation of which Pakistan is a member.

Provided that any provision of law enacted in pursunce of this clause shall not come into operation in a State unless the State Government has, by Order, signified its consent to such law having effect within the State.

(3) No law made by the Federal Parliament or a State Assembly shall be invalid or otherwise in operative only on the ground that it would have extraterritorial operation.

(4) Subject to the provisions of the Constitution, the Federal Parliament have power (but not exclusive power) to make laws for the Dhaka Federal Capital territory and the Islamabad Capital territory with respect to any matter not enumerated in the Fifth. Schedule; in the event of any inconsistency between a Federal law or a State law applicable to Federal Capital territories, the Federal law shall prevail.

(5) If the State Assembly of two or more States propose that an act of Parliament should be enacted to give effect to any agreement or scheme between the States concerned effect to any agreement or scheme between the States concerned and if resolutions to that effect are passed by the State Assemblies concerned, it shall be lawful for the Federal Parliament to pass such an Act even if it relates to a matter not enumerated in the fifth Schedule.

(6) For avoidance of doubt, it is declared that Federal Parliament shall only have such powers to make laws as have been expressly conferred upon it by this Constitution and all other legislative powers, including the powers of residing legislation, shall vest in each State Assembly.

98. Any enactment made by a legislature in respect of a matter which is not within its law-making power shall be void.

CHAPTER II-ADMINISTRATIVE RELATIONS BETWEEN THE FEDERATION AND THE STATES

Extent of Executive Authority of the Federation

99. The executive authority of the Federation extends to all matters with respect to which the Federal legislature has exclusive power to make laws.

Extent of Executive Authority of the States

100. The executive authority of a State extends of all matters with respect to which its Legislative has power to make laws.

Federal Regulatory Board for International and Inter-regional communication

101. (1) Ther shall be a federal Regulatory Board for International and Inter-Regional Communications charged with the duty of regulation, subject to clause (4) of this Article, the functioning of the agencies both under private or public ownership, engaged in the international or inter-regional communications, more particularly enumerated in the Seventh Schedule, for the purpose of coordination and rendering of uniform serveces to every

State.

(2) The composition, powers, duties, administration and managemet of the Board referred to in Clause (1) Shall ………. be regulated by an Act of parliament.

(3) The different agencies in the field on international and inter-regional communications owned till the commencement day of the Central Government shall cease to be owned by the Federal Government and the assets and liabilities of such agencies shall be apportioned between the States of Bangladesh of the One Part and the four States of the Punjan, Sind, Pakhtunistan and Baluchistan of the other Part, but any two or more State may by agreement establish agencies for joint ownership, administration and management6 in respect of matters previously dealt with or owned by the Central Government.

(4) The regulatory functions of the Board feferred to in Clause (1) of this Article shall be confined.

(a) In the case of International and inter-region air communication and inter-regional shipping, to ensureing the maintenance of regular service, fixing uniform fares and freight rates, providing safety measures and ensuring compliance with the relevant international conventions to which Pakistan is a party;

(b) In the case of international and inter-regional postal, telegraph and telephone communications, to ensuring adequate services, determination of uniform tates and changes, and ensuring compliance with releveant international conventions to which Pakistan is a party;

(c) In the case of wireless, broadcasting and television, to the allocation of wave lengths for transmission and ensuring compliance with relevent international conventions to which pakistan is a party.

Settlement of Disputes

102. Any disputes between States inter semay be referred by agrement to arbitration.

CHAPTER III-FINANCEIAL PROVISIONS

Federal levy

103. (1) A “federal levy” shall be payable to the Federal Government by each State Government being the propoition stipulated in clause (2) of this Article of the total sum, comprising both local and foreing currency, requirred to meet the expenditures charged upon the federal Consolidated Fund and other expenditures in respect of which demands for grants having been submitted to the federal Parliament have been assented to by the Federal Parliament.

(2) The proportions refferred to in Clause (1) shall be:

(a) Bangladesh          27%

(b) Punjab                  43%

(c) Sind                       21%

(d) Pakhtunistan      7.4%

(e) Baluchistan          1.6%

(3) Each State shall under a fundamental constituional obligation to pay to the Federal Government the federal leby which shall be the firs charge upon the State Consolidated fund of each State.

Federal Finance Commission

104. (1) There shall be a Federal Finance Commission which shall be constituted by an Act of Parliament which shall, subject to the provisions of the Constitution, define the powers and functions of the commission.

(2) The Federal Finance Commission shall once in five years, and for the firs time at the expiry of five years from the commencement day, revies the proportions stipulated by Clause (2) of Article 103 by way of “federal levy” payable to the Federal Government by the State Governments and, upon such review, maintain or alter proportions having regard to the principle of federal equity and, in particular having regard to the ability to pay by each State, the participation of persons of each State in the different spheres of the Federal Government and the pattern of location of the Federal expenditure.

Borrowing by the Federal Government

105. (1) The executive authority of the Federal Government shall extend to borrowing on the security of the Federal Consolidated Fund within the limits imposed by this Constituion and within such further limits, if any, as may be determined by Act of Parliament, and to giving of guarantees within such limits.

(2) The borrowing of the Federal Government shall be limited to borrwing form the public except in the case of ways and means advances within a financial year which advances may be obtained form the Reserve Banks of the States.

(3) The Federal Government securities issued for any borrowing under this Article shall not be eligible as reserves of the commercial banking system.

(4) All liabilities incurred by the Federal Government in respect of foreign loans during the relevent period shall be dealt with in the following manner:

(a) Forign loans incurred for central expenditure which are not allocable between the eastern region and the western region shall be charged to the Federal Consolidated Fund.

(b) The liability to service foreign loans which have been utilised in the eastrn region during the relevant period shall be borne by the State of Bangladesh:

Provided that such liability shall be reduced by an ammount equivalent to the amount transferred dureing the relevant period to the eastern region out of the total forign exchange earned by the State of Bangladesh.

Explanation: The amount of forign exchange deemed to be transferred during the relevant period from the State of Bangladesh to the western region shall be the amount by which the foreign exchange earned by the State Bangladesh but utilised during the relevant in the weastern region exceeds the deficit of the State of Bangladesh in the inter regional trade during the relevant period.

(c) The liability to service foreign loan which remains after the assumption by the State of Bangladesh of such part of the total liability as is referred in sub-clause (b) of this Clause shall be borne by the States of the western region, namely, the States of punjab, Sind, Pakhtunistan and Baluchaistan, and further apportionment, if so desired by the States of western region, between the States of the Punjan, Sind, Pakhtunistan and Baluchistan shall be effected (in such manner and on such basis as shall be provided after consultation with the representatives of the Punjab, Sind, Pakhtunistan and Baluchistan).

Loans of and borrowing by state.

106. (1) The executive authority of a State Government shall extend to borrowing, including borrowing upon the security of the State Consolidated Fund within such limits, if any, as may be determined by an Acto of the State Assembly, and to giving a guarantee within such limits, if any, as may be so determined.

(2) All domestic debt obligations outstanding on the commencement date from the State Covemment to the Federal Government shall be written off.

Federal Reserve System.

107. (1) The State Bank of Pakistan shall be replaced by a Federal Reserve System. so that a Reserve Bank is established for the State of Bangladesh and one or more Reserve Banks are established for the States of the Punjab, Sind, Pakhtunistan and Baluchistan (whether there is to be one or more Reserve Bank in the western region is to be determined in consultation with the representatives of the State conccerned).

(2) The Regional Reserve Bank for Bangladesh shall be incorporated under and regulated by the law of the State of Bangladesh and the other Reserve Bank or Banks shall organ as shall be determined in counsultation with the representatives of the States concerned), and shall, subject to the powers vested in the Federal Reserve Board under clause 3 hereunder, exercised all the powers, funcions and duties in respecto of the area within its iurisdiction as are now exercised by the State Bank of Pakistann in respect of the whole of Pakistan including in particular the follwoing powers and functions:

(a) Acting as Bankers’ Bank and Banker to the State Government;

(b) Custody of the foreign exchange earning and reserves and gold reserves of the State;

(c) Formulation and implementation of monetory policy;

(d) Implementation of measures to prevent fight of capital from one State to another.

(3) The Federal Reserve Board shall have the powers enmueated hereunder and such other powers as the Reserve Banks may be agreement confer upon the Board:

(a) To recommend the external exchange rate of the rupee to the Federal Government;

(b) To issue currency notes and mint coins at the request of the Reserve Bank agains assets provided by the Reserve Bank concerned for circulation in the area within the jurisdiction of that reserve Bankl.

(c) To maintain and regulate mints and security presses:

(d) To perfrom in relation to international financial institutions such functions as were upon the commencement day being performed by the State Bank of Pakistan, which functions shall be performed in accordance with the directions of the Reserve Banks, in respecto of matters affecting such Reserve Banks and the area falling within jurisdiction;

(4) The constitution, powers, functions and duties of the Federal Reserve Board, subject to the provisions of this constitution, shall be determined by and Act of Parliament, and until such time as an Act of Parliament is enacted by the federal Government by order.

Inter State Trade

108. (1) Subject to clause (2) of this article and Assembly of a State shall not have power to make any law prohibiting or restricting:

(i) the entry from another State into the State of indigenous goods ofany class or description;

(ii) The export from the State to any other State of indigenous goods of class or description.

(2) No State Law which imposes any reasonalble restritions in the interest of public health, public order of morality or for the purpose of protecting animals or plants from disease of proventing or alleviating any serious shortage in the State of any essential commodity, of developing within the State of industries producing any shall be invalid by reason of this Article.

109. (I) There shall be a Regional Co-ordination Board, consistin of the representatives of the Governments of the Punjab, Sind, Pakhtunistan and Baluchistan for the purpose of joint administration, management, co-ordination or co-operationn inn respect of matters of common concern. (The composition of the Board shall be determined after consultation of the Board shall be determined after consultation with the representatives of the Punjab, Sind, Pakhtunista and Baluchistan).

(2) The matters which in the first instane are deemd to be matters of common condern for the purpose of clause (1) of this Article are enumerated in the Eighth Schedule, (the items to be included in the Eights shall be enummerated after consultation with the representatives of the States concerned); additional items the repesentatives of the States concerne); additional items may be added to the eights Schedule by Act of Parliament if the State Governments concerned make a joint proposal in that behalf tothe Federal Parliament, supported by resolutions of the State Assemblies concerned.

(3) The powers, duties, functions, administration and management of the Board referred to in clause (1) shall be regulated (by such legislative organ as shall be determined after consulatation with the representatives of the States concerned).

Ownerless proverty

110. Any ownerless property that has no rightful owner shall vest in the State in which it is located.

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পরিশিষ্ট-৭

ইয়াহিয়ার ২৬শে মার্চ (১৯৭১) তারিখের ভাষণ

TEXT OF YAHYA’S BROADCAST

(On March 26, 1971)

My dear Countrymen,

Assalam-o-Alaikum,

On the 6th of this month I announced the 25th of Marchas the new date for the inaugural sessio of the National Assembly hoping that conditions would permit the holding of the session on the appointed date. Evens have, however, not justified that hope. The nation coninued to face a grave crisis.

In East pakistan a non-co-operation and diobedience movement was launched by the Awami League and matters took a very serious turn. Events were moving very fast and it became absolutely imperative that the situation was brought uner control as soon as possible. With this aim in view, I had a series of discussions with political leaders in West Pakistan and subsequently on the 15th of March I went to Dacca.

As you are aware I had a number of meetings with Sheikh Mujibur Rahman in order to resolve the political impasse. Having consulted West Pakistan leaders it was necessary for me to do the same there so that areas of aggrement could be identified and an amicalble settlement arrived at.

As has been reported in the press and other news media from time to time, my talks with Sheikh Mujibur Rahman showed some progress. Having reached a certain stage in my negotiations with Sheikh Mujibur Rahman I considered it necessay to have another round of talks with West Pakistan leaders in Dhaka.

Mr. A. A. Bhutto reache there on 21st March and I had number of meeting with him.

As you are awae the leader ofthe Awami League had asked for the withdrawal of Martial Law and transfer of power to the meeting Public are living in a state of panic, and a very large number had to leave that Wing out of fear for their lives.

The Armed Forces, located in East Pakistan, have been subjected to taunts and insults of all kinds, I wish to complement them on the tramendous restraint that they have shown in the face of grave provocation. Their sense of discipline is indeed praiseworth. I am proud of them.

Reasonable Solution

I should have taken action against Mujibur Rahman and is collaborator weeks ago but I had to try my utmost to handle the situation in suchb a manner as not to jeopardise my plan of peaceful transfer of power. In my keennes to achieve this aim I kept on tolerating one illegal act after another, And at the same time I explored every possible avenue for arriving at some reasonable solution. I have already mentioned the efforts made by me and by various political leaders in getting Sheikh Mujibur Rahman to see reason. We have left on stone unturned. But he has failed to respond in any constructive manner;p on the other han, he and his followers kept on flouting the authority of the Government even during my presence in Dacca. The proclamation that the proposed was nothing but a trap. He knew that it would not have been worth the paper it was writte3h on and in the vacum created by the lifting of Martial Law he could have anything with impunity. His obstinacy, obduracy and absolute refusal to tald sence can lead to but one conclusion-the man and his party are enemies of Pakistan and they want East Pakistan to break away completely from the country. He has attacked the solidarity and integrity of this country- this crime will bot go unpunished.

We will not allow some power hangry and unpatriotic people to destroy this country and play with the destiny 120 million People.

In my address to the nation of 6th March I had told you that it is the duty of the Pakistan Armed Forces to ensure tha integrity, solidarity and security of Pakistan. I have ordered them to do their duty and fully restore the authority of the Government.

In view of the grave situation that exists in the country today I have decided to ban all political activities throughout the country, as for the Awami League in is completely banned as a political party. I have also decided to impose complete Press ensorship. Martial Law regulations will very shortly be issued in pursuance of these decisions.

Aim remains Same

In the end let me assure you that my main aim remainsthe same, namely, transfer of power to the elected representatives ofthe people. As soon as situation permits I will take fresh steps towards the achievement of this ovjective.

It is my hope that the law and order situation will oon return to normal in East Pakistan and we can again move fowared towards our cherished goal.

I appeal to my countrymen to appreciata the gravity of the situation for which the blame rests entirely on the anti-Paikistan and secessionist elements and to act as resonable citizens of the country because therein lies the security and slavation of Pakistan.

God be with you God bless you.

Pakistan Paindabad.

On the National Assembly, in our discussions he proposed that this interim peried could be covered by a proclamation by me whereby martial Law would be withdrawn, provinciali Governments set up the Nationlal Assembly would sit in two committees-one composed of members from East Pakistan and the other composed of members from West Pakistan.

One Condition

Despite some serious flaws in the scheme in its legal as wel as other aspects, I was prepared to agree in principle to his plan in the interest of peaceful transfer of power but on one condition. The condition which I clearly eplained th Sheikh Mujibur Rahman was that I must fiust have uneqwuivocl agreement of all political leaders to the sheme.

I thereupon disceussed the proposal with other political leaders, I found them unanimousl of the viies that the proposed proclamation by me would have no legal sanction. It will beithr have the cover of Martial Law nor could it claim to be based on the will of the people. Thus a vacum would be created and chaotic conditions wil arise. They also considered that splitting of the National Assembly into two parts through a proclamation would encourge divisive tendcies that may exist. They therefore expressed the opinion that if it is intended to lift Martial Law and transfer power in the interim Condition Bill and present it for my assent. I entirely agreed with view and requested them to tell Sheikh Mujibur Rahman to take a resonable attitued on this issue.

I told the leaders to explain their views to him that a scheme wherby, on the one hand, you exstingusih all source of power namely Martial Law and on the other fail to replace iot by the will of the people through a proper session of the national Assembly, will merely result in chaos, they agreed to meet Sheikh Mujibur Rahman, explain the position and try to obtain his agreement to the interim aggangement for transfer of power to emenate form the National Assembly.

The political leader were also very much perturbed over Sheikh Mujib’s idea of dividing the National Assembly into two parts right from the start. Such a move, they felt, woul be totally agains of Pakistan’s integrity.

The Chairman of the Pakistan People’s Party, during the meeting between muself, Sheikh Mujibur Rahman and him, had also expressed simiar views to Mujib.

On the enening of the 23rd of March the Politicasl leaders, who had gone to tald to Mujib on this issue, calle on me and informed me that he was not agreeable to any changes in his shceme. All he really wanted was for me to make proclamation wherby, I should withdraw Martial Law and transfer power.

Sheikh Mujibur Rahman’s action of starting his non-co-operatin movement is an act of treason. He and his party have defied the lawful authority for ove three weeks. The have insulted Pakistan’s flag and defiled the photograph of the Father of the Naion. The have tried to run a parallel Government. The have created turmoil, terro and insecurity.

A number of murder have been committed in the name of movement Millions of our Bengali brethren and those who have settled in East.

পরিশিষ্ট-৮

২৭শে মার্চ (১৯৭১) ভারতীয় পার্লামেন্টে ভারতীয় পররাষ্ট্র মন্ত্রীর বিবৃতি

Statement by the Minister of External Affairs of India in Parliament on 27th March regarding recent developments in Pakistan.

the Government of India cannot but be gravely concerned at the events taking place so close to our borders. We can, therfore, understandthe deep emptions which have been aroused in this house and in the entire country.

Honourable Members are, I am sure, fully aware of political developments in Pakistan since November 28, 1969 when the president of Pakistan announced his plan for envolving a democratic Constitution and for the transfer of power to the elected representatives of the people.

The Government and people of India have always entertained the friendlist of feeling for the people of Pakistan. We had, therdfore, hope thad a democratic evolution in Pakistan would follow its natural course and that elected reprensentatives would envolve a Constitution reflelcting tha urges of the vast majority of the people expressed through the elections held in December last year.

However, events have taken a different and tragic turn. Instead of peaceful evolution there is now a bloody conflict.

Accordingto reports recieved, the Pakistan army started taking action on the midnight of 25th and 26th March against units of the East Pakistan Rifles, the provincial police and the people, the reports are that casualties have been heavy. On the mornig of March 26th, The Radio Station at Dhaka was seized by the Army. Thereafter the Radio Station made an announcement of 15 new Martial Law Regulations banning, amont other things, all political activities, processions, meeting speeches and slogans. Complete consorship of all news Radio and Television programme was impsed.

More than two regular Division of the Pakistan Army are developed in suppression the people of East Pakistan. Our heart go out in sympathy to the people who are undergointg great suffering.

We naturally wish and hope that even at this late stages it would be possible to resume democratic processes leading to the fulfilment of the aspisrtions ofthe vast majority of the people there. We cannot but take note of the fact that such a large segment of huminity is involved in a conflict and that many people are suffering in the process.

Recently, when natural disaster overtook East Pakistan, the Government and peoplle of India alongwith other members of the international community responded to bring relief to the sufferings of the peope there.

We are prepared to make our contribution once again, in contact with the members of the international community or international humanitarian organisations. concerned wth bring relief to innocent victims of conflict.

পরিশিষ্ট-৯

৩১শে মার্চ (১৯৭১) ভারতীয় পার্লামেন্টে গৃহীত সর্বসম্মত প্রস্তাব

Resolutio moved by the Prime Minister Mrs. Indira Gandhi in Parliament and passed unanimously by it on March 31.

This House expresses its deep anguish and grave concern at the recent developments in East Bengal. A massive attack by, armed forces, despatched from West Pakistan, has been unleashed agains the entire people of East Bengal with a vies to suppressing their urges and adpirations.

2. Instead of respecting the will of the people so unmistakely expressed through the election in Pakistan in December 1970, the Government of Pakistan has chosen to flout the mandate of the people.
3. The Government of Pakistan has not refused to transfer power to legally elected representatives but has arbitrarily prevented the National Assembly from assuming its rightful and sovereign role. The people of East Bengal are being sought to be suppressed by the naked use of force, by bayonets, machingguns, tanks, artillery and aricraft.
4. The Government and people of India have always desired and worked for peaceful, normal and freaternal relation with Pakistan. Situated as India is and bound as the peoples of the sub-continent are by centuries old ties of history, culture and tradition, this House cannot remain indifferent to the macabre tragedy being enacted so close to our border. Throughout thd length and breadth of our land, our people have condemned, in unmistakable terms, the atrocities now being perpetratied on and unprecedented scale upon an unarmed and innocent people.
5. This House expresses its profound sympathy for adn solidarity with the people of East Bengal in thier struggle for a demoratic way of life.
6. Bearing in mind the permanent interests which India has in peace, committed as we are to uphold and defend human rights, this House demands immediate cessaion of the use of force and massacre of defenceless people. This House calls upon all peoples and Government of the World to take urgent and constructive steps to prevail upon the Government of Pakistan put adn end immediately to the systematic decimation of the people amounts to genocide.