Question 1

Pakistan has had three constitution from independence till 2019. In 1956, Pakistan came up
with its first constitution, followed by the second one in 1962 and then the third constitution
in 1973 which is still followed with certain amendments[ CITATION pak1 \l 1033 ].

Question 2
Numerous changes occurred in the Principles of Policy among the three constitutions listed
above. The firs change took place in the 1962 condition of Islamic Republic of Pakistan. The
change was that in constitution of 1956, the responsibility of deciding whether any action is
in accordance with Principles of Policies does not explicitly rest on any shoulder but in in
constitutions of 1962 State has the responsibly, by law, of interrogating the validity of any
action it believes contradicts with principles of policy. Moreover in 1962 constitution, in
addition to teaching of Quran, Islamiat was also made compulsory in academic institutions.
Furthermore in constitution of 1962, and additional responsibility was given to provincial
government. The duty was to identify different underprivileged people in their province
including every caste, race , tribe and groups they belong to. The purpose of this activity was
to register them in a schedule of underprivileged caste. In addition, social security provision
were provided to all employed, administrative offices and services were established at places
convenient for people, policies that rejected the inclusion of people into service of Pakistan
on the basis of discrimination were abolished, and the parity between all provinces was
introduced in the constitution of 1962.
Many changes were introduced in 1973 constitution in the principles of policy. First one was
that President and Governors were obligated to produce an annual report on the observance
and implementation of principles of policy, which then will be presented in national
Assembly for discussion. Some more provision of 1956 constitution were changed in 1973
constitution. These include nudging more women, worker and farmers to participate in local
politics, equal women participation national life, providing security to the families, making
education widely and equally available for all, providing affordable justice for all.
Further modifications in principle of policies have been made in the Constitution of 1973
through the following amendments;
 Revival of the Constitution of 1973 Order, 1985: In Article 31, clause (2), in
paragraph (c), after the word and comma “Zakat,” the word and comma “ushr,”
was inserted[ CITATION pak2 \l 1033 ]
 18th amendment (Constitution Act 2010): In article 29, clause (3), the word
“The National Assembly” when occurred first time is replaced by the clause and
brackets, “each House of Majlis-e-Shoora (Parliament). The word “National
Assembly” occurring second time was substituted with the clause “and the
senate”[ CITATION pak1 \l 1033 ].
 18th amendment (Constitution Act 2010): In article 38,in paragraph (e) the word
“and” at the end was eradicated. Moreover in paragraph (f), instead of full stop at
the end the semicolon and the word “; and” was added and after paragraph (f) the
following new paragraph was added[ CITATION pak1 \l 1033 ], namely:-
“ (g) the shares of the Provinces in all federal services, including autonomous bodies and
corporations established by, or under the control of, the Federal Government, shall be
secured and any omission in the allocation of the shares of the Provinces in the past shall be
rectified."

Question 3
The most recent report on observance of the principles of policy was presented by the
governor of KPK to the provincial assembly of KPK, on 6 th November 2019. The report of
the auditor general of Pakistan, this report was related to the accounts of province and was
referred to the house’s public accounts committee for discussion. Presenting these report is
the responsibility of the governor and president of state. However it is reported [ CITATION daw
\l 1033 ] that most of the ministers didn’t’ even touch it, discussing or implementing on it is
another story. Nevertheless the minister claims that the government is fulfilling its
responsibility by tabling the report again and again but it can’t force the members of
assembly or speaker to debate on it. Consequently this report was discarded and the entire
effort was considered futile.
Link: https://www.dawn.com/news/1515151

Question 4
The efforts to eliminate riba date back to 1969 when Islamic ideology Council passed the
ruling that all kinds of interest, be it from the objective of loan , the concerned time period or
the percentage of loan, all of this comes under riba. However there were no practical
implications of this ruling until and unless general Zia-ul-Haq came up with his Islamization
policies.
One step under this policy umbrella was that he ordered the Islamic Ideology Council to
develop a team of professionals including financial analyst, economist and some members
from religious scholars. The task of this team was to draw out the riba free plan for the
running of financial and economic system of Pakistan. The plan should aim to eradicate the
riba from economy within 3 years. This report was submitted in 1980. As a result of this
report, the Government took action on the Council’s Report on the introduction of Zakah and
Ushr and its interim recommendations relating to the elimination of interest from the
operations of National Investment Trust, Investment Corporation of Pakistan and House
Building Finance Corporation. However only achievement of this plan was that several
commercial banks opened up approximately 700 interest free counter(PLS). Unfortunately
blue print of no other practical implication of this report can be seen in the history [ CITATION
Isl \l 1033 ].

In 1984, the State Bank of Pakistan, took the riba elimination initiative by issuing 23 circulars
to the commercial bank, both private and public, directing them to adopt the non-interest
financing programs that were permissible under Islam and to eliminate riba from the banking
system. However due to various escapes the initiative of the State Bank of Pakistan failed.
Furthermore in 1990, the Federal Shariah Court had plenty of petition against the fiscals laws
containing the elements of risk. The FSC after conducting all the hearing concluded, on 14 th
November 1991, that all the laws pertaining to interest dealings fall under the domain of riba
are un-Islamic and therefore shall be considered unconstitutional after 30 th June 1992.
Meanwhile the time was given to amend the concerned articles or sections. However some
strong political parties and business men files appeals in Shariah Appellant bench of Supreme
Court against the decision of FSC. The decision of this case is still pending.
In 1991, the Supreme court formed the 5-judge Shariah Appellant branch for appeal hearing
which also came up the with time limit till 2001 to replace banking system and all laws that
deal with riba. Different programs were started to support this initiative which includes the
issuing of Islamic banking license to banks and introduction of courses Islamic banking
related courses. Unfortunately the decision of the court was not fully implemented till 2001
as well (as mentioned earlier that it is pending to date) and several petitions were received
against it, therefore we still have in Pakistan the financial and economic system that has riba.
However all the initiatives were not wasted as some banks, such as Meezan Bank, are in
transition process of shifting towards complete Islamic banking and have introduced multiple
Islamic banking products.
In 2012, the petition was submitted to revive the case of riba with Federal Shariah Court.
However the proceedings were that only one hearing took place, after which second hearing
was postponed and never took place.
In 2015, the bill was presented in National Assembly which is called “ An Eradication of
Riba Act”[ CITATION nag \l 1033 ]. It gave the reference of report of 1980 and 1991,mentioned
earlier, to build upon its argument of complete eradication of riba should be assured. It
identified amendments in 28 laws, which are currently repugnant to Islamic teachings of
Quran and Sunnah. It further mentioned that the riba free system are healthy for the economic
and financial systems by illustrating example of Europe and America, that 200 financial
institutions over there have moved away from riba and it has actually benefited their bottom
lines. However this bill was not accepted.
Recently in 2019, the same bill was again presented in National assembly with very few
modifications, only in the introduction part but the gist remains same. Rest of the document
was exactly same. Treatment with this bill is also similar, as it is still pending.
Bibliography
 (n.d.). From pakistanorg:
http://www.pakistani.org/pakistan/constitution/amendments/18amendment.html
 (n.d.). From http://www.na.gov.pk/uploads/documents/1448430150_566.pdf
 dawn. (n.d.). From https://www.dawn.com/news/1515151
 Islmaic Markets. (n.d.). From https://islamicmarkets.com/education/elimination-of-
interest-pakistan
 pakistanorg. (n.d.). From
http://www.pakistani.org/pakistan/constitution/orders/po14_1985.html