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No. 1
650
CONSTITUENT ASSEMBLY OF PAKISTAN
DEBATES
Tuesday, 24th February 1948
OFFICIAL REPORT
CONTENTS
Page
Presentation Of Credentials and Signing of the Register ,, 1
Presentation of thfc Report of the Committee on Rules of
Procedure, etc. .. .. .. .. 1
Report of the Committee on Rules of Procedure, etc.Con-
sideration of Rules not concluded .. .. .. 110
Resolution re Appointment of a Committee to Report oh the
addition and/or Re-distribution of Seats in the Constituent
AssemblyAdopted .. .. ,. .. .. 11-12
Published by the Manager of Publications, Government of Pakistan, Karachi
Printed by the Asstt. Manager, Governor-General's Press, Pakistan, Karachi
1948
Price 5 annas
CONSTITUENT ASSEMBLY OF PAKISTAN
Tuesday, the 24th February, 1948
The Constituent Assembly of Pakistan met in the Assembly Chamber,
Karachi, at Ten of the Clock, Mr. President (Quaid-i-Azam Mohammad Ali
Jinnah) in the Chair.
PRESENTATION OF CREDENTIALS AND SIGNING OF THE REGISTER
Ml. President (Quaid-i-Azam Mohammad Ali Jinnah) : Members who
hav :ot already presented their credentials and signed the Roll of Members
may do so now.
The following Members then presented their credentials and signed the
Register of Members :
Maulana Mohammad Akrum Khan (East Bengal : Muslim),
Begum Shaista Suhrawardy Ikramullah (East Bengal : Muslim)
PRESENTATION OF THE REPORT OF THE COMMITTEE ON RULES
OF PROCEDURE, ETC.
Mr. Tamizuddin Khan (East Bengal : Muslim) : Mr. President, Sir, I beg
to present the report* of the Committee on Rules of Procedure, powers of the
President, etc.
REPORT OF THE COMMITTEE ON RULES OF PROCEDURE, ETC.
Mr. Tamizuddin Khan (East Bengal : Muslim) : Mr. President, Sir, I beg
to move :
4 'That this Assembly do adopt the draft Ru^es of Procedure as approved by the Committee
on Rules of Procedure, Powers of President, etc."
(The Honourable Member then resumed his seat.)
Mr. President (Quaid-i-Azam Mohammad Ali Jinnah) : Have you anything
to say in support of it ?
fMr. Tamizuddin Khan : Sir, the rules have been ciiculated to the Hon'ble
Members and I suppose they have all read them thoroughly. The rules
naturally are lengthy and are of a comprehensive character and I do not like to
make any speech on the details of the rules. These rules follow as far as possible
the Rule^ of Procedure of the previous Central Assembly of India. There are
certain amendments and when they are moved, they will be discussed. I do
not think any discussion is necessary regarding other rules. With these words,
I beg to move my motion.
Mr. President: Motion moved :
" That this Assembly do adopt the draft Rules of Procedure as approved by the Committee
on Rules of Procedure, Powers of President, etc."
* Not included in these Debates, but a copy has been placed in the Library,
t Speech not corrected by the Hon'ble Member.
- (i)
2 CONSTITUENT ASSEMBLY OF PAKISTAN [24TH FEB. 1948
[Mr. President.]
The motion is now open to discussion.
(No Honourable Member rose to speak.)
Mr. President : I take it for granted that no Honourable Member wishes
to make any observations. I shall now take up the amendments of which notice
has been given.
Rules 1 to 5
*Mr. Dhhendra Nath Datta (East Bengal : General) : Mr. Present,
Sir, I beg to move :
" That in sub-rule (2) of rule 5, for the word weeks the word 'months be substituted."
May I move the other amendment also because that amendment also relates
to rule 5 ? If you please to allow me to move my both amendments to rule 5
together, that will be better.
Mr. President : You had better move them separately and say what you
have to say.
Mr. Dhirendva Nath Datta : Very well, Sir. I have already moved my
first amendment. In sub-rule. (2) of rule 5 it has been stated that if a Member
is calle;d upon by the President to take the oath of allegiance and he refuSes sor
fails to take the oath of allegianceit is not a question of refusalbut if he fails
to take the oath within two weeks, he shall cease to be a Member of the Assem-
bly. I feel that two weeks is too short a period. Of course, if he refuses to take
the oath of allegiance, he has no right to be a member .of this House. But he
may, due to unavoidable circumstances, fail to take the oath of allegiance within
two weeks. You know, Sir, that in Eastern Bengal letters do not reach in time.
I do not know what the procedure shall be to call upon a member to take the
oath of allegiance if the letter sent to him does not reach him within two weeks
In that case, he may not be in a position to come to Karachi to take the oath
of allegiance. So, it is necessary that the period should be extended and instead
of two weeks, I have suggested that two months should be the period within
which, if he fails to take tbe oath of allegiance, he shall cease to be a member
of this House. With these few words I move my first amendment.
Mr. President : Amendment moved :
c< That in sub-rule (2) of rule 5, for the word £ weeks the word 4 months be substituted.
*Mr. Tamizuddin Khan : Sir, if I may be allowed to refer to the second
amendment of Mr. Datta, it will be seen that if that amendment with slight
alterations could be accepted, then the purpose which he has in view would be
served. So far as amendment No. 1 is concerned, I do not.see any necessity to
extend the time. If the President has the power to consider cases of real
hardship, then this amendment will be altogether unnecessary. A member of
the Constituent Assembly has certain privileges which he can enjoy. If he fails
to take the oath of allegiance, there is no reason why he should continue to
enjoy those privileges for two long months. I am not, therefore, disposed to
accept this amendment. I oppose it.
Mr. President : The question is :
'' That in sub-rule (2) of rule 5, for the word e weeks the word c months be substituted."
The motion was negatived.
* Speech not corrected by the Honourable Member.
REPORT OF THE COMMITTEE ON RULES OF PROCEDURE, ETC.
3
*Mr. Dhirendra Nath Datta : Sir, I move :
" That after sub-rale (2) of rule 5 the following proviso be added :
'Provided that the President has got the power to extend the period mentioned above on
sufficient cause being shown by the member as to why he fails to take the oath of allegiance
within the period mentioned above'. "
I do not wish to say much about this amendment. What I have got to say
is this, that now that the two weeks remain, in case of hardship if a member
shows cause to the satisfaction of the Presidentthat for reasons unavoidable
he cjiuld not take the oath of allegiance within the period mentioned, that is, in
twc eeksthen the President shall have the power to extend the period,
I hope, Sir, the House will accept this amendment at least.
Mr. President: Amendment moved :
< Provided that the President has got the power to extend the pericd mentioned above on
sufficient cause being shown by the member as to why the failes to take the oath of allegiance
within the period mentioned above'."
*Mr. Tamizuddin Khan : Sir, I think that this is an appropriate amendment
There may be genuine cases of hardship where the President should have
the power to give relief. But I see that the drafting is not quite happy. If you
will kindly permit slight verbal alterations that will be all right, otherwise I will
be prepared to accept the amendment as it stands. I suggest this redraft :
" Provided that the President shall have power t.> extend the period mentioned above on
sufficient cause being shown by the member for his failure to take the oath of allegiance wiihin
the period mentioned above."
Mr. Dhirendra Nath Datta : I do accept this.
Mr. President (to Mr. Tamizuddin Khan) : I think ycu had better draft
it and let me have it.
Malik Mohammad Firoz Khan Neon (West Punjab : Muslim) : May I ask
a question so that he may put it right too ? What 1 would like to know is this :
when is the man to apply to the President to be excused from this rule ? Is it
after the fortnight ? if so, then will the President have the power to reinstate
the man who has within that period ceased to be a member for not attending
for a fortnight, or must he apply within the fortnight without knowing whether
he would be present ? I think we had better clear up that, otherwise there will
be difficulties.
Mr. Abdulla-al Mahmood (East Bengal : Muslim).: I think it is clear that
the member must apply within the time with reasons for his unavoidable
absence. Therefore, he must apply within fortnight.
Malik Mohammad Firoz Khan Noon : If he does not apply he ceases to
be a member and cannot be reinstated ?
Several Honourable Members : No, no.
*Mr. Dhirendra Nath Datta : Mr. President, I think in the Civil Procedure
Code if the tin e expires then the Court has got the power to extend it on
application, so that, in effect, in this case although a men ber may cease to be a
member he shall be a member again. 1 hat is what I intended to saythe
President shall have the power to extend the period even after the expiry of
the period.
Speech not corrected by the Honourable Member.
7 CONSTITUENT ASSEMBLY OF PAKISTAN [24TH FEB. 1948
(At this stage some Members rose to speak.)
Mr. President : Order, order. The amendment has already been agreed-
upon and it is now only a question of drafting it. I think the best thing will be
that you should take a little time and let me have a final draft.
(The amendment was drafted ,by Mr. Tamizuddin Khan and sent to the
President.)
Mr. President : Now the proposed amendment reads :
" Provided that the President shall have power to extend the period mentioned above on
sufficient cause being shown for his failure to take the oath of allegiance within the period men-
tioned above."
You have got here period mentioned above twice in these six lines.
Is that satisfactory to you ?
Several Honourable Members : No.
Mr. Tamizuddin Khan : within the prescribed period or within the
said period 55.
Mr. President : Now, what is the final draft ? You better read it out.
Mr. Tamizuddin Khan :
cc Provided that the President shall have the power to extend the period mentioned
above-on sufficient cause being shown for his.failure to take the oath of allegiance within
the time aforesaid/'
Mr. President : Will that do ?
Mr. Tamizuddin Khan : Yes, Sir.
Mr. President : It will read in this way :
" If a member duly elected to the Assembly refuses or fails to take the oath of
allegiance to the Federation of Pakistan within two weeks of his being called upon, to do so by
the President he shall cease to be a member of the Assembly and his seat shall become vacant :
Provided that the President shall have the power to extend the period mentioned above
on sufficient cause being shown for his failure to take the oath of allegiance within the time
aforesaid."
That *means that, as I understand it of course, if he within two weeks
applies that he cannot do itnot after two weeks, that is how I understand.
That is the intention, Mr. Tamizuddin. What is the intention ?
Mr. Tamizuddin Khan : It will mean that. As the rule stands it will
mean what you are saying.
Mr. President : As the amendment stands now it means that the member
when he is called upon to take the oath must do so within two weeks. If he
fails to do so the seat becomes vacant but if he within two weeks informs the
President why he cannot do it the President may extend the time. In other
. words the time is two weeks with powers of the President to extend that time
provided he does inform the President within two weeks or before two
Meeks expire. Is that the intention ?
REPORT OF THE COMMITTEE ON RULES OF PROCEDURE, ETC. 5
Khan Sardar Bahadur Khan (N.-W. F. P. : Muslim) : May I make an
observation, Sir ?
Mr. President : I want to know from Mr. Tamizuddin first.
Mr. Tamizuddin Khan : That is the natural interpretation of the wording
of the amendment.
Mr. President: I am only taking the words.
ivir. Tamizuddin Khan : All these things are being done in a hurry. It is
unfortunate.
Mr. President : All I can do is to hold the amendment and take it later
on if that could be possible. You can prepare a proper draft.
All right this amendment No. 2 moved by Mr. Datta will stand over.
Now, there is an amendment on rule 14. Therefore, I think I may go on
putting the rules to vote.
On rules 1, 2, 3 and 4 there is nc amendment.
Rules 1 to 4 were added to the Rules of Procedure.
Rules 6 to 13
Mr. President : Then amendment No. 2 to rule 5 stands over. There is
no amendment fiom rules 6 to 13.
Rules 6 to 13 were added to the Rules of Procedure.
Rule 14
Mr. President : Now rule 14. The question is :
" That rule 14 stand part of the Rules."
Prof. Raj Kumar Ghakraverty (East Bengal : General) : Sir, I beg to
move the following amendment :
"That in sub-rule (2) of rule 14 after the words < conducted at Karachi the words
c and at least once a year in Dacca be inserted."
Sir, in moving this amendment I do so not from any sense of narrow pro-
vincialism but from a high sense of duty to the people of Eastern Pakistan,
whom I have the honour to represent in this Assembly. It is the desire of many
people of Eastern Pakistan to have some of the sittings of this Assembly and
the committees in their capital. I go further and say, Sir, that it is their
right to claim to have some of the sittings of the Assembly and of the com-
mittees in their capital. I make one point dear at the very outset that in
these Rules the business means the business in the Assembly and in its
committees : so that when I move this amendment I mean that at least once
a year the sitting of the Assembly or the sitting of some of its committees should
be held in Dacca. Sir, ours is a democratic state and it is our duty to respect
the feelings and wishes of the majority of the people or a good number of the
people of the State. You know, Sir, Eastern Fakistan consists of the two-thirds
of the people of this vast Pakistan State. It is natural on the part of the people
of Eastern Fakistan to have some of the sittings of the committees of this
6
CONSTITUENT ASSEMBLY OF PAKISTAN
[24TH FEB. 194g
[Prof. Raj Kumar Chakraverty.]
Assembly and the sessions of this Assembly in their own capital. This amend-
mem has two points in its favour along with other points. It has got its
psychological effect. There is a feeling that in this set-upnew set-up of the
Pakistan StateEastern Pakistan is being neglected. If we have some of the
meetings of the Assembly and the committees in its capital, well, that feeling
will be removed and that misconception also will have no place. Then
secondly, Sir, my amendment, if it is accepted, will have its educative value.
The sessions of the Assembly or the meetings of the committees, if tl^v; are
held in the capital of Eastern Pakistan, will be conducive to the best ii^rests .
of the people. It will educate them in the matter of parliamentary procedure
and will give them some idea as to the way how the Government of the country
is carried on and how they feel about it.
If the leaders of the Pakistan State visit the capital of Eastern Pakistan on
such occasions/the people there will have opportunities to come in contact with
them and will be inspired by th^eir presence aiid the people will feel all the
better. I, therefore, say, Sir, that the educative value of my amendment
should not be minimised. I anticipate there ma) be objections to my proposal
on the ground of practical difficulties ; but if there is a will, there is a way.
Before the partition of India, the sittings of the Central Assembly were held in
Delhi and Simla, and the sessions of some of the Provincial Assemblies were
held at different places. There are, undoubtedly, some difficultiesI have to
confess them ; but they should not stand in our way if we want to give effect to
the proposal for reasons that I have stated just now. Sir, my amendment is a
very modest one. The rule as adopted and placed before the House is that
" the business of the Assembly shall be conducted at Karachi, unless the
President otherwise directs So there is the right of the President to direct
otherwise. If the House accepts my amendment the right of the President
remains unimpaired, but the very acceptance of this amendment will have
a great effect upon the psychology and otherwise as regards the people of
Eastern Pakistan. It is a very modest amendment and I hope fervently that
the feelings and wishes of the people of Eastern Pakistan will be considered and
th$ House will kindly accede to my modest proposal.
Mr. President : Amendment moved :
" That in sub-rule (2) of rule 14 after the words c conducted at Karachi' the words and
at least once a year in Dacca be inserted."
Mr. Tamizuddin Khan : Sir, may I suggest that the Honourable the
Leader of the House may be requested to present the Government's point of
view on this pomt ?
The Honourable Mr. Ghazanfar All Khan (Minister for Refugees, Relief
and Rehabilitation) : Sir, may I know if Members are allowed to speak at this
stage ?
Mr. President: Yes, naturally. I call upon you, and if there is any other
Member who wants to speak, he may kindly do so.
*Mr. Tamizuddin Khan : Sir, I have a good deal of sympathy with many
of the observations made by the Honourable the Mover of this amendment, but
I think there will be obvious, practical difficulties. The question of finance is
an all-important question. How difficult it will be for the Government to trans-
fer all the paraphernalia necessary for holding a session there, I do not know.
* Speech Got corrected by the Honourable Member.
REPORT OF THE COMMITTEE ON RULES OF PROCEDURE, ETC.
7
There may be a good deal of difficulty so far as that is concerned. On the other
hand, I see that if a session is desirable to be held at Dacca, the President has
always got the authority under this rule to give direction to that effect. I
would, therefore, think that even without this amendment the purpose that the
Honourable the Mover has in view can be very well served, i f the President is
convinced about the practicability and feasibility of holding a session there-I,
therefore, think that this amendment is not very necessary.
Begum Shaista Suhrawardy Ikramullah (East Bengal : Muslim) : Sir, I
do r^v think that the practical difficulties cf members travelling from Western
Pakis .n to Eastern Pakistan could be greater than that of the Eastern Pakistanis
coming to the West, for their number is greater.
As regards administration and accommodation, I am not suggesting any
remote village in Eastern Pakistan, but Dacca which, I presume, has got suffi-
cient arrangements to accommodate the Douse. Anyway, I think the pyscho-
logical benefit far outweighs the practical difficulties. A feeling is growing among
the Eastern Pakistanis that Eastern Pakistan is being neglected and treated
merely as a colony of Western Pakistan. We must do everything possible to
eradicate this feeling. This narrow provincialism must be stopped. Justified or
unjustified, we must not give any province a chance of feeling that it is neglected.
I have lived many years with the Western Pakistanis and I feel that they are
grossly ignorant of the. people of Eastern Pakistan. I, therefore, think that at
least once a year a meeting should be held in Eastern Pakistan. At the moment,
we are faced with far too many difficulties. So let there be a meeting of this
House only in Western Pakistan now ; later on when it becomes the Legislature
only then let it meet at least once a year in Dacca.
The Honourable Mr. Liaquat Ali Khan (Prime Minister and Minister for
Defence) : I do not think there is any Honourable Member of this House who
does not desiie closer ties between the West and the East parts of Pakistan, but
I am afraid this amendment, which has been moved, will not create those ties.
As has been pointed out by Mr. Tamizuddin Khan, there are, in fact, great
practical difficulties. Begum Ikramullah has stated that it is eas\ to get over
difficulties, 1 know that women never realise the difficulties, but I think those of
my friends who have come from Eastern Bengal know fully well that the condi-
tions in Dacca at present are such that even the Eastern Bengal Government
finds it difficult to function property on account of the difficulties of accommo-
dation and other problems of that^kind. Apart from that, I think if my Honour-
able friends had read the rule carefully, those who had supported this amend-
ment would have found that all that the rule says is that the business of the
Assembly shall be conducted at Karachi, unless the President otherwise directs.
So, therefore, it does not lay down that all the meetings of the Constituent
Assembly and its Committees shall be held in Karachi and nowhere else. If it is
considered necessary by the President, he can direct that such and such meeting
will be held not in Karachi, but somewhere else ; it may be Dacca ; it may be
Peshawar ; it may be Lahore ; it may be any place. So, therefore, I would
submit that we should not lay it down definitely that one meeting at least every
year must necessarily be held in Dacca.
Begum lkramullah has stated that it is quite easy to move Government
from one place to another. Sir, those who know what difficulties we had to
experience in moving from Delhi to Karachi cannot support this contention of
Begum Ikramullah that it is quite easy to move the Government from one
centre to another. At least two months will be spent in this movement. The
' r STllUBNT ASSEMBLY OF PAKISTAN [ 24TH FEB. 1948
[The Hon'ble Mr. Liaquat Ali Khan.]
only safe and sure me'ans of transport would be by sea. So, therefore, all
your staff, all your files will be enjoying the sea air for two monthsone
month in going and one month in coming "backand during this period
")f two months the whole business of the Government will have to be
suspended. It would not be expected that the business of Government
would be carried on while on the high seas moving from one place to
another. As I have stated, it is a wrong idea to have that because the meetings
are held in a particular place, therefore the people of the State living in other
parts of the State are neglected. If the meetings of the parliament are held in
one particular place, it does not mean that that particular place is given /^\>ort-
ance over other places in that State. It is only a matter of convenience. I
submit, Sir, that it would be wrong to embody a rule to that effect that at least
once a year a meeting of the Constituent Assembly must be held in Dacca.
Mr. President: I may draw the attention of the Honourable Membero
that the House is meeting today not as a Legislature but as a Constituent
Assembly invested with powers to frame the future and final constitution of
Pakistan. Therefore sitting here as such we are concerned with the framing of
the constitution and not a Legislative Body. We are sitting here today and to-
morrow as a Constituent Assembly. As Legislative Body we met here yesterday.
Therefore, Honourable Members should bear that fact in mind when dealing
with these amendments. These are the rules which apply to us as a Constitution
making body. 1 thought I had better draw the attention of Honourable Mem-
bers to this fact in order to make the distinction clear to them.
Now, with regard to the amendment, the question is :
e< That in sub-rule (2) of rule 14 after the words 'conducted at Karachi*, the words
c and at least once a year in Dacca' be inserted."
The motion was negatived.
Rule 14 was added to the Rules.
Rules 15 to 17
Rules 15 to 17 were added to the Rules of Procedure.
Rule 18
Mr. President : Now Rule 18 The question is :
"That rule 18 stand part of the Rules of Procedure
Mr. Dhirendra Nath Datta : Sir, I move :
" That in rule 18, for the figure e 10 the figure < 11 be substituted."
May I speak, Sir ?
Mr. President : Yes, please.
Mr. Dhirendra Nath Datta : Mr. President, it is a very short amendment-
Here, at Karachi, the sun rises at about 8 in the morning. Therefore, it is
desired that we should meet here at 11 in the morning instead of at 10. That
is all what I have to say.
REPORT OF THE GOMMITTEE ON RULES OF PROCEDURE, ETC. 9
Mr. President : Amendment moved :
That in rule 18, for the figure 10 the figure '11 'be substituted. "
Mr. Tamizuddin Khan : I accept this'amendment.
Mr. President : The question is :
That in rule 18, for the figure £ 10 the figure 4 11 'be substituted."
The motion was adopted.
Mr. President : Now I put rule 18 as amended. The question is :
" That rule 18, as amended, stand part of the Rules of Procedure. "
The motion"was adopted.
Rule 18, as amended, was added to the Rules of Procedure.
Rules 19 to 28
Mr. President : Now, there is an amendment *to rule 29, we take- up
rule 29.
The Honourable Mr. Liaquat Ali Khan : May I make a request to
you ? I propose that the consideration of this amendment to rule 29 be
postponed till tomorrow.
Mr. President : Has the House, any objection to its standing over ?
(No objection was forthcoming.)
Mr. President : But before I deal with this, may I just go back. The amend-
ment to rule 18 was accepted. There is no amendment to any of the rules 19 to
28. I now put rules 19 to 28 to the House.
Rules 19 to 28 were adopted and added to the Rules of Procedure.
Rule 29
Mr. President : Now I come to rule 29.
I allow the consideration of the amendment to rule 29 to stand over till
tomorrow.
Rule 30
V
Mr. President : Now rule 30. The question is :
' That Rule 80 stand part of the Rules "
10 CONSTITUENT ASSEMBLY OF PAKISTAN [24TH FEB. 1948
Khwaja Shahabuddin (East Bengal : Muslim) : I beg to move :
" That for sub-clause (2) of rule 30 the following be substituted :
' (2) All questions for the determination of the Assembly shall be decided by a majority
of votes of the members present other than the person presiding, who, however, has
and shall exercise a casting vote in the case of an equality of votes "
It is an explanatory amendment. It is only an over-sight on the part of
the Committee. I hope it will be accepted.
Mr. Tamizuddin Khan : I accept the amendment.
Mr. President : The question is :
* (2) All questions for the determination of the Assembly shall be decided by a majority
of votes of the members present other than the person presiding, who, however, has
and shall exercise a casting vote in the case of an equality of votes \ " '
The motion was adopted.
Mr. President : Now rule 30 as amended. The question is :
The motion was adopted.
Rule 30, as amended, was added to the Rules.
' Rules 31 to 70
Mr. President : There is no amendment from rule 31 to 7O.
Rules 31 to 70 were added to the Rules of Procedure.
Schedules A and B
Schedule A was added to the Rules.
Schedule B was added to the Rules.
Mr. President : That finishes the Rules with the exception of sub-rule (2)
of rule 5 and rule 29*
RESOLUTION RE APPOINTMENT OF A COMMITTEE TO REPORT
ON THE ADDITION AND/OR RE-DISTRIBUTION OF SEATS IN
THE CONSTITUENT ASSEMBLY
The Honourable Mr. Liaquat Ali Khan (Prime Minister and Minister
for Defence) : Sir, I beg to move :
?'That this Assembly do resolve that a Committee consisting of four members and a
Chairman be nominated by the President toft report to the Assembly by the 1st of April, 1948,
on the following matters :
(i) addition and/or re-distribution of seats in the Constituent Assembly in view
of the recent changes in the population of various provinces of Pakistan ; and
i) procedure for giving effect to the Committee's recommendations.
The quorum of the Committee will be three including the Chairman."
Sir, as the Honourable Members are aware there has been vast change in
numbers and complexion of the population in certain of the Provinces of
Pakistan and it is, but proper, that this Assembly should re-examine the question
of allotment of seats to various provinces, as the Assembly was constituted on the
basis of population. Each province was alloted one member for every million
of population and naturally, if theie has been a change and not a change of a
few thousands, but a change in some cases, of some millions of people, then I
think it is not only desirable, but ftecessary that these million of people should
have a say, and should have an opportunity of taking part in the framing of the
future constitution ot Pakistan. Therefore, Sir, I submit that the best way of
doing this would be to appoint a Committee f.o go into this matter and find out
what is the number of people .that have come in, belonging to what com-
munities and what further representation, if at all, should be given to any
particular province. Therefore, Sir, T. am taking this early opportunity of
moving this resolution in this Honourable House.
Mr. President : Motion moved :
"That this Assembly do resolve that a Committee consisting of four members and a
Chairman be nominated by the President to report to the Assembly by the 1st of
April, 1948,^ on the following matters :
(i) addition and/or re-distribution of seats in the Constituent Assembly in view of the
recent changes in the population of various provinces of Pakistan ; and
(ii) procedure for giving effect to the Committee's recommendations.
The quorum of the Committee will be three including the Chairman."
Mr. Abdulla-al Mahmood (East Bengal: Muslim): Sir, I am not
moving the two amendments standing in my name,
Mr. President : Then in that case I put the motion before the House.
*Mr. Dhirendra Nath Datta (East Bengal: General) : Mr. President, Sir,
I rise to suggest to the Honourable the Leader of the House, the Mover of this
resolution, the practical difficulties with regard to the report to be submitted
ty the 1st of April, 1948. I know, Sir, and we all know that there have been
changes in population in respect to the provinces constituting our State of
Pakistan ; but, Sir, it is also very well known to us that it is moving population.
This is a mobile population and it is not as yet fixed. People even now are
moving from one place to another. So it is impossible to determine the number
of the fixed population within such a short period, i. e., by the 1st of April, 1948.
Today, Sir, we are in the end of February, 1948 and the report is to be submitted
within a month from today. It is impossible to have a census of the population
especially of the population who may be called mobile population. So, Sir,^
through you, may I suggest to the Mover of this resolution to postpone moving of
this resolution immediately ? Let us wait and see how the population fixes itself
*Speech not corrected by the Honourable Member.
(ii)
12
CONSTITUENT ASSEMBLY OF PAKISTAN
[24TH FEB. 1948
[Mr. Dhirendra Nath Datta.]
and then we shall have to take census of the population of the different
provinces. After having taken the census of the population of the different
provinces, if we find that there is inequitable distribution in the sense that the
population of one province has increased enormously and the population of
another province has decreased enormously, then and then only is the time for
a resolution like this to be moved. #
At this stage, I submit that the resolution is rather premature and it may
not be moved. (Interruption.) I do not k.now what India does ; let us concen-
trate on what we do here. ff-
Mr. President : Is it your point that this resolution is out of order ?
Mr. Dhirendra Nath Datta : No. Sir. My point is that this resolution
12 Noon not be moved now. My only suggestion is that I want to post-
pone the consideration of the Resolution at this stage. I am opposing
the resolution in the sense that I want its consideration to be postponed.
Mr. President : So, you are advising the Mover of the resolution not to
press it now but that it should stand over.
Mr. Dhirendra Nath Datta ; Yes, Sir, that is what I mean. I have said
what I had to say and I hope the Mover of the resolution will accept my view
in the sense that this resolution should not be moved at this stage and at this
time._
The Honourable Mr. Ghazanfar Ali Khan (Minister for Refugees, Relief
and Rahabilitation) : Sir, I have very carefully listened to the speech of the
Honourable Member from East Eengal and I find that he has not objected to
the principle underlying this resolution. His objection seems to be that at
present there is no clear idea as to how many people have come to Western
Pakistan and Eastern Pakistan. Therefore, while the population is floating, it is
not possible for the Committee to fix figures. Let me assure him that although
we have not counted the heads and we do not know to the last man, we have
got a very clear idea of the number of people who have migrated from India to
Pakistan. Besides, the arrangements for having a regular census are already
in hand As a matter of fact, we are making arrangements that a complete
census of all the people who have come to Pakistan should be taken immediately
and the figures should be ready by the 15th of March That has already been
done. In view of the fact that the objection of the Honourable Member is
being met inasmuch as the census is being taken, I hope he will not oppose the
resolution.
As regards the principle, there will be no disagreement. Those people
who have now come to Western Pakistan must be represented in the Constituent
Assembly at a very early date. It will be unfair to the millions of people who
have come to the Western Pakistan to go unrepresented. I hope the House will
accept the resolution. We hope that the Committee will submit its report
before the 1st of April because before this Constituent Assembly meets again as
a Legislative body, every section of the population of Western Pakistan should
be represented and the distribution should be proportionate.
Mr. President : The question is :
" That this Assembly do resolve that a Committee consisting of four members and a
Chairman be nominated by the President to report to the Assembly by the 1st of April, 1948,
on the following matters :
(i) addition and/or re-distribution of seats in the Constituent Assembly in view of the
recent changes in the population of various provinces of Pakistan ; and
(ii) procedure for giving effect to the Committee's recommendations.
The quorum of the Committee will be three including the Chairman."
The motion was adopted.
The Assembly then adjourned till Eleven of the Clock, on Wednesday, the.
25th February, 1948.
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