M.A. Jinnah and a Draft Constitution for Pakistan

Sub title : A Proposed Federal Framework for the "Pakistan Federation of the Islamic Indian States" with Comparative Constitutional Law

Subject: Muhammad Ali Jinnah | Pakistan Constitution | Constitutional Draft | Islamic Indian States | Federation

Date of publication: 1947

Language: English

Page: 82 p.

Source: National Archives of Pakistan

Serial no: 28429

Keyword: Pakistan Constitution -- Draft Constitution -- M.A. Jinnah -- Qaid-e-Azam -- Islamic Indian States -- Federation | Fundamental Rights -- Right to Secede -- Comparative Law | Switzerland Constitution -- U.S. Constitution -- USSR Constitution -- Sovereignty -- Fida Hussain

Abstract: This file contains a detailed draft constitution for the proposed "Pakistan Federation of the Islamic Indian States" (P.F.I.I.S.), submitted to Qaid-e-Azam M.A. Jinnah by Advocate Fida Hussain of Nagpur in July 1947. The document includes a cover letter, a detailed table of contents, and ten parts outlining the structure of the federation. It defines the people, their fundamental and democratic rights, the relationship between the federation and its member states, the division of sovereign jurisdiction, and the framework for the legislature, executive, and judiciary. A distinctive feature is the inclusion of "Analogous Constitutional Law" after each part, citing relevant articles from the constitutions of Switzerland, the United States, and the U.S.S.R. for comparative study. The draft emphasizes a strong central government while explicitly reserving the right for member states to secede from the federation.

Description: This is a comprehensive constitutional proposal created on the eve of Partition and addressed directly to Muhammad Ali Jinnah. It represents an early vision for the institutional structure of Pakistan, conceptualized as a voluntary federation of "Islamic Indian States." The author, Fida Hussain, provides not only a detailed blueprint covering citizenship, rights, and government branches but also a scholarly framework by juxtaposing his proposals with excerpts from major world constitutions. The document grapples with classic federal dilemmas like the center-state power balance and the contentious right of secession. It serves as a primary source reflecting the constitutional ideas and international legal inspirations circulating among Muslim political thinkers as Pakistan transitioned from a demand to an imminent state. SCANNED BY: NATIONAL ARCHIVES OF PAKISTAN.

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