Constitutional Governance under Quaid-i-Azam: Correspondence on the Sind Landholders Mortgages Bill (1948)

Sub title : A Legal Submission to the Governor-General of Pakistan

Subject: Constitutional Law and Governance in Early Pakistan | Provincial vs. Federal Legislative Authority

Date of publication: 1948

Language: English

Page: 2 p.

Source: National Archives of Pakistan

Serial no: 27577

Keyword: Quaid-i-Azam M.A. Jinnah — Governor-General of Pakistan | Sind Landholders Mortgages Bill 1947 — K.B. Fazlullah | Government of India Act 1935 — Constitutional Repugnancy — Indian Evidence Act | Indian Registration Act — Transfer of Property Act — Early Pakistani Administration.

Abstract: This document is a formal submission from K.B. Fazlullah, the Revenue Minister of the Sind Government, to His Excellency Governor-General Quaid-i-Azam Muhammad Ali Jinnah. It comprises a covering letter and a detailed legal note arguing that the Sind Landholders Mortgages Bill of 1947 contains provisions repugnant to existing Indian Acts (namely the Indian Evidence Act of 1872, the Indian Registration Act of 1908, and the Transfer of Property Act). Citing Section 107 of the Government of India Act.

Description: This significant correspondence from February 1948 offers a rare look into the practical challenges of governance faced by the newly established state of Pakistan. It captures Quaid-i-Azam M.A. Jinnah not merely as a symbolic figurehead but as the active, constitutional head of state, whose formal assent was legally required to resolve conflicts between provincial legislation and inherited federal laws. The document highlights the complex legal transition from British India to Pakistan and underscores Jinnah's pivotal role in navigating this transition, ensuring the lawful operation of the government amidst the urgent task of framing new legislation for the country. SCANNED BY: NATIONAL ARCHIVES OF PAKISTAN.

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