Constitution of Pakistan

The Constitution of the Islamic Republic of Pakistan (Urdu: آئین پاکستان), also known as the 1973 Constitution is the supreme law of Pakistan.[1] Drafted by the government of Zulfiqar Ali Bhutto, with additional assistance from the country's opposition parties, it was approved by the Parliament on 10 April and ratified on 14 August 1973.[2]

The Constitution is intended to guide Pakistan's law and its political culture, and system. It identifies the state (its physical existence and its borders), people and their fundamental rights, state's constitutional law and orders, and also the constitutional structure and establishment of the institutions and the country's armed forces.[3] The first three chapters establish the rules, mandate, and separate powers of the three branches of the government: a bicameral legislature; an executive branch governed by the Prime Minister as chief executive; and an apex federal judiciary headed by Supreme Court.[3] The Constitution designates the President of Pakistan as a ceremonial Head of State who is to represent the unity of the state.[4] The first six articles of the constitution outline the political system as federal parliamentary republic system; as well as Islam as its state religion.[5] The Constitution also encapsulates provisions stipulating the legal system's compliance with Islamic injunctions contained in the Quran and Sunnah.[6]

The Parliament cannot make any laws which may be repugnant or contrary to the Constitution, however the Constitution itself may be amended by a two-thirds majority in both the houses of the bicameral Parliament, unlike the previous legal documents of 1956 and 1962.[7] It has been amended over time, and most recent impulses for political upgrades and reforms has been amended. Although enforced in 1973, Pakistan, however, celebrates the adoption of the constitution on 23 March—when the first set was promulgated in 1956—each and every year as Republic Day.[8]

Constitution of Pakistan
State emblem of Pakistan
Created19 April 1973
Ratified14 August 1973
LocationIslamabad
Author(s)12th Parliament
Signatories12th Parliament
(unanimous)
PurposeTo replace the Constitution of Pakistan of 1962 and LFO Order No. 1970

Origins and historical background

In a radio talk addressed to the people of USA broadcast in February 1948, Jinnah expressed his views regarding Pakistan's constitution to be in the following way:

The Constitution of Pakistan is yet to be framed by the Pakistan Constituent Assembly, I do not know what the ultimate shape of the constitution is going to be, but I am sure that it will be of a democratic type, embodying the essential principles of Islam. Today these are as applicable in actual life as these were 1300 years ago. Islam and its idealism have taught us democracy. It has taught equality of man, justice and fair play to everybody. We are the inheritors of these glorious traditions and are fully alive to our responsibilities and obligations as framers of the future constitution of Pakistan.

[9]

Pakistan was founded in 1947. Before writing a constitution, a Constituent Assembly passed the Objectives Resolution, on the insistence of the ulama and Jamaat-e-Islami, in March 1949 to define the basic directive principles of the new state and to declare state recognition of the sovereignty of Allah over the universe. The Objectives Resolution affirmed the role of democracy and contained religious provisions to enable society to adhere to the teachings of the Quran and Sunnah. The Objectives Resolution has henceforth been inserted as a preamble into each of Pakistan's subsequent constitutions.[10]

The country's first constitution was approved in 1956 but abrogated in 1958 after a military Coup d'état.[11] Pakistan's second constitution was approved in 1962. It granted executive power to the president and abolished the office of the prime minister. It also institutionalised the intervention of military in politics by providing that for twenty years, the president or the defence minister must be a person who had held a rank not lower than that of lieutenant-general in the army.[12] The 1962 constitution was suspended in 1969 and abrogated in 1972.[11]

The 1973 constitution was the first in Pakistan to be framed by elected representatives. Unlike the 1962 constitution it gave Pakistan a parliamentary democracy with executive power concentrated in the office of the prime minister, and the formal head of state—the president—limited to acting on the advice of the prime minister.[12]

The Constitution states that all laws are to conform with the injunctions of Islam as laid down in the Quran and Sunnah.[6] The 1973 Constitution also created certain institutions such as the Shariat Court and the Council of Islamic Ideology to channel the interpretation and application of Islam.[13]

After another coup in 1977, the constitution was held in abeyance until it was "restored" in 1985 but with an amendment (the Eighth) shifting power from the parliament and Prime Minister to the president. Another Amendment (Seventeenth) in 2004 continued this shift, but in 2010, the Eighteenth amendment reduced presidential powers, returning the government to a parliamentary republic.

Previous legislation as Source

The successful movement led the establishment of Pakistan, independent from British India in 1947. The British Empire divided British India into two, India and Pakistan.

The provisions of the Government of India Act, 1935, had greatly influenced the state and served its legal document until 1956. In 1950, Prime Minister Liaquat Ali Khan authored the first annexe that would pave a path to the drafting of the Constitution. Elected in 1947, the first Constituent Assembly drafted and adopted its first constitution in 1956.

1956 Constitution

Following the adoption of a constitution in India in 1950, Pakistan's lawmakers were incentified to work on their constitution. Prime Minister Muhammad Ali and his government officials worked with the opposition parties in the country to formulate a constitution for Pakistan.[14]

Finally, the joint work led to the promulgation of the first set of the constitution on 23 March 1956—a day when Pakistan celebrates its Republic Day over the adoption of the constitution. The constitution provided for parliamentary form of government with a unicameral legislature.[14] It officially adopted Pakistan as "Islamic Republic" and the principle of parity was introduced. Its features were:

By the constitution, Iskander Mirza assumed the presidency but his constant involvement in national affairs, as opposed to Constitution, dismissed four elected prime ministers in two years. Under public pressure, Mirza upheld the coup d'état in 1958, thus virtually suspending the constitution. Shortly afterwards General Ayub Khan deposed Mirza and declared himself president.[15]

1962 Constitution

General Ayub Khan appointed a Constitution Commission to draft another part of the constitution under Chief Justice Muhammad Shahabuddin.[16] Submitted its considerations on 6 May 1961, Ayub Khan altered the entire version of the constitution which was entirely different from the one recommended by Chief Justice Muhammad Shahabuddin.[16] It was promulgated on 8 June 1962. Main feature of this set was the introduction of the Presidential system and more consolidated powers to the President. No further changes were carried out to oppose the 1956 document.[16] Its features includes:

1970 Legal Framework Order

President Ayub Khan invited Chief of Army Staff General Yahya Khan to enforce the martial law in country. On assuming the presidency, General Yahya Khan acceded to popular demands by abolishing the one-unit system in West Pakistan and ordered general elections on the principle of one man, one vote.[17][18]

The military government and President Yahya himself made no efforts to frame a constitution, aside from issuing the extrajudicial order in 1970.[18] Across the country, the expectations were that a National Assembly would be set up by holding a free and fair election. To hold the proposed elections, President Yahya promulgated a Legal Framework Order on 30 March 1970 that also spelled out the fundamental principles of the proposed constitution and the structure and composition of the national and provincial assemblies.[18]

In December 1970, nationwide general elections were held simultaneously for both the national and five provincial assemblies.[18] The polling results turned were simply disastrous from the standpoint of national unity and demonstrated the failure of national integration.[18] No party enjoyed the full confidence of the people of Pakistan.[18] The nationalist Awami League (AL) secured the mandate of East Pakistan but failed to perform in any four provinces of Pakistan.[18] The socialist Pakistan People's Party (PPP) under the leadership of Zulfikar Ali Bhutto gained mandate in Punjab and Sind but failed in East Pakistan, NWFP and Balochistan.[18] The general elections truly reflected the ugly political reality: the PPP's mandate in Pakistan and AL mandate in East Pakistan.[18]

1970 constitutional crises

Constitutional crises grew further when AL refused to make concessions over its six points to draft the constitution and instead maintaining that AL had was quiet competent to frame a constitution and to form a central government on its own.[18]

The PPP was not willing to dilute the authority of the federal government in spite of assuring full provincial autonomy for all the provinces of Pakistan.[18] Negotiations on framing the work on constitution were held between January and March 1971 between leaders of PPP, AL, and the military government of Yahya Khan, which turned out to be a failure.[18] Under the LFO, the President Yahya was to decide when the National Assembly was to meet.[18] By 13 February 1971, the President Yahya announced that the National Assembly was to meet at Dhaka on 3 March 1971. By this time the differences between the main parties to the conflict had already crystallized.[18] Over the six-point issue, the PPP was convinced that a federation based on six-point would lead to a feeble confederation in name only and was part of larger Indian plan to break up the Pakistan.[18] These fears were evidently shared by the military leaders in the west, including President Yahya Khan who had publicly described Sheikh Mujibur Rehman as the 'future Prime Minister of Pakistan' on 14 January 1971. Bhutto announced on 15 February that his party would not attend the National Assembly unless there was 'some amount of reciprocity' from the Awami League. Sheikh Mujib replied at a press conference on 21 February, asserting that "Our stand is absolutely clear. The constitution will be framed on the basis of the six-points"'.[18]

Such announcement led the PPP to demand the removal of the National Assembly session or opening session to be postponed.[18] The PPP threatened to stage a large scale general strike in all over the country. Under pressured by PPP, President Yahya postponed the National Assembly session on 25 March which came as a shattering disillusionment to the AL and their supporters throughout East Pakistan.[18] It was seen as a betrayal and as proof of the authorities of the Pakistan to deny them the fruits of their electoral victory.[18] This resulted in the outbreak of violence in East Pakistan. The Awami League launched a non-co-operation movement as they virtually controlled the entire province.[18] Due to disturbances in East Pakistan, no National Assembly session was called and the military moved in East Pakistan to control the situation.[18] The civil disobedience movement turned into armed liberation movement backed by the India.

With India successfully intervening in the conflict, the Pakistan military surrendered to the Indian military and almost 93,000 military personnel were taken as prisoners of war on 16 December 1971.[18] Demoralized, gaining notoriety in the country, and finding himself unable to control the situation, President Yahya ultimately handed over the national power to PPP, of which, Zulfikar Ali Bhutto was sworn in on 20 December 1971 as President and as the (first civilian) Chief Martial Law Administrator.[18]

Constitutional convention

After Bangladesh was formed in 1971, the PPP formed the government and partially enacted the 1962 constitution.[19] President Zulfikar Ali Bhutto called for a constitutional convention and invited the leaders of the all political parties to meet him on 17 April 1972.[19] Leaders and constitutional experts of the Islamic political parties, conservative parties, socialists and communist parties were delegated to attend the constitutional convention in 1972.[20]

Drafting and ratification

John Locke by Herman Verelst
John Locke
Two Treatises of Government
life, liberty and property

The law experts, constitutional analysts, and country's reputed clergymen worked on formulating the constitution that represents the will and desire of people.[21] Unlike earlier attempts, the convention was not meant for new laws or piecemeal alterations, but for the "sole and express purpose of revising the 1956 articles."[21] Also, the convention was not limited to the religion, exigencies of government and the preservation of the State; rather it was intended to maintain delicacy in commerce, finances, issue of loans to federation, and Separation of powers.[21] Several key ideas of the philosophy of John Locke and Islamic provisions on civil rights were interchanged in the Constitution.[22][23]

The Constitution ultimately established the "Bicameral Parliament"National Assembly as Lower house and Senate as Upper house.[21] It also established the parliamentary form of government with Prime Minister as its head of government; the elected National Assembly genuinely representing the will of the people.[21] The Constitution truly maintained a delicate balance between traditionalists and modernists and reflected heavy compromises on fundamental religious rights in the country.[21] The fundamental rights, freedoms of speech, religion, press, movement, association, thought, and intellectual, life, liberty and property and right to bear arms were introduced in the new Constitution.[20] Islam was declared as the State religion of Pakistan.[20] Geography and border statue of the country was redefined and "Pakistan was to be a Federation of Four Provinces."[20] The Constitution was written in the point of representing the conservative Islam as well as reflecting a heavy compromise over the religious rights and humanism ideas, advocated by the extremist leftists of the PPP.[21]

On 20 October 1972, the draft was revived by all leaders of the political parties and signed the declaration of adopting the Constitution in the National Assembly on 2 February 1973.[24] Ratified unanimously on 19 April 1973, the Constitution came into full effect on 14 August 1973.[24] On the same day, the successful vote of confidence movement in the Parliament endorsed Zulfikar Bhutto as the elected Prime Minister after latter relinquishing the presidency after appointing Fazal-i-Ilahi to that stint.[24]

Structure

Fundamental rights

Contrary to 1956 and 1962 articles, several ideas in the Constitution were new, and guaranteed security to each citizen of Pakistan. First part of the Constitution introduced the definition of State, the idea of life, liberty and property, individual equality, prohibition of slavery, preservation of languages, right to fair trial, and provided safeguard as to arrest and detention as well as providing safeguards against discrimination in services.[25][26]

The due process clause of the Constitution was partly based on the British Common law, as many founding fathers and legal experts of the country had followed the British legal tradition.[27] The fundamental rights are supreme in the Constitution and any law that is ultra vires the fundamental rights can be struck down by the apex courts in their constitutional jurisdiction vested on them under Article 199 of the Constitution.[28]

Provisions

In contrast to the constitutions of India and Bangladesh, the Constitution reflected a heavy compromise over several issues to maintain a delicate balance of power among the country's institutions. The Constitution defined the role of Islam;[29] Pakistan was to be a Federation of Four Provinces and shall be known as the Islamic Republic of Pakistan;[30] introduction of check and balances, separation of powers, and provided the federal system under which the government should governed.

The Constitution established a "Bicameral Parliament" as a legislative authority that consists of the Senate as Upper house (providing equal provincial representation), and National Assembly as Lower house (providing the will and representation of people).[31][32] The Constitution put stipulation on the eligibility of becoming President and Prime Minister that only "Muslim" of not less than forty-five years of age[33] and is qualified for becoming the Prime Minister.[34] No law repugnant to Islam shall be enacted and the present laws shall also be Islamised.[35] The Constitution also introduced a new institution known as the "Council of Common Interests" consisting of Chief Minister of each four provinces and an equal number of Cabinet ministers of the Government nominated by the Prime Minister.[36] The Council could formulate and regulate the policy in the Part II of the Legislative List. In case of complaint of interference in water supply by any province the Council would look into the complaint.

Another major innovative introduction in the Constitution is the establishment of the National Finance Commission (NFC) consisting of the Provincial and Finance Ministers and other members to advice on distribution of revenues between the federation and the provinces.[37] The Constitution's first parts introduce the Islamic way of life, promotion of local government, full participation of women in national life, protection of minorities, promotion of social and economic well being of the people, and strengthening the bonds with the Muslim world and to work for international peace.

Under the Constitution, the Fundamental Rights include security of person, safeguards as to arrest and detention, prohibition of slavery and forced labour, freedom of movement, freedom of association, freedom of speech, freedom to profess religion and safeguards to religious institutions, non-discrimination in respect of access to public places and in service, preservation of languages, script and culture. The judiciary enjoys full supremacy over the other organs of the state. About national languages, Urdu was declared as national languages, and English as official language; all other languages were preserved by the Constitution.[38]

Islamic introduction

Many key ideas on regarding the role of Islam in the State that were mentioned in 1956 Articles were made part of the Constitution:

  • The official name "Islamic Republic of Pakistan" as selected for the state of Pakistan.
  • Islam is declared as the state religion of Pakistan.
  • Enabling of living life, culture, and customs of Muslims, individually or collectively, in accordance with the fundamental principles and basic concepts of Islam.
  • Teachings on Arabic, Quran, and Islamiyat to be compulsory in country's institutions and to secure correct and exact printing and publishing of the Quran.
  • Proper organisations of Zakat, Waqf, and mosques is ensured.
  • Prevent prostitution, gambling and consumption of alcohol, printing, publication, circulation, pornography, and display of obscene literature and advertisements.
  • Required to be a Muslim to run for bid of becoming the President (male or female) and/or Prime Minister (male or female). No restriction as to religion or gender on any other post, up to and including provincial governor and Chief Minister.
  • All existing laws shall be brought in conformity with the injunctions of Islam as laid down in the Quran and Sunnah and no law shall be enacted which is repugnant to such injunctions.[39]
  • A Council of Islamic Ideology shall be constituted referred to as the Islamic advisory council.[40]
  • The Constitution of Pakistan defined a Muslim as a person who believes in the unity and oneness of Allah, in the absolute and unqualified finality of the Prophethood of the Islamic prophet, Muhammad, and does not believe in, or recognise as a prophet or religious reformer, any person who claimed or claims to be a prophet, in any sense of the word or of any description whatsoever, after Muhammad.
  • In keeping with this definition, the Second Amendment to the Constitution (1974) declared for the first time the Ahmadiyya Community and/or the Lahori Group as non-Muslims, since their leader, Mirza Ghulam Ahmad, claimed to be prophet of God.
  • However, the Fourth Amendment (1975) set aside six seats in the National Assembly for non-Muslim representatives to protect minority rights.
  • The state shall endeavour to strengthen the bonds of unity among Muslim countries.
  • Islamic revisions were introduced into the Pakistan Penal Code.

Parts

The individual Articles of the Constitution are grouped together into the following Parts:

  • Preamble
  • Part I[41] – Introductory [Articles 1–6]
  • Part II[42] – Fundamental Rights and Principles of Policy [Articles 7–40]
  • Part III[43] – The Federation of Pakistan [Articles 41–100]
  • Part IV[44] – Provinces [Articles 101-140A]
  • Part V[45] – Relations between Federation and Provinces [Articles 141–159]
  • Part VI[46] – Finance, Property, Contracts and Suits [Articles 160–174]
  • Part VII[47] – The Judicature [Articles 175–212]
  • Part VIII[48] – Elections [Articles 213–226]
  • Part IX[49] – Islamic Provisions [Articles 227–231]
  • Part X[50] – Emergency Provisions [Articles 232–237]
  • Part XI[51] – Amendment of Constitution [Articles 238–239]
  • Part XII[52] – Miscellaneous [Articles 240–280]

Annex

  • Annex to the Constitution of Pakistan

Schedule

Schedules are lists in the Constitution that categorise and tabulate bureaucratic activity and policy of the Government.

  • First Schedule[53]Laws exempted from the operation of Article 8(1), 8(2), 8(3b), and 8(4)
  • Second Schedule[54]Election of President" Article 41(3)
  • Third Schedule:[55]Oaths of Office: Article 42, Article 91(5)–92(2), Article 53(2)–61,
  • Fourth Schedule:[56]Legislative Lists
  • Fifth Schedule:[57]Remuneration and Terms and Conditions of Service of Judges: [Article 205]

Amendments

Unlike the previous documents, the Constitution cannot be changed, instead constitutional amendments are passed; altering its effect.[7] Amendments to the Constitution are made through the Parliament, where a Two-thirds majority and voting is required in both houses for a constitutional amendment to take its effect, in accordance to the Constitution.[58] In addition to this, certain amendments which pertain to the federal nature of the Constitution must be ratified by a majority of state legislatures.[59]

As of 2015, 21 amendments have been introduced to the Constitution. Among the most important of these are the Eighth (1985) and Seventeenth Amendments (2004), which changed the government from a parliamentary system to a semi-presidential system. However, in 2010 the Eighteenth Amendment reversed these expansions of presidential powers, returning the government to a parliamentary republic, and also defined any attempt to subvert, abrogate, or suspend the constitution as an act of high treason.

Original text

Preamble

Whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust;

And whereas it is the will of the people of Pakistan to establish an order :-

Wherein the State shall exercise its powers and authority through the chosen representatives of the people;

Wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed;

Wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and Sunnah;

Wherein adequate provision shall be made for the minorities freely to profess and practise their religions and develop their cultures;

Wherein the territories now included in or in accession with Pakistan and such other territories as may hereafter be included in or accede to Pakistan shall form a Federation wherein the units will be autonomous with such boundaries and limitations on their powers and authority as may be prescribed;

Therein shall be guaranteed fundamental rights, including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality;

Wherein adequate provision shall be made to safeguard the legitimate interests of minorities and backward and depressed classes;

Wherein the independence of the judiciary shall be fully secured;

Wherein the integrity of the territories of the Federation, its independence and all its rights, including its sovereign rights on land, sea and air, shall be safeguarded;

So that the people of Pakistan may prosper and attain their rightful and honoured place amongst the nations of the World and make their full contribution towards international peace and progress and happiness of humanity :

Now, therefore, we, the people of Pakistan,

Cognisant of our responsibility before Almighty Allah and men;

Cognisant of the sacrifices made by the people in the cause of Pakistan;

Faithful to the declaration made by the Founder of Pakistan, Quaid-i-Azam Mohammad Ali Jinnah, that Pakistan would be a democratic State based on Islamic principles of social justice;

Dedicated to the preservation of democracy achieved by the unremitting struggle of the people against oppression and tyranny;

Inspired by the resolve to protect our national and political unity and solidarity by creating an egalitarian society through a new order;

Do hereby, through our representatives in the National Assembly, adopt, enact and give to ourselves, this Constitution.

Signatories

All of the MNAs (full list)signed the constitution except Mian Mahmud Ali Kasuri, Dr Abdul Hayee Baloch, Mr Abdul Khaliq Khan, Haji Ali Ahmed Khan, Rais Atta Mohammad Khan and Nizamuddin Haider[60]. Sahibzada Muhammad Nazeer Sultan is currently the last serving member of the National Assembly who was also elected as the Member of National Assembly in the 1970 elections & was one of the last signatories of 1973 Constitution of the Islamic Republic of Pakistan[61].

Comparison with previous sources

With regard to provincial rights the 1973 constitution was in fact the most centralised of Pakistan's various constitutions. The Government of India Act of 1935, which Pakistan adopted as its first working constitution, granted the federal government 96 items of power. The 1956 constitution reduced that number to 49, and this was retained in the 1962 constitution. In 1973, however, it was then enlarged to 114.

See also

References

  1. ^ Abiad, Nisrine (2008). Sharia, Muslim states and international human rights treaty obligations : a comparative study. London: British Institute of International and Comparative Law. pp. 96–200. ISBN 978-1-905221-41-7.
  2. ^ Enterprise Team (1 June 2003). "The Constitution of 1973'". The Story of Pakistan. The Story of Pakistan. Archived from the original on 2 October 2013. Retrieved 15 October 2011.
  3. ^ a b Constitution of Pakistan. "Constitution of Pakistan". Constitution of Pakistan. Constitution of Pakistan. Archived from the original on 12 July 2011. Retrieved 22 January 2013.
  4. ^ "Part III. The Federation of Pakistan: Chapter 1; The President". Const. of Pakistan. Const. of Pakistan. Archived from the original on 7 April 2011. Retrieved 22 January 2013.
  5. ^ "First Six Articles". Archived from the original on 21 May 2013.
  6. ^ a b Iqbal, Khurshid (2009). The Right to Development in International Law: The Case of Pakistan. Routledge. p. 189. ISBN 978-1-134-01999-1. The constitution proclaims ... that all existing laws shall be brought in accordance with the injunctions of Islam as laid down in the Quran and Sunnah, and no law shall be enacted which is repugnant to such injunctions.
  7. ^ a b Iftikhar A. Khan (24 June 2012). "Parliament can't make laws repugnant to Constitution: CJ". Dawn News. Archived from the original on 25 August 2012. Retrieved 23 January 2013.
  8. ^ et. al., Govt of Pakistan. "Constitutional history of Pakistan". National Assembly of Pakistan pr of Pakistan press. Archived from the original on 22 January 2013.
  9. ^ Adamec 2016.
  10. ^ Hussain, Rizwan. Pakistan. The Oxford Encyclopedia of the Islamic World. Archived from the original on 29 March 2016. The first important result of the combined efforts of the Jamāʿat-i Islāmī and the ʿulamāʿ was the passage of the Objectives Resolution in March 1949, whose formulation reflected compromise between traditionalists and modernists. The resolution embodied "the main principles on which the constitution of Pakistan is to be based." It declared that "sovereignty over the entire universe belongs to God Almighty alone and the authority which He has delegated to the State of Pakistan through its people for being exercised within the limits prescribed by Him is a sacred trust," that "the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam shall be fully observed," and that "the Muslims shall be enabled to order their lives in the individual and collective spheres in accord with the teaching and requirements of Islam as set out in the Holy Qurʿan and Sunna." The Objectives Resolution has been reproduced as a preamble to the constitutions of 1956, 1962, and 1973.
  11. ^ a b Islamization of Laws and Economy, Case Studies on Pakistan by Charles Kennedy (Institute of Policy Studies, The Islamic Foundation, 1996, p.85)
  12. ^ a b Backgrounder. Pakistan's Constitution Archived 7 November 2015 at the Wayback Machine Author: Jayshree Bajoria | Council on Foreign Relations | Updated: 21 April 2010
  13. ^ Diamantides, Marinos; Gearey, Adam (2011). Islam, Law and Identity. Routledge. p. 198. ISBN 978-1-136-67565-2. The 1973 constitution also created certain institutions to channel the application and interpretation of Islam: the Council of Islamic Ideology and the Shariat Court.
  14. ^ a b c others contribution, et. al. "The Constitution of 1956". Story of Pakistan. Nazaria-e-Pakistan, part I. Archived from the original on 2 July 2014. Retrieved 1 June 2014.
  15. ^ "Islamic Pakistan". ghazali.net. Archived from the original on 8 May 2018. Retrieved 8 May 2018.
  16. ^ a b c d e et. al. "The Constitution of 1962". Story of Pakistan. Nazaria-e-Pakistan, Part II. Archived from the original on 3 July 2014. Retrieved 1 June 2014.
  17. ^ This was the system that had merged all the provinces of West Pakistan into one unit. General Yahya restored autonomy of the old provinces of Sindh, the Punjab, and the North West Frontier Province and created the new province of Baluchistan.
  18. ^ a b c d e f g h i j k l m n o p q r s t u v w Ghazali, Abdus Sattar (14 August 1999). "Chapter V:The Second Martial Law". Islamic Pakistan: Illusions and Reality. Lahore, Punjab: University of Punjab Press. Archived from the original on 30 May 2014. Retrieved 1 June 2014.
  19. ^ a b Ghazali, Abdus Sattar. "Chapter VII : The Third Islamic Republic". Islamic Pakistan. Punjab University Press, Chapter 7. Archived from the original on 3 April 2014. Retrieved 2 June 2014.
  20. ^ a b c d et. al. "Constitution of Pakistan". Story of Pakistan. Nazaria-e-Pakistan, Part IV. Archived from the original on 2 October 2013. Retrieved 2 June 2014.
  21. ^ a b c d e f g Korson, ed. by J. Henry (1974). "Islam and the New Constitution of Pakistan". Contemporary problems of Pakistan (google books). Leiden: Brill. ISBN 9004039422. Archived from the original on 24 June 2016.CS1 maint: Extra text: authors list (link)
  22. ^ Kugelman, Michael. "More Alike Than You'd Think: Six Things the U.S. and Pakistan Have in Common". Hufftington Post. Hufftington Post. Hufftington Post. Archived from the original on 2 June 2014. Retrieved 2 June 2014.
  23. ^ Ali, Sarmad (12 December 2013). "Pakistan and Social Contract". Daily Times. Daily Times. Archived from the original on 6 June 2014. Retrieved 2 June 2014.
  24. ^ a b c Siddiqui, Tariq Moin (21 July 2013). "Constitution of Pakistan". GEO Documentary (GEO News area studies). GEO Television Network. GEO Television Network. Archived from the original on 9 March 2016. Retrieved 2 June 2014.
  25. ^ Gerges, James Wynbrandt ; foreword by Fawaz A. (2008). A brief history of Pakistan. New York: Facts on File. ISBN 081606184X.
  26. ^ Articles 8–28 in the Part II: Chapter 1: Fundamental Rights and Principles of Policy Archived 5 July 2014 at the Wayback Machine of the Constitution of Pakistan
  27. ^ Hamdani, Yasir Latif. "Challenges to Fundamental Right of Freedom of Speech in Pakistan". Archived from the original on 6 June 2014. Retrieved 3 June 2014.
  28. ^ Article 199(1)–199(5b) in the Part VII: Chapter 3: Chapter 3: The High Courts Archived 4 July 2014 at the Wayback Machine of the Constitution of Pakistan
  29. ^ Article 2 in Part I: Introductory of the Constitution of Pakistan: "Islam shall be the State religion of Pakistan."
  30. ^ Article 1(1)–1(2) in Part I: Introductory of the Constitution of Pakistan
  31. ^ Article 1(3) in Part I: Introductory of the Constitution of Pakistan
  32. ^ Article 50(1)–89(3b) in Part III: Chapter 2: Majlis-e-Shoora (Parliament) of the Constitution of Pakistan
  33. ^ Article 41(1)–41(2) of Part III:Chapter 1: The President of the Constitution of Pakistan
  34. ^ Article 91(3) in Part III: Chapter 3: The Federal Government of the Constitution of Pakistan
  35. ^ Article 227(1) in the Part IX: Islamic Provisions Archived 1 August 2014 at the Wayback Machine of the Constitution of Pakistan
  36. ^ Articles 153–159(5) of Part V:Chapter 3: Special Provisions Archived 27 April 2015 at the Wayback Machine of the Constitution of Pakistan
  37. ^ Article 160–160(5) in Part VI:Chapter 1: Finance Archived 5 July 2014 at the Wayback Machine of the Constitution of Pakistan
  38. ^ Article 251–251(3) in Part XII: Chapter 4: General Archived 3 June 2014 at Archive.today in the Constitution of Pakistan
  39. ^ Article 227(1)–227(3) in Part IX: Islamic Provisions Archived 30 April 2016 at the Wayback Machine of the Constitution of Pakistan
  40. ^ Article 228(1)–228(6) in Part IX: Islamic Provisions Archived 30 April 2016 at the Wayback Machine of the Constitution of Pakistan
  41. ^ Part I: Introductory Archived 2 February 2015 at the Wayback Machine of the Constitution of Pakistan
  42. ^ Part II Part II: Fundamental Rights and Principles of Policy Archived 5 July 2014 at the Wayback Machine of the Constitution of Pakistan
  43. ^ Part III: The Federation of Pakistan Archived 4 February 2016 at the Wayback Machine of the Constitution of Pakistan
  44. ^ Part IV: Provinces Archived 4 July 2014 at the Wayback Machine of the Constitution of Pakistan
  45. ^ Part V: Relations between Federation and Provinces Archived 4 July 2015 at the Wayback Machine of the Constitution of Pakistan
  46. ^ Part VI: Finance, Property, Contracts and Suit Archived 5 July 2014 at the Wayback Machine of the Constitution of Pakistan
  47. ^ Part VII: The Judicature Archived 4 July 2014 at the Wayback Machine of the Constitution of Pakistan
  48. ^ Part VIII: The Elections Archived 3 July 2014 at the Wayback Machine of the Constitution of Pakistan
  49. ^ Part IX: Islamic Provisions Archived 1 August 2014 at the Wayback Machine of the Constitution of Pakistan
  50. ^ Part X: Emergency Provisions Archived 22 August 2014 at the Wayback Machine of the Constitution of Pakistan
  51. ^ Part XI: Amendment of Constitution Archived 6 November 2013 at the Wayback Machine of the Constitution of Pakistan
  52. ^ Part XII: Miscellaneous Archived 4 July 2014 at the Wayback Machine of the Constitution of Pakistan
  53. ^ First Schedule Archived 21 October 2014 at the Wayback Machine of the Constitution of Pakistan
  54. ^ Second Schedule Archived 21 October 2014 at the Wayback Machine of the Constitution of Pakistan
  55. ^ Third Schedule Archived 5 July 2014 at the Wayback Machine of the Constitution of Pakistan
  56. ^ Fourth Schedule Archived 11 August 2014 at the Wayback Machine of the Constitution of Pakistan
  57. ^ Fifth Schedule Archived 21 October 2014 at the Wayback Machine of the Constitution of Pakistan
  58. ^ Article 239(1)–Article 239(6) in Part XI: Amendment of Constitution Archived 6 November 2013 at the Wayback Machine of the Constitution of Pakistan
  59. ^ Article 239(4) in Part XI: Amendment of Constitution Archived 6 November 2013 at the Wayback Machine of the Constitution of Pakistan
  60. ^ "On display: What's in the Constitution of Pakistan? - The Express Tribune". tribune.com.pk. 10 April 2015. Archived from the original on 14 April 2018. Retrieved 8 May 2018.
  61. ^ "National Assembly of Pakistan on Twitter". twitter.com. Retrieved 8 May 2018.

Sources

External links

Amendments to the Constitution of Pakistan

This is a list of all the amendments to the Constitution of Pakistan.

Cabinet of Pakistan

The Cabinet of Pakistan (Urdu: کابینہ پاکستان‎, Kābīnā-e-Pākistān) is a formal body composed of senior government officials chosen and led by the Prime Minister. All cabinet members sworn in are designated Minister, and are seated at their respective ministries located in the Pakistan Secretariat.

The Cabinet Secretary of Pakistan serves as the administrative head of the Cabinet Division and reports directly to the Prime Minister. According to the Constitution of Pakistan, the Prime Minister may dismiss members of the cabinet, but must do so in writing, and new appointees must again be approved by the Parliament. The cabinet meets weekly in Islamabad. The cabinet is granted constitutional power under Article 81D of the Constitution of Pakistan. The existence of the cabinet dates back to Prime Minister Liaquat Ali Khan, who appointed civil servants and statesmen to his first cabinet.

Chairman of the Senate of Pakistan

The Chairman of the Senate of Pakistan (Urdu: صدر ایوانِ بالا‎), is the president-chair of the Senate of Pakistan. According to the Constitution of Pakistan, the chairman is a presiding official and that Senate must choose a chairman and deputy chairman for a time interval of three years.During the President's absence, the chairman senate is empowered with the duties of the presidency; in rare events involving the absence of the chairman, the presidential duties are usually held by Speaker National Assembly. The Chairman of the Senate is the second in the line of succession to the President of Pakistan, ahead of the Speaker National Assembly.The Chairman of the Senate was Habibullah Marwat while Wasim Sajjad remains the longest-serving chairman. Balochistan Senator Muhammad Sadiq Sanjrani elected to Senate as an independent in the March 3 election, is the current Chairman of the Senate, having assumed office on 12 March 2018. His election as the first-ever Senate chairman from Balochistan.

Constitution of Pakistan of 1956

The Constitution of 1956 was the fundamental law of Pakistan from March 1956 until the 1958 Pakistani coup d'état. It was the first constitution adopted by independent Pakistan. There were 234 articles 13 parts and 6 schedules.

Constitution of Pakistan of 1962

The Constitution of 1962 was the fundamental law of Islamic Republic of Pakistan from June 1962 until martial law was declared in March 1969. It was abrogated in the same year by president Yahya Khan.

Eighteenth Amendment to the Constitution of Pakistan

The Eighteenth Amendment of the Constitution of Pakistan (Urdu: آئین پاکستان میں اٹھارہویں ترمیم) was passed by the National Assembly of Pakistan on April 8, 2010, removing the power of the President of Pakistan to dissolve the Parliament unilaterally, turning Pakistan from a semi-presidential to a parliamentary republic, and renaming North-West Frontier Province to Khyber Pakhtunkhwa. The package was intended to counter the sweeping powers amassed by the Presidency under former Presidents General Pervez Musharraf and General Muhammad Zia-ul-Haq and to ease political instability in Pakistan. The bill reversed many infringements on the Constitution of Pakistan over several decades by its military rulers. The amendment bill was passed by the Senate of Pakistan on April 15, 2010 and it became an act of parliament when President Asif Ali Zardari put his signature on the bill on April 19, 2010. It was the first time in Pakistan's history that a president relinquished a significant part of his powers willingly and transferred them to parliament and the office of the prime minister.

Eighth Amendment to the Constitution of Pakistan

The Eighth Amendment to the Constitution of Pakistan (Urdu: آئین پاکستان میں آٹھویں ترمیم) allowed the President to unilaterally dissolve the National Assembly and elected governments. The Majlis-e-Shoora amended the Constitution of Pakistan in 1985 and the law stayed on the books until its repeal in 1997.

The bill was passed in the absence of the elected Parliament. The eighth amendment was drafted and later enforced by the technocratic-military government of General Zia-ul-Haq. The eighth amendment changed Pakistan's system of government from a parliamentary democracy to a semi-presidential system. The eighth amendment strengthened the authority of the President and also granted additional powers to dismiss the elected Prime Minister's government. These powers included the right, expressed in sub-section 2(b) inserted into Article 58, to dissolve the National Assembly (but not the Senate) if, in his or her opinion, "a situation has arisen in which the Government of the Federation cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary." (Constitution of Pakistan, Article 58) with the consequence of dismissing the Prime Minister and his or her Cabinet.

Election Commission of Pakistan

The Election Commission of Pakistan (Urdu: الیکشن کمیشن پاکستان‎), is an independent, autonomous, permanent and constitutionally established federal body responsible for organizing and conducting of elections to state parliament, provincial legislatures, local governments, elections to the office of President of Pakistan, delimitation of constituencies and preparation of Electoral Rolls. As per the principles enlightened by the Constitution of Pakistan, the Commission makes such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against The Election Commission was formed on 23 March 1956 and has been restructured and reformed in various occasions of history of the country.Under the Article 213 & 216, the Chief Election Commissioner and four retired judges of the High Courts from respective four province of the country, who are appointed by the President in the manner provided in the clauses (2A) and (2B) of Article 213 of constitution. As of present, Justice (R) Sardar Muhammad Raza is the current Chief Election Commissioner.Election Commission of Pakistan has a 5-member panel, out of which 4 members are from each of the four provinces (Punjab, Sindh, Balochistan and Khyber Pakhtunkhwa) headed by a Chief Election Commissioner. The Commission transacts its business by holding meetings. All members of the Election Commission have equal status and say in the decisions of the Commission. The newly passed Elections Act 2017 from National Assembly dated 2nd October, 2017 has now been enacted and General Elections 2018 was performed under this Act successfully.

ECPs bureaucracy is headed by Federal Secretary ECP (BS-22)officer who manages the ECP Secretariat

Electoral College (Pakistan)

The President of Pakistan is chosen by an electoral college (Urdu: جماعت انتخاب کنندگان‎), in Pakistan. According to Article 41(3) of the Constitution of Pakistan, this electoral college consists of the Senate, the National Assembly of Pakistan, and the Provincial Assemblies of the four provinces. Members of the National Assembly and Provincial Assemblies are directly elected by the people in competitive multi-party elections. Members of the Senate are indirectly elected by the provincial assemblies.

Federalism in Pakistan

Pakistan is a Federal Republic, with powers shared between the Federal government and the provinces. Relations between federation and provinces is defined in Part V(Articles 141-159) of the constitution.

Legal Framework Order, 2002

The Legal Framework Order, 2002 was issued by Pakistani president Pervez Musharraf in August 2002. It provided for the general elections of 2002 and the revival of the 1973 Constitution of Pakistan, and added numerous amendments to the Constitution. The following month, the Supreme Court overruled Musharraf, ruling that the amendments would have to be ratified by Parliament in the manner provided in the unamended 1973 Constitution—the amendments would have to be approved by two-thirds of both houses of the bicameral body.

After the October 2002 general elections, although Musharraf's supporters had a majority in Parliament, they did not have the required two-thirds supermajority to ratify the Legal Framework Order. Parliament was effectively deadlocked by strident opposition from Musharraf's opponents for over a year. In December 2003, a faction was persuaded to vote for a compromise amendment bill, the Seventeenth Amendment to the Constitution of Pakistan. With this amendment, parts of the Legal Framework Order were incorporated into the Constitution.

Objectives Resolution

The Objectives Resolution was adopted by the Constituent Assembly of Pakistan on March 12, 1949. Prime Minister, Liaquat Ali Khan, had presented it in the assembly on March 7, 1949. Out of 69 members of the assembly, 21 voted for it. All the amendments proposed by minority members were rejected. Consequently, all of them voted against it.

The resolution proclaimed that the future constitution of Pakistan would not be modeled entirely on a European pattern, but on the ideology and democratic faith of Islam. The resolution, in its entirety, has been made part of the Constitution of Pakistan under Article 2(A).

President of Pakistan

The President of Pakistan (Urdu: صدر مملکت پاکستان‎ — Ṣadr-e Mumlikat-e Pākistān, Urdu pronunciation: [ˌsəd̪ˈr-eː ˈmʊm.lɪˌkət̪-e pɑː.kɪs.t̪ɑːn]), is the head of state of the Islamic Republic of Pakistan and the civilian Commander-in-Chief of the Pakistan Armed Forces, per the Constitution of Pakistan. The office-holder represents the "unity of the Republic". The current President of Pakistan is Arif Alvi.

The President is kept informed by the Prime Minister of Pakistan on all matters of internal and foreign policy, as well as all legislative proposals. The Constitution vests the President with the powers of granting pardons, reprieves, and the control of the military; however, all appointments at higher commands of the military must be made by the President on a "required and necessary" basis, upon consultation and approval from the Prime Minister. In addition, the Constitution prohibits the President from exercising the authority of running the government.The president is indirectly elected by the Parliament of Pakistan through the Electoral College for a five-year term. The Constitution requires the President to be a "Muslim of not less than forty five (45) years of age". The President resides in an estate in Islamabad known as Aiwan-e-Sadar (Presidential Palace). There have been a total of 13 Presidents. In the absence of the President, the Senate Chairman takes over as the Acting President until the President resumes office, or the election for the next President is held.

Prime Minister of Pakistan

The Prime Minister of Pakistan (Urdu: وزِیرِ اعظم پاکِستان‬‎ ‎ – Wazīr-ē-Āzam, Urdu pronunciation: [ʋəˈziːr-ˌeː ˈɑː.zəm]; lit. "Grand Vizier") is the head of government of Pakistan and designated as the "chief executive of the Republic".The Prime Minister leads the executive branch of the government, oversees the economic growth, leads the National Assembly, heads the Council of Common Interests as well as the Cabinet, and is vested with the command authority over the nuclear arsenals. This position places its holder in leadership of the nation and in control over all matters of internal and foreign policy. The Prime Minister is elected by the members of the National Assembly and therefore is usually the leader of the majority party in the parliament. The Constitution of Pakistan vests the executive powers in the Prime Minister, who is responsible for appointing the Cabinet as well as running the executive branch, taking and authorising executive decisions, appointments and recommendations that require executive confirmation of the Prime Minister.Constitutionally, the Prime Minister serves as the chief adviser to President of Pakistan on critical matters and plays an influential role in appointment in each branch of the military leadership as well as ensuring the control of the military through chairman joint chiefs. Powers of the Prime Minister have significantly grown with a delicate system of the check and balance by each branch. The position was absent during years of 1960–73, 1977–85 and 1999–2002 due to imposed martial law. In each of these periods, the military junta led by the President had the powers of the Prime Minister.Imran Khan has held the office of Prime Minister since 18 August 2018, following the outcome of nationwide general elections held on 25 July 2018.

Provisional Constitutional Order

The Provisional Constitutional Order, popularly known as PCO, is an emergency and extra-constitutional order that suspends either wholly or partially the Constitution of Pakistan— the supreme law of land.

The PCO fulfills and act as the temporary order while the constitution is held in abeyance or suspension. Mostly, the orders have been enforced during the times of the martial law imposed by the armed forces of the country against the civilian governments.

Second Amendment to the Constitution of Pakistan

The Second Amendment to the Constitution of Pakistan (Urdu: آئین پاکستان میں دوسری ترمیم‎) became a part of the Constitution of Pakistan on September 7, 1974 under the Government of Prime Minister Zulfiqar Ali Bhutto. It declared that Ahmadis were not Muslims.

Senate of Pakistan

Senate of Pakistan or Aiwān-e-Bālā Pākistān (Urdu: ایوانِ بالا پاکستان‎, IPA: [ɛːʋɑːn-e bɑːlɑ ˌpɑːkɪst̪ɑːn]) is the upper legislative chamber of the bicameral legislature of Pakistan, and together with the Qaumi Assembly makes up the Majlis-e-Shoora.

First convened in 1973, the Senate's composition and powers are established by the Article 59 of the Constitution of Pakistan. Each province of Pakistan are represented by fourteen senators and eight senators from the tribal areas regardless of population, who serve staggered six-year terms. The Senate secretariat is located in the east wing of the Parliament Building; the National Assembly convenes in the west wing of the same building.The Senate has several exclusive powers not granted to the National Assembly, including the powers of making parliamentary bills as a being enforced into law. Elections are held every three years for one half of the Senate and each Senator has a term of six years. The Constitution does not allow for the dissolution of the Senate.

Supreme Judicial Council of Pakistan

The Supreme Judicial Council of Pakistan is a body of judges empowered under Article 209 of the constitution of Pakistan to hear cases of misconduct against judges.

Twenty-fifth Amendment to the Constitution of Pakistan

The Twenty-fifth Amendment of the Constitution of Pakistan, officially known as the Constitution (Twenty-fifth Amendment) Act, 2018 (formerly Constitution (Thirty-first Amendment) Act, 2018), was passed by the Parliament of Pakistan and the Khyber Pakhtunkhwa Assembly in May 2018. Under the amendment, the Federally Administered Tribal Areas (FATA) are to be merged with the province of Khyber Pakhtunkhwa (KP).

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