Constitutions of Pakistan Essay Essays

Constitutions of Pakistan Essay Essays Constitutions of Pakistan Essay Essay Constitutions of Pakistan Essay Essay Introduction: The fundamental law of Pakistan that came into being on March 23. 1956. abolished the office of the governor-general and provided for power-sharing agreements between the president and the premier curate. East Pakistan ( now the independent province of Bangladesh ) and West Pakistan ( known as Pakistan since 1971 ) were to hold equal seats in the national legislative assembly. While parliamentary and federal in signifier. the fundamental law ensured that the president retained supreme powers and the centre was more powerful than the states. But this fundamental law had a really short life. The country’s foremost general elections were scheduled for February 1959. but President Iskandar Mirza. fearing a rise in East Pakistan’s influence could sabotage his clasp on power. abrogated the fundamental law before the elections in 1958. set uping soldierly jurisprudence and naming ground forces head Ayub Khan as main soldierly jurisprudence decision maker. This se t a case in point for the military to asseverate itself into the country’s political personal businesss. It besides led to a form of coup detats. corruption of constitutional commissariats. and a military-bureaucracy dominated executive that superseded the elected parliament. A new fundamental law came into consequence in 1962 which failed to include cardinal rights until the first amendment was made to it. allowing the executive power to the president and get rid ofing the office of the premier curate. Most significantly. it institutionalized the intercession of military in political relations by supplying that for 20 old ages. the president or the defence curate must be a individual who had held a rank non lower than that of lieutenant-general in the ground forces. In 1969. the 1962 fundamental law was suspended. soldierly jurisprudence was declared. and General Yahya Khan took over. After the sezession of East Pakistan to organize the new province of Bangladesh. a new fundamental law was brought in 1973. After taking control of the authorities in 1971. Z. A. Bhutto started work on a democratic fundamental law for the state. On 17th April 1972 the National Assembly constituted a commission to fix a bill of exchange fundamental law. The Committee worked difficult and prepared the bill of exchange of the fundamental law which was presented to the leaders of all parliamentary leaders on 20th October 1972. All the leaders signed the bill of exchange. After that it was discussed and debated n the National Assembly which gave its blessing on 10th April 1973. The President gave his acquiescence on 12th April 1973. Finally the Senate approved the fundamental law in August 1973. Consequently the fundamental law was enforced in the state on 14th August 1973. Harmonizing to the Constitution of 1973 Mr. Z. A. Bhutto expression over as the 10th Prime Minister and Mr. Fazl-e-Elahi was sworn in as the President of Pakistan. Fundamental law of Pakistan 1956: The Constitution of 1956 was the cardinal jurisprudence of Pakistan from March 1956 until the Revolution of October 1958. a ) Origins: Pakistan became independent of the United Kingdom in 1947. Under Section 8 of the Indian Independence Act. 1947. the Government of India Act. 1935 became. with certain versions. the working fundamental law of Pakistan. But the demand of a fundamental law to be framed by the elective representatives of the people was all the more necessary for the free citizens of a autonomous province. Therefore the first Constituent Assembly was formed under the Independence Act and was entrusted with two separate maps: To border a Fundamental law for the state. and To put as a Federal Legislative Assembly or Parliament until that Constitution came into consequence. The powers and maps of the cardinal legislative assembly under the Government of India Act were conferred on the Constituent Assembly. The Constituent Assembly could. nevertheless. amend the Indian Independence Act. 1947 or the Government of India Act. 1935. and no Act of the British Parliament could be extended to Pakistan without statute law by the Constituent Assembly. The first Constituent Assembly originally consisted of 69 members ; later the figure of members was increased to 79 The first large measure in the framing of a fundamental law for Pakistan was taken by the Constituent Assembly on 12 March 1949. when it passed a declaration on the ‘Aims and Aims of the Constitution’ . popularly known as the Objectives Resolution. It laid the foundation of the fundamental law and indicated the wide lineation of its construction. The declaration was moved by Liaquat Ali Khan. the first Prime Minister of Pakistan. While traveling the Resolution. he said: Sir. I consider this to be a most of import juncture in the life of this state. following in importance merely to the accomplishment of independency. because by accomplishing independency we merely won an chance of constructing up a state and its civil order in conformity with our ideals. I would wish to remind the house that the Father of the Nation. Quaid-i-Azam. gave look of his feelings on this affair on many an juncture. and his positions were endorsed by the state in unmistakable footings. Pakistan was founded because the Muslims of this sub-continent wanted to construct up their lives in conformity with the instructions and traditions of Islam. because they wanted to show to the universe that Islam provides a Panacea to the many diseases which have crept into the life of humanity today. ] The declaration was debated for five yearss. The taking members o f the authorities and a big figure of non-Muslim members. particularly from East Bengal. took a outstanding portion. Non-Muslim members expressed sedate apprehensivenesss about their place and function in the new policy. Hindu members of the Constitutional Assembly argued that the Aims Resolution differed with Muhammad Ali Jinnah’s ( Quaid-e-Azam ) position in all the basic points. Sris Chandra Chattopadhyaya said: What I hear in this ( Objectives ) Resolution is non the voice of the great Godhead of Pakistan – the Quaid-i-Azam. nor even that of the Prime Minister of Pakistan the Honorable Mr. Liaquat Ali Khan. but of the Ulema of the land. Birat Chandra Mandal declared that Jinnah had â€Å"unequivocally said that Pakistan will be a secular province. † Bhupendra Kumar Datta went a measure farther: â€Å"†¦were this declaration to come before this house within the lifetime of the Great Creator of Pakistan. the Quaid-i-Azam. it would non hold come in its present form. After nine old ages of attempts. Pakistan was successful in bordering a fundamental law. The Constituent Assembly adopted it on 29 February 1956. and it was enforced on 23 March 1956. proclaiming Pakistan to be an Islamic democracy. B ) Commissariats: The Constitution of 1956 was drawn-out and elaborate ; it contained 234 articles divided into 13 parts and six agendas. The Fundamental law of 1956 provided for federal system with the rule of para between East Pakistan and West Pakistan. The Federal Legislature was to execute like the British Parliament. The Centre was invested with such powers as to take one-sided action in exigency and it could act upon the provincial liberty. The Fundamental law of 1956 provided for the parliamentary signifier of authorities. where existent executive authorization was vested in a cabinet. jointly responsible to the legislative assembly. The cabinet was presided over by the Prime Minister. The Fundamental law declared that there would be merely one house of parliament known as the National Assembly and equality between the two Wingss ( i. e. East Pakistan and West Pakistan ) was maintained in it. The Governor General was replaced by a President. who was to be elected by the Electoral College of Pakistan composed of members of the National Assembly and Provincial Assembly. Familiar democratic rights and freedoms such as freedom of address and look. of assembly and association. of motion and of profession were all provided in the Constitution. with the usual makings. With respects to civil rights. familiar rights such as rights of life. autonomy and belongings were granted. once more with the usual makings and precautions. The bench was given power to implement the cardinal rights and the tribunals were to make up ones mind if a jurisprudence was abhorrent to any commissariats of the cardinal rights. degree Celsius ) Salient characteristics: Written Constitution – This is a written and drawn-out papers. Rigid Constitution – The fundamental law could merely be amended through a procedure necessitating the amendment to be passed by at least a two-thirds bulk of the parliament and hallmark by the President. Islamic Republic of Pakistan – The name of the state was adopted as the Islamic Republic of Pakistan. Objectives Resolution – The nonsubjective declaration was included as permeable by the fundamental law. Federal System – The fundamental law provides for a federal system in the state. Powers was divided between the Centre and the states. The topics were divided into three lists ; The Federal List. The Provincial List. and the Concurrent List. Unicameral Legislature – The legislative assembly would dwell of a individual house. Both the wings of the state were given representation in the National Assembly. The National Assembly consisted of 300 members. 150 members were draw n from each wing. Parliamentary System – a parliamentary system was adopted. harmonizing to it the president was the caput of province and the Prime Minister the caput of authorities. The President – required being a Muslim of at least 40 old ages of age. The term of office of his office was five old ages. In instance of internal or external danger he could declare a province of exigency in the state. He was authorized to name the Governors. the Judges of the Supreme Court. Auditor General and the Advocate General. The Prime Minister – He was to be the leader of the Parliamentary group and was therefore indirectly elected by the people. He could take his cabinet from the members of the National Assembly ; the cabinet was answerable to the Assembly. Provincial Autonomy – Curtailed in the fundamental law to a great extent. Islamic Law – no jurisprudence would be passed against the instructions of the Quran and Sunnah. Free Judiciary – An independent bench in the state. A Supreme Court interpreted the fundamental law. advised the province whenever required. and decided the issues whenever required. Fundamental Rights – included freedom of motion. freedom of address and look. freedom to take profess ion and freedom to profess faith. Right to life. autonomy. and belongings. Language – Urdu A ; Bengali were made national linguistic communications. vitamin D ) Islamic commissariats: Islamic Republic of Pakistan – The name of the state was adopted as the Islamic Republic of Pakistan. Objectives Resolution – Included as preamble to the fundamental law. Islamic Law – No Law would be passed against the instructions of the Quran and Sunnah. and bing Torahs would be made Islamic in character. Muslim President – a demand. Religious Freedom – Freedom to profess. pattern and propagate any faith and the right to set up. maintain and manage spiritual establishments. Life Harmonizing to the Holy Quran and Sunnah- Harmonizing to the directing rules. stairss were to be taken to enable the Muslims of Pakistan separately and jointly to order their lives in conformity with the Holy Quran and Sunnah. Teachings of the Holy Quran – Were to be made compulsory for all Muslims. Slavery and forced labours were prohibited. Alcohol and narcotics – sale was banned and were prohibited Prostitution – was prohibited Particular revenue enhancement – No individual should be compelled to pay any particular revenue enhancement whose returns were to be spent on the extension of any faith other than the person’s ain. Unity among Muslim states – States were required to beef up the bonds of Muslims. Organization for Islamic Research and Instructions – The president was required to put up an organisation for Islamic Research and Instruction in advanced surveies to help in the Reconstruction of Muslim society on a true Islamic footing. vitamin E ) Drawbacks: A far-reaching degeneration of power already a political world. was non given a constitutional acknowledgment and accepted as the footing of the stale. The federal list was well reduced and the provincial list greatly enlarged. reassigning to the states. among other things. control over mineral resources. enlisting of services. industries. internal communications and the tribal countries in the North West Frontier. This was contrary to the pattern of advanced states where the deferral rule has been used in constructing up a common nationhood through a strong Centre. The fundamental law in Pakistan alternatively of being an instrument for integrity a state already divided by geographics. sought to make two distinguishable political entities with maximal liberty in the direction of their personal businesss Regional truenesss were farther consolidated by the debut of para of representation the National Assembly. The fundamental law was concerned in the belief th at the political life of the state would ever be tied to provincial moorages and will neer lift a higher plane of patriotism in which party associations would cut across the physical barriers. Parity ‘was certain to further parochial experiencing every bit in the part in whose favour it was to run and in the part whose involvements were adversely affected by it. degree Fahrenheit ) Death:On 7 October 1958. He abrogated the fundamental law. imposed soldierly jurisprudence and appointed General Muhammad Ayub Khan as the Chief Martial Law Administrator and Aziz Ahmad as Secretary General and Deputy Chief Martial Law Administrator. However. three hebdomads subsequently General Ayub- who had been openly oppugning the authorization of the authorities prior to the infliction of Martial law- deposed Iskandar Mirza on 27 October 1958 and assumed the presidential term that practically formalized the mobilization of the political system in Pakistan. [ 6 ] Four old ages subsequently a new papers. Fundamental law of 1962 was adopted. This was finally succeeded by the Constitution of 1973. Fundamental law of Pakistan 1962: The Constitution of 1962 was the cardinal jurisprudence of Pakistan from June 1962 until soldierly jurisprudence was declared in March 1969. It was finally replaced by the current Fundamental law of 1973. a ) Origins:Pakistan became an independent province in 1947. The first papers that served as a fundamental law for Pakistan was the Government of India Act. 1935. The first Pakistani Constituent Assembly was elected in 1947 and after nine old ages adopted the first autochthonal fundamental law. the ephemeral Fundamental law of 1956. In October 1958. President Iskander Mirza staged a putsch d’etat and abrogated the fundamental law. Shortly afterwards General Ayub Khan deposed Iskandar and declared himself president. [ 1 ] On 17 February 1960 Ayub Khan appointed a committee to describe on the future political model for the state. The Commission was headed by the former Chief Justice of Pakistan. Muhammad Shahabuddin. and had ten other members. five each from East Pakistan and West Pakistan. composed of retired Judgess. attorneies. industrialists and landlords. The study of the Constitution Commission was presented to President Ayub on 6 May 1961 and exhaustively examined by the President and his Cabinet. In January 1962. theCabinet eventually approved the text of the new fundamental law. It was promulgated by President Ayub on 1 March 1962 and eventually came into consequence on 8 June 1962. The Constitution contained 250 articles divided into 12 parts and three agendas. B ) Commissariats: PAKISTAN was named as ‘Islamic Republic of Pakistan’ . The fundamental law provided for a federal system with the rule of para between East Pakistan and West Pakistan. Both the states would run their separate provincial authoritiess. The duties and authorization of the Centre and the states were clearly listed in the fundamental law. The Cardinal Legislature had one house known as the National Assembly. There were 156 members of the National Assembly. The equality between the two wings were maintained in it. The Constitution of 1962 provided for a presidential signifier of authorities. as opposed to the parliamentary signifier of authorities under the 1956 Constitution. The President. who must be a Muslim non less than 35 old ages of age and qualified for election as a member of the National Assembly was to be elected indirectly by an electoral college in conformity with the commissariats outlined in the Constitution itself. The Electoral College formed by non less than 80. 000 Basic Democrats ( B. D. ) . every bit distributed between the two states. Under the Constitution of 1962. if the figure of campaigners for election to the office of President exceeds three. the Speaker of the National Assembly was to convene a joint session of the members of the National and Provincial Assemblies to choose merely three campaigners for election. the staying campaigners so would non be eligible. This showing was non applicable to a individual who was keeping the office of the President i. e. if the sitting President was besides a campaigner the figure of campaigners would be four. The term of the President was five old ages to move as Head of State every bit good as Chief Executive- solely responsible for country’s disposal. Governor and Minister were appointed and removed by him. He was eligible to proclaim Regulations and veto against legislated Torahs merely override able by two-thirds of the National Assembly. However. the President was non empowered to fade out the Assembly except at the cost of his office besides. On a charge of go againsting the Constitution or gross misconduct the President might be impeached by the National Assembly for which tierce of the entire members of the National Assembly must give written notice to the Speaker for the remotion of the President. The President was to be removed from office if the declaration for impeachment was passed by ballots of non less than three-quarterss of the entire members of the Assembly. A important characteristic of the impeachment process was that if the declaration for remotion of the Presi dent fails to obtain one-half of the entire figure of members of the National Assembly the movers of the declaration would discontinue to be members of the Assembly. The Constitution of 1962 provided for elections of the Central and Provincial Legislatures for a term of five old ages. The members of the Assemblies were elected by the Basic Democrats. The National Assembly was entirely empowered to pass for the cardinal topics. However. it could pass on affairs falling under provincial legal power. The power to enforce revenue enhancements was laid with the cardinal legislative assembly. The Assembly had to function as a tribunal in the instances of impeachment. strong belief or declaring the President as incapacitated. It could amend the Constitution. but with two-thirds bulk. However. if the President’s veto was over-ridden. he had the right to inquire for the acquiescence of the Electoral College. The process of the Provincial Assemblies was indistinguishable with that of the National Assembly†¦Ã¢â‚¬ ¦ ! degree Celsius ) Salient characteristics: Written Fundamental law: The Constitution of 1962 was a written papers. It consisted of five agendas and 250 articles. Rigid Fundamental law: This is a stiff fundamental law. This is a stiff fundamental law can merely be amended through a peculiar procedure. If an amendment to the fundamental law is passed by at least two-third bulk of the parliament so it becomes a portion of jurisprudence after hallmark by thePresident. Federal System: A federal system was introduced in the state. It consisted of a cardinal authorities and two provincial authorities consisting East and West Pakistan. Presidential forum of Government: President was the head Executive of the state. He was empowered to put up the curates of his cabinet. Indirect Method of Election: The President was elected by an Electoral College consisting 80. 000 Basic Democrats. every bit distributed between the two states. Provincial Governments: There were two provincial authoritiess. Each of them was headed by a governor. He enjoyed powers in the state which the President enjoyed in the centre. The Governor was empowered to name provincial curates with the countenance of the President of Pakistan. Provincial Legislature: Each state was provided with a legislative assembly. It originally consisted of 150 members. However. subsequently on this figure was increased to 218. Powers of President Harmonizing to the 1962 Constitution the President should be a Muslim with the term of 5 old ages. He was eligible to proclaim Regulations and veto against legislated Torahs merely override-able by two/thirds of the National Assembly. However. the President was non empowered to fade out the Assembly except the cost of his office besides. Restrictions to the President: The President was non allowed to keep any office of net income in the service of Pakistan but was non prevented from keeping a pull offing private belongings. Muslim Law: No Law would be passed against the instruction of Quran and Sunnah and the bing Torahs would be made Islamic in character. Cardinal Rights: The fundamental law of 1962 laid down cardinal rights of address and look. freedom to take profession and freedom to profess faith. With Regards to civil rights. familiar right such as the rights of life. livery and belongings were granted. Role of Judiciary: The Judiciary was responsible for the reading of Torahs and executive orders in the visible radiation of the rules embodied in a written fundamental law. Supreme Judicial Council: A supreme judicial council dwelling of two Judgess of Supreme Court main justness of Supreme Court and two Judgess of high tribunals was to be established. vitamin D ) Islamic Commissariats: The preamble of the Constitution of 1962 was based on the Objectives Resolution. The Constitution laid down merely that the province of Pakistan shall be an Islamic democracy under the name of Islamic Republic of Pakistan’ . Harmonizing to the rules of policy. stairss were to be taken to enable the Muslims of Pakistan separately and jointly. to order their lives in conformity with the cardinal rules and basic constructs of Islam. and should be provided with installations whereby they may be enabled to understand the significance of life harmonizing to those rules and constructs. No jurisprudence shall be enacted which is abhorrent to the instructions and demands of Islam as set out in the Qur’an and Sunnah and all bing Torahs shall be brought in conformance with the Qur’an and Sunnah. Merely a Muslim could be qualified for the election as President. Teaching of the Quran and Islamiyat to the Muslims of Pakistan was made compulsory. Proper administration of Zakat. waqf. and mosques was ensured. Practical stairss were to be taken to eliminate what were seen as societal immoralities by Islam. such as the usage of intoxicant. gaming. etc. A fresh Islamic proviso in the 1962 Constitution had introduced an ‘Advisory Council of Islamic Ideology’ to be appointed by the President. The maps of the Council was to do recommendations to the Government as to agencies which would enable and promote the Muslims of Pakistan to order their lives in conformity with the rules and constructs of Islam and to analyze all Torahs in force with a position to convey them into conformance with the instructions and demands of Islam as set out in the Qur’an and Sunnah. . There shall be an administration to be known as Islamic Research Institute. which shall be established by the President. The map of the Institute was to set about Islamic Research and Instruction in Islam for the intent of helping in the Reconstruction of Muslim society on a truly Muslim footing. The province should endeavor to beef up the bonds of integrity among Moslem states. vitamin E ) Death: The 2nd soldierly jurisprudence was imposed on 25 March 1969. when President Ayub Khan abrogated the Constitution of 1962 and handed over power to the Army Commander-in-Chief. General Agha Mohammad Yahya Khan. On presuming the presidential term. General Yahya Khan acceded to popular demands by get rid ofing the one-unit system in West Pakistan and ordered general elections on the rule of one adult male one ballot. Fundamental law of Pakistan 1973: The Constitution of the Islamic Republic of Pakistan is the supreme jurisprudence of Pakistan. Known as the Constitution of 1973. it was drafted by the authorities of Zulia Ali Bhutto and. following add-ons by the resistance parties. was approved by the legislative assembly on April 10. 1973. It was Pakistan’s foremost of all time fundamental law by consensus unlike two earlier fundamental laws. the Fundamental law of 1956 and the Constitution of 1962. a ) Origins: Pakistan became independent from British India in 1947. following its divider. The first papers that served as a fundamental law for Pakistan was the Government of India Act. 1935. The first Pakistani Constituent Assembly was elected in 1947 and after nine old ages adopted the first autochthonal fundamental law. the ephemeral Fundamental law of 1956. In October 1958. President Iskander Mirza staged a putsch d’etat and abrogated the fundamental law. Shortly afterwards General Ayub Khan deposed Iskandar and declared himself president. In 1960 Ayub Khan appointed a committee to outline a new fundamental law. The new Constitution of 1962 was decreed by President Ayub in March of that twelvemonth. On 25 March 1969 the Second Martial Law was imposed ; President Ayub Khan abrogated the 1962 fundamental law and handed over power to the Army Commander-in-Chief. General Agha Mohammad Yahya Khan. On presuming the presidential term. General Yahya Khan acceded to popular demands by get rid ofing the one-unit system in West Pakistan and ordered general elections on the rule of one adult male. one ballot. General Yahya’s government made no effort to border a fundamental law. The outlooks were that a new component assembly would be set up by keeping a free and just election. In order to keep the proposed elections. President Yahya Khan promulgated a Legal Framework Order on 30 March 1970 that besides spelled out the cardinal rules of the proposed fundamental law and the construction and composing of the national and provincial assemblies. [ In December. 1970 elections were held at the same time for both the national and five provincial assemblies. By any standards. elections were free and just. Although Mujib had been released from prison by yahya khan due to the fact that he vanished all the charges on all political leaders. There was no intervention from the authorities ; it maintained rigorous neutrality demoing no favour or favoritism for or against any political parties. The members of the governing council of curates were debarred from engagement in the elections. There were no allegations of tackle of the elections as is frequently alleged in elections held in the states of the Third World. But the consequences of the first and the last general elections in united Pakistan were merely black from the point of view of national integrity and demonstrated the failure of national integrating. There was non a individual national party in the state which enjoyed the assurance of the people of Pakistan. both east and West Pakistan. Two regional parties- the Awami League ( AL ) under the leading East Pakistan- won 290 out of 288 seats allotted for East Pakistan. But in West Pakistan it could non procure a individual place and the per centum of ballots secured by the Awami League in the four states of West Pakistan were: 0. 07 ( Punjab ) . 0. 07 ( Sindh ) 0. 2 ( Pakhtunkhwa and 1. 0 ( Baluchistan ) . The Pakistan Peoples Party ( PPP ) under the leading of Zulfikar Ali Bhutto won 88 out of 144 seats for West Pakistan. But the PPP did non even make bold to put up a campaigner in East Pakistan. The staying 57 seats of West Pakistan were shared by seven parties and there were 15 independent campaigners. The PPP emerged as the individual largest party in West Pakistan with bulks in Sindh and the Punjab ; and the National Awami Party ( NAP ) together with their political ally. Jamiat-ul Ulema-i-Islam ( of Maulana Mufti Mahmood ) JUI. got clear bulks in Baluchistan and Khyber-Pakhtunkhwa. None of the West Pakistani political parties. like the PPP. could win a individual place in East Pakistan. The spiritual inquiry played small or no portion in the elections. There can be no uncertainty that in East Pakistan the rules which won the consensus of sentiment was the individual basic impression of liberty The Awami League had fought the elections on the footing of their six points expression. which committed them to reconstitute the bing federal system in order to guarantee maximal political liberty for East Pakistan. Under this expression. merely two portfolios- Ministry of Foreign Affairs and Defense- would be retained by the cardinal authorities. The PPP. on the other manus. was non willing to thin the authorization of the cardinal authorities in malice of guaranting full provincial liberty for all the states of Pakistan. The National Awami Party and JUI alliance sided with the AL so that they might obtain maximal liberty for their ain states. i. e. . Baluchistan and Khyber-Pakhtunkhwa. The election consequences genuinely reflected the ugly political world: the division of the Pakistani electorate along regional lines and political polarisation of the state between the two wings. Pakistan and West Pakistan. Inpolitical footings. therefore. Pakistan as a state stood divided as a consequence of the really first general elections in 23 old ages of its being. Therefore the general elections of 1970 produced a new political constellation with three distinguishable Centres of power the AL in East Pakistan: ( two ) the PPP in Sindh and the Punjab. B ) Commissariats: This fundamental law represented a via media consensus on three issues: the function of Islam. the sharing of power between the federal authorities and the states. and the division of duties between the President and the Prime Minister. with a greatly strengthened place for the latter. The Constitution provided for a federal system. The Federal Legislature is to map like the British Parliament. In order to still the concerns of the states refering the just distribution of legislative power. the fundamental law established a bicameral legislative assembly with a Senate ( the upper house ) . supplying equal provincial representation. and a National Assembly ( the lower house ) . apportioning seats harmonizing to population. Islam was declared the province faith. The Constitution stated Pakistan’s functionary name as the Islamic Republic of Pakistan. Merely a Muslim could go the President or the Prime Minister of Pakistan. No jurisprudence repugnant to Islam shall be enacted and the present Torahs shall besides be Islamized. The President must be a Muslim non less than 45 old ages of age. elected by members of Parliament. He is to keep office for a term of five old ages. The President could be removed by the declaration of parliament of non less than two tierces of the entire rank. The President could publish regulations when the Parliament is non in session. The President has the power of allowing forgiveness and the right to be kept informed by the Prime Minister on all affairs of internal and foreign policies. The Constitution sets forth the parliamentary system of Government. The caputof the Government. harmonizing to the Constitution. will be the Prime Minister. The Prime Minister and his Cabinet is accountable to the National Assembly for his actions. The Prime Minister would be elected by the bulk of the National Assembly. The Constitution of 1973 introduced a new establishment known as the ‘Council of Common Interests’ dwelling of Chief Ministers of the states and an equal figure of Ministers of the Federal Government nominated by the Prime Minister. The Council could explicate and modulate the policy in the Part II of the Legislative List. In instance of ailment of intervention in H2O supply by any state the Council would look into the ailment. Another major invention in the Fundamental law of 1973 is the constitution of a National Finance Commission ( NFC ) consisting of the Federal and Provincial Finance Ministers and other members to advice on distribution of grosss between the federation and the states. The Principles of Policy includes Islamic manner of life. publicity of Local Government establishments. full engagement of adult females in national life. protection of minorities. publicity of societal and economic well being of the people. and beef uping the bonds with the Muslim universe and to work for international peace. Under the 1973 Constitution. Fundamental Rights include security of individual. precautions as to collar and detainment. prohibition of bondage and forced labour. freedom of motion. freedom of association. freedom of address. freedom to profess faith and precautions to spiritual establishments. non-discrimination in regard of entree to public topographic points and in service. saving of linguistic communications. book and civilization. The judiciary enjoys full domination over the other variety meats of the province. degree Celsius ) Salient Features: Written Fundamental law:Like the old fundamental laws of 1956 and 1962 the Fundamental law of 1973is a written papers. It is really comprehensive and consists of 12 parts dwelling of 280 articles. Introductory and the Objectives Resolution: It commences with an introductory which slates the Islam shall be province faith. The rules and commissariats set out in the Objectives Resolution have been made substantial portion of the fundamental law. Muslim System: The inclusion of Islamic Provisions has given the 1973 Constitution an unprecedented Islamic character. It ensures an Islamic system in the state. Rigid Fundamental law:It is a stiff fundamental law. No Government can alter it at will. It is non easy to do amendments in it. Two-third bulk of both the Houses is required for this intent. Federal System:The Constitution of 1973 has introduced a Federal system in the state. The federation of Pakistan consists of a Cardinal Government and four Provincial Governments. The Federal Government is headed by a President elected by members of Majlis-e-Shoora ( Parliament ) Parliamentary signifier of Government: The 1973 Constitution proposes a Parliamentary signifier of Government in the state. Prime curate is the caput of the Parliamentary system. He is leader of the Majlis-e-Shoora ( Parliamentary ) . He is elected on direct grownup franchise footing. The Prime Minister selects a cabinet of cardinal curates from the members of Parliament which conducts the personal businesss of the state. Harmonizing to 1973 Constitution the Prime Minister enjoys broad powers. Bicameral Legislature: The Constitution provides for the constitution of a bicameral legislative assembly in Pakistan. The Majlis-e-Shoora ( Parliament ) consists of two Houses named Senate and National Assembly. The Senate or the Upper House consists of 63 members ( the 8th Amendment has raised this figure to 87 ) . The National Assembly consists of 200 members ( Now this figure has been raised to 207 ) . The Majlis-e-Shoora enjoys broad powers of legislative assembly. Direct Method of Election: The Constitution of 1973 gives a direct method of election. The members ofthe National Assembly. the Provincial Assemblies are straight elected by the people. Independence of Judiciary:The Constitution of 1973 emphasiss upon the constitution of an independent bench. Full occupation security has been provided. The Judgess are appointed by the President. They can non be removed from service before the terminal of their term except on the recommendation of the Supreme Judicial Council. In add-on the Judges National Language: The 1973 Fundamental law are paid respectable wages.has declared Urdu as the national linguistic communication of Pakistan. However English has been retained as the official linguistic communication for 15 old ages. Similarly regional linguistic communications have been provided full protection. Single Citizenship: The Constitution of 1973 has established the rules of individual citizenship. Harmonizing to this rule the rights and responsibilities of the citizens are determined by the Federal Constitution merely. Thus the people throughout Pakistan are citizens of Pakistan. Rule of Law: The 1973 Constitution establishes regulation of jurisprudence in Pakistan. Harmonizing to regulation of jurisprudence no individual can be deprived of his cardinal rights. All the citizens of Pakistan are equal before jurisprudence. High Treason: Harmonizing to the Constitution of 1973 the act of unconstitutional repeal of the Constitution has been declared as an act of High Treason. Referendum:The Constitution of 1973 has authorized the President to keep Referendum on any national issue. Similarly the Prime Minister can inquire the President to keep referendum on any of import national issue. vitamin D ) Islamic commissariats: The name ‘Islamic Republic of Pakistan’ is selected for the province of Pakistan. Islam is declared as the province faith of Pakistan. Steps shall be taken to enable the Muslims of Pakistan. separately or jointly. to order their lives in conformity with the cardinal rules and basic constructs of Islam. Steps shall be taken to do theinstruction of the Qur’an and Islamiyat compulsory. to promote and ease the acquisition of Arabic linguistic communication and to procure correct and exact printing and publication of the Qur’an. Proper administration of Zakat. waqf and mosques is ensured. The province shall forestall harlotry. gaming and ingestion of intoxicant. printing. publication. circulation and show of obscene literature and advertizements. Merely a Muslim could be qualified for election as President ( male or female ) and Prime Minister ( male or female ) . No limitation as to faith or gender on any other station. up to and including provincial gove rnor and Chief Minister. All bing Torahs shall be brought in conformance with the injunctions of Islam as laid down in the Qur’an and Sunnah and no jurisprudence shall be enacted which is abhorrent to such injunctions. A Council of Islamic Ideology shall be constituted referred to as the Islamic Council. The maps of the Islamic Council shall be to do recommendations to Parliament and the Provincial Assemblies about the ways and agencies of enabling and promoting the Muslims of the Pakistan to order their lives in conformity with the rules of Islam. The President or the Governor of a state may. or if two fifths of its entire rank so requires. a House or a Provincial Assembly shall. mention to the Islamic Council for advice on any inquiry as to whether a proposed jurisprudence is or is non abhorrent to the injunctions of Islam. For the first clip. the Fundamental law of Pakistan gave definition of a Muslim which states: ‘Muslim’ means a individual who believes in the integrity and unity of Allah. in the absolute and unqualified conclusiveness of theProphethood of the Islamic prophesier. Muhammad. and does non believe in. or recognize as a prophesier or spiritual reformist. any individual who claimed or claims to be a prophesier. in any sense of the word or of any description whatsoever. after Muhammad. The province shall endeavour to beef up the bonds of integrity among Moslem states. The Second Amendment ( wef 17 September 1974 ) of the 1973 Constitution declared for the first clip the Ahmadiyya Community or the Lahore Ahmadiyya Movement for the Propagation of Islam ( Lahoris ) as non-Muslims. and their leader. Mirza Ghulam Ahmad. who claimed to be prophesier of God. to which mainstream Muslims do non hold. vitamin E ) Comparison with old fundamental laws: With respect to provincial rights the 1973 fundamental law was in fact the most centralized of Pakistan’s assorted fundamental laws. The Government of India Act of 1935. which Pakistan adopted as its first on the job fundamental law. granted the federal authorities 96 points of power. The 1956 fundamental law reduced that figure to 49. and this was retained in the 1962 fundamental law. In 1973. nevertheless. it was so enlarged to 114. Decisions: The predating study of Pakistan’s Constitution and the consecutive alterations brought approximately in it may assist gain a few major points. The most noticeable fact is that the Constitution has faced the challenge of endurance. which hasbeen threatened many a clip in the yesteryear. Once the Constitution was abrogated and later it was held inabeyance. Whenever the Constitution was restored it wasdone so along with alterations and amendments. which characteristically altered its earlier position. Therefore. whatwe identify today as the Constitution. is drastically differentfrom its form when it was adopted in 1973. Change in the Constitution is non something which in itself can beopposed. A living fundamental law ever responds to thechanging conditions and the new demands of thesociety. Strategic Analysis: Where in the State shall exert its powers and authorization through the chosen representatives of the people ; Wherein the rules of democracy. freedom. equality. tolerance and societal justness. as enunciated by Islam. shall be to the full observed ; Wherein the Muslims shall be enabled to order their lives in the person and corporate domains in conformity with the instructions and demands of Islam as set out in the Holy Quran and Sunnah ; Wherein adequate proviso shall be made for the minorities freely to profess and pattern their faiths and develop their civilizations ; Wherein the districts now included in or in accession with Pakistan and such other districts as may hereafter be included in or submit to Pakistan shall organize a Federation wherein the units will be independent with such boundaries and restrictions on their powers and authorization as may be prescribed ; Wherein shall be guaranteed cardinal rights. including equality of position. of chance and before [ the ] jurisprudence. societal. economic and political justness. and freedom of idea. look. belief. religion. worship and association. topic to jurisprudence and public morality ; Wherein adequate proviso shall be made to safeguard the legitimate involvements of minorities and backward and down categories ; Wherein the independency of the judiciary shall be to the full secured ; Wherein the unity of the districts of the Federation. its independency and all its rights. including its crowned head rights on land. sea and air. shall be safeguarded ; So that the people of Pakistan may thrive and achieve their rightful and honoured topographic point amongst the states of the World and do their full part towards international peace and advancement and felicity of humanity ; Conscious of our duty before Almighty Allah and work forces ; Cognizant of the forfeits made by the people in the cause o f Pakistan and Faithful to the declaration made by the Founder of Pakistan. Quaid-i-Azam Muhammad Ali Jinnah. that Pakistan would be a democratic State based on Islamic rules of societal justness ; Mentions: 1. hypertext transfer protocol: //en. wikipedia. org/wiki/Constitution_of_Pakistan 2. hypertext transfer protocol: //www. Pakistani. org/pakistan/constitution/ 3. hypertext transfer protocol: //pakistanconstitutionlaw. com/ 4. hypertext transfer protocol: //www. cssforum. com. pk/study-forums/constitutions 5. hypertext transfer protocol: //storyofpakistan. com/the-constitution-of-1956/ 6. hypertext transfer protocol: //www. pppusa. org/1973constitution. htm 7. hypertext transfer protocol: //www. guesspapers. net/2380/salient-features-constitutions