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Old Wednesday, January 17, 2007
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Red face The Constitution Of Pakistan

There have been several documents known as the Constitution of Pakistan .

These will be dealt with here in chronological order.

The 1973 Constitution provided for a parliamentary system with a President as head of state and popularly elected Prime Minister as head of government. However, in 1988 the Eighth Amendment made Pakistan's government a Semi-presidential system. Pakistan has a bicameral legislature that consists of the Senate (upper house) and the National Assembly (lower house). Together with the President, the Senate and National Assembly make up a body called the Majlis-i-Shoora (Council of Advisors) or Parliament.

Early constitutional beginnings

The first major step in framing a constitution was the passage by the Constituent Assembly of the Objectives Resolution of March 1949,

which defined the basic principles of the new state. It provided that Pakistan would be a state:

"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 Qur'an and Sunnah; [and] wherein adequate provision shall be made for the minorities freely to progress and practice their religions and develop their cultures."

Seven years of debate, however, failed to produce agreement on fundamental issues such as regional representation or the structure of a constitution. This impasse prompted Governor General Ghulam Mohammad to dismiss the Constituent Assembly in 1954. The Supreme Court of Pakistan upheld the action of the Governor General, arguing that he had the power to disband the Constituent Assembly and veto legislation it passed. This preeminence of the Governor General over the legislature has been referred to as the viceregal tradition in Pakistan's politics.

The Constitution of 1956

The revived Constituent Assembly promulgated Pakistan's first indigenous constitution in 1956 and reconstituted itself as the national legislature--the Legislative Assembly--under the constitution it adopted. Pakistan became an Islamic republic. The Governor General was replaced by a President.


The Constitution of 1962

Ayub Khan sought recommendations for a new constitution.

With the aim of investigating the reasons of failure of the parliamentary system in Pakistan, and to make recommendations for a new constitution, Ayub Khan appointed a Constitution Commission under the supervision of Justice Shahab-ud-din. After a number of considerations, the Commission submitted its report on May 6, 1961. Ayub Khan was not satisfied with the report and had it processed through various committees. As a result the Constitution, which was promulgated on March 1, and enforced on June 8, 1962, was entirely different from the one recommended by the Shahab-ud-din Commission.
The Constitution of 1962 consisted of 250 Articles, which were divided into 12 Parts and three Schedules. It advocated presidential form of government with absolute powers vested in the President. The President was to be a Muslim not less than 35 years of age. The term of the President was for five years and nobody could hold the post for more than two consecutive terms. The President was the head of the state as well as the head of the Government. The President had the power to appoint Provincial Governors, Federal Ministers, Advocate General, Auditor General and Chairmen and Members of various administrative commissions. As the Supreme Commander of the Armed Forces of Pakistan, the appointment of the chiefs of the forces was also his duty.

The Constitution of 1962 provided for a unicameral legislature. The National Assembly was to consist of 156 members, including six women. The Eighth Amendment later increased this number to 218. Principle of parity was retained and seats were distributed equally between the two wings of the country. Principle of Basic Democracy was introduced for the first time in the country and the system of indirect elections was presented. Only 80,000 Basic Democrats were given the right to vote in the presidential elections. The Eighth Amendment later increased this number to 120,000. Half of them were to be from the Eastern Wing, the rest from the Western Wing of the country.

According to the Constitution of 1962, the Executive was not separated from the Legislature. The President exercised veto power in the legislative affairs and could even veto a bill passed by the National Assembly with a two-third majority. He had the power to issue ordinances when the Assembly was not in session. The ordinance needed the approval of the National Assembly within 48 days of its first meeting or 108 days after its promulgation. However, if the President enforced emergency in the country, which according to the constitution was within his jurisdictions, then the ordinances needed no approval from the legislative body.

The President had the power to dissolve the National Assembly. Federal form of government was introduced in the country with most of the powers reserved for the Central Government. There was a federal list of subjects over which the provinces had no jurisdiction. Principle of One Unit for West Pakistan was maintained and the number of seats for Punjab was curtailed to 40 percent in the Western Wing for the initial five years. Provincial Governors were to enjoy the same position in the provinces, which the President was to enjoy in the center.

Islamic clauses were included in the Constitution. These could not be challenged in any court of law. The state was named the Republic of Pakistan, but the first amendment added the word "Islamic" to the name. The word "Islam" and not "Quran and Sunnah" was used in the Islamic clauses to give a liberal touch to the Constitution. The Advisory Council of Islamic Ideology was introduced whose job was to recommend to the government ways and means to enable Muslims to live their lives according to the teachings of Islam.

The Constitution of 1962 was a written Constitution upholding the fundamental rights of the citizens. Under the Constitution, the Judiciary had little independence and the appointment of the Chief Justices and Judges of the Supreme and High Courts was in the hands of the President. The President also had the power to remove a judge after an inquiry on misconduct or on the basis of mental or physical illness.

Both Urdu and Bengali were made the national languages of Pakistan and English was declared as the official language of the country for the first ten years. The Constitution was flexible in nature and could be amended by a two-third majority in the National Assembly and with the approval of the President. In its short life of seven years, eight amendments were made in the Constitution.

When Ayub Khan handed over power to Yahya Khan, Martial Law was enforced in the country and the Constitution was terminated on March 25, 1969.





The Constitution of 1973


Zulfiqar Ali Bhutto, Prime minister from 1971 to 1977, lifted martial law within several months after his election, and after an "interim constitution" granting him broad powers as President, a new constitution was promulgated in April 1973 and came into effect on August 14 of that year, the twenty-sixth anniversary of the country's independence. This constitution represented a compromise consensus on three issues: the role of Islam; the sharing of power between the federal government and the provinces; and the division of responsibility between the president and the prime minister, with a greatly strengthened position for the latter. Bhutto stepped down as president and became prime minister. In order to allay fears of the smaller provinces concerning domination by Punjab, the constitution established a bicameral legislature with a Senate, providing equal provincial representation, and a National Assembly, allocating seats according to population. Islam was declared the state religion of Pakistan.

With regard to provincial rights the 1973 constitution was in fact the most centralised of Pakistan's various constitutions. The Government of India Act 1935; that Pakistan adopted as its first working constitution gave the federation 96 items of powers. The 1956 constitution reduced it to 49. This number was retained in the 1962 constitution but in 1973 it was enlarged to a massive 114.

Bhutto had the opportunity to resolve many of Pakistan's political problems. But although the country finally seemed to be on a democratic course, Bhutto lost this opportunity because of series of repressive actions against the political opposition that made it appear he was working to establish a one-party state. In a final step, he suddenly called national elections in March 1977, hoping to catch the opposition unprepared and give his party total control of the National Assembly.


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The Constitution of the Islamic Republic of Pakistan

Preamble

Part I: Introductory [Articles 1-6]
Part II: Fundamental Rights and Principles of Policy [Articles 7-40]
Chapter 1: Fundamental Rights [Articles 8-28]
Chapter 2: Principles of Policy [Articles 29-40]
Part III: The Federation of Pakistan [Articles 41-100]
Chapter 1: The President [Articles 41-49]
Chapter 2: Majlis-e-Shoora (Parliament) [Articles 50-89]
Chapter 3: The Federal Government [Articles 90-100]
Part IV: Provinces [Articles 101-140]
Chapter 1: The Governors [Articles 101-105]
Chapter 2: Provincial Assemblies [Articles 106-128]
Chapter 3: The Provincial Governments [Articles 129-140]
Part V: Relations between Federation and Provinces [Articles 141-159]
Chapter 1: Distribution of Legislative Powers [Articles 141-142]
Chapter 2: Administrative Relations between the Federation and Provinces [Articles 145-152]
Chapter 3: Special Provisions [Articles 152A-159]
Part VI: Finance, Property, Contracts and Suits [Articles 160-174]
Chapter 1: Finance [Articles 160-165A]
Chapter 2: Borrowing and Audit [Articles 166-171]
Chapter 3: Property, Contracts, Liabilities and Suits [Articles 172-174]
Part VII: The Judicature [Articles 175-212B]
Chapter 1: The Courts [Article 175]
Chapter 2: The Supreme Court of Pakistan [Articles 176-191]
Chapter 3: The High Courts [Articles 192-203]
Chapter 3A: Federal Shariat Court [Articles 203A-203J]
Chapter 4: General Provisions Relating to the Judicature [Articles 204-212B]
Part VIII: Elections [Articles 213-226]
Chapter 1: Chief Election Commissioner and Elections Commissions [Articles 213-221]
Chapter 2: Electoral Laws and Conduct of Elections [Articles 222-226]
Part IX: Islamic Provisions [Articles 227-231]
Part X: Emergency Provisions [Articles 232-237]
Part XI: Amendment of Constitution [Articles 238-239]
Part XII: Miscellaneous [Articles 240-280]
Chapter 1: Services [Articles 240-242]
Chapter 2: Armed Forces [Articles 243-245]
Chapter 3: Tribal Areas [Articles 246-247]
Chapter 4: General [Articles 248-259]
Chapter 5: Interpretation [Articles 260-264]
Chapter 6: Title, Commencement and Repeal [Articles 265-266]
Chapter 7: Transitional [Articles 267-280]


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Amendments in the Constitution 1973 of The Islamic Republic of Pakistan

Table of Contents

ACTS


The Constitution (First Amendment) Act, 1974
The Constitution (Second Amendment) Act, 1974
The Constitution (Third Amendment) Act, 1975
The Constitution (Fourth Amendment) Act, 1975
The Constitution (Fifth Amendment) Act, 1976
The Constitution (Sixth Amendment) Act, 1976
The Constitution (Seventh Amendment) Act, 1977
The Constitution (Eighth Amendment) Act, 1985
The Constitution (Ninth Amendment) Bill, 1986
The Constitution (Tenth Amendment) Act, 1987
The Constitution (Eleventh Amendment) Bill, 1989
The Constitution (Twelfth Amendment) Act, 1991
The Constitution (Thirteenth Amendment) Act, 1997
The Constitution (Fourteenth Amendment) Act, 1997

ORDERS

The Constitution (Amendment) Order, 1979
The Constitution (Second Amendment) Order, 1979
The Constitution ( Amendment) Order, 1980
The Constitution (Second Amendment) Order, 1980
The Constitution (Third Amendment) Order, 1980
The Constitution (Fourth Amendment) Order, 1980
The Constitution (Amendment) Order, 1981
The Constitution (Second Amendment) Order, 1974
The Constitution (Third Amendment) Order, 1981
The Constitution (Fourth Amendment) Order, 1981
The Constitution (Amendment) Order, 1982
The Constitution (Second Amendment) Order, 1982
The Constitution (Third Amendment) Order, 1982
The Constitution (Fourth Amendment) Order, 1982
The Constitution (Amendment) Order, 1983
The Constitution (Second Amendment) Order, 1983
The Constitution (Third Amendment) Order, 1983
The Constitution (Amendment) Order, 1984
The Constitution (Second Amendment) Order, 1984
The Constitution ( Amendment) Order, 1985
The Constitution (Amendment) Order, 1985
The Revival of the Constitution of 1973 Order, 1985
The Constitution (Second Amendment) Order, 1985
The Constitution (Third Amendment) Order, 1985

GLOSSARY OF AMENDMENTS IN THE ARTICLES/SCHEDULES OF THE CONSTITUTION, 1973

TEXT OF AMENDATORY ACTS AND ORDERS

The Constitution (First Amendment) Act, 1974
The Constitution (Second Amendment) Act, 1974
The Constitution (Third Amendment) Act, 1975
The Constitution (Fourth Amendment) Act, 1975
The Constitution (Fifth Amendment) Act, 1976
The Constitution (Sixth Amendment) Act, 1976
The Constitution (Seventh Amendment) Act, 1977
The Constitution (Eighth Amendment) Act, 1985
The Constitution (Ninth Amendment) Bill, 1986
The Constitution (Tenth Amendment) Act, 1987
The Constitution (Eleventh Amendment) Bill, 1989
The Constitution (Twelfth Amendment) Act, 1991
The Constitution (Thirteenth Amendment) Act, 1997
The Constitution (Fourteenth Amendment) Act, 1997
The Constitution (Sixteenth Amendment) Act, 1999
The Constitution (Fifteenth Amendment) Bill, 1998
The Constitution (Sixteenth Amendment) Bill, 1999
The Constitution (Amendment) Order, 1979
The Constitution (Second Amendment) Order, 1979
The Constitution (Amendment) Order, 1980
The Constitution (Second Amendment) Order, 1980
The Constitution (Third Amendment) Order, 1980
The Constitution (Fourth Amendment) Order, 1980
The Constitution (Amendment) Order, 1981
The Constitution (Second Amendment) Order, 1981
The Constitution (Third Amendment) Order, 1981
The Constitution (Fourth Amendment) Order, 1981
The Constitution (Amendment) Order, 1982
The Constitution (Second Amendment) Order, 1982
The Constitution (Third Amendment) Order, 1982
The Constitution (Fourth Amendment) Order, 1982
The Constitution (Amendment) Order, 1983
The Constitution (Second Amendment) Order, 1983
The Constitution (Third Amendment) Order, 1983
The Constitution (Amendment) Order, 1984
The Constitution (Second Amendment) Order, 1984
The Constitution (Amendment) Order, 1985
The Constitution (Amendment) Order, 1985
The Revival of the Constitution of 1973 Order, 1985
The Constitution (Second Amendment) Order, 1985
The Constitution (Third Amendment) Order, 1985
Text of Accord on Constitution
Report of the Constitution Committee





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Default Name of people involved in drafting the 1973 Constitution

can any body tell me name of people who were involved in drafting the constitution of 1973. thanks
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can any body tell me name of people who were involved in drafting the constitution of 1973. thanks
Mr. Abdul Hafeez Pirzada
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