Constitutional Constitutional Development Of Development Of Pakistan since Pakistan since

1947 to the present 1947 to the present

BACKGROUNDBACKGROUND

• Creation of Pakistan in 1947 was in Creation of Pakistan in 1947 was in many ways a unique event which at many ways a unique event which at the same time was bound to have the same time was bound to have many difficulties primarily due to a many difficulties primarily due to a consistently hostile attitude adopted consistently hostile attitude adopted by Indian leadership. The Indian by Indian leadership. The Indian leaders continued to create leaders continued to create difficulties for Pakistan in the hope difficulties for Pakistan in the hope that Pakistan would not survive for that Pakistan would not survive for long.long.

• One of the most uphill task for the newly One of the most uphill task for the newly

created Pakistan was the framing of its created Pakistan was the framing of its

comprehensive Constitution. Both India comprehensive Constitution. Both India

and Pakistan at their birth adopted and Pakistan at their birth adopted

Government of India Act of 1935 with Government of India Act of 1935 with

essential amendments as the interim essential amendments as the interim

constitution i.e. Parliamentary and Federal constitution i.e. Parliamentary and Federal

in nature.in nature.

• Quaid-e-Azam with his vast and strong Quaid-e-Azam with his vast and strong

background of handling legal matters took background of handling legal matters took

up this problem with urgency however up this problem with urgency however

gravity of other issues compelled him to gravity of other issues compelled him to

pay his attention to other matters which pay his attention to other matters which

delayed this important process of delayed this important process of

constitution making. constitution making.

Measures Taken by JinnahMeasures Taken by Jinnah

• Appointed the first constituent Appointed the first constituent assembly of Pakistan in August 1947 :assembly of Pakistan in August 1947 :

1.1. 69 members elected in 1945-46 69 members elected in 1945-46 election. election.

• Dual responsibility of acting as the Dual responsibility of acting as the federal legislature and constituent federal legislature and constituent assembly. assembly.

• The members however lacked the The members however lacked the essential requisites of high essential requisites of high competence, commitment and competence, commitment and political experience. Even though political experience. Even though Jinnah wanted to improve this Jinnah wanted to improve this situation but his early demise in 1948 situation but his early demise in 1948 struck another blow to fledgling struck another blow to fledgling Pakistan. Pakistan.

Liaquat Ali Khan and his Liaquat Ali Khan and his Objectives Resolution of Objectives Resolution of

1949 1949

• Objectives resolution was passed Objectives resolution was passed on 12th March 1949 while on 12th March 1949 while Liaquat Ali Khan was the Prime Liaquat Ali Khan was the Prime Minister and Khawaja Minister and Khawaja Nazimuddin was the 2nd Nazimuddin was the 2nd Governor General at the time. Governor General at the time.

Main Features of Main Features of Objective Resolution Objective Resolution

• Sovereignty of Allah Sovereignty of Allah • Democracy: Elected representation Democracy: Elected representation • Federal Republic based on Islamic Federal Republic based on Islamic

Principles, justice, equality and Principles, justice, equality and tolerance with an independent tolerance with an independent judiciary plus protection of minorities judiciary plus protection of minorities

• Muslim way of life according to Muslim way of life according to teachings of Quran and Sunnahteachings of Quran and Sunnah

• After sharp criticism by religious After sharp criticism by religious

scholars a basic principles scholars a basic principles

committee was setup to review the committee was setup to review the

recommendations however the recommendations however the

report was subject to widespread report was subject to widespread

criticism over its recommendations criticism over its recommendations

in East and West Pakistan. in East and West Pakistan.

BASIC PRINCIPLES BASIC PRINCIPLES COMMITTEECOMMITTEE

• Basic principles committee was formed Basic principles committee was formed in1949 with Liaquat Ali khan as its head.in1949 with Liaquat Ali khan as its head.

• Its main task was to examine important Its main task was to examine important constitutional matters.constitutional matters.

• Published its first draft in 1950 which Published its first draft in 1950 which invited strong criticism from East invited strong criticism from East Pakistan.Pakistan.

• Liaquat Ali khan was assassinated in Liaquat Ali khan was assassinated in 1951 and Khawaja Nazimuddin sworn in 1951 and Khawaja Nazimuddin sworn in as second prime minister.as second prime minister.

• Khawaja Nazimuddin presented second Khawaja Nazimuddin presented second report in 1952 , commonly known as report in 1952 , commonly known as Parity Proposal.Parity Proposal.

• Its main focus was the equal distribution Its main focus was the equal distribution of seats between West and East Pakistan.of seats between West and East Pakistan.

• It was also criticized on various issues like It was also criticized on various issues like ::

• Treating West Pakistan as single Treating West Pakistan as single province , disregard of numerical strength province , disregard of numerical strength of east Pakistan and formation of Ulema of east Pakistan and formation of Ulema BoardBoard..

• Irrespective of a deadlock , Khawaja Irrespective of a deadlock , Khawaja Nazimuddin was removed in 1953 Nazimuddin was removed in 1953 and Mohammad Ali Bogra became and Mohammad Ali Bogra became Prime Minister.Prime Minister.

• He presented Bogra Formula to He presented Bogra Formula to overcome the constitutional overcome the constitutional deadlock.deadlock.

• Sensitive issues like language Sensitive issues like language problem and representation of East problem and representation of East and West Pakistan were solved .and West Pakistan were solved .

• Governor General Ghulam Governor General Ghulam Mohammad most undemocratically Mohammad most undemocratically dismissed constituent assembly on 24 dismissed constituent assembly on 24 October 1954.October 1954.

• Maulvi Tamiz ud Din case.Maulvi Tamiz ud Din case.• Second constitutional assembly was Second constitutional assembly was

formed in1955 and under Chaudry formed in1955 and under Chaudry Muhammad Ali it presented a new Muhammad Ali it presented a new draft which was finally approved in draft which was finally approved in 1956. 1956.

1956 Constitution1956 Constitution

• Passed on 29 February 1956 and Passed on 29 February 1956 and was promulgated on 23 March was promulgated on 23 March 1956.1956.

• Consisted of 234 articles, Consisted of 234 articles, arranged in 13 parts, short arranged in 13 parts, short preamble in the beginning and preamble in the beginning and six schedules attached at the end six schedules attached at the end ,covered total of 94 pages.,covered total of 94 pages.

The PreambleThe Preamble

• The preamble of the constitution The preamble of the constitution

was the objective resolution was the objective resolution

which was adopted by the which was adopted by the

Constituent assembly in Constituent assembly in

March,1949March,1949..

The Islamic ProvisionsThe Islamic Provisions• Pakistan was defined as an “Islamic Pakistan was defined as an “Islamic

Republic”, wherein the principles of Republic”, wherein the principles of freedom,equality,tolerance,and freedom,equality,tolerance,and social justice as enunciated by social justice as enunciated by Islam, should be fully observed.Islam, should be fully observed.

• Islamic provisions will be followed Islamic provisions will be followed by the state authorities while by the state authorities while formulating state policies.formulating state policies.

• Steps were to be taken to enable Steps were to be taken to enable Muslims of Pakistan to order their Muslims of Pakistan to order their lives according with the Holy Quran lives according with the Holy Quran and Sunnah.and Sunnah.

• The President was to be a Muslim.The President was to be a Muslim.• No law shall be enacted ,which is No law shall be enacted ,which is

repugnant to the injunction of repugnant to the injunction of Islam as laid down in the Holy Islam as laid down in the Holy Quran and the Sunnah: and that the Quran and the Sunnah: and that the existing laws shall be brought into existing laws shall be brought into conformity with such injunctions.conformity with such injunctions.

• Islamic Advisory Council were to be Islamic Advisory Council were to be set up.set up.

• Nothing should affect the personal Nothing should affect the personal laws of non-Muslims or their status laws of non-Muslims or their status as citizens.as citizens.

The PresidentThe President

• Chief Executive and Head of State.Chief Executive and Head of State.• Should be a Muslim.Should be a Muslim.• Not less than 40 years of age.Not less than 40 years of age.• To be elected by members of To be elected by members of

National assembly and Provincial National assembly and Provincial assemblies for 5 years.assemblies for 5 years.

• Could be eligible for election.Could be eligible for election.• Could not continue more than two Could not continue more than two

consecutive terms.consecutive terms.

• Could be checked by ¾ members of Could be checked by ¾ members of legislature.legislature.

• Emergency Powers .Emergency Powers .• Financial powersFinancial powers• Could Summon, prorogue and Could Summon, prorogue and

Dissolve the assembly.Dissolve the assembly.• Power to appoint the Prime Power to appoint the Prime

Minister. Provincial Governors and Minister. Provincial Governors and Judges with consent of Chief Judges with consent of Chief Justuice,Auditor General and Justuice,Auditor General and Advocate GeneralAdvocate General..

• Power to release ordinances.Power to release ordinances.• Power to pardon, commute of Power to pardon, commute of

sentences.sentences.• Ministers, Deputies appointed by Ministers, Deputies appointed by

President.President.• Official acts could not be Official acts could not be

challenged.challenged.• Speaker will be acting President in Speaker will be acting President in

case of incapacitation or absence.case of incapacitation or absence.• In absence of Prime Minister, In absence of Prime Minister,

powers transferred to President.powers transferred to President.• Limited power to veto.Limited power to veto.

LegislatureLegislature

• Uni-Cameral Legislature known as Uni-Cameral Legislature known as National AssemblyNational Assembly

• 150 Seats each from East and West 150 Seats each from East and West PakistanPakistan

• 10 women seats, 5 each from both 10 women seats, 5 each from both sides.sides.

• 21 years voter age.21 years voter age.• 25 years Candidate age.25 years Candidate age.• Member could loose his seat in case Member could loose his seat in case

of consecutive 60 days absence.of consecutive 60 days absence.

• At least two sessions of National At least two sessions of National Assembly in a year.Assembly in a year.

• At least one session to take place in At least one session to take place in Dacca.Dacca.

• The assembly to choose Speaker and The assembly to choose Speaker and Deputy Speaker from its own Deputy Speaker from its own members in its first session.members in its first session.

• Life of Assembly is 5 years but Life of Assembly is 5 years but could be dissolved by the President could be dissolved by the President earlier.earlier.

• Election were to take place within 6 Election were to take place within 6 months, no by-elections could be months, no by-elections could be delayed beyond 3 months.delayed beyond 3 months.

Prime Minister and Prime Minister and CabinetCabinet

• Leader of House and Head of Leader of House and Head of Cabinet.Cabinet.

• Must enjoy the confidence of Must enjoy the confidence of Legislature.Legislature.

• Could be removed by the President.Could be removed by the President.• Real executive authority vested in Real executive authority vested in

the Cabinet.the Cabinet.• Collectively responsible to the Collectively responsible to the

National Assembly.National Assembly.

Federal StructureFederal Structure• Comprised of two Provinces, East and Comprised of two Provinces, East and

West Pakistan.West Pakistan.• Principle of Parity to two Provinces.Principle of Parity to two Provinces.• Three ListsThree Lists

1.1. Federal:- thirty subjects included Foreign Federal:- thirty subjects included Foreign affairs,Defence,Currency,Citizenship,foreaffairs,Defence,Currency,Citizenship,foreign and inter-Provincial trade and ign and inter-Provincial trade and Commerce,Insurance,Industries,Postal,TCommerce,Insurance,Industries,Postal,Telecommunications,Mineral Oil and Gas.elecommunications,Mineral Oil and Gas.

2.2. Provincial List:-Ninety four subjectsProvincial List:-Ninety four subjects

– Public order, Administration of Justice Public order, Administration of Justice , Police ,Land , agriculture, local , Police ,Land , agriculture, local governments, education, public health governments, education, public health , sanitation, industries, factories, , sanitation, industries, factories, regulations of mines , forest, regulations of mines , forest, electricity and other subjects of local electricity and other subjects of local interest.interest.

1.1. Concurrent List:-19 items list Concurrent List:-19 items list comprised of certain matters, which comprised of certain matters, which could be given either to center or to could be given either to center or to Provinces.Provinces.

• Residuary powers were given to Residuary powers were given to Provinces.Provinces.

• Federal had priority over Federal had priority over Provinces list.Provinces list.

• Provinces could not tax to federal Provinces could not tax to federal property.property.

• Parliament was supreme decision Parliament was supreme decision power in case of any conflict.power in case of any conflict.

• Chief Justice could also play a Chief Justice could also play a role to settle the matters.role to settle the matters.

JudiciaryJudiciary

• Independence of Judiciary was Independence of Judiciary was guaranteed.guaranteed.

• Supreme Court:-Supreme Court:-Headed by Chief Headed by Chief Justice with 6 judges.Justice with 6 judges.

• To Interpret the Constitution.To Interpret the Constitution.• Had original as well as appellate Had original as well as appellate

jurisdiction.jurisdiction.• Had powers to adjudicate in any Had powers to adjudicate in any

Dispute between Center and Provinces Dispute between Center and Provinces or vice versa.or vice versa.

• High Court:-High Court:-– Each Province had a High Court, Each Province had a High Court, – consisted of Chief Justice and other consisted of Chief Justice and other

Judges.Judges.– Appointed by the President of Appointed by the President of

Pakistan in consultation with the Pakistan in consultation with the Chief Justice.Chief Justice.

• Civil Servants could be appointed Civil Servants could be appointed Judges.Judges.

Fundamental rightsFundamental rights

• Part II laid down the fundamental Part II laid down the fundamental rights guaranteed to the citizens rights guaranteed to the citizens of Pakistan.of Pakistan.

• State shall not make any law State shall not make any law contrary to fundamental rights.contrary to fundamental rights.

• All citizens were equal and no one All citizens were equal and no one could be deprived of life or liberty could be deprived of life or liberty except in accordance to law.except in accordance to law.

• Freedom of speech and expression was Freedom of speech and expression was guaranteed but could be restricted by guaranteed but could be restricted by law in the interest of security of law in the interest of security of Pakistan , decency, Morality, etc.Pakistan , decency, Morality, etc.

• Rights of freedom of assembly and Rights of freedom of assembly and freedom of association were provided.freedom of association were provided.

• Every citizen could move through out Every citizen could move through out the country, and could reside , settle , the country, and could reside , settle , hold and dispose off property in any hold and dispose off property in any part of it.part of it.

• Slavery and forced labor were Slavery and forced labor were prohibited.prohibited.

• Religious liberties were guaranteed.Religious liberties were guaranteed.• No person could be forced to pay No person could be forced to pay

any special tax, the proceeds of any special tax, the proceeds of which were to be spent on the which were to be spent on the propagation or maintenance of any propagation or maintenance of any other religion other than his own.other religion other than his own.

• All these rights were enforceable by All these rights were enforceable by Supreme Court and therefore Court Supreme Court and therefore Court was given powers to issue was given powers to issue directions, orders or writs of all directions, orders or writs of all kinds for the enforcement of any of kinds for the enforcement of any of these rights.these rights.

Abrogation of Abrogation of ConstitutionConstitution

• Constitution was Constitution was abrogated on abrogated on October 7,1958 October 7,1958 when the Martial when the Martial law was law was proclaimed by proclaimed by General Ayub General Ayub KhanKhan..