constitutional dev in pak

8/8/2019 Constitutional Dev in Pak

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ConstitutionalDevelopment in Pakistan


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OBJE CTIVES RESOLU TIONS alient Features

S overeignty belongs to AllahIslamic DemocracyFreedom, Eq uality, Tolerance andS ocial J usticeTo guarantee minorityEnsure fundamental rights to allcitizens.

Pakistan shell be federationIndependence of judiciary


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Causes of Delay in Constitution

Making in Pakistan

Feelings of Distrust between theEastern and Western WingDivision of Power Controversy over Ideological Basisof the CountryControversial Reports of ConstituentAssembly


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E lected PresidentIndependent J udiciaryS ingle CitizenshipFundamental Rights

Directive Principles of PolicyNational Economic Council andFinance Commission

Islamic ProvisionsNational Language


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Causes of Failure of 1956

ConstitutionUndue Interference by President inPoliticsParity between East and West Pakistan

Demand for maximum Autonomy for provincesAbsence of Majority partyLack of organisation and disciplineLack of Experience of ParliamentaryS ystemLack of E lections


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The Constitution of 1962

S alient FeaturesWritten

Federal RepublicRigid ConstitutionUnicameral LegislaturePrinciple of PolicyPresidential S ystemIndependence of J udiciary


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Close Harmony between Exectineand legislatureIndirect E lectionsProvision of PunishmentS uperiority of Centre over ProvincesFundamental RightsIslamic ProvisionsNational Language


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S alient FeaturesA dictated constitutionsUndemocraticIndirect E lectionsDefect Basic Democracyun Islamic Measures

No principle of check and balanceS uspension of Fundamental RightsMiss use of power

Causes of Failure 1962

Constitutions


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The constitution of 1973

S alient FeaturesPopular Democratic Constitution

Written ConstitutionPreambleRigid ConstitutionFederal S tateParliamentary form of GovernmentB icameral Legislature


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Islamic Provision of 1962

ConstitutionThe name of the country will be IslamicRepublic of Pakistan.An Islamic Advisory Council consisting of twelve persons shall be set up.S overeignty of Allah Almighty was reaffirmed.The Islamic Advisory Council shall be setup three years.The Islamic Advisory Council shall give

suggestion to mould the laws in accordance withthe Islamic principles.The president of Pakistan shall be a Muslim byfaith and belief.


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ConstitutionIslam will be the state religion.President and Prime Minister must beMuslim by faith and belief and theyshould also be profession faith in thefinality of Prophethood.Clear and concise definition of Muslim

was laid down on the constitution.All laws of the state shall be brought inconformity with the injunctions of Islam.


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ConstitutionThe govt will take all possible steps toimpart education of Islamiat and the HolyQuran.The President and Prime Minister willtake oath and openly express their faith inthe Holly Quran and the finality of Prophethood.Islamic Advisory Council will be st up tobring the existing laws of the country inconformity with the Islamic provision.S teps will be taken to introduce interestfree banking system in the country in the

light of Islam.


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S teps taken towards Islamisation

Establishment of the FederalS ahariat Court.Enhancement of Hadood Laws.Zakat and Usher ordinances.Interest free banking.Establishment of S hariat faculty.

Establishment of Law Commission.Wafa q i Mohtasib.S alat Committee.Ahtraam-e-Ramazan.


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S teps taken towards Islamisation

Wearing of national dress.Qasas and Dieat.O rdinance for respect of HolyProphet (Peace Be Upon Him), AhleBait and S ahabas (Companions).Compulsory Education of IslamicS tudies.S anads of Darse Nizami made e q ualto MA degree in Islamic S tudies and

Arabic.


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Hindrances in way of

IslamisationAttitude of decision makers.Role of political parties.

Unfair distribution of wealth.Contrast in theory and practice.Defective education system.Role of media.Distortion of culture.Corruption and nepotism.Attitude of religious elite.

constitutional dev in pak

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