history of constitution of pakistan

7/29/2019 history of constitution of Pakistan

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Strength GroupStrength Group

NamesRoll No.

Kashif Mahmood

Afnan Javaid

M.Usman


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History andHistor

y andIntroduction ofIntroduction of

Constitution ofConstitution ofIslamic RepublicIslam

ic Republic

of Pakistanof Pakistan19731973


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After gaining power, Zulfikar Ali Bhutto invited

the leaders of the parliamentary parties to meet him on 17

October 1972, which resulted in an agreement known as

the Constitutional Accord', after an intensive discussion. As

per consultations floated by PPP, the National Assembly ofPakistan appointed a committee, of 25 members, on 17

April 1972, to prepare a draft of the permenant Constitution

of Pakistan. Mohammad Ali Kasuri was the elected

chairman of the Committee. On 20 October 1972, the draft

bill for the Constitution of Pakistan was signed by leadersof all parliamentary groups in the National Assembly. A bill

to provide a constitution for the Islamic Republic of

Pakistan was introduced in the Assembly on 2 February

1973.

History of presenting ConstitutionHistory of presenting Constitution


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The Assembly passed the bill unanimously on 19 April

1973 and endorsed by the acting President Zulfikar AliBhutto on 12 April 1973. The Constitution came into effectfrom 14 August 1973. On the same day, Bhutto took overas the Prime Minister and Choudhary Fazal-e-Elahi as thePresident of Pakistan.

History of Applying the Constitution ofHistory of Applying the Constitution of

19731973


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This constitution represented aThis constitution represented a

compromise consensus on three issues:compromise consensus on three issues:

The role of Islam.

The sharing of power between the federal government andthe provinces.

The division of responsibilities between the president andthe Prime Minister, with a greatly strengthened position forthe latter.


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The Tashkent Declaration of January 10, 1966 was apeace agreement between India and Pakistan. Inseptember of1965 before the two had engaged in the shortrun Indo-Pakistani War of 1965. Peace had been achievedon September 23 by the intervention of the great powers

who pushed the two nations to a cease fire for fears theconflict could escalate and draw in other powers.

A meeting was held in Tashkent in the USSR (now inUzbekistan) beginning on January 4, 1966 to try to create amore permanent settlement. The Soviets, represented by

PremierKosygin moderated between Indian Prime MinisterLal Bahadur Shastri and Pakistani PresidentMuhammad Ayub Khan.

History of Tashkent DeclarationHistory of Tashkent Declaration
http://en.wikipedia.org/wiki/January_10http://en.wikipedia.org/wiki/1966http://en.wikipedia.org/wiki/Indiahttp://en.wikipedia.org/wiki/Pakistanhttp://en.wikipedia.org/wiki/1965http://en.wikipedia.org/wiki/Indo-Pakistani_War_of_1965http://en.wikipedia.org/wiki/September_23http://en.wikipedia.org/wiki/Tashkenthttp://en.wikipedia.org/wiki/Soviet_Unionhttp://en.wikipedia.org/wiki/Uzbekistanhttp://en.wikipedia.org/wiki/January_4http://en.wikipedia.org/wiki/1966http://en.wikipedia.org/wiki/Kosyginhttp://en.wikipedia.org/wiki/Prime_Minister_of_Indiahttp://en.wikipedia.org/wiki/Lal_Bahadur_Shastrihttp://en.wikipedia.org/wiki/President_of_Pakistanhttp://en.wikipedia.org/wiki/Muhammad_Ayub_Khanhttp://en.wikipedia.org/wiki/Muhammad_Ayub_Khanhttp://en.wikipedia.org/wiki/President_of_Pakistanhttp://en.wikipedia.org/wiki/Lal_Bahadur_Shastrihttp://en.wikipedia.org/wiki/Prime_Minister_of_Indiahttp://en.wikipedia.org/wiki/Kosyginhttp://en.wikipedia.org/wiki/1966http://en.wikipedia.org/wiki/January_4http://en.wikipedia.org/wiki/Uzbekistanhttp://en.wikipedia.org/wiki/Soviet_Unionhttp://en.wikipedia.org/wiki/Tashkenthttp://en.wikipedia.org/wiki/September_23http://en.wikipedia.org/wiki/Indo-Pakistani_War_of_1965http://en.wikipedia.org/wiki/1965http://en.wikipedia.org/wiki/Pakistanhttp://en.wikipedia.org/wiki/Indiahttp://en.wikipedia.org/wiki/1966http://en.wikipedia.org/wiki/January_10


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The conference was viewed as a great success andthe declaration that was released was hoped to be aframework for lasting peace. The declaration stated that

Indian and Pakistani forces would pull back to their pre-conflict positions

The nations would not interfere in each other's internalaffairs

Economic and diplomatic relations would be restored

The two leaders would work towards building goodrelations between the two countries.

Quickly after the signing of the agreement things began todeteriorate. The day after the declaration Indian PrimeMinister Shastri died of a sudden heart attack. In Pakistan

many civilians felt that they had won the war - thoughPakistan had suffered more casualties and territorial losses- and were disappointed at the return to thestatus quo ante bellum. The agreement was criticized inIndia because it did not contain a no-war pact or anyrenunciation of guerrilla warfare in Kashmir. The two

countries would again be at war in only a few years time.
http://en.wikipedia.org/wiki/Myocardial_infarctionhttp://en.wikipedia.org/wiki/Status_quo_ante_bellumhttp://en.wikipedia.org/wiki/Guerrilla_warfarehttp://en.wikipedia.org/wiki/Guerrilla_warfarehttp://en.wikipedia.org/wiki/Status_quo_ante_bellumhttp://en.wikipedia.org/wiki/Myocardial_infarction


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Introduction

Total Parts 12

Chapters 28

Article 280


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1. The Republic and its territories

(1) Pakistan shall be a Federal Republic to be known as theIslamic Republic of Pakistan hereinafter referred to asPakistan.

1[(2) The territories of Pakistan shall comprise-](a) The Provinces of Baluchistan, the North-West Frontier,

the Punjab and Sindh;(b) The Islamabad Capital Territory hereinafter referred toas the Federal Capital;(c) The Federally Administered Tribal Areas; and(d) Such States and territories as are or may be included inPakistan, whether by accession or otherwise.1[(3)2[Majlis-e-Shoora (Parliament)] may by law admit intothe Federation new states or areas on such terms and

conditions as it thinks fit.]

Article: 1 The Republic and its territoriesArticle: 1 The Republic and its territories


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Article: 2 Islam to be State religion .Article: 2 Islam to be State religion .

2. Islam to be State religion.- Islam shall be the State religionof Pakistan.

Article: 2A The Objectives Resolution to form part of

substantive provisions .

1[2A. The objectives Resolution to form part of substantive

provisions.-

The principles and provisions set out in the Objectives Resolution

reproduced in the Annex are hereby made substantive part of the

Constitution and shall have effect accordingly.]


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Article: 3 Elimination of exploitation.Article: 3 Elimination of exploitation.

3. Elimination of exploitation.-

The State shall ensure the elimination of all forms of exploitationand the gradual fulfillment of the fundamental principle, fromeach according to his ability, to each according to his work.


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Article: 4 Right of individuals to be dealtArticle: 4 Right of individuals to be dealt

with in accordance with law, etc .with in accordance with law, etc .

4. Right of individuals to be dealt with in accordance withlaw,etc.-

(1) To enjoy the protection of law and to be treated in accordancewith law is the inalienable right of every citizen, wherever hemay be and of every other person for the time being withinPakistan.

(2) In particular- (a) No action detrimental to the life, liberty, body, reputation

or property of any person shall be taken except in accordancewith law;

(b) No person shall be prevented from or be hindered in doingthat which is not prohibited by law; and

(c) No person shall be compelled to do that which the lawdoes not require him to do.


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Article: 5 Loyalty to State and obedienceArticle: 5 Loyalty to State and obedience

to Constitution and lawto Constitution and law

5. Loyalty to State and obedience to Constitution and law.-

(1) Loyalty to the State is the basic duty of every citizen.

(2) Obedience to the Constitution and law is the 1[inviolable]obligation of every citizen wherever he may be and of everyother person for the time being within Pakistan.


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Article: 6 High treasonArticle: 6 High treason

6. High treason.-

(1) Any person who abrogates or attempts or conspires toabrogate, subverts or attempts or conspires to subvert theConstitution by use of force or show of force or by otherunconstitutional means shall be guilty of high treason.

(2) Any person aiding or abetting the acts mentioned in clause (1)shall likewise be guilty of high treason.

(3) 1[Majlis-e-Shoora (Parliament)] shall by law provide for the

punishment of persons found guilty of high treason.


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Article: 7 Definition of the State.Article: 7 Definition of the State.

7. Definition of the State.-

In this Part, unless the context otherwise requires, "the State"means the Federal Government, 1[Majlis-e-Shoora (Parliament)],a Provincial Government, a Provincial Assembly, and such localor other authorities in Pakistan as are by law empowered toimpose any tax or cess.


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Article: 8 Laws inconsistent with or inArticle: 8 Laws inconsistent with or in

derogation of Fundamental Rights to bederogation of Fundamental Rights to be

void.void. 8. Laws inconsistent with or in derogation of Fundamental Rights

to be void.- Any law, or any custom or usage having the force of law, in so far as it

is inconsistent with the rights conferred by this Chapter, shall, to the

extent of such inconsistency, be void. The State shall not make any law which takes away or abridges the

rights so conferred and any law made in contravention of this clauseshall, to the extent of such contravention, be void.

The provisions of this Article shall not apply to--

(a) Any law relating to members of the Armed Forces, or of thePolice or of such other forces as are charged with the maintenanceof public order, for the purpose of ensuring the proper discharge oftheir duties or the maintenance of discipline among them


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ConclusionThe constitution of Pakistan, 1973 shows, andshows very clearly, that the wishes of our forefatherswho had given great sacrifices for the creation of a

separate homeland for the Muslims of this region havefound full expression in the constitution of thishomeland. As seen above, the constitution envisions amodern, democratic and welfare Islamic state but,unfortunately, practically we have not been able to travel

much in either of those directions so far. Now the needof the houris to give full effect to that expression so thatthe true objective behind the creation of this state isaccomplished and justified.


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