Research Assignment: Fact sheet for constitutional development of Pakistan

Fact sheet for constitutional development of Pakistan

The Objectives Resolution proclaimed the following principles:

·         Sovereignty belongs to Allah alone but He has delegated it to the State of Pakistan through its people for being exercised within the limits prescribed by Him as a sacred trust.

·         The State shall exercise its powers and authority through the chosen representatives of the people.

·         The principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed.

·         Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings of Islam as set out in the Quran and Sunnah.

·         Adequate provision shall be made for the minorities to freely profess and practice their religions and develop their cultures.

·         Pakistan shall be a federation.

·         Fundamental rights shall be guaranteed.

·         The judiciary shall be independent.

Constitution of 1956

·         Name of country: islamic republic of Pakistan.

·         Importance of president: He was to be a Muslim of at least forty years ago. The tenure of his office was 5 years. In case of internal or external danger he could declare state of emergency in the country. He was authorized to appoint the Governors, the Judges of the Supreme Court, Auditor General and the Advocate General.

·         Written document: It consisted of 234 articles divided into thirteen parts and six schedules.

·         Federal System: The powers were divided among the center and the provinces. The subjects were divided into three lists; the Federal List, the Provincial list, and the concurrent list.

·         Legislature: Unicameral : The Legislature was to consist of only one house. Both the wings of the country were given representation in the National Assembly. The National Assembly consisted of 300 members. 150 members were drawn from each wing. Thus the principle of parity was adopted.

·         Judiciary: The constitution provided for an independent judiciary in the country. A Supreme Court was constituted. It was headed by a Chief Justice. The Supreme Court, interpreted the constitution, advised the state whenever required and decided the issues arising among the governments.

·         Method of election: not mentioned

·         Islamic system: No law would be passed against the teachings of Quran and Sunnah and the existing laws would be made Islamic in character.

·         Form of government: Parliamentary system was adopted. According to it President was the Head of the State and the Prime Minister headed the government.

·         Financial powers : nothing mentioned.

·         National language: Urdu and Bengali were made national languages.

Constitution of 1962

·         Name of Country: republic of Pakistan.

·         Importance of President:  The President should be a Muslim with the term of 5 years. He was eligible to promulgate Ordinances and veto against legislated laws only override-able by two/thirds of the National Assembly. However, the President was not empowered to dissolve the Assembly except the cost of his office also.

·         Written document: It consisted of five schedules and 250 articles.

·         Federal system: It consisted of a central government and two provincial government comprising East and West Pakistan.

·         Legislature: Unicameral system dissolved.

·         Judiciary: The Judiciary was responsible for the interpretation of laws and executive orders in the light of the principles embodied in a written constitution.

·         Method of election: Indirect : The President was elected by an Electoral College comprising 80,000 Basic Democrats, equally distributed between the two provinces.

·         Islamic system: No Law would be passed against the teaching of Quran and Sunnah and the existing laws would be made Islamic in character.

·         Form of government: Presidential forum of Government President was the head Executive of the nation. He was empowered to nominate the ministers of his cabinet.

·         Financial powers: So for as financial powers were concerned these powers were limited. The NA could vote on new expenditure it means those items in the budget which are included for the first time that is why they are new expenditures. It has the power to accept or reject the new expenditure.

·         National language: Urdu and Bengali were recognized as National Languages.

Constitution of 1973

·         Name of Country: Islamic Republic of Pakistan.

·         Importance of President: elected president would have to work in accordance with the parliament and powers were reduced and tried to be equalised.

·         Written document: It is very comprehensive and consists of twelve parts consisting of 280 articles.

·         Federal system: The federation of Pakistan consists of a Central Government and four Provincial Governments. The Federal Government is headed by a President elected by members of Majlis-e-Shoora (Parliament)

·         Legislature : Bicameral: The Majlis-e-Shoora (Parliament) consists of two Houses named Senate and National Assembly. The Senate or the Upper House consists of 100 members .The National Assembly consists of 342 members.

·         Form of government: Parliamentary form of Government Prime minister is the head of the Parliamentary system. He is elected on direct adult franchise basis. The Prime Minister selects a cabinet of central ministers from the members of Parliament which conducts the affairs of the country. According to 1973 Constitution the Prime Minister enjoys wide powers.

·         Judiciary: The Constitution of 1973 stresses upon the establishment of an independent judiciary. Full job security has been provided. The judges are appointed by the President. They cannot be removed from service before the end of their term except on the recommendation of the Supreme Judicial Council.

·         Method of election: Direct : The Constitution of 1973 gives a direct method of election. The members of the National Assembly, the Provincial Assemblies are directly elected by the people.

·         Islamic system: The inclusion of Islamic Provisions has given the 1973 Constitution an unprecedented Islamic character. It ensures an Islamic system in the country.

·         National language: The 1973 Constitution has declared Urdu as the national language of Pakistan. However English has been retained as the official language for 15 years. Similarly regional languages have been provided full protection.