Constitutional development

The Objectives Resolution (12 March 1949) was the first step; the Basic Principles Committee was set up only after it, and its reports (1950, 1952) and the Bogra Formula (1953) came later.

According to the 1941 census about 77 percent of the people of Jammu and Kashmir were Muslims. This fact is from Unit 1 (Kashmir issue), not from this unit.

The 1956 Constitution declared Urdu and Bengali the national languages, as demanded by East Pakistan. The 1962 Constitution kept both.

President Iskandar Mirza abrogated it on 7 October 1958 and imposed martial law. Malik Ghulam Muhammad dissolved the Constituent Assembly in 1954, before the constitution existed.

Ayub Khan's 1962 Constitution made the President both head of state and head of the executive, a presidential system. The 1956 and 1973 Constitutions are parliamentary.

The book links Article 6 (high treason) with the 18th Amendment 2010, which strengthened it by adding "holds in abeyance" and by barring courts from validating such acts.

Article 6 itself was part of the original 1973 Constitution. Option D prints the wrong year: the 25th Amendment is of 2018.

Under Article 58 the Prime Minister can advise dissolution of the National Assembly. The Senate is a permanent house (Article 59) and cannot be dissolved.

The CCI has the Prime Minister (chairman), three federal ministers and the four provincial chief ministers: 1 + 3 + 4 = 8.

Article 219 lists the duties of the Election Commission (voter lists, Senate elections, election tribunals, general elections). The CCI is under Article 153 and the NFC under Article 160.

The 2nd Amendment (1974) defined the finality of the Prophethood of Hazrat Muhammad (PBUH). The 8th is of 1985, the 13th of 1997 and the 18th of 2010.

The Objectives Resolution was moved by Prime Minister Liaqat Ali Khan and passed by the Constituent Assembly on 12 March 1949. Three of its features are:

1. Sovereignty of Allah: sovereignty over the entire universe belongs to Allah, and the people of Pakistan will use governmental powers as a sacred trust within the limits prescribed by Him.
2. Islamic principles and democracy: the principles of democracy, freedom, equality and social justice as enunciated by Islam will be fully observed, and power will be used through the elected representatives of the people.
3. Rights of minorities: minorities will freely profess and practise their religions and develop their cultures, and their lawful interests will be protected.

Other features: fundamental rights, federation with provincial autonomy, independence of the judiciary and integrity of the territory.

The Economic Coordination Committee (ECC) is a federal institution. The Prime Minister is its chairman; he nominates its members and can nominate any federal minister as its chairman.

Functions: it examines all urgent economic matters and coordinates economic policies; recommends plans to achieve the status of a welfare state; keeps an eye on the monetary situation of the country; makes proposals to maximize production and exports and to prevent inflation; reviews the import policy from time to time; and reviews social and economic surveys. In short, it is the top body for quick economic decisions of the federal government.

The Council of Common Interests (CCI) was established under Article 153 of the 1973 Constitution. It formulates and regulates policies on the subjects in Part II of the Federal Legislative List (FLL-II).

Composition: the Prime Minister (chairman), three federal ministers and the four provincial chief ministers. The 18th Amendment deleted the Concurrent List, increased FLL-II subjects and changed the CCI's composition and functions. It must meet at least once in 90 days and submits an annual report to both Houses of Parliament.

Its proper use strengthens the federation and increases the trust of the provinces in the federal government.

The Election Commission of Pakistan is a constitutional institution made up of a Chief Election Commissioner and four members, appointed for five years. Its duties under Article 219 are:

1. It prepares voter lists for elections to the National Assembly and the Provincial Assemblies.
2. It organizes and conducts elections to the Senate.
3. It appoints Election Tribunals to decide election disputes.
4. It holds general elections to the National Assembly, the Provincial Assemblies and the local governments.

By doing this it ensures that elections are free, fair and transparent, which is the basis of democracy.

The National Finance Commission (Article 160) divides revenue between the federation and the provinces. The 7th NFC Award was signed on 30 December 2009 and implemented on 1 July 2010. The provinces' shares are:

For the first time the award used more than population: population 82%, poverty or backwardness 10.3%, revenue collection or generation 5% and inverse population density 2.7%.

The 13th Amendment (1997) reversed the 8th Amendment (1985). It limited the powers of the President and once again made the office of the Prime Minister powerful.

Under it the President lost the power to dissolve the National Assembly (Article 58 (2-B)) and the power to appoint the chiefs of the armed forces at his discretion. Governments could no longer be dismissed by the President, as had happened repeatedly from 1988 to 1996. In this way it strengthened parliamentary democracy and restored the balance of power in favour of the elected Prime Minister and Parliament.

The former Federally Administered Tribal Areas (FATA) were a tribal region in north-western Pakistan, made of seven tribal agencies and six frontier regions and governed by special laws called the Frontier Crimes Regulation (FCR).

Parliament passed the 25th Amendment to merge FATA with Khyber Pakhtunkhwa, and the KP Assembly also approved the merger. It was implemented on May 31, 2018. After the merger the KP Assembly grew from 124 to 145 members: 16 general seats, 4 reserved seats for women and 1 reserved seat for non-Muslims were added. The people of the area now have the same laws, courts and rights as other citizens.

Introduction

After almost nine years of effort, Pakistan's first constitution was promulgated on 23 March 1956. It was made by the Constituent Assembly and gave Pakistan an Islamic, federal and parliamentary system.

Salient features

1. Written and flexible: a written document of 234 Articles; it could be amended by a 2/3 majority of the National Assembly.
2. Federal structure: powers and functions were divided between the federal government and the provinces (East and West Pakistan).
3. Parliamentary system: the Prime Minister was head of the executive and was elected by the National Assembly, to which he was answerable.
4. Unicameral legislature: a single house, the National Assembly, elected for five years, with equal representation (parity) of East and West Pakistan.
5. President: head of the state with nominal powers; he had to be a Muslim.
6. Governors: appointed by the President as representatives of the federation; they had no fixed tenure and served at the pleasure of the President.
7. National languages: Urdu and Bengali.
8. Judiciary: the Supreme Court was the highest court of the country and a High Court the highest court of each province.
9. Fundamental rights: equality before law; no discrimination on the basis of race, religion, caste or place of birth; no one to be deprived of life, liberty or lawful property; freedom of expression and association.

Islamic provisions

• The name of the country was Islamic Republic of Pakistan.
• The Objectives Resolution was made the Preamble.
• The President had to be a Muslim.
• Laws had to be made according to the teachings of Islam.
• An Islamic Advisory Council was established.

Conclusion

The 1956 Constitution was a democratic document, but it could not work for long. On 7 October 1958 President Iskandar Mirza abrogated it and imposed martial law, appointing Ayub Khan as Chief Martial Law Administrator.

Introduction

After abrogating the 1956 Constitution (1958), the military regime of Ayub Khan prepared a new constitution and implemented it in 1962. It was not made by an elected assembly and it introduced a presidential system.

Main features

1. Written: a written constitution of 250 Articles.
2. Federal system with a strong centre: two provinces, East and West Pakistan; only one list of powers, and the central government enjoyed extensive powers.
3. Presidential system: the President was both head of the state and head of the executive. He was elected for 5 years by the members of Basic Democracies and could be removed by the National Assembly only through impeachment.
4. Unicameral legislature: one house, the National Assembly, elected for five years, with equal representation of both wings. Each province had its own Provincial Assembly.
5. Indirect elections: the President and the members of the National and Provincial Assemblies were elected by the Basic Democrats, not directly by the people.
6. National languages: Urdu and Bengali.
7. Judiciary: Supreme Court at the centre and a High Court in each province.
8. Fundamental rights: a list of fundamental rights was included.
9. Rigid constitution: amendment needed a 3/4 majority of the National Assembly with the concurrence of the President.

Islamic provisions

• The official name was Islamic Republic of Pakistan.
• The Objectives Resolution was the Preamble.
• The President had to be a Muslim.
• Laws had to be made according to the teachings of Islam.
• An Islamic Advisory Council advised the President, Governors and assemblies on the Islamic nature of laws; its opinion was not binding.

Analysis

The constitution concentrated power in the President. Removing him was difficult, provincial autonomy was not ensured and the centre often interfered in provincial matters. Ayub Khan strengthened his own office instead of the system. On 25 March 1969 General Yahya Khan imposed martial law and abrogated it.

Introduction

The 1973 Constitution is a consensus-based constitution prepared and passed by the elected National Assembly and enforced on 14 August 1973. It is more comprehensive and democratic than the earlier constitutions. After the 18th Amendment (2010) its features are:

Salient features

1. Written: 280 Articles, 12 Parts and 5 Schedules.
2. Federal system (Article 1): four provinces (Balochistan, Khyber Pakhtunkhwa, Punjab, Sindh) and the federal capital Islamabad.
3. High treason (Article 6): anyone who abrogates, suspends or conspires against the constitution is guilty of high treason; strengthened by the 18th Amendment.
4. Bicameral Parliament: the National Assembly (336 seats, 5-year term, seats by population) and the Senate (96 seats, equal for provinces, 6-year term, permanent house).
5. Parliamentary government: the Prime Minister is head of the executive with real powers; he is elected by, and can be removed by, the National Assembly.
6. President: head of state with nominal powers, elected for 5 years by Parliament and the four provincial assemblies.
7. Independent judiciary: a Supreme Court and five High Courts (four provinces and Islamabad); the Supreme Court interprets the constitution and its decisions are final.
8. Provincial government: elected Provincial Assembly (5 years), Chief Minister as chief executive, Governor appointed by the President on the Prime Minister's advice.
9. Provincial autonomy: the Concurrent Legislative List was deleted and federal ministries were devolved to the provinces by the 18th Amendment.
10. Fundamental rights: Articles 8 to 28 guarantee equality, life and liberty, fair trial, freedom of speech, religion and movement, and free education for ages 5 to 16.
11. Amendment: a two-thirds majority of both Houses is needed.

Islamic provisions

• Islam is the state religion.
• The President and Prime Minister must be practising Muslims.
• All laws are to be made according to the Quran and Sunnah.
• A Council of Islamic Ideology recommends how to bring laws into conformity with Islam.
• A Muslim is defined as one who believes in the oneness of Allah and the finality of the Prophethood of Hazrat Muhammad (PBUH).
• The Objectives Resolution is a substantive part of the constitution (Article 2-A).

Conclusion

The 1973 Constitution provides a genuine parliamentary system, more Islamic provisions and more provincial autonomy than before. Its supremacy will strengthen the federation of Pakistan.

Introduction

Women and minorities are respectable citizens of Pakistan. Articles 8 to 28 of the 1973 Constitution give them equal rights: equality before law, no discrimination on the basis of sex, religion, caste, race or place of birth, special provisions for women and children, freedom to profess, practise and propagate religion, equal access to education, public places and services, and the right to preserve their language and culture.

Impact on the culture of peace

1. Empowerment of women: rights to education, employment and equal opportunities empower women and increase their share in decision-making. An empowered half of society makes peaceful choices in families and communities.
2. Protection from discrimination: guaranteed rights protect minorities from discrimination based on religion, ethnicity or belief. This gives them a sense of security and belonging and promotes peaceful coexistence.
3. Tolerance and understanding: recognizing the dignity of every citizen, whatever the gender or minority status, builds bridges between different groups.
4. Legal framework for peaceful resolution: fundamental rights give access to justice and due process. Women and minorities can take disputes to courts instead of using violence.
5. Social cohesion: when women and minorities are empowered and protected, trust, empathy and cooperation grow among communities.
6. Prevention of extremism and radicalization: people who enjoy their rights have fewer grievances, so extremist ideas find less support.
7. Diversity and pluralism: respect for different cultures, languages and traditions makes diversity a strength and promotes coexistence.

Conclusion

When the rights of women and minorities are protected in practice, society becomes more just, united and peaceful. This is also the vision of the Objectives Resolution, which promised protection to minorities and backward classes.

Introduction

Democracy is a system in which the people rule through their elected representatives. Under the 1973 Constitution, Pakistan's democratic process works through the following elements.

Elements of the democratic process

1. Elections: held at regular intervals for the National Assembly, the Provincial Assemblies and local government. The Election Commission of Pakistan oversees the process and ensures free, fair and transparent elections.
2. Voters: every citizen aged 18 years and above has the right to vote, regardless of gender, ethnicity, religion or social status.
3. Political parties: Pakistan has a multi-party system. Parties with different ideologies and interests contest elections at different levels with their manifestos and agendas.
4. Parliamentary system: the Prime Minister is the executive head and is elected by the National Assembly, to which the cabinet is answerable.
5. Independent judiciary: the judiciary works independently; the executive cannot remove judges. It maintains the rule of law.
6. Rule of law: all individuals and institutions, including the government, are accountable under law.
7. Protection of fundamental rights: the constitution guarantees equality, freedom of speech and expression and the right to take part in politics.
8. Media freedom: a free and independent media acts as a watchdog, holds the government accountable and gives citizens information.

Challenges and how to strengthen democracy

Democracy in Pakistan was interrupted by martial law in 1958, 1969 and 1977, and the 8th Amendment (1985) turned it into a controlled democracy. Since the 18th Amendment (2010) and Article 6, which makes abrogating the constitution high treason, the parliamentary system has been restored. Democracy can be further strengthened by strong political parties with internal democracy, an informed electorate, accountable institutions and respect for the constitution by all.

Conclusion

Democracy in Pakistan becomes stronger when elections are held on time, institutions work within the constitution, citizens vote on merit and the media and judiciary remain free.

1. Initial problems: refugees, division of assets, administration and Kashmir kept the leaders busy.
2. No consensus on drafts: the first report of the Basic Principles Committee (1950) was opposed by East Pakistan, mainly for recommending Urdu as the only national language; the second report (1952) was criticized in both wings over representation.
3. Death and removal of leaders: Liaqat Ali Khan was assassinated (16 October 1951) and Khawaja Nazimuddin was removed (April 1953).
4. Dissolution of the Constituent Assembly: Malik Ghulam Muhammad dissolved it on 24 October 1954, just before the Bogra Formula constitution was to be promulgated.

As a result Pakistan's first constitution came only on 23 March 1956.

Prime Minister Muhammad Ali Bogra presented the third draft constitution on 7 October 1953. It tried to balance East and West Pakistan:

• two houses of the central legislature with equal powers;
• the upper house, House of Units, of 50 members divided equally among the five provinces;
• the lower house, House of the People, of 300 members by population: 165 for East Bengal and 135 for West Pakistan;
• Urdu and Bengali as official languages.

The constitution was to be promulgated in December 1954, but Governor General Malik Ghulam Muhammad dissolved the Constituent Assembly on 24 October 1954.

After Liaqat Ali Khan's death, Prime Minister Khawaja Nazimuddin presented the second draft on 22 December 1952. Its main recommendations were: the central legislature would have two houses with equal powers; both houses would have a five-year term; the head of the state would be a Muslim, elected by both houses for five years.

West Pakistan's leaders criticized the draft, and East Pakistan's leadership opposed equal representation of both wings in the central legislature. Criticism continued, and Nazimuddin was removed from office on 16 April 1953, so this draft also failed.

1. It increased the powers of the Prime Minister and elected representatives, restoring the parliamentary system.
2. The federal cabinet cannot exceed 11 percent of the total membership of Parliament.
3. Judges of the Supreme Court and High Courts are appointed through the Judicial Commission and a Parliamentary Committee.
4. Seventeen federal ministries were transferred to the provinces and the Concurrent Legislative List was deleted, increasing provincial autonomy.
5. The provinces' share in an NFC Award cannot be less than in the previous award.
6. Each province must set up local government and devolve powers to elected local representatives.

Article 63-A is the anti-defection (floor crossing) clause of the 1973 Constitution. It was introduced by the 14th Amendment (1997) to curb political defections and increase political stability.

A member of a parliamentary party is treated as a defector if he breaches party discipline, votes contrary to party directions, or abstains from voting against party policy. The head of the party can start disqualification proceedings against him. It stops members from switching sides for personal gain, which had made governments unstable.

The 2nd Amendment was passed in 1974, during the government of Zulfikar Ali Bhutto. It defined who is not a Muslim for the purposes of the Constitution and law.

According to it, a person who does not believe in the absolute and unqualified finality of the Prophethood of Hazrat Muhammad (PBUH), the last of the Prophets, or who claims to be a Prophet in any sense after him, or who recognizes such a claimant as a Prophet or religious reformer, is not a Muslim. It is one of the most important Islamic provisions of the 1973 Constitution.

The Senate is the upper house of Parliament. Its total membership is 96. Each of the four provinces has 23 seats (14 general, 4 women, 4 technocrats or ulema, 1 non-Muslim) and Islamabad has 4 (2 general, 1 woman, 1 technocrat).

Senators are elected for six years, and half retire every three years. Under Article 59 it is a permanent house and cannot be dissolved. The Chairman and Deputy Chairman are elected for three years. Equal seats for provinces give small provinces an equal voice, and it has equal power with the National Assembly in constitutional amendments.

The National Assembly is the lower house, with 336 seats: 266 general seats, 60 for women and 10 for non-Muslims, allocated to provinces by population (Article 51). Punjab has 173, Sindh 75, Khyber Pakhtunkhwa 55, Balochistan 20 and Islamabad 3 seats.

Its term is five years, and the Prime Minister can dissolve it under Article 58. It is more powerful than the Senate: only it can pass or reject money bills, and it elects the Prime Minister and can remove him by a vote of no confidence (51 percent of total membership). The Speaker chairs its sessions.

After the 18th Amendment, judges are appointed under Article 175-A through a two-step process. The Judicial Commission of Pakistan nominates one person for each vacancy and sends the name to the Parliamentary Committee of 8 members (4 from the Senate and 4 from the National Assembly).

The committee sends the confirmed name to the Prime Minister, who forwards it to the President for appointment. A Supreme Court judge retires at 65 (a High Court judge at 62). This procedure reduces executive control and protects the independence of the judiciary.

Collective responsibility means that the whole cabinet is answerable to Parliament for the policies and decisions of the government, not just the minister concerned.

Under the 1973 Constitution, members of Parliament can ask questions and ministers must answer them. The Prime Minister and ministers are members of Parliament, take part in sessions and vote. If the National Assembly removes the Prime Minister through a vote of no confidence, the entire cabinet is dissolved. This keeps the executive under the control of the elected legislature.

Introduction

Pakistan has had three constitutions. The 1956 and 1962 Constitutions were abrogated by military rulers; the 1973 Constitution is still in force.

Comparison

Similarities

• All three are written and federal, contain fundamental rights and have an independent judiciary with a Supreme Court and High Courts.
• All three are Islamic: the Objectives Resolution is included, the head of state must be a Muslim, laws must follow Islam and an Islamic advisory body exists.

Main differences explained

The biggest difference is the form of government: 1956 and 1973 are parliamentary (the Prime Minister holds real power), while 1962 concentrated power in the President. The 1962 Constitution also used indirect elections through about 80,000 Basic Democrats, while the other two gave direct elections. Only the 1973 Constitution has a Senate, which gives each province equal representation, and only it makes the Objectives Resolution enforceable.

Conclusion

The 1973 Constitution is the most democratic: it was made by elected representatives, has a bicameral Parliament giving provinces equal voice in the Senate, protects itself through Article 6 and gives more provincial autonomy after the 18th Amendment.

Introduction

The federal government has three organs: the executive, the legislature (Parliament) and the judiciary.

1. The executive

• Prime Minister: head of the executive, elected by the National Assembly; executive authority is exercised in the President's name (Article 90). He nominates the cabinet (at most 11% of Parliament, one-fourth from the Senate) and can appoint five advisors.
• President: head of state with nominal powers, elected for 5 years by Parliament and the four provincial assemblies; removable by a two-thirds majority of Parliament.
• Accountability: the cabinet is collectively responsible to Parliament; the National Assembly can remove the Prime Minister by a vote of no confidence.

2. The Parliament

• National Assembly: 336 members (266 general, 60 women, 10 non-Muslims), 5-year term, passes money bills, elects the Prime Minister; can be dissolved under Article 58.
• Senate: 96 members, equal representation of provinces, 6-year term with half retiring every 3 years; permanent (Article 59); equal power in constitutional amendments.

3. The judiciary

The Supreme Court (Chief Justice and other judges) is the highest court. Judges are appointed through the Judicial Commission and an 8-member Parliamentary Committee, then by the President on the Prime Minister's advice; they retire at 65. The Supreme Court settles disputes between governments, hears appeals, interprets the constitution and gives advisory opinions.

Conclusion

This structure makes the elected Prime Minister and Parliament the real centre of power, with an independent judiciary as a check.

Introduction

A constitutional amendment needs a two-thirds majority of both Houses of Parliament. The main amendments are:

2nd Amendment (1974)

Declared that a person who does not believe in the absolute finality of the Prophethood of Hazrat Muhammad (PBUH), claims prophethood after him, or recognizes such a claimant, is not a Muslim.

8th Amendment (1985)

Transferred crucial powers from the Prime Minister to the President, protected the decisions of Zia ul Haq's military government from judicial review and gave the President power to dissolve the National Assembly under Article 58 (2-B), turning parliamentary democracy into controlled democracy.

13th and 14th Amendments (1997)

The 13th took away the President's power to dissolve the National Assembly and to appoint the service chiefs, restoring the Prime Minister's power. The 14th added Article 63-A against floor crossing, allowing the party head to start disqualification of defectors.

18th Amendment (2010)

Restored the parliamentary system; limited the cabinet to 11% of Parliament; introduced the Judicial Commission and Parliamentary Committee for appointing judges; devolved 17 ministries; deleted the Concurrent List; protected provinces' NFC share; required local governments in every province.

25th Amendment (2018)

Merged FATA with Khyber Pakhtunkhwa from 31 May 2018, ending the FCR; the KP Assembly rose from 124 to 145 seats.

Conclusion

The amendments show a struggle between presidential and parliamentary power; the 13th and 18th Amendments strengthened democracy and the federation.