Constitution Of Pakistan Pdf Download //TOP\

The Constitution of Pakistan is yet to be framed by the Pakistan Constituent Assembly, I do not know what the ultimate shape of the constitution is going to be, but I am sure that it will be of a democratic type, embodying the essential principles of Islam. Today these are as applicable in actual life as these were 1300 years ago. Islam and its idealism have taught us democracy. It has taught equality of man, justice and fair play to everybody. We are the inheritors of these glorious traditions and are fully alive to our responsibilities and obligations as framers of the future constitution of Pakistan.

Pakistan was founded in 1947 as a Dominion (an independent realm or kingdom) within the British Commonwealth. The same was true in independent India. During its first few years of existence the British monarch was also Pakistan's head of state, as is still the case in Canada, Australia etc. Before writing a constitution, a Constituent Assembly passed the Objectives Resolution, on the insistence of the ulama and Jamaat-e-Islami, in March 1949 to define the basic directive principles of the new state and to declare state recognition of the sovereignty of Allah over the universe. The Objectives Resolution affirmed the role of democracy and contained religious provisions to enable society to adhere to the teachings of the Quran and Sunnah. The Objectives Resolution has henceforth been inserted as a preamble into each of Pakistan's subsequent constitutions.[11]

Constitution Of Pakistan Pdf Download

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The country became a republic when its first constitution was approved in 1956 but this was abrogated in 1958 after a military Coup d'tat.[12] Pakistan's second constitution was approved in 1962. It granted executive power to the president and abolished the office of the prime minister. It also institutionalised the intervention of military in politics by providing that for twenty years, the president or the defence minister must be a person who had held a rank not lower than that of lieutenant-general in the army.[13] The 1962 constitution was suspended in 1969 and abrogated in 1972.[12]

After another coup d'tat in 1977, the constitution was held in abeyance until it was "restored" in 1985 but with an amendment (the Eighth) shifting power from the parliament and Prime Minister to the president. Another Amendment (Seventeenth) in 2004 continued this shift, but in 2010, the Eighteenth amendment reduced presidential powers, returning the government to a parliamentary republic.[citation needed]

The provisions of the Government of India Act, 1935, had greatly influenced the state and served as its basic legal document until 1956. In 1950, Prime Minister Liaquat Ali Khan authored the first annexe that would pave a path to the drafting of the Constitution. Elected in 1947, the first Constituent Assembly drafted and adopted its first constitution in 1956.[citation needed]

Following the adoption of a constitution in India in 1950, Pakistan's lawmakers were incentified to work on their constitution. Prime Minister Muhammad Ali and his government officials worked with the opposition parties in the country to formulate a constitution for Pakistan.[15]

By the constitution, Iskander Mirza assumed the presidency but his constant involvement in national affairs, as opposed to Constitution, dismissed four elected prime ministers in two years. Under public pressure, Mirza upheld the coup d'tat in 1958, thus virtually suspending the constitution. Shortly afterwards General Ayub Khan deposed Mirza and declared himself president.[16]

General Ayub Khan appointed a Constitution Commission to draft another part of the constitution under Chief Justice Muhammad Shahabuddin.[17] Submitted its considerations on 6 May 1961, Ayub Khan altered the entire version of the constitution which was entirely different from the one recommended by Chief Justice Muhammad Shahabuddin.[17] It was promulgated on 8 June 1962. Main feature of this set was the introduction of the presidential system and more consolidated powers to the President. No further changes were carried out to oppose the 1956 document.[17] Its features includes:

The military government and President Yahya himself made no efforts to frame a constitution, aside from issuing the extrajudicial order in 1970.[19] Across the country, the expectations were that a National Assembly would be set up by holding a free and fair election. To hold the proposed elections, President Yahya promulgated a Legal Framework Order on 30 March 1970 that also spelled out the fundamental principles of the proposed constitution and the structure and composition of the national and provincial assemblies.[19]

Constitutional crisis grew further when the AL refused to make concessions over its six points to draft the constitution and instead maintaining that the AL was able to frame a constitution and to form a central government on its own.[19]

The PPP was not willing to dilute the authority of the federal government in spite of assuring full provincial autonomy for all the provinces of Pakistan.[19] Negotiations on framing the work on constitution were held between January and March 1971 between leaders of the PPP, the AL, and the military government of Yahya Khan, which turned out to be a failure.[19] Under the LFO, the President was to decide when the National Assembly was to meet.[19] By 13 February 1971, the President Yahya announced that the National Assembly was to meet at Dhaka on 3 March 1971. By this time the differences between the main parties to the conflict had already crystallized.[19] Over the six-point issue, the PPP was convinced that a federation based on the six points would lead to a feeble confederation in name only and was part of a larger Indian plan to break up and destroy Pakistan.[19] These fears were evidently shared by the military leaders in the west, including President Yahya Khan who had publicly described Sheikh Mujibur Rehman as the 'future Prime Minister of Pakistan' on 14 January 1971. Bhutto announced on 15 February that his party would not attend the National Assembly unless there was 'some amount of reciprocity' from the Awami League. Sheikh Mujib replied at a press conference on 21 February, asserting that "Our stand is absolutely clear. The constitution will be framed on the basis of the six points".[19]

After Bangladesh was formed in 1971, the PPP formed the government and partially enacted the 1962 constitution.[20] President Zulfikar Ali Bhutto called for a constitutional convention and invited the leaders of the all political parties to meet him on 17 April 1972.[20] Leaders and constitutional experts of the Islamic political parties, conservative parties, socialists and communist parties were delegated to attend the constitutional convention in 1972.[21]

The law experts, constitutional analysts, and country's reputed clergymen worked on formulating a constitution that they hoped would represent the will and desire of people.[22] Unlike earlier attempts, the convention was not meant for new laws or piecemeal alterations, but for the "sole and express purpose of revising the 1956 articles."[22] Also, the convention was not limited to the religion, exigencies of government and the preservation of the State; rather it was intended to maintain delicacy in commerce, finances, issue of loans to federation, and Separation of powers.[22] Several key ideas of the philosophy of John Locke and Islamic provisions on civil rights were interchanged in the Constitution.[23][24]

The due process clause of the Constitution was partly based on the British Common law, as many founding fathers and legal experts of the country had followed the British legal tradition.[28] The fundamental rights are supreme in the Constitution and any law that is ultra vires the fundamental rights can be struck down by the Apex Courts in their constitutional jurisdiction vested on them under Article 199 of the Constitution.[29]

In contrast to the constitutions of India and Bangladesh, the Constitution reflected a heavy compromise over several issues to maintain a delicate balance of power among the country's institutions. The Constitution defined the role of Islam;[30] Pakistan was to be a Federation of Four Provinces and shall be known as the Islamic Republic of Pakistan;[31] introduction of check and balances, separation of powers, and provided the federal system under which the government should govern.

Unlike the previous documents, the Constitution cannot be changed, instead constitutional amendments are passed; altering its effect.[8] Amendments to the Constitution are made through the Parliament, where a Two-thirds majority and voting is required in both houses for a constitutional amendment to take its effect, in accordance to the Constitution.[59] In addition to this, certain amendments which pertain to the federal nature of the Constitution must be ratified by a majority of provincial legislatures.[60]

As of 2019[update], 25 amendments have been made to the Constitution. Among the most important of these are the Eighth (1985) and Seventeenth Amendments (2004), which changed the government from a parliamentary system to a semi-presidential system. By far the largest change to the Constitution was the Eighteenth Amendment made in 2010 which reversed these expansions of presidential powers, returning the government to a parliamentary republic, and also defined any attempt to subvert, abrogate, or suspend the constitution as an act of high treason.[61] Another significant amendment was the second amendment which declared Ahmadis to be non-Muslims. It was unanimously passed by parliament in 1974.[62]

The six-year saga of the treason trial included Musharraf failing to appear in court dozens of times, postponement of the hearing date because of his illnesses, six reconstitutions of the special court, and multiple prosecution heads quitting or being fired by the government. Musharraf, who had been placed on a no-fly list, received a one-time permission to travel abroad on medical grounds in 2016. He has not returned to Pakistan since. ff782bc1db