Laws In pakistan

1. ConstitutionalConstitutional
Development Of PakistanDevelopment Of Pakistan
since 1947 to the presentsince 1947 to the present

2. BACKGROUNDBACKGROUND
• Creation of Pakistan in 1947 was in manyCreation of Pakistan in 1947 was in many
ways a unique event which at the same timeways a unique event which at the same time
was bound to have many difficultieswas bound to have many difficulties
primarily due to a consistently hostileprimarily due to a consistently hostile
attitude adopted by Indian leadership. Theattitude adopted by Indian leadership. The
Indian leaders continued to createIndian leaders continued to create
difficulties for Pakistan in the hope thatdifficulties for Pakistan in the hope that
Pakistan would not survive for long.Pakistan would not survive for long.

3. • One of the most uphill task for the newlyOne of the most uphill task for the newly
created Pakistan was the framing of itscreated Pakistan was the framing of its
comprehensive Constitution. Both India andcomprehensive Constitution. Both India and
Pakistan at their birth adopted GovernmentPakistan at their birth adopted Government
of India Act of 1935 with essentialof India Act of 1935 with essential
amendments as the interim constitution i.e.amendments as the interim constitution i.e.
Parliamentary and Federal in nature.Parliamentary and Federal in nature.

4. • Quaid-e-Azam with his vast and strongQuaid-e-Azam with his vast and strong
background of handling legal matters tookbackground of handling legal matters took
up this problem with urgency howeverup this problem with urgency however
gravity of other issues compelled him to paygravity of other issues compelled him to pay
his attention to other matters which delayedhis attention to other matters which delayed
this important process of constitutionthis important process of constitution
making.making.

5. Measures Taken by JinnahMeasures Taken by Jinnah
• Appointed the first constituent assembly ofAppointed the first constituent assembly of
Pakistan in August 1947 :Pakistan in August 1947 :
1.1. 69 members elected in 1945-46 election.69 members elected in 1945-46 election.
• Dual responsibility of acting as the federalDual responsibility of acting as the federal
legislature and constituent assembly.legislature and constituent assembly.
• The members however lacked the essentialThe members however lacked the essential
requisites of high competence, commitmentrequisites of high competence, commitment
and political experience. Even thoughand political experience. Even though
Jinnah wanted to improve this situation butJinnah wanted to improve this situation but
his early demise in 1948 struck another blowhis early demise in 1948 struck another blow
to fledgling Pakistan.to fledgling Pakistan.

6. Liaquat Ali Khan and his ObjectivesLiaquat Ali Khan and his Objectives
Resolution of 1949Resolution of 1949
• Objectives resolution was passed on 12thObjectives resolution was passed on 12th
March 1949 while Liaquat Ali Khan was theMarch 1949 while Liaquat Ali Khan was the
Prime Minister and Khawaja NazimuddinPrime Minister and Khawaja Nazimuddin
was the 2nd Governor General at the time.was the 2nd Governor General at the time.

7. Main Features of ObjectiveMain Features of Objective
ResolutionResolution
• Sovereignty of AllahSovereignty of Allah
• Democracy: Elected representationDemocracy: Elected representation
• Federal Republic based on IslamicFederal Republic based on Islamic
Principles, justice, equality and tolerancePrinciples, justice, equality and tolerance
with an independent judiciary pluswith an independent judiciary plus
protection of minoritiesprotection of minorities
• Muslim way of life according to teachings ofMuslim way of life according to teachings of
Quran and SunnahQuran and Sunnah

8. • After sharp criticism by religious scholars aAfter sharp criticism by religious scholars a
basic principles committee was setup tobasic principles committee was setup to
review the recommendations however thereview the recommendations however the
report was subject to widespread criticismreport was subject to widespread criticism
over its recommendations in East and Westover its recommendations in East and West
Pakistan.Pakistan.

9. BASIC PRINCIPLESBASIC PRINCIPLES
COMMITTEECOMMITTEE
• Basic principles committee was formedBasic principles committee was formed
in1949 with Liaquat Ali khan as its head.in1949 with Liaquat Ali khan as its head.
• Its main task was to examine importantIts main task was to examine important
constitutional matters.constitutional matters.
• Published its first draft in 1950 which invitedPublished its first draft in 1950 which invited
strong criticism from East Pakistan.strong criticism from East Pakistan.
• Liaquat Ali khan was assassinated in 1951Liaquat Ali khan was assassinated in 1951
and Khawaja Nazimuddin sworn in asand Khawaja Nazimuddin sworn in as
second prime minister.second prime minister.

10. • Khawaja Nazimuddin presented secondKhawaja Nazimuddin presented second
report in 1952 , commonly known as Parityreport in 1952 , commonly known as Parity
Proposal.Proposal.
• Its main focus was the equal distribution ofIts main focus was the equal distribution of
seats between West and East Pakistan.seats between West and East Pakistan.
• It was also criticized on various issues like :It was also criticized on various issues like :
• Treating West Pakistan as single province ,Treating West Pakistan as single province ,
disregard of numerical strength of eastdisregard of numerical strength of east
Pakistan and formation of Ulema BoardPakistan and formation of Ulema Board..

11. • Irrespective of a deadlock , KhawajaIrrespective of a deadlock , Khawaja
Nazimuddin was removed in 1953 andNazimuddin was removed in 1953 and
Mohammad Ali Bogra became PrimeMohammad Ali Bogra became Prime
Minister.Minister.
• He presented Bogra Formula to overcomeHe presented Bogra Formula to overcome
the constitutional deadlock.the constitutional deadlock.
• Sensitive issues like language problem andSensitive issues like language problem and
representation of East and West Pakistanrepresentation of East and West Pakistan
were solved .were solved .

12. • Governor General Ghulam Mohammad mostGovernor General Ghulam Mohammad most
undemocratically dismissed constituentundemocratically dismissed constituent
assembly on 24 October 1954.assembly on 24 October 1954.
• Maulvi Tamiz ud Din case.Maulvi Tamiz ud Din case.
• Second constitutional assembly was formedSecond constitutional assembly was formed
in1955 and under Chaudry Muhammad Ali itin1955 and under Chaudry Muhammad Ali it
presented a new draft which was finallypresented a new draft which was finally
approved in 1956.approved in 1956.

13. 1956 Constitution1956 Constitution
• Passed on 29 February 1956 and wasPassed on 29 February 1956 and was
promulgated on 23 March 1956.promulgated on 23 March 1956.
• Consisted of 234 articles, arranged in 13Consisted of 234 articles, arranged in 13
parts, short preamble in the beginning andparts, short preamble in the beginning and
six schedules attached at the end ,coveredsix schedules attached at the end ,covered
total of 94 pages.total of 94 pages.

14. The PreambleThe Preamble
• The preamble of the constitution was theThe preamble of the constitution was the
objective resolution which was adopted byobjective resolution which was adopted by
the Constituent assembly in March,1949the Constituent assembly in March,1949..

15. The Islamic ProvisionsThe Islamic Provisions
• Pakistan was defined as an “IslamicPakistan was defined as an “Islamic
Republic”, wherein the principles ofRepublic”, wherein the principles of
freedom,equality,tolerance,and social justicefreedom,equality,tolerance,and social justice
as enunciated by Islam, should be fullyas enunciated by Islam, should be fully
observed.observed.
• Islamic provisions will be followed by theIslamic provisions will be followed by the
state authorities while formulating statestate authorities while formulating state
policies.policies.
• Steps were to be taken to enable Muslims ofSteps were to be taken to enable Muslims of
Pakistan to order their lives according withPakistan to order their lives according with
the Holy Quran and Sunnah.the Holy Quran and Sunnah.

16. • The President was to be a Muslim.The President was to be a Muslim.
• No law shall be enacted ,which is repugnantNo law shall be enacted ,which is repugnant
to the injunction of Islam as laid down in theto the injunction of Islam as laid down in the
Holy Quran and the Sunnah: and that theHoly Quran and the Sunnah: and that the
existing laws shall be brought intoexisting laws shall be brought into
conformity with such injunctions.conformity with such injunctions.
• Islamic Advisory Council were to be set up.Islamic Advisory Council were to be set up.
• Nothing should affect the personal laws ofNothing should affect the personal laws of
non-Muslims or their status as citizens.non-Muslims or their status as citizens.

17. The PresidentThe President
• Chief Executive and Head of State.Chief Executive and Head of State.
• Should be a Muslim.Should be a Muslim.
• Not less than 40 years of age.Not less than 40 years of age.
• To be elected by members of NationalTo be elected by members of National
assembly and Provincial assemblies for 5assembly and Provincial assemblies for 5
years.years.
• Could be eligible for election.Could be eligible for election.
• Could not continue more than twoCould not continue more than two
consecutive terms.consecutive terms.

18. • Could be checked by ¾ members ofCould be checked by ¾ members of
legislature.legislature.
• Emergency Powers .Emergency Powers .
• Financial powersFinancial powers
• Could Summon, prorogue and Dissolve theCould Summon, prorogue and Dissolve the
assembly.assembly.
• Power to appoint the Prime Minister.Power to appoint the Prime Minister.
Provincial Governors and Judges withProvincial Governors and Judges with
consent of Chief Justuice,Auditor Generalconsent of Chief Justuice,Auditor General
and Advocate Generaland Advocate General..

19. • Power to release ordinances.Power to release ordinances.
• Power to pardon, commute of sentences.Power to pardon, commute of sentences.
• Ministers, Deputies appointed by President.Ministers, Deputies appointed by President.
• Official acts could not be challenged.Official acts could not be challenged.
• Speaker will be acting President in case ofSpeaker will be acting President in case of
incapacitation or absence.incapacitation or absence.
• In absence of Prime Minister, powersIn absence of Prime Minister, powers
transferred to President.transferred to President.
• Limited power to veto.Limited power to veto.

20. LegislatureLegislature
• Uni-Cameral Legislature known as NationalUni-Cameral Legislature known as National
AssemblyAssembly
• 150 Seats each from East and West Pakistan150 Seats each from East and West Pakistan
• 10 women seats, 5 each from both sides.10 women seats, 5 each from both sides.
• 21 years voter age.21 years voter age.
• 25 years Candidate age.25 years Candidate age.
• Member could loose his seat in case ofMember could loose his seat in case of
consecutive 60 days absence.consecutive 60 days absence.

21. • At least two sessions of National AssemblyAt least two sessions of National Assembly
in a year.in a year.
• At least one session to take place in Dacca.At least one session to take place in Dacca.
• The assembly to choose Speaker andThe assembly to choose Speaker and
Deputy Speaker from its own members in itsDeputy Speaker from its own members in its
first session.first session.
• Life of Assembly is 5 years but could beLife of Assembly is 5 years but could be
dissolved by the President earlier.dissolved by the President earlier.
• Election were to take place within 6 months,Election were to take place within 6 months,
no by-elections could be delayed beyond 3no by-elections could be delayed beyond 3
months.months.

22. Prime Minister and CabinetPrime Minister and Cabinet
• Leader of House and Head of Cabinet.Leader of House and Head of Cabinet.
• Must enjoy the confidence of Legislature.Must enjoy the confidence of Legislature.
• Could be removed by the President.Could be removed by the President.
• Real executive authority vested in theReal executive authority vested in the
Cabinet.Cabinet.
• Collectively responsible to the NationalCollectively responsible to the National
Assembly.Assembly.

23. Federal StructureFederal Structure
• Comprised of two Provinces, East andComprised of two Provinces, East and
West Pakistan.West Pakistan.
• Principle of Parity to two Provinces.Principle of Parity to two Provinces.
• Three ListsThree Lists
1.1. Federal:- thirty subjects included ForeignFederal:- thirty subjects included Foreign
affairs,Defence,Currency,Citizenship,foreignaffairs,Defence,Currency,Citizenship,foreign
and inter-Provincial trade andand inter-Provincial trade and
Commerce,Insurance,Industries,Postal,TelecoCommerce,Insurance,Industries,Postal,Teleco
mmunications,Mineral Oil and Gas.mmunications,Mineral Oil and Gas.
2.2. Provincial List:-Ninety four subjectsProvincial List:-Ninety four subjects

24. – Public order, Administration of Justice ,Public order, Administration of Justice ,
Police ,Land , agriculture, local governments,Police ,Land , agriculture, local governments,
education, public health , sanitation,education, public health , sanitation,
industries, factories, regulations of mines ,industries, factories, regulations of mines ,
forest, electricity and other subjects of localforest, electricity and other subjects of local
interest.interest.
1.1. Concurrent List:-19 items list comprised ofConcurrent List:-19 items list comprised of
certain matters, which could be given either tocertain matters, which could be given either to
center or to Provinces.center or to Provinces.
• Residuary powers were given to Provinces.Residuary powers were given to Provinces.

25. • Federal had priority over Provinces list.Federal had priority over Provinces list.
• Provinces could not tax to federal property.Provinces could not tax to federal property.
• Parliament was supreme decision power inParliament was supreme decision power in
case of any conflict.case of any conflict.
• Chief Justice could also play a role to settleChief Justice could also play a role to settle
the matters.the matters.

26. JudiciaryJudiciary
• Independence of Judiciary was guaranteed.Independence of Judiciary was guaranteed.
• Supreme Court:-Supreme Court:-Headed by Chief Justice with 6Headed by Chief Justice with 6
judges.judges.
• To Interpret the Constitution.To Interpret the Constitution.
• Had original as well as appellate jurisdiction.Had original as well as appellate jurisdiction.
• Had powers to adjudicate in any Dispute betweenHad powers to adjudicate in any Dispute between
Center and Provinces or vice versa.Center and Provinces or vice versa.

27. • High Court:-High Court:-
– Each Province had a High Court,Each Province had a High Court,
– consisted of Chief Justice and other Judges.consisted of Chief Justice and other Judges.
– Appointed by the President of Pakistan inAppointed by the President of Pakistan in
consultation with the Chief Justice.consultation with the Chief Justice.
• Civil Servants could be appointed Judges.Civil Servants could be appointed Judges.

28. Fundamental rightsFundamental rights
• Part II laid down the fundamental rightsPart II laid down the fundamental rights
guaranteed to the citizens of Pakistan.guaranteed to the citizens of Pakistan.
• State shall not make any law contrary toState shall not make any law contrary to
fundamental rights.fundamental rights.
• All citizens were equal and no one could beAll citizens were equal and no one could be
deprived of life or liberty except indeprived of life or liberty except in
accordance to law.accordance to law.

29. • Freedom of speech and expression wasFreedom of speech and expression was
guaranteed but could be restricted by law inguaranteed but could be restricted by law in
the interest of security of Pakistan , decency,the interest of security of Pakistan , decency,
Morality, etc.Morality, etc.
• Rights of freedom of assembly and freedomRights of freedom of assembly and freedom
of association were provided.of association were provided.
• Every citizen could move through out theEvery citizen could move through out the
country, and could reside , settle , hold andcountry, and could reside , settle , hold and
dispose off property in any part of it.dispose off property in any part of it.
• Slavery and forced labor were prohibited.Slavery and forced labor were prohibited.

30. • Religious liberties were guaranteed.Religious liberties were guaranteed.
• No person could be forced to pay anyNo person could be forced to pay any
special tax, the proceeds of which were to bespecial tax, the proceeds of which were to be
spent on the propagation or maintenance ofspent on the propagation or maintenance of
any other religion other than his own.any other religion other than his own.
• All these rights were enforceable byAll these rights were enforceable by
Supreme Court and therefore Court wasSupreme Court and therefore Court was
given powers to issue directions, orders orgiven powers to issue directions, orders or
writs of all kinds for the enforcement of anywrits of all kinds for the enforcement of any
of these rights.of these rights.

31. Abrogation of ConstitutionAbrogation of Constitution
• Constitution wasConstitution was
abrogated on Octoberabrogated on October
7,1958 when the Martial7,1958 when the Martial
law was proclaimed bylaw was proclaimed by
General Ayub KhanGeneral Ayub Khan..