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Constitutional
Development in Pakistan
OBJECTIVES RESOLUTION
Salient Features
 Sovereignty belongs to Allah
 Islamic Democracy
 Freedom, Equality, Tolerance and
Social Justice
 To guarantee minority
 Ensure fundamental rights to all
citizens.
 Pakistan shell be federation
 Independence of judiciary
Causes of Delay in Constitution
Making in Pakistan
 Feelings of Distrust between the
Eastern and Western Wing
 Division of Power
 Controversy over Ideological Basis
of the Country
 Controversial Reports of Constituent
Assembly
The Constitution of 1956
Salient Features
 Written Constitution
 Preamble
 Flexible constitution
 Parliamentary System
 Unicameral Legislature
 Federal State
 Elected President
 Independent Judiciary
 Single Citizenship
 Fundamental Rights
 Directive Principles of Policy
 National Economic Council and
Finance Commission
 Islamic Provisions
 National Language
Causes of Failure of 1956
Constitution
 Undue Interference by President in
Politics
 Parity between East and West Pakistan
 Demand for maximum Autonomy for
provinces
 Absence of Majority party
 Lack of organisation and discipline
 Lack of Experience of Parliamentary
System
 Lack of Elections
The Constitution of 1962
Salient Features
 Written
 Federal Republic
 Rigid Constitution
 Unicameral Legislature
 Principle of Policy
 Presidential System
 Independence of Judiciary
 Close Harmony between Exectine
and legislature
 Indirect Elections
 Provision of Punishment
 Superiority of Centre over Provinces
 Fundamental Rights
 Islamic Provisions
 National Language
Salient Features
 A dictated constitutions
 Undemocratic
 Indirect Elections
 Defect Basic Democracy
 un Islamic Measures
 No principle of check and balance
 Suspension of Fundamental Rights
 Miss use of power
Causes of Failure – 1962
Constitutions
The constitution of 1973
Salient Features
 Popular Democratic Constitution
 Written Constitution
 Preamble
 Rigid Constitution
 Federal State
 Parliamentary form of Government
 Bicameral Legislature
 Principal of Policy
 Direct Election
 Independence of Judiciary
 Fundamental Rights
 Islamic Provisions
 Single Citizenship
 National Language
Islamic Provision of 1956 & 1962
Constitution
 The name of the country will be Islamic
Republic of Pakistan.
 An Islamic Advisory Council consisting of
twelve persons shall be set up.
 Sovereignty of Allah Almighty was reaffirmed.
 The Islamic Advisory Council shall be set
up three years.
 The Islamic Advisory Council shall give
suggestion to mould the laws in accordance with
the Islamic principles.
 The president of Pakistan shall be a Muslim by
faith and belief.
Islamic Provision of 1973
Constitution
 Islam will be the state religion.
 President and Prime Minister must be
Muslim by faith and belief and they
should also be professing faith in the
finality of Prophethood.
 Clear and concise definition of Muslim
was laid down on the constitution.
 All laws of the state shall be brought in
conformity with the injunctions of Islam.
Islamic Provision of 1973
Constitution
 The govt will take all possible steps to
impart education of Islamiat and the Holy
Quran.
 The President and Prime Minister will
take oath and openly express their faith in
the Holly Quran and the finality of
Prophethood.
 Islamic Advisory Council will be set up to
bring the existing laws of the country in
conformity with the Islamic provision.
 Steps will be taken to introduce interest
free banking system in the country in the
light of Islam.
Steps taken towards Islamisation
 Establishment of the Federal
Sahariat Court.
 Enhancement of Hadood Laws.
 Zakat and Usher ordinances.
 Interest free banking.
 Establishment of Shariat faculty.
 Establishment of Law Commission.
 Wafaqi Mohtasib.
 Salat Committee.
 Ahtraam-e-Ramazan.
Steps taken towards Islamisation
 Wearing of national dress.
 Qasas and Dieat.
 Ordinance for respect of Holy
Prophet (Peace Be Upon Him), Ahle
Bait and Sahabas (Companions).
 Compulsory Education of Islamic
Studies.
 Sanads of Darse Nizami made equal
to MA degree in Islamic Studies and
Arabic.
Hindrances in way of
Islamisation
 Attitude of decision makers.
 Role of political parties.
 Unfair distribution of wealth.
 Contrast in theory and practice.
 Defective education system.
 Role of media.
 Distortion of culture.
 Corruption and nepotism.
 Attitude of religious elite.

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Constitutional Development of Pakistan,Objectives Resolution 1949, Constitutions of Pakistan 1956,1962 and 1973

  • 2. OBJECTIVES RESOLUTION Salient Features  Sovereignty belongs to Allah  Islamic Democracy  Freedom, Equality, Tolerance and Social Justice  To guarantee minority  Ensure fundamental rights to all citizens.  Pakistan shell be federation  Independence of judiciary
  • 3. Causes of Delay in Constitution Making in Pakistan  Feelings of Distrust between the Eastern and Western Wing  Division of Power  Controversy over Ideological Basis of the Country  Controversial Reports of Constituent Assembly
  • 4. The Constitution of 1956 Salient Features  Written Constitution  Preamble  Flexible constitution  Parliamentary System  Unicameral Legislature  Federal State
  • 5.  Elected President  Independent Judiciary  Single Citizenship  Fundamental Rights  Directive Principles of Policy  National Economic Council and Finance Commission  Islamic Provisions  National Language
  • 6. Causes of Failure of 1956 Constitution  Undue Interference by President in Politics  Parity between East and West Pakistan  Demand for maximum Autonomy for provinces  Absence of Majority party  Lack of organisation and discipline  Lack of Experience of Parliamentary System  Lack of Elections
  • 7. The Constitution of 1962 Salient Features  Written  Federal Republic  Rigid Constitution  Unicameral Legislature  Principle of Policy  Presidential System  Independence of Judiciary
  • 8.  Close Harmony between Exectine and legislature  Indirect Elections  Provision of Punishment  Superiority of Centre over Provinces  Fundamental Rights  Islamic Provisions  National Language
  • 9. Salient Features  A dictated constitutions  Undemocratic  Indirect Elections  Defect Basic Democracy  un Islamic Measures  No principle of check and balance  Suspension of Fundamental Rights  Miss use of power Causes of Failure – 1962 Constitutions
  • 10. The constitution of 1973 Salient Features  Popular Democratic Constitution  Written Constitution  Preamble  Rigid Constitution  Federal State  Parliamentary form of Government  Bicameral Legislature
  • 11.  Principal of Policy  Direct Election  Independence of Judiciary  Fundamental Rights  Islamic Provisions  Single Citizenship  National Language
  • 12. Islamic Provision of 1956 & 1962 Constitution  The name of the country will be Islamic Republic of Pakistan.  An Islamic Advisory Council consisting of twelve persons shall be set up.  Sovereignty of Allah Almighty was reaffirmed.  The Islamic Advisory Council shall be set up three years.  The Islamic Advisory Council shall give suggestion to mould the laws in accordance with the Islamic principles.  The president of Pakistan shall be a Muslim by faith and belief.
  • 13. Islamic Provision of 1973 Constitution  Islam will be the state religion.  President and Prime Minister must be Muslim by faith and belief and they should also be professing faith in the finality of Prophethood.  Clear and concise definition of Muslim was laid down on the constitution.  All laws of the state shall be brought in conformity with the injunctions of Islam.
  • 14. Islamic Provision of 1973 Constitution  The govt will take all possible steps to impart education of Islamiat and the Holy Quran.  The President and Prime Minister will take oath and openly express their faith in the Holly Quran and the finality of Prophethood.  Islamic Advisory Council will be set up to bring the existing laws of the country in conformity with the Islamic provision.  Steps will be taken to introduce interest free banking system in the country in the light of Islam.
  • 15. Steps taken towards Islamisation  Establishment of the Federal Sahariat Court.  Enhancement of Hadood Laws.  Zakat and Usher ordinances.  Interest free banking.  Establishment of Shariat faculty.  Establishment of Law Commission.  Wafaqi Mohtasib.  Salat Committee.  Ahtraam-e-Ramazan.
  • 16. Steps taken towards Islamisation  Wearing of national dress.  Qasas and Dieat.  Ordinance for respect of Holy Prophet (Peace Be Upon Him), Ahle Bait and Sahabas (Companions).  Compulsory Education of Islamic Studies.  Sanads of Darse Nizami made equal to MA degree in Islamic Studies and Arabic.
  • 17. Hindrances in way of Islamisation  Attitude of decision makers.  Role of political parties.  Unfair distribution of wealth.  Contrast in theory and practice.  Defective education system.  Role of media.  Distortion of culture.  Corruption and nepotism.  Attitude of religious elite.