5. HISTORY OF CONSTITUTION MAKING
IN PAKISTAN
• OBJECTIVES RESOLUTION OF 1949
• CONSTITUTION OF 1956
• CONSTITUTION OF 1962
• LEGAL FRAMEWORK ORDER OF 1970
• CONSTITUTION OF 1973
6. IMPORTANCE OF OBJECTIVE RESOLUTION IN
CONSTITUTIONAL HISTORY OF PAKISTAN
• THE OBJECTIVES RESOLUTION COMBINES
FEATURES OF BOTH WESTERN AND ISLAMIC
DEMOCRACY
• AT THE TIME IT WAS PASSED, LIAQUAT ALI
KHAN CALLED IT THE MOST IMPORTANT
OCCASION IN THE LIFE OF THIS COUNTRY, NEXT
IN IMPORTANCE ONLY TO THE ACHIEVEMENT
OF INDEPENDENCE
• THE OBJECTIVES RESOLUTION WAS THE FIRST
CONSTITUTIONAL DOCUMENT THAT PROVIDES
THE 'FOUNDATION' OF THE CONSTITUTIONAL
DEVELOPMENTS IN PAKISTAN
• THE RESOLUTION HAS REMAINED THE
'PREAMBLE’ OF ALL THE CONSTITUTIONS FROM
1956 TILL 1973
7.
8. CONSTITUTION OF 1962
• PAKISTAN WAS NAMED AS REPUBLIC OF PAKISTAN
• THE PRINCIPLE OF PARITY BETWEEN EAST AND WEST PAKISTAN WAS
MAINTAINED. BOTH PROVINCES WOULD RUN THEIR SEPARATE
PROVINCIAL GOVERNMENTS. THE RESPONSIBILITIES AND AUTHORITY OF
THE CENTRE AND THE PROVINCES WERE CLEARLY LISTED IN THE
CONSTITUTION. THE CENTRAL LEGISLATURE HAD ONE HOUSE KNOWN AS
THE NATIONAL ASSEMBLY (156 MEMBERS). EQUALITY BETWEEN THE TWO
WINGS WERE MAINTAINED IN THE NATIONAL ASSEMBLY.
• PRESIDENTIAL FORM OF GOVERNMENT. THE PRESIDENT HAD TO BE A
MUSLIM NOT LESS THAN 35 YEARS OF AGE. WAS TO BE ELECTED
INDIRECTLY BY AN ELECTORAL COLLEGE FORMED BY NOT LESS THAN
80,000 BASIC DEMOCRATS, EQUALLY DISTRIBUTED BETWEEN THE TWO
PROVINCES.
• URDU AND BENGALI WERE RECOGNISED AS NATIONAL LANGUAGES
9.
10.
11. CONSTITUTION OF 1973
• OBJECTIVES RESOLUTION
• ISLAMIC REPUBLIC
• FEDERAL SYSTEM
• PARLIAMENTARY FORM OF GOVERNMENT
• PRIME MINISTER HEAD OF STATE
• MAJLIS-E-SHOORA (PARLIAMENT)
– SENATE (100 MEMBERS)
– NATIONAL ASSEMBLY (342 MEMBERS: 272 DIRECTLY ELECTED, 60 RESERVED FOR
WOMEN AND 10 FOR RELIGIOUS MINORITIES)
• DIRECT METHOD OF ELECTION
• INDEPENDENCE OF JUDICIARY
• URDU NATIONAL LANGUAGE OF PAKISTAN. ENGLISH RETAINED AS THE
OFFICIAL LANGUAGE FOR 15 YEARS. REGIONAL LANGUAGES PROVIDED
FULL PROTECTION.
• REFERENDUM CAN BE HELD BY PRESIDENT HIMSELF OR ON THE ADVICE
OF THE PRIME MINISTER ON ANY IMPORTANT NATIONAL ISSUE
12. VARIOUS FORMS OF ELECTIONS IN
PAKISTAN
• INDIRECT ELECTIONS - BASIC DEMOCRACY
• DIRECT ELECTIONS BASED ON ADULT FRANCHISE
• REFERENDUMS
• PARTYLESS ELECTIONS
• NOMINATIONS OF TECHNOCRATS TO THE SHURA
• LOCAL BODIES
• SEPARATE ELECTORATES FOR MINORITIES
• SEATS FOR WOMEN
13. COMMON OBSERVATIONS ABOUT
THE ELECTORAL SYSTEM IN PAKISTAN
• GENUINENESS & SAFETY OF ELECTION MATERIAL
(ELECTORAL ROLLS, BALLOT PAPER, ELECTORAL INK)
• INACCURATE MEANS OF IDENTIFICATION OF VOTERS
• MANUAL FORM OF VOTING
• BIASED ELECTION STAFF
• HARRASMENT OF VOTERS
• STUFFING OF BALLOT BOXES
• BIASED DELIMITATION OF CONSTITUENCIES OR
DOWNRIGHT GERRYMANDERING
• INACCURATE TRANSLATION OF THE BALLOT
• INTERFERENCE BY INCUMBENT GOVERNMENT
• SLOW PROCESS OF ATTENDING TO ELECTORAL
COMPLAINTS
14. ELECTORAL REFORMS
ELECTORAL REFORMS SHOULD ENSURE THAT
• ELECTIONS ARE FREE AND FAIR
• ALLOW THE MOST SUITABLE CANDIDATES TO
GET ELECTED
• DEVELOP A CULTURE OF ACCEPTING THE
ELECTION RESULTS