detail of Pakistan constitutions

1. Week 10
Constitutal development of Pakistan
Readings: Malik, Hafeez.ed. Pakistan: Founder’s
Aspiration and today’s Realities, Newyork: oxford
university press.2001. Ch. 2.

2. Constitution is a set of laws/principles may be written or
unwritten on which a country is acknowledged to be
governed.
The system of fundamental laws and principles that
prescribes the nature, functions, and limits of a government
or another institution.
Constitution is the fundamental law of the land and it
is from this source that all the laws spring. body of rules
which regulates the system of government within a state.

3. India Act 1935
• On the 3rd June 1947, British government accepted the
principle of partition of British India in order to create two
independant states i.e. Pakistan and India. The British
Parliament passed the Indian independance Act on July
18, 1947, and the new sovereign state of Pakistan came
into being on the 14th of August 1947.
• Every newly established sovereign state must first frame
a constitution of a body of fundamental laws to run the
government and this task has been given to the first
constituent Assembly. It consisted of nearly 80 members,
elected by the Provincial Assemblies of Pakistan.

4. Objective Resolution
• The Objective Resolution - the first document of
constitutional nature – introduced and adopted by the first
Constituent Assembly amid opposition from the Pakistan
National Congress, the only opposition party consisting of
Hindu minority from East Pakistan.
March 1949
• The Objective Resolution – the first document of
constitutional nature – introduced and adopted by the first
Constituent Assembly amid opposition from the Pakistan
National Congress, the only opposition party consisting of
Hindu minority from East Pakistan.

5. The Constitution of 1956 of Islamic Republic of Pakistan.
• The new constitution took more than eight years due to
inevitable situations. It was lengthy and detailed.Pakistan
was defined as an Islamic Republic wherein the principles
of freedom, equality, tolerance and social Justice as
enunciated by Islam should be fully observed. This
constitution based upon the Islamic principles and the
structure of the government was federal.

6. Abrogation of 1956 Constitution by Ayub khan.
• It proved to be short one, the constitution was abrogated
on 7th October, 1958, and Martial Law was proclaimed by
Muhammad Ayu b khan. The General claimed we
solemnly decided to build a true national Army free from
Politics, actually he involved the army into the politics and
this was the first dictatorship in the history of Pakistan,
foundation laid down by General Ayub Khan.

7. The constitution of 1962:
• Ayub khan promulgated a new constitution in 1962. It was fully
changed from the soul of the constitution of 1956. It set up a
Presidential form of government, in this constitution the
President possessed greater number of powers and influence
than the President of USA does, just to prolong his reign.
• Break down of Ayub Khan's Constitution:
• It also did not lost long. People became increasingly
disconnected with Ayub Khan due to the growing autocracy of
President Ayub Khan. Ayub Khan left the reign and resigned.

8. The 1973 Constitution of Pakistan:
• The 1973 constitution contains 280 articles and 7 schedules,
and establishes a centralized federal system.
• The tragedy of the revolt and seperation of East Pakisan, now
called Bangladesh, sent a wave of despair throughout the
remaining Pakistan.
• This constitution is given to Pakistan by Z.A.Bhuto. This also
represents the will of the majority of Pakistani nation.
• Zia-ul-Haq imposed Martial Law on 5th July 1977, he adressed
with the nation and promissed to hand over the government to
representative of the nation and leave the reign in 90 days,
which ended in more than one decade.

9. Continued.........
• Mr.Zia ruled over the country on the name of Islam, he wanted to
become the "Ameer-ul-Momineen". Islamic laws implemented by him
were good but he was not sincere. He jus played with the emotions of
Pakistani Nation and prolonged his regime. Heroine and Kalashankove
culture is the gift of Mr.Zia-ul-Haq for Pakistani youths.
• Than in 1999, General Pervez Musharaf arrived with new zeal,
conqurered the government, like a country attacks on another. He
imposed emergency in the country and dismissed the constitution with
one stroke of his pen. He changed the soul of the 1973 constitution. He
constitutionally shared the Army in the Civil Government.

10. Continued........
• Unlike Mr.Zia the present government prolong its reign by
the theory of enlightenment and moderation.
• Since 1973, the constitution saw twenty-five amendments,
If a person undergo for 25 surgeories what would be his
situation, that is with our constitutin. Now still deal in going
on with PPPP for new amendment in the constitution.