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Political System of Pakistan
- 1. The Political System ofThe Political System of Political and Religious positionsPolitical and Religious positions PakistanPakistan
- 2. Brief History of Pakistan • Pakistan was first established as an independent nation on August 14 in 1947. • Muhammad Ali Jinnah, founder of Pakistan, emphasised the importance of Islam.
- 3. Religious composition of Pakistan • 97% Muslim – 77% Sunni-Muslim – 20% Shi-a-Muslim • Remaining 3% Christian, Hindu, Sikh or other beliefs.
- 6. Senate The Senate is a permanent legislative body with equal representation from each of the four provinces, elected by the members of their respective provincial assemblies. There are representatives from the Federally Administered Tribal Areas and from Islamabad Capital Territory. National Assembly Members of the National Assembly are elected by universal adult suffrage (formerly twenty-one years of age and older but the seventeenth amendment changed it to eighteen years of age.). Seats are allocated to each of the four provinces, the Federally Administered Tribal Areas, and Islamabad Capital Territory on the basis of population. The vast majority of the members are Muslim, about 5 percent of the seats are reserved for minorities, including Christians, Hindus, and Sikhs.
- 7. Presidential Power • President acts on advice of Prime Minister • May adopt absolute power to dissolve National Assembly, according to the 8th Amendment of the constitution.
- 8. Judicial branch The judiciary includes the Supreme Court, provincial high courts, District & sessions Courts, Civil and Magistrate courts exercising civil and criminal jurisdiction.[1] Some federal and provincial courts and tribunals such as Services court, Income tax & excise court, Banking court and Boards of Revenue's Tribunals are as well established in all provinces. Supreme Court The Supreme Court has original, appellate, and advisory jurisdiction. The Chief Justice of the Supreme Court is appointed by the president; the other Supreme Court judges are appointed by the president after consultation with the chief justice. The chief justice and judges of the Supreme Court may remain in office until age sixty-five: now 68 years and this is also another clause of seventeenth amendment.
- 9. Federal Shariat Court of Pakistan The Federal Shariat Court (FSC) of Pakistan is a court which has the power to examine and determine whether the laws of the country comply with Shari'a law. It consists of 8 Muslim judges appointed by the President of Pakistan after consulting the Chief Justice of this Court. Provincial and High Courts In every province,there is one High Court.Currently all four provinces Punjab, Sindh, Khyber Pakhtunkhwa and Balochistan have High courts
- 10. Provincial Governments Pakistan is subdivided into 4 provinces, 2 territories, and 1 capital territory. Each province has a Provincial Assembly, a directly elected legislature. Members are elected for five- year terms. Each Assembly elects a Chief Minister, who then selects the ministers of his or her cabinet. Local Governments Pakistan's provinces are divided into districts called zillas in local languages. A zilla is further subdivided into tehsils. Tehsils may contain town or municipalities.
- 11. Kashmir • Kashmir in Pakistani politics • Azad Kashmir has its own constitution, the Azad Jammu and Kashmir Interim Constitution Act of 1974, and a locally chosen parliamentary form of government, as described above . The constitution allows for many of the structures that comprise a self-governing state, including a legislative assembly elected through periodic elections, a prime minister who commands the majority in the assembly, an indirectly elected president, an independent judiciary, and local government institutions.
- 12. Defence • President Musharraf (2008) says Pakistan is a peaceful country, but a strong national defence is important in maintaining peace. • Musharraf (2008) maintains an adequate defence force in Pakistan is necessary to defend the country and to support its economic development.
- 13. Pakistan’s foreign policy Pakistan’s foreign policy as proclaimed by Quaid-e-Azam Muhammad Ali Jinnah, to the people of the USA in February 1948: “Our foreign policy is one of friendliness and goodwill towards the nations of the world. We do not cherish aggressive designs against any country or nation. We believe in the principle of honesty and fair play in national and international dealings and are prepared to make our utmost contribution to the promotion of peace and prosperity among the nations of the world. Pakistan will never be found lacking in extending its material and moral support to the oppressed and suppressed peoples of the world, and in upholding the principles of the United Nations Charter.” (Muhammad Ali Jinnah 1948, in Ministry of Foreign Affairs 2008a)
- 14. Military in Government • The Military long standing force in Pakistani politics • The President General Pervez Musharraf was never elected, came to power after a military take-over of government in 1999 • Resigned as Army Chief of Staff in November 2007
- 15. Islam in Government • Increased involvement of Islam in the Pakistani Government since 1984 Referendum • Enforcement of Sharia or Islamic Law since 1985 • Assessment by the Shariat/Islamic Court regarding federal laws
- 16. Five Principals of Friendly Co-existence • Mutual respect for the independence, sovereignty, equality, territorial integrity and national identity of all nations; • The right of every state to lead its national existence free from external interference, subversion or coercion; • Non-interference in the internal affairs of one another; • Settlement of differences or disputes by peaceful means; and the • Renunciation of the threat or use of force; (<http://www.aseansec.org>)
- 17. Member organisations – United Nations; – Organisation of Islamic Conference (OIC); – South Asian Association for Regional Cooperation (SAARC); and the – Economic Cooperation Organisation (ECO); (Ministry of Foreign Affairs 2007, p.1)
- 18. 2007 Foreign Affairs • In spite of turmoil and insecurity in Pakistan 2002-7 • State remained focused on: • Promotion of regional and international peace and security • Economic and social development of the country • Welfare of its people. • Maintained and improved relations with neighbors and major world powers (Kasuri 2007, p.3)
- 19. Negotiations & Actions 2006-7 • Joined the international coalition against terrorism • Initiated dialogue with India regarding Kashmir dispute • Supported initiatives and contributed to reconstruction efforts in Afghanistan • Deployed forces to counter extremism on the border between Afghanistan and Pakistan’s tribal areas • Deepened relations with the US • dismantled the AQ Khan network in Pakistan • Maintained and developed ongoing relations with China, Iran, Russia and Japan • Maintained close relations with their ‘brotherly Islamic countries including Turkey and special relations with Gulf countries in particular with Saudi Arabia and United Arab Emirates (UAE)’ (Kasuri 2007, p.3-4).
- 20. Religion in Pakistan politics (www.utdallas.edu) (www.infopak.gov.pk)
- 21. Islam in constitution The Constitution of the Islamic Republic of Pakistan 1973, Preamble states: •Whereas sovereignty over the entire universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust… •Wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed… •Wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and Sunnah. (<www.pakistanconstitution- law.com>)
- 22. Constitution Articles pertaining to Islam • Article 31: relates to supporting the Muslims of Pakistan in the Islamic way of life. – the provision of facilities; and – the compulsory teaching of the Holy Quran and Sunnah, as a means of promoting unity and the observance of Islamic moral standards. • Article 40: relates to the strengthening of bonds with other Muslim countries based on Islamic unity and the promotion of international peace and security. • Article 41: states the minimum requirements of an elected president, which include that he must be a Muslim.
- 23. Constitution Articles pertaining to Islam • Article 227: provides that all existing laws are brought into ‘conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah’. • Article 228: provides for the establishment of a council of Islamic ideology( the Islamic Council) and the responsibilities of the president in relation to the establishment of the members of the Islamic Council. • Article 229, refers to the provision that members of parliament may seek advice from the Islamic Council on matters regarding proposed law and whether they are compatible to the Injunctions of Islam. • Article 230, provides for matters referring to the functions of the Islamic Court. (<www.pakistanconstitution-law.com>)
- 24. Role of Islam in Pakistan • Islam established as state ideology to distinguish Pakistan’s identity as separate from Hindu India. • Islam used as the basis for the creation and unification of a separate state, not expected to serve as a model for government (Blood 1994). • Islam remains an important element of national identification and is a central issue in Pakistan’s politics. (Haqqani 2004, pp.87-9)
- 25. Controversy over Islam’s role Arguments : •Islamic ideology is essential to bind its culturally diverse people together. •Insistence on Islamic ideology, in opposition to regional demands, has alienated regional groups and eroded national unity (Pakistan 2008).
- 26. Islam in Pakistan • Islam deeply rooted in Pakistan’s history • Links to Pakistani military and the Pakistani elite’s world view (Haqqani 2004, p.85). • Military rule fomented religious military presence in Pakistan. • Islamists gained disproportionate influence over the country’s overall direction. • Islam used as the means of achieving a common bond and unity (Haqqani 2004, pp.91-96).
- 27. Conclusion While Islamic ideology remains important in Pakistan, the implications exacerbated by military rule and fundamentalism complicate Pakistan’s political situation and reduce its ability to be identified as a functional modern state.
- 28. References • Association of South East Asian Nations 2006, Overview, viewed 10 May 2008, <http://www.aseansec.org>. • Bielawska, A 2008, State Church Relations, unpublished. • Blood, P 1994, ed. Pakistan: A Country Study. Washington: GPO for the Library of Congress, viewed 5 May 2008, <http://countrystudies.us/pakistan/>. • Haqqani, H 2004, The Role of Islam in Pakistan’s Future, The Washington Quarterly • 28:1 pp. 85– 96, viewed 4 May 2008 <http://www.twq.com>. • Infopak.gov.pk n.d., Information of Pakistan, Basic facts, viewed 4 May 2008, <http://www.pak.gov>. • Kasuri, KM 2007, in Foreign Office Year Book 2006-7, Message from the Minister of Foreign Affairs, viewed 10 May 2008, <http://www.mofa.gov.pk>. • Pakistan 2008, In Encyclopædia Britannica, viewed 6 May 2008 <http://www.britannica.com>. • Pakistani Student Association 2008, National Emblem, viewed 10 May 2008, < http://www.utdallas.edu>. • Ministry of Foreign Affairs 2007, Foreign Office year Book 2006-7, viewed 10 May 2008, <http://www.mofa.gov.pk >. • Ministry of Foreign Affairs 2008b, Pakistan Foreign Relations 2003- • 4, Year Book, viewed 10 May 2008, <www.mofa.gov.pk >. • Ministry of Foreign Affairs 2008a, Pakistan: Brief Introduction, viewed 4 May 2008, <http://www.mofa.gov.pk >. • The Constitution of the Islamic Republic of Pakistan 1973, viewed 4 May 2008, <http://www.pakistanconstitution-law.com>. • Witte, G 2007, Bhutto Assassination Sparks Chaos, Washington Post Foreign Service, 28 December; Page A01, viewed 6 May 2008, <http://www.washingtonpost.com> .
Editor's Notes
- Pakistan was first established on August 14 in 1947. Before this time the nation belonged to the area of land colonised as British India. In 1947 Pakistan became an independent nation as did India. Pakistan was founded by lawyer and politician Muhammad Ali Jinnah, who was a member of the Muslim League and believed in upholding Muslim political power. Next slide
- Today in the Islamic Republic of Pakistan approx. 97% of the population are Muslim, with the majority, with 77% identifying as Sunni-Muslim and 20% as Shi-a-Muslim. The remaining 3% of the population identify as Christian, Hindu, Sikh or under other beliefs. Next slide
- The Government in Pakistan is a Federal Democracy. The Government is made up of a bicameral federal legislature containing 2 houses: the Upper House is the Senate and the Lower House is the National Assembly. The President is the head of State and must be a Muslim to take this position. The President is elected by an electoral college consisting of members from the 2 governmental houses. The President may serve for 2 consecutive terms, each lasting 5 years. The Prime Minister is the head of Government and appointed by the President from the members of the National Assembly. The Prime Minister is additionally assisted by the Federal Cabinet, which is made up of Federal and non-Federal Ministers and Advisers. Next slide
- The Senate has 104 seats, of which 92 come from the 4 Provinces, and the 4 come from Islamabad and the 8 Tribal Areas. Women are allowed approximately 20% of seats in the Senate and are able to contest the general seats as well. The National Assembly has 342 seats; of these women are allocated 60 seats and non-Muslims 10 seats. Next Slide
- The President usually acts on the advice of the Prime Minister but also has residual powers to act alone and dissolve the National Assembly, thereby removing the Prime Minister, as he sees necessary. This aspect of government was established during the time of former President Muhammad Zia-ul-Haq’s in 1985 as part of the 8th Amendment of the Constitution, which gives the president absolute power. This may occur if the President believes that a the Prime Minister can no longer lead the National Assembly or a situation arises in which the government cannot operate in accordance with the Constitution. Next Slide
- Pakistan’s position regarding Jammu & Kashmir is in accordance with the UN Security Council Resolutions that state the developments and changes to be made in this region will be made according to the will of the people. Pakistan is committed to this position until a resolution can be found between Pakistan, India and the people of Jammu & Kashmir. The struggle for Kashmir began in 1947 when Pakistan and India became independent states and the Hindu ruler of Kashmir refused to join India. The Muslim population then overthrew their leader and established an independent government. Pakistan wants to work with the Kashmiri people as well as India in reaching a sustainable solution and is receptive to the goals of the Kashmiri people. Pakistan is also willing to take a bilateral approach in working with India in order to begin constructive dialogues regarding Jammu & Kashmir. Next Slide
- President Musharraf says Pakistan is a peaceful country, but a strong national defence is important in maintaining peace. President Musharraf also believes that the defence force in Pakistan is necessary to support the economic development of the country. The President believes in democracy and is leading Pakistan towards the goal of becoming a ‘progressive, moderate and Islamic State’ Next Slide
- In accordance with Pakistan’s foreign policy as stated by Muhammad Ali Jinnah, Pakistan’s Ministry of Foreign Affairs (2008a) affirms that Pakistan pursues a policy of seeking friendly relations with all countries and upholds the five principles of peaceful co-existence. These are: (Next slide)
- The Military is a long standing force within politics in Pakistan. Many of the Presidents have served in the Army and become Generals. There have also been many military overthrows of government during the time since Pakistan’s independence. The current head of State is General Pervez Musharraf, who was never elected as President but came to power after a military take-over of government in 1999. President Musharraf led the nation as both a governmental and military leader for many years before both national and international pressures pushed him to resign as Army Chief of Staff on November 28th 2007. Next Slide
- President Zia also increased the involvement of Islam in the Pakstani Government in a 1984 Referendum where he asked the people of Pakistan if they were in favour of the enforcement of Sharia or Islamic Law. The result of this Referendum can be seen in the Shariat or Islamic Court, which enforces laws relating to Islam and assesses whether State laws comply with Islam. Next Slide
- Read from slide To support and facilitate these principals Pakistan is an active member of the: (Next slide)
- Next slide
- In 2007, the Minister of Foreign Affairs, Kurshid Kasuri, acknowledged the turmoil and insecurity of Pakistan over the previous five years. He stated that amidst the turmoil, Pakistan ‘remained focused on the promotion of regional and international peace and security as well as the economic and social development of the country and welfare of its people.’ Adding that as a result of their skillful navigation during this period of ‘turbulence’ Pakistan has managed to maintain and improve relations with its neighbors and major world powers (Kasuri 2007, p.3). During this period, with the objective of building peaceful relations with its neighbors, Pakistan has initiated and participated in many negotiations and actions. To name a few, Pakistan has: (Next slide)
- Joined the international coalition against terrorism; Initiated dialogue with India to resolve the outstanding dispute over Kashmir; Supported initiatives and contributed to reconstruction efforts in Afghanistan; Deployed forces to counter the challenge of extremism on the border of Afghanistan and Pakistan’s tribal areas; Deepened relations with the US to promote cooperation in fields including economic development, science and technology, education, energy and strategic dialogue; Taken the initiative, in the area of non-proliferation, of dismantling the AQ Khan network in the country; Maintained and developed ongoing relations with other foreign entities such as: China, Iran, Russia and Japan; as well as Continued to enjoy close friendly relations with their ‘brotherly Islamic countries including Turkey and special relations with Gulf countries in particular with Saudi Arabia and United Arab Emirates (UAE)’ (Kasuri 2007, p.3-4). Now we move onto the role of Islam in Pakistan…(next slide)
- Islam is the official state religion of Pakistan officially endorsed by the government and the people (Bielawska, A 2008, pp.1-2). Both the Pakistan flag and State Emblem depict Pakistan’s profound commitment to Islam. The crescent moon and the five pointed star, evident on both, is symbolic of the Islamic world and the acknowledgment of the rights of religious minorities (Infopak.gov.pk n.d.). Islam is based on the holy scripture of the Quran and the Sunnah, which plays a pivotal role in Muslim social organisation and values (Blood 1994). The relationship between the state, Islam and the people of Pakistan is written into The Constitution of the Islamic Republic of Pakistan 1973. Next slide. Next slide.
- The adherence to Islam is written into the Preamble of the constitution in the ‘name of Allah, the most Beneficient, the most Merciful’, and, there are several articles that prescribe to specific provisions laid down by the state for the Muslims of Pakistan. Next slide
- Article 31, relates to supporting the Muslims of Pakistan in the Islamic way of life. This includes the provision of facilities and the compulsory teaching of the Holy Quran and Sunnah, as a means of promoting unity and the observance of Islamic moral standards. Article 40, relates to the strengthening of bonds with other Muslim countries based on Islamic unity and the promotion of international peace and security. Article 41, states the minimum requirements of an elected president, which include that he must be a Muslim. Next slide
- Article 227, provides that all existing laws are brought into ‘conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah’. Article 228, provides for the establishment of a council of Islamic ideology (the Islamic Council) and the responsibilities of the president in relation to the establishment of the members of the Islamic Council. Article 229, refers to the provision that members of parliament may seek advice from the Islamic Council on matters regarding proposed law and whether they are compatible to the Injunctions of Islam. Article 230, provides for matters referring to the functions of the Islamic Court. Next slide
- Initially, Islam was established as the state ideology as a means of distinguishing Pakistan’s identity as separate from predominantly Hindu India. Thus, Islam was used as the basis for the creation and the unification of a separate state, but it was not expected to serve as a model for government. In contemporary Pakistan, Islam remains an important element of national identification and has become a central issue in Pakistan’s politics (Blood 1994; Haqqani 2004, pp.87-9). Next slide
- While there are many areas of conflict in Pakistan, a major source relates to an ideological division over the role of Islam in national life. Some factions argue that the Islamic ideology is essential to bind its culturally diverse people together. However, others argue that the insistence on Islamic ideology, in opposition to regional demands as expressed in secular and cultural idiom, has alienated regional groups and eroded national unity (Pakistan 2008). Next slide
- The ideology of Islam is deeply rooted in Pakistan’s history with close links to the ambitions of the Pakistani military and the Pakistani elite’s world view (Haqqani 2004, p.85). Over the years, military rule has fomented the religious military presence in Pakistan, encouraging political and radical Islam to the point where Islamists have gained disproportionate influence over the country’s overall direction. In this way, Islam is being used as the means of achieving a common bond and unity in a country where the population remains fractured by ethnic and linguistic differences (Haqqani 2004, pp.91-96). Next slide
- Thus, while Islamic ideology remains important in Pakistan, the implications exacerbated by military rule and fundamentalism complicate Pakistan’s political situation and reduce its ability to be identified as a functional modern state.