333881660-Critical-Analysis-of-Constitutions-of-Pakistan.pptx

1. Critical Analysis of Constitutions
of Pakistan
Presented By:
Raja Ali Haider (10572)
M Hassan Ali Khan (10585)
M Aitsam Ahmad (10570)

2. Constitution
• A body of fundamental principles or
established precedents according to which a
state or other organization is acknowledged to
be governed.

3. CONSTITUTION OF PAKISTAN
• The Constitution of Pakistan is the supreme law of
Pakistan. There have been several documents known
as the Constitution of Pakistan. The Constitution of
1973 is the existing constitution, which provides for a
parliamentary system with a President as head of state
and popularly elected Prime Minister as head of
government. Pakistan has a bicameral legislature that
consists of the Senate (upper house) and the National
Assembly (lower house). Together with the President,
the Senate and National Assembly make up a body
called the Majlis-i-Shoora (Council of Advisors) or
Parliament.

4. CONSTITUTION HISTORY OF PAKISTAN
• 1. A COLONIAL CONSTITUTION:
GOVERNMENT OF INDIA ACT, 1935
• 2. THE CONSTITUTION OF 1956
• 3. THE CONSTITUTION OF 1962
• 4. THE CONSTITUTION OF 1973 -- THE
EXISTING CONSTITUTION

5. A Colonial Constitution: Government
of India Act, 1935
• After independence, we needed at that time a
constitution. We adopted interim constitution
of 1935.The first Constituent Assembly
originally consisted of 69 members;
subsequently the number of members was
increased to 79 (including 44 from East
Bangal).

6. Objective Resolution
• The first big step in the framing of a
constitution for Pakistan was taken by the
Constituent Assembly on 12 March 1949,
when it passed a resolution on the Aims and
Objectives of the Constitution', popularly
known as the Objectives Resolution. It laid the
foundation of the constitution and indicated
the broad outline of its structure. The
resolution was moved by Liaquat Ali Khan, the
first Prime Minister of Pakistan.

7. Constitution of 1956
• After nine years of efforts, Pakistan was
successful in framing a constitution in 1956.
The Constituent Assembly adopted it on 29
February, 1956, and it was enforced on 23
March, 1956, proclaiming Pakistan to be an
Islamic Republic. The Constitution was lengthy
and detailed; it contained 234 articles divided
into thirteen parts and six schedules.

8. The Constitution of 1956
• It contained 234 articles divided into thirteen parts and six
schedules.
• There will be Parliamentary system.
• Prime Minister will have more power than President.
• President cannot dismiss Prime Minister until he get vote
from National Assembly and then he can dismiss Prime
Minister. Otherwise not.
• 5 years duration of stay in power for both Prime Minister
and President.
• There will be one house parliament. (No Senate)
• Governor will have more power than Chief Minister of
province.

9. Contd.
• There will be 310 seats in Constituent Assembly,
in which (150,150) for men of both East and West
Pakistan and (5, 5) for women in both states.
• There will be Federal system. Power will be
dividing. There will be no central control.
• The name Islamic Republic of Pakistan was
selected for the state of Pakistan.
• Only a Muslim could be qualified for election as
President.

10. The First Martial Law and the
Abrogation of the Constitution
• On 7 October 1958, President Iskandar Mirza
staged a coup d'état. He abrogated the 1956
constitution, imposed martial law and
appointed General Mohammad Ayub Khan as
the Chief Martial Law Administrator and Aziz
Ahmad as Secretary General and Deputy Chief
Martial Law Administratorion of the political
system in Pakistan.

11. Contd
• President General Ayub Khan appointed a Commission on
17 February 1960 to report on the future political
framework. The Commission was headed by the former
Chief Justice of Pakistan, Mr. Mohammad Shahabuddin,
and had ten other members, five each from East Pakistan
and West Pakistan, composed of retired judges, lawyers,
industrialists and landlords. The report of the Constitution
Commission was presented to President Ayub on 6 May
1961 and thoroughly examined by the President and his
Cabinet. In January 1962, the Cabinet finally approved the
text of the new constitution. It was promulgated by
President Ayub on 1 March 1962 and finally came into
effect on 8 June 1962. The Constitution contained 250
articles divided into twelve parts and three schedules.

12. The Constitution of 1962
• The Constitution contained 250 articles divided into twelve parts
and three schedules.
• Constitution was Presidential in nature.
• Power belongs to President.
• One house Parliament. (National Assembly)
• The preamble of the Constitution of 1962 was based on the
Objectives Resolution.
• Baldiyati system was introduced. In which district council advisories,
Thana committees, Tehsil and Local committees are included at
Rural and Urban level. There will be devolution of power. Their
representatives will choose by themselves for National Assembly
members.
• There will be 312 seats in Constituent Assembly, in which (150,150)
for men of both East and West Pakistan and (6, 6) for women in
both states.

13. Contd.
• There will be Federal system. But there was central power.
• Chief Minister will have more power than Governor of
province.
• Political Party Act: All political parties were banned.
• Only a Muslim could be qualified for the election as
President.
• Teaching of the Quran and Islamiyat to the Muslims of
Pakistan was made compulsory.
• Proper organization of Zakat, Auqaf, and Mosques was
ensured.
• Practical steps were to be taken to eradicate what were
seen as social evils by Islam, such as the use of alcohol,
gambling, etc.

14. The Second Martial Law
• The second martial law was imposed on
March 25, 1969, when President Ayub Khan
abrogated the Constitution of 1962 and
handed over power to the Army Commander-
in-Chief, General Agha Mohammad Yahya
Khan. On assuming the presidency, General
Yahya Khan acceded to popular demands by
abolishing the one-unit system in West
Pakistan and ordered general elections on the
principle of one man one vote.

15. The Constitution of 1973
• New Constitution is Parliamentary in nature.
• The name 'Islamic Republic of Pakistan' is selected for the state of
Pakistan.
• Islam is declared as the state religion of Pakistan.
• Steps shall be taken to enable the Muslims of Pakistan, individually
or collectively, to order their lives in accordance with the
fundamental principles and basic concepts of Islam.
• Steps shall be taken to make the teaching of the Holy Quran and
Islamiyat compulsory, to encourage and facilitate the learning of
Arabic language and to secure correct and exact printing and
publishing of the Holy Quran.
• Proper organization of Zakat, Auqaf and Mosques is ensured.

16. Contd.
• The state shall prevent prostitution, gambling and
consumption of alcohol, printing, publication, circulation
and display of obscene literature and advertisements.
• Only a Muslim could be qualified for election as President
(male only) and Prime Minister (male or female). No
restriction as to religion or gender on any other post, upto
and including provincial governor and Chief Minister.
• The Second Amendment (wef 17 September 1974) of the
1973 Constitution declared for the first time the Qadianis
or the Lahoris as non-Muslims, and their leader, Mirza
Ghulam Ahmed Qadian, who had styled himself as a so-
called prophet of Islam, as a fraudster and imposter Nabi.

17. Causes of Failure of Constitutions
Constitution of 1956
• Lack of Leadership
• Lack of Political Training
• Delay in Elections
• Non Existence of Economic Equality
• Lack of State Parliamentary System
• Role of President
• Role of Army and Bureaucracy
• Lack of Education
• One Unit

18. Contd.
Conclusion
• To conclude, it can be stated that constitutional history
of Pakistan reveals that there has been a political
conflict between head of state and head of
government, and such political conflict this often led
the country to political anarchy. And constitutions of
Pakistan have either abrogated or suspended in such
political anarchy. As far as constitution of 1956 was
concerned, it consisted of some positive
characteristics, but such political anarchy caused not
only its abrogation, but also failure of its parliamentary
system.

19. Causes of failure of
Constitution of 1962
• Constitution given by one man
• Absence of Check and Balance
• Indirect Elections
• Lack of Provincial Autonomy
• Political Causes
• Negation of Islamic Ideology
• 1965 War
• Increase of Political Crises
• Unpopular Presidential System
• Presidential Dictatorship
• Policy of Suppression of Fundamental Rights

20. Contd.
Conclusion
• To conclude, it can be stated that main objective
of constitution of 1962 was not to give nation a
real democratic constitution, but its objective was
to keep military rule continued under its
umbrella. Although it worked for military regime,
yet it failed to gain popularity among common
masses. Its unpopularity finally caused not only
its failure, but also failure of its presidential
system.

21. Silent Features of Constitution of
1973
• To conclude that the 1973 constitution of Islamic Republic
of Pakistan is a democratic state, parliamentary with
bicameral legislature in its nature. It is the constitution of
elected people. All major political parties of Pakistan
unanimously accepted it. Minorities also have safeguard
and fundamental rights in such constitution.
• With regard to provincial rights the 1973 constitution was
in fact the most centralized of Pakistan's various
constitutions. The Government of India Act of 1935, which
Pakistan adopted as its first working constitution, granted
the federal government 96 items of power. The 1956
constitution reduced that number to 49, and this was
retained in the 1962 constitution. In 1973, however, it was
then enlarged to 114.