Refreshing The Memory By Evoking The Previous Knowledge: The Objectives Resolution The Resolution was moved by Liaquat Ali Khan, 1st Prime Minister of the Islamic Republic of Pakistan, and approved on March 12, 1949. The Objectives Resolution: i) was the first constitutional document that proved to be the ‘roadmap’, ‘foundation’ and ‘framework’ of the future constitutional developments (1956, 1962, 1973) in Pakistan.

THE CONSTITUTIONS OF PAKISTAN 1956,1962 AND 1973: TOPIC THE CONSTITUTIONS OF PAKISTAN 1956,1962 AND 1973: Comparative Analysis of Constitutional Provisions and Contemporary Amendments to the Constitution of 1973

Definition of Constitution Constitution is document that contains set of fundamental rules about: i) Functioning of governments: Federal & provincial ii) Distribution of powers between branches of government: Legislature, Judiciary & Executive iii) Rights and obligations of citizens Nationality: United States Fields: Political Science Institution: New York University Known for: Expert on voting systems, Parliamentary Affairs and Constitution (Steven Brams)

Features of Constitution Constitution is the Supreme Law It specifies how the government will be constituted. It lays down limits on the powers of the Govt. It tells about the rights and duties of the citizen. It expresses the aspirations of the people about creating a good society.

1-Introduction S.NO Variable 1956 1962 1973 1 Key Role (Ruler) Ch. Muhammad Ali Ayub Khan Z.A. Bhutto 2 Enforcement 23rd March 08 June 14th August 3 State System Federal 4 Form of Govt. Parliamentary Presidential 5 Federal Legislature Unicameral Bicameral 6 Remained in force 1958 1969 Till date 7 Number of Articles 234 250 280

2-Common Islamic Provisions S.NO Islamic Provision 1956 1962 1973 1 Country’s Name Islamic Republic of Pakistan (after 1st Amendment) 2 Sovereignty: Supreme Power Belongs to Almighty Allah 3 President Must be Muslim President + PM must be Muslim 4 Islamic Law No law will be enforced contradictory to Quran and Sunnah Existing Laws will be brought into conformity of Islam 5 Islamic Institutions Organization of Islamic Research Islamic Ideology Council Islamic Research Institute 6 Quranic and Islamic Teachings Compulsory 7 Elimination of Riba Riba will be eliminated as soon as possible -

3-Additional Islamic Provisions in the Constitution of Pakistan 1973 S. No Islamic Provision 1 Religion Islam 2 Definition of Muslim Belief in : Tauheed, Prophet-hood, Angels, Revealed Books, Day of Judgment and to profess faith in the finality of Prophet-hood 3 Teaching of Arabic and Printing of Quran Compulsory 4 Islamic Values Islamic Environment was promised 5 Islamic Society Through Islamic Law and Institutions 6 System of Zakat and Usher to eradicate poverty and to distribute wealth

Articles (Provisions) of the Constitution of Pakistan 1973: Difference between theory and practice Article 9: Security of Person: No person shall be deprived of life or liberty, save in accordance with law. The statement of Article 25 A is as follows: “The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law”.

Amendment and Procedure Amendment is only made by Parliament, so for 21 amendments have been made to the constitution of Pakistan 1973. Procedure of Amendment: Amendment draft has been framed Amendment Bill is Presented in Parliament Debate Voting- passed by 2/3 majority President consent Implementation

Important Amendments in the constitution of Pakistan 1973

8th Amendment: Powers shifted to President Passed in 1985 during Zia-ul-Haq government Earlier the President was required to act on the advice of the PM, Now the President was empowered to ask the PM to consider such an advice. President to dissolve the NA while the Governors could dissolve the Provincial assemblies. Article 58 (2)(B) President had the power to appoint Governors and key figures with the consultation of the PM. However, the consultation was not binding.

13th Amendment: Powers shifted to Parliament Passed in 1997 and reversed the changes made in 8th amendment (Nawaz Government). Omission بھول of the Article 58 (2)(B). The power of the president to make key appointments was curtailed کم. The advice of the PM became a binding and not consultation.

17th Amendment (2003) Musharraf Government Gave credibility to Musharraf’s actions through vote of confidence. President to consult with the PM while it wasn’t a binding. Revival of 58 (2)(B). President had the powers to make key appointments. The President and the Governors to appoint the caretaker govt in case of the dissolution of the NA or the Provincial Assemblies.

18th Amendment (2010) Decentralization of federal powers and resources to provinces by amending 102 Articles of Constitution. * Amendment to Article 6 seeks to pre-empt military coups in future * Article 58(2b) to be revoked, substituted with ‘Dissolution of National Assembly’ * Total strength of cabinet should not exceed 11% of total membership of parliament * Governor should be a resident and registered voter of his/her province, he/she would be appointed by president on prime minister’s advice * Amendment to Article 157 says federal government must consult provincial government before installing hydroelectric power stations in any province * NWFP will be renamed ‘Khyber-Pakhtoonkhawah’ * State will provide free, compulsory education to children aged between 5 and 16 years  * Amendments to Clause 1 seek substitution of ‘Baluchistan’ with ‘Balochistan’, ‘Sind’ with ‘Sindh’ * Insertion of clause sought to bar persons acquiring citizenship of foreign country from contesting elections to parliament

19th Amendment (2011) The Tribal Areas, adjoining Laki Marwat and Tank districts, are declared to be part of FATA. Prime Minister was included in the appointment procedure of judges

20th Amendment (2012) Amendment is about care taker set-up , and appointment of ECP, CEC

21st Amendment (2015) The amendment sought to setup speedy trial Military Courts for offences relating to terrorism, waging of war against Pakistan and prevention of acts threatening the security of Pakistan. The duration of such courts would be two years. The decision to amend the constitution came after the 2014 Peshawar school massacre

22nd Amendment (yet not passed) The political parties could not reach a consensus over the 22nd Amendment in the Constitution during the meeting chaired by Prime Minister (PM) Nawaz Sharif regarding elimination of horse trading in elections. Pakistan People’s Party (PPP) and Jamiat Ulema-e-Islam-Fazl (JUI-F) refused to endorse the Amendment.

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Explanatory Slides

List of Prime Ministers of Pakistan Total Proministers: 19 1. Liaquat Ali Khan (1896 – 1951) In Office: 14 August 1947 – 16 October 1951 Status: Elected democratically Political Party: Muslim League Total Duration: 4 Years, 2 Months, 2 Days 2. Sir Khawaja Nazimuddin (1894 – 1964) In Office: 17 October 1951 – 17 April 1953 Total Duration: 2 Years exactly 3. Muhammad Ali Bogra (1909 – 1963) In Office: 17 April 1953 – 12 August 1955 Total Duration: 2 Years, 2 Months, 26 Days 4. Chaudhry Muhammad Ali (1905 – 1980) In Office: 12 August 1955 – 12 September 1956 Total Duration: 1 Year, 1 Month exactly

5. Huseyn Shaheed Suhrawardy (1892 – 1963) In Office: 12 September 1956 – 17 October 1957 Status: Elected democratically Political Party: Awami League Total Duration: 1 Year, 1 Month, 5 Days 6. Ibrahim Ismail Chundrigar (1898 – 1968) In Office: 17 October 1957 – 16 December 1957 Political Party: Muslim League Total Duration: 1 Month, 29 Days 7. Sir Feroz Khan Noon (1893 – 1970) In Office: 16 December 1957 – 7 October 1958 Political Party: Republican Party Total Duration: 9 Months, 21 Days 8. Nurul Amin (1893 – 1974) In Office: 7 December 1971 – 20 December 1971 Political Party: Pakistan Muslim League Total Duration: 13 Days Only 9. Zulfikar Ali Bhutto (1928 – 1979) In Office: 14 August 1973 – 5 July 1977 Political Party: Pakistan Peoples Party Total Duration: 3 Years, 10 Months, 21 Days

List of Presidents of Pakistan Total Presidents: 12 Iskander Mirza (1899–1969) In Office: 23 March 1956 – 27 October 1958 Total Duration: 2 Years, 7 Months, 4 Days Status: Elected democratically Political Party: Republican Party 2. Ayub Khan (1907–1974) In Office: 27 October 1958 – 25 March 1969 Total Duration: 10 Years, 4 Months, 26 Days Status: Military Dictator Political Party: None 3. Yahya Khan (1917–1980) In Office: 25 March 1969 – 20 December 1971 Total Duration: 2 Years, 8 Months, 25 Days 4. Zulfikar Ali Bhutto (1928–1979) In Office: 20 December 1971 – 13 August 1973 Total Duration: 1 Year, 7 Months, 24 Days Political Party: Pakistan Peoples Party

Federal Structure/System

Federal Legislature: Parliament Parliament of Pakistan National Assembly Senate

The Constitution of Pakistan

Example of Constitutional Article Article: 1 The Republic and its territories 1. The Republic and its territories.—(1) Pakistan shall be a Federal Republic to be known as the Islamic Republic of Pakistan, hereinafter referred to as Pakistan. 1[(2) The territories of Pakistan shall comprise—] (a) the Provinces of 2[Balochistan], the 2[Khyber Pakhtunkhwa], the Punjab and 2[Sindh]; (b) the Islamabad Capital Territory, hereinafter referred to as the Federal Capital; (c) the Federally Administered Tribal Areas; and (d) such States and territories as are or may be included in Pakistan, whether by accession or otherwise. 1[(3)] Omitted. 1[(3) 3[Majlis-e-Shoora (Parliament)] may by law admit into the Federation new States or areas on such terms and conditions as it thinks fit.]