COMPARATIVE PUBLIC ADMINISTRATION MPA 503 LECTURE 27 CONSTITUTION OF PAKISTAN

HISTORICAL BACKGROUND THE 1956 CONSTITUTION OFFICIAL NAME:THE ISLAMIC REPUBLIC OF PAKISTAN PARLIAMENTARY SYSTEM WITH PRIME MINISTER AS CHIEF EXECUTIVE UNICANERAL LEGISLATIVE ASSEMBLY OBJECTIVES RESOLUTION WAS MADE PART OF THE DOCUMENT AS PREAMBLE

HISTORICAL BACKGROUND THE 1962 CONSTITUTION EVOLVED UNDER GEN. AYUB KHANS GUIDANCE MADE THE FOLLOWING CHANGES IT CHANGED THE NATURE OF GOVERNMENT TO A PRESIDENTIAL TYPE THE PRESIDENT WAS GIVEN SWEEPING POWERS A SYSTEM OF BASIC DEMOCRATIC UNITS WASINTRODUCED

FEATURES OF 1973 RESOLUTION WRITTEN CONSTITUTION LIKE THE PREVIOUS CONSTITUTIONS OF 1956 AND 1962, THE CONSTITUTION OF 1973 IS A WRITTEN DOCUMENT. IT IS VERY COMPREHENSIVE AND CONSISTS OF TWELVE PARTS CONSISTING OF 280 ARTICLES.

FEATURES OF 1973 RESOLUTION INTRODUCTORY AND THE OBJECTIVES RESOLUTION IT COMMENCES WITH AN INTRODUCTORY WHICH STATES THE ISLAM SHALL BE STATE RELIGION. THE PRINCIPLES AND PROVISIONS SET OUT IN THE OBJECTIVES RESOLUTION HAVE BEEN MADE SUBSTANTIVE PART OF THE CONSTITUTION.

FEATURES OF 1973 RESOLUTION RIGID CONSTITUTION IT IS A RIGID CONSTITUTION. NO GOVERNMENT CAN CHANGE IT AT WILL. IT IS NOT EASY TO MAKE AMENDMENTS IN IT SINCE TWO- THIRD MAJORITY OF BOTH THE HOUSES IS REQUIRED FOR THIS PURPOSE.

FEATURES OF 1973 RESOLUTION FEDERAL SYSTEM THE CONSTITUTION OF 1973 HAS INTRODUCED A FEDERAL SYSTEM IN THE COUNTRY. THE FEDERATION OF PAKISTAN CONSISTS OF A CENTRAL GOVERNMENT AND FOUR PROVINCIAL GOVERNMENTS. THE FEDERAL GOVERNMENT IS HEADED BY A PRESIDENT ELECTED BY MEMBERS OF MAJLIS-E-SHOORA (PARLIAMENT)

FEATURES OF 1973 RESOLUTION PARLIAMENTARY FORM OF GOVERNMENT THE 1973 CONSTITUTION PROPOSES A PARLIAMENTARY FORM OF GOVERNMENT IN THE COUNTRY. PRIME MINISTER IS THE HEAD OF THE PARLIAMENTARY SYSTEM. HE IS LEADER OF THE MAJLIS-E-SHOORA (PARLIAMENTARY). HE IS ELECTED ON DIRECT ADULT FRANCHISE BASIS. THE PRIME MINISTER SELECTS A CABINET OF CENTRAL MINISTERS FROM THE MEMBERS OF PARLIAMENT WHICH CONDUCTS THE AFFAIRS OF THE COUNTRY. ACCORDING TO 1973 CONSTITUTION THE PRIME MINISTER ENJOYS WIDE POWERS.

FEATURES OF 1973 RESOLUTION. BICAMERAL LEGISLATURE THE CONSTITUTION PROVIDES FOR THE ESTABLISHMENT OF A BICAMERAL LEGISLATURE IN PAKISTAN. THE MAJLIS-E-SHOORA (PARLIAMENT) CONSISTS OF TWO HOUSES NAMED SENATE AND NATIONAL ASSEMBLY. THE NATIONAL ASSEMBLY COMPRISES OF342 SEATS WITH 10 SEATS RESERVED FOR THE NON-MUSLIMS AND 60 SEATS RESERVED FOR WOMEN.

. BICAMERAL LEGISLATURE THE SENATE OR HIGHER HOUSE WAS INTRODUCED IN THE 1973 CONSTITUTION SENATE HAS 100 MEMBERS 14 MEMBERS ARE ELECTED FROM EACH PROVINCE,8 ARE ELECTED FROM FATA,4 FROM THE FEDERAL CAPITAL,4 WOMEN ARE ELECTED BY EACH PROVINCIAL ASSEMBLY AND 4 TECHNOCRATS INCLUDING ULEMA ARE ALSO ELECTED BY EACH PROVINCIAL ASSEMBLY THE MAJLIS-E-SHOORA ENJOYS WIDE POWERS OF LEGISLATURE.

FEATURES OF 1973 RESOLUTION DIRECT METHOD OF ELECTION THE CONSTITUTION OF 1973 GIVES A DIRECT METHOD OF ELECTION. THE MEMBERS OF THE NATIONAL ASSEMBLY, THE PROVINCIAL ASSEMBLIES ARE DIRECTLY ELECTED BY THE PEOPLE.

FEATURES OF 1973 RESOLUTION FUNDAMENTAL RIGHTS THE 1973 CONSTITUTION ENSURES THE FOLLOWING FUNDAMENTAL RIGHTS TO THE CITIZENS OF PAKISTAN: SECURITY OF PERSON SAFEGUARD AGAINST UNLAWFUL ARREST AND DETENTION PROHIBITION OF SLAVERY AND FORCED LABOR FREEDOM OF MOVEMENT FREEDOM OF ASSEMBLY FREEDOM OF ASSOCIATION FREEDOM OF BUSINESS FREEDOM OF SPEECH

FEATURES OF 1973 RESOLUTION FREEDOM OF PROFESS RELIGION RIGHT TO HOLD PROPERTY EQUALITY BEFORE LAW RIGHT TO PRESERVE LANGUAGE, SCRIPT AND CULTURE SAFEGUARD AGAINST DISCRIMINATION IN SERVICES.

FEATURES OF 1973 RESOLUTION. THE CONSTITUTION OF 1973 HAS SET THE FOLLOWING PRINCIPLES OF POLICY: LOCAL ELECTORAL BODIES WILL BE SET UP FOR SOLVING LOCAL PROBLEMS. THE PAROCHIAL AND OTHER PREJUDICES SHALL BE DISCOURAGED. THE WOMEN SHALL BE GIVEN FULL REPRESENTATION IN ALL SPHERES OF NATIONAL LIFE. SOCIAL JUSTICE SHALL BE PROMOTED. BONDS WITH MUSLIM WORLD SHALL BE STRENGTHENED.

FEATURES OF 1973 RESOLUTION INDEPENDENCE OF JUDICIARY THE CONSTITUTION OF 1973 STRESSES UPON THE ESTABLISHMENT OF AN INDEPENDENT JUDICIARY. FULL JOB SECURITY HAS BEEN PROVIDED. THE JUDGES ARE APPOINTED BY THE PRESIDENT. THEY CANNOT BE REMOVED FROM SERVICE BEFORE THE END OF THEIR TERM EXCEPT ON THE RECOMMENDATION OF THE SUPREME JUDICIAL COUNCIL. IN ADDITION THE JUDGES ARE PAID RESPECTABLE SALARIES.

FEATURES OF 1973 RESOLUTION NATIONAL LANGUAGE THE 1973 CONSTITUTION HAS DECLARED URDU AS THE NATIONAL LANGUAGE OF PAKISTAN. HOWEVER ENGLISH HAS BEEN RETAINED AS THE OFFICIAL LANGUAGE FOR 15 YEARS. SIMILARLY REGIONAL LANGUAGES HAVE BEEN PROVIDED FULL PROTECTION

FEATURES OF 1973 RESOLUTION RULE OF LAW THE 1973 CONSTITUTION ESTABLISHES RULE OF LAW IN PAKISTAN. ACCORDING TO RULE OF LAW NO PERSON CAN BE DEPRIVED OF HIS FUNDAMENTAL RIGHTS. ALL THE CITIZENS OF PAKISTAN ARE EQUAL BEFORE LAW.

FEATURES OF 1973 RESOLUTION High Treason According to the Constitution of 1973 the act of unconstitutional abrogation of the Constitution has been declared as an act of High Treason. Referendum The Constitution of 1973 has authorized the President to hold Referendum on any national issue. Similarly the Prime Minister can ask the President to hold referendum on any important national issue.

RULES OF BUSINESS UNDER THE CONSTITUTION, THE EXECUTIVE AUTHORITY OF THE FEDERATION EXTENDS TO ALL MATTERS IN RESPECT OF WHICH PARLIAMENT HAS THE RIGHT TO MAKE LAWS; ON RECOMMENDATIONS OF THE FEDERAL GOVERNMENT. PARLIAMENT MAY BY LAW, CONFER ON OFFICERS AND AUTHORITIES SUBORDINATE TO THE FEDERAL GOVERNMENT. OTHER INSTRUMENTS MADE AND EXECUTED IN THE NAME OF THE PRESIDENT ARE TO BE MADE BY THE FEDERAL GOVERNMENT. THE FEDERAL GOVERNMENT MAY ALSO REGULATE THE ALLOCATION AND TRANSACTION OF ITS BUSINESS, AND MAY, FOR THE CONVENIENT TRANSACTION OF THAT BUSINESS, DELEGATE ANY OF ITS FUNCTIONS TO OFFICERS OR AUTHORITIES SUBORDINATE IT.

FEDERAL LEGISLATIVE LIST THE FEDERAL LEGISLATIVE LIST CONSISTS OF TWO PARTS: PART I AND PART II. THERE ARE IN ALL 59 SUBJECTS IN PART I AND EIGHT SUBJECTS IN PART II: IN ALL 67 SUBJECTS. SOME OF THE MORE SIGNIFICANT SUBJECTS IN PART-I OF THE FEDERAL LEGISLATIVE LIST INCLUDE DEFENSE AND DEFENSE ESTABLISHMENTS, CONDUCT EXTERNAL AFFAIRS, MATTERS PERTINENT TO NATIONALITY, MIGRATION FROM AND EMIGRATION INTO PAKISTAN, TELEPHONES, TELECOMMUNICATION, AND THE FEDERAL PUBLIC SERVICE COMMISSION.

CONTINUED ALSO FEDERAL OMBUDSMAN, EDUCATION ABROAD OF FOREIGN STUDENTS IN PAKISTAN, NUCLEAR ENERGY, LIGHT HOUSE, NAVIGATION, CARRIAGE GOODS, STOCK EXCHANGE, FISHING, ELECTIONS TO THE OFFICE OF PRESIDENT; NATIONAL ASSEMBLY, PROVINCIAL ASSEMBLY ETC. SOME OF THE MORE SIGNIFICANT SUBJECT IN PART-II OF THE FEDERAL LEGISLATIVE LIST WHERE A FEDERATION- PROVINCE CONSULTATIVE AND COORDINATIVE MECHANISM THROUGH THE COUNCIL OF COMMON INTERESTS HAS BEEN PROVIDED, INCLUDE RAILWAYS, MINERAL OIL, NATURAL GS, AND THE DEVELOPMENT OF CERTAIN SPECIFIED INDUSTRIES. THE PROVINCIAL ASSEMBLY HAS THE EXCLUSIVE POWER TO MAKE LAWS WITH RESPECT TO ANY MATTER NOT BORNE ON THE FEDERAL OR CONCURRENT LEGISLATIVE LISTS.

Concurrent Legislative List THE CONCURRENT LEGISLATIVE LIST CONSISTS OF 47 SUBJECTS, SIGNIFICANT AMONG THEM : CRIMINAL LAWS, CRIMINAL PROCEDURES, CIVIL PROCEDURE, MARRIAGE, EVIDENCE, AND DIVORCE, BANKRUPTCY, ARBITRATION, CONTRACTS, TRUSTS, TRANSFER OF PROPERTY, ARMS, FIREARMS, AND AMMUNITION, EXPLOSIVES, SOCIAL WELFARE, LABOR WELFARE, ARCHAEOLOGY, EDUCATIONAL CURRICULA AND SYLLABI, STANDARDS, ISLAMIC EDUCATION, SANCTIONING OF FILMS AND EXHIBITIONS, LEGAL, MEDICAL AND OTHER PROFESSIONS IN CASE OF REPUGNANCY OR CONFLICT BETWEEN A FEDERAL LAW AND A PROVINCIAL LAW, THE FEDERAL LAW SHALL PREVAIL.

NATIONAL FINANCE COMMISSION THE CONSTITUTION ALSO PROVIDES FOR THE CONSTITUTION OF A NATIONAL FINANCE COMMISSION COMPOSED OF THE FEDERAL FINANCE MINISTER, THE PROVINCIAL FINANCE MINISTERS, AND SUCH OTHER PERSONS AS MAY BE APPOINTED BY THE PRESIDENT AFTER CONSULTING THE GOVERNORS. THE NATIONAL FINANCE COMMISSION IS CHARGED WITH THE DUTY TO MAKE RECOMMENDATIONS TO THE PRESIDENT AS TO: (a)THE DISTRIBUTION BETWEEN THE FEDERATION AND THE PROVINCES OF THE NET PROCEEDS OF THE FOLLOWINGS: (i)TAXES ON INCOME (ii)TAXES ON SALES AND PURCHASES

CONTINUED (i)EXPORT DUTIES ON COTTON AND SUCH OTHER EXPORTS (ii)SUCH DUTIES OF EXCISE AS MAY BE SPECIFIED BY THE PRESIDENT (iii)SUCH OTHER TAXES AS MAY BE SPECIFIED BY THE PRESIDENT (B ) THE MAKING OF GRANTS-IN-AID BY THE FEDERAL GOVERNMENT AND THE PROVINCIAL GOVERNMENTS (C) THE EXERCISE BY THE FEDERAL GOVERNMENT AND THE PROVINCIAL GOVERNMENTS OF THE BORROWING POWERS CONFERRED BY THE CONSTITUTION. (D) ANY OTHER FINANCIAL MATTER REFERRED TO THE COMMISSION BY THE PRESIDENT.

AMENDMENTS SINCE 1974 TILL 2012, THERE HAVE BEEN 20 AMENDMENT BILLS THAT WERE INSERTED IN THE CONSTITUTION. THE LATEST ARE THE EIGHT (1985) AND SEVENTEENTH AMENDMENT (2004) WHICH CHANGED THE GOVERNMENT FROM A PARLIAMENTARY SYSTEM TO A SEMI-PRESIDENTIAL SYSTEM SYSTEM

AMENDMENTS HOWEVER IN 2010, THE EIGHTEENTH AMENDMENT REVERSED THE MAJOR LEGISLATION EFFORTS MADE IN 1985 AND 2004, AND EFFECTIVELY REDUCE PRESIDENTIAL POWERS, RETURNING THE GOVERNMENT TO A PARLIAMENTARY REPUBLIC IT ALSO DEFINING ANY ATTEMPT TO SUBVERT, ABROGATE, OR SUSPEND THE CONSTITUTION AS AN ACT OF HIGH TREASON.

SUMMARY THE CONSTITUTION PROVIDES FOR A PARLIAMENTARY FORM OF GOVERNMENT SUPREMACY OF THE PARLIAMENT IS ENVISAGED PARLIAMENT COMPRISES OF TWO HOUSES,THE NATIONAL ASSEMBLY AND THE SENATE NATIONAL ASSEMBLY CAN BE DISSOLVED BY THE PRESIDENT ONLY ON ADVICE OF THE PRIME MINISTER SENATE IS A PERMANENT INSTITUTION AND NOT SUBJECT TO DISSOLUTION SINCE ALL MEMBERS ARE NOT ELECTED SIMULTANEOUSLY NATIONAL ASSEMBLY IS THE POWERFUL HOUSE IN PAKISTAN EXECUTIVE IS ANSWERABLE TO LEGISLATURE A POWER FUL PRIME MINISTER HAS BEEN PROVIDED FOR FERERAL AND CONCURRENT LEGISLATIVE LISTS NFC