Abrogation of the constitution ► 1962 Constitution was abrogated on March 26,1969 when General Ayub Khan resigned and handed over the control of the Government.

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Constitutional Development Of Pakistan since 1947 to the present

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Presentation transcript:

Abrogation of the constitution ► 1962 Constitution was abrogated on March 26,1969 when General Ayub Khan resigned and handed over the control of the Government to Yahya Khan, who declared Martial Law and abrogated the Constitution.

1973 Constitution

► Promulgated on 14 August,1973. Written Constitution ► Prefaced a preamble and consist of 280 articles, arranged in 12 parts, and six schedules.

Rigid Constitution ► Only amended by 2/3 majority of Parliamentarians. Permanent Constitution. ► Obedience of Constitution is the basic obligation of every citizen of Pakistan. ► Abrogation or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.

► Provisions of Fundamental rights ► Guarantees Fundamental rights. ► Federal Structure of State. ► Parliamentary form of Government. ► Bicameral Legislature. ► Independent Judiciary. ► Islamic Provisions.

The Islamic Provisions ► Constitution begins with the definition of Islam. ► Pakistan is a federal Republic, to be known as Islamic Republic of Pakistan. ► Islam shall be the State Religion of Pakistan. ► Makes the definition of a Muslim. ► The President and the Prime Minister shall be Muslims believing in the oneness of God, the Book of Allah and the last Prophet-hood of Muhammad(PBUH)

► Includes Objective resolution. ► The Council of Islamic Ideology shall be set up. ► Friday as holiday. ► Prohibition of Alcohol and Gambling. ► Islamiyat and Pakistan Studies as Compulsory Subjects upto graduation level. ► Federal Shariat Court through 8 th amendment. ► Zakat and Ushar(1980) ► Hadood Ordinance.(1977) ► Salat Committees

The President ► Head of State. ► Should be a Muslim. ► Not less than 45 years of age. ► To be elected by Parliament and Provincial assemblies for a term of 5 years. ► Could be removed only by the Parliament by impeachment for gross misconduct,physical or mental disability and for violation of the Constitution.

► Can address and Dissolve the assembly on advice of Prime Minister. ► Can summon the session of Parliament. ► Power to appoint the Governors, Attorney General, Chief Election Commissioner, Auditor General, Chief Justice, Chiefs of Staff of Army, Air Force, Navy.

► Head of Armed Forces. ► Emergency Powers. ► Can assume executive powers of the Provinces ► Power to pardon, commute of sentences. ► Chairman of Senate will be acting President in case of incapacitation or absence.

Legislature ► Bi-Cameral Legislature ► National Assembly and Senate ► 345 Total seats of National Assembly. ► 18 years voter age. ► 25 years Candidate age. ► At least three sessions of National Assembly in a year.

► The assembly to choose Speaker and Deputy Speaker from its own members in its first session. ► Life of Assembly is 5 years but could be dissolved by the President on advice of Prime Minister earlier. ► Senate consisted of total of 104 members on basis of proportional representation from Provinces.(14 general+5 technocrats from each Province),8 FATA,3 capital territory.

Prime Minister and Cabinet ► Leader of House and Head of the Government. ► Elected by National assembly after 30 days of general elections ► Must enjoy the confidence of National Assembly. ► Real executive authority vested in the Prime Minister. ► He is fully empowered to appoint/dismiss his Ministers/Cabinet ► Collectively responsible to the National Assembly.

Federal Structure ► Comprised of  Four Provinces:-Punjab,Sind,NWFP and Baluchistan  The Islamabad Capital territory  The Federal administered tribal Areas.  Such states and territories as are or may be included in Pakistan whether by accession or otherwise. ► Autonomy for Provinces. ► Residuary powers were given to Provinces.

► Federal govt. provides security to Provinces in any case. ► Provinces are bound to follow Federal government’s decisions. ► Machinery for harmonious relations between Center and Provinces:-  The Council of Common Interests  National Economic Council  National Finance Commission.

Judiciary ► Independence of Judiciary was guaranteed. ► Supreme Court:- Headed by Chief Justice with 6 judges. ► Judges could hold office till the age of 65. ► Had original as well as appellate jurisdiction. ► Can take any step to ensure Justice ► Power to review any judgment or any order made by it. ► Head of Judiciary.

► High Court:-  Each Province had a High Court,  consisted of Chief Justice and other Judges.  Appointed by the President of Pakistan with consent of Chief Justice of Pakistan.

Fundamental rights ► All Fundamental rights are guaranteed under the Umbrella of Judiciary.

Amendment of Constitution ► Constitution can be amended only by 2/3 majority of members of National Assembly. ► The constitution has been amended 20 times till now.

Major amendments ► ► Redefined the boundaries of Pakistan and removed references to East Pakistan.(1 st )PakistanEast Pakistan ► ► Declared the status of Ahmadis as minority and as 'non- Muslim‘.(2 nd )Ahmadisminority ► ► 3 rd, 4th, 5th, 6 th amendments were relating the judiciary. ► ► Enables the Prime Minister to obtain a vote of confidence of the people of Pakistan.(7 th )Prime Ministervote of confidence

► Changed Pakistan's government from a Parliamentary system to a Semi-presidential system by giving the President a number of additional powers.(8 th ) ► Stripped the President of Pakistan of his reserve power to dissolve the National Assembly of Pakistan, and thereby triggering new elections and dismissing the Prime Minister.(13 th ) ► For prevented Floor crossing (14 th )

► Made changes dealing with the office of the President and the reversal of the effects of the Thirteenth Amendment.(17 th ) ► Removed the power of President of Pakistan to dissolve the Parliament unilaterally.(18 th ) ► Related to the appointment of chief justice.(19 th ) ► For Free and Fair Elections.(20 th ) ► For Speedy Trial Military Court to deal with terrorism. (21)