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amendments to constitution

amendments to constitution

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Published by contemporaryamksmk

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Published by: contemporaryamksmk on Jan 13, 2008
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09/10/2010

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INTRODUCTION
This is an attempt to consolidate all relevant information relating to theamendments made in the Constitution of Islamic Republic of Pakistan, for the benefit of those interested in this history.In its age of 25 years, the Constitution, that was adopted in April, 1973, hassuffered 36 amendments; 12 times by the Acts of Parliament and 24 times throughPresidential Orders. In the seventies, within a span of 4 years since its inception, 7amending Acts were passed by the Parliament. Second phase started in 1979, after theSupreme Court recognized the power of then President to amend it. Since 1979 till therevival of democracy in 1985, a couple of dozen Presidential Orders were issued to amendthe Constitution, from time to time. Third era started soon after restoration of democracyand 5 amending Acts have been passed since then. Two amending Bills died in the processof legislation. Two more are yet in process.The book comprises 3 parts. The first part gives a summary of theamendments; second part consists of a glossary with clausewise detail of amendments, andthe third contains the text of amending Acts and Orders. Two valuable documents viz:accord reached between the Parliamentary Parties before making of the Constitution aboutits framework and Report of the Constitution Committee have also been included in thebook. These two documents provide the basic structure of the Constitution. They may behelpful in gathering the intension of the Constitution makers to interpret any of itsprovisions.The book may be of special interest for parliamentarians, politicians, thosein legal profession, and scholars. But since the Constitution affects life of every citizen inthe country, the book may be useful for everyone.
 
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PART ISUMMARY OF AMENDMENTS
 
3
PART ISUMMARY OF AMENDMENTS
The Constitution of Islamic Republic of Pakistan 1973 was unanimouslyadopted by the then National Assembly of Pakistan on April 12, 1973 when it was signedby the President of the Assembly. But soon after the enactment of the Constitution, it had toundergo a series of amendments which included minor and major amendments. Seven suchamendments were made from May 8, 1974 to January 4, 1977, six by the NationalAssembly that passed the Constitution, and the seventh by the next assembly, that had ashort life, on May 16, 1977.Martial Law was proclaimed by the then Chief of Army Staff, GeneralMuhammad Zia-ul-Haq on 5th July, 1977. The 1973 Constitution remained the supremelaw of the land, subject to the condition that certain parts thereof had been held in abeyanceon account of State necessity. The Supreme Court of Pakistan recognized the right of theChief Martial Law Administrator to perform all such acts or legislative measures whichwere in including the power to amend it, in Begum Nusrat Bhutto Vs. Chief of Army Staff and Federation of Pakistan. This enabled the then Chief Martial LawAdministrator/President to make series of amendments by issuing amendment Ordersduring the period from February, 1979 to January, 1985. Finally major amendments weremade through the Revival of Constitution Order on 17th March 1985. These amendmentschanged the whole complexion of the 1973 Constitution.In 1985, general elections were held on non-party basis. The NationalAssembly came into being as a result of these elections. This Assembly made amendmentsby the Constitution (Eighth Amendment) Act, 1985.The Constitution (Ninth Amendment) Bill was passed by the Senate in 1986and was transmitted to the National Assembly. It was examined by a Select Committee of the Assembly but before presentation of its report, the Assembly was dissolved and the Billcould not become an Act.

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