Fir st Republi c

First constitution of1956

Feat ures
         Nature Federation Parliamentary System Uni-Cameral Legislature Independence of Judiciary Directive Principles Fundamental Rights Islamic provisions Official Language

Caus es of the F ailure o f 1 956 constitut io n he period of 2 years, which was not enough to tset  It was enforced for t
       the utility of a constitution. Insincerity on the part of politician sabotage the system Elections could not be held under the new constitution. Martial Law was imposed in oct,1958 & it was declared that the parliamentary democracy has failed, when even the fresh elections were not held. Political bargaining, shifting party affiliation and promoted instability. After martial law, the political parties were banned Chief of the army Muhammad Ayub Khan became chief of Martial law administrator Sikandar Mirza quit the presidency and Ayub Khan became the president. The Rapid Recap of the Failure      Leadership Crisis Lack of political Training Role of Political parties Economic Instability Lack of Democratic values

The New Governmental Set up
 The Government set up a constitution commission with justice Shahab-ud-Din as its chief for giving the recommendations for the new constitution.  the commission examine the causes of the failure of parliamentary democracy  The commission presented the report in 1961  The new constitution was made and enforced after keeping in view the report of the commission.  The new constitution incorporated some of the patterns of the old constitution with the new modifications  Parliamentary form was replaced by the presidential form of Govt  Islamic provisions were to be inducted.  The second constitution was to be implemented on first may 1962

Second R epublic19 62 Cons tit ution of P akista n

Feat ures
         Nature of the Constitution Method of Amendment Federal system Presidential System Unicameral legislature Indirect election Role of the Judiciary Islamic Provisions Fundamental rights and Principles of policy

Imposit ion o f Mart ial Law
 The regime seems satble apparently but hollow from within as there wasn’t any public particiaption in the political system.  The forces of disintegration gained strength.  Ultimately people stood up against the government and demanding the restoration of parliamentary system, direct elections.  The people of 3 provinces of West Pak except the Punjab were against the One Unit formula, and most of the Pol-Parties demanded its abolition.  The critics of One Unit along with the Pol-Parties organized the demonstrations against the government with violence and terrorism.  Consequently the bad law and order situation emerged.

Round Tabl e Conferen ce  To get out of the tense situation Ayub khan called Conference comprising
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To get out of the tense situation Ayub khan called Conference comprising the representative of all Pol-Parties, the conference was to be called ‘ROUND TABLE CONFERENCE’. Shiekh Mujeeb-ur-Rehman was at that time in jail in a conspiracy case against the solidarity of the state. But he was released on the protest of his workers in East Pakistan At the same time some of the parties started agitation (JALAO GHERAO) against the government after rejected the govt call for the dialogue. Despite of the prevailing condition of law and order, govt decided to organized another round of the talk and it was decided that national elections would be held on the basis of ‘one man one vote’. Through this way the parliamentary democracy would be restored. But the sharp differences remained unresolved. Shiekh Mujeeb presented his ‘SIX POINT FORMULA’ which was unacceptable for West Pakistan to accept and therefore anarchy further prevailed. Presidency Ayub Khan transferred his powers to Yahya Khan, who was the commander in Chief of the armed forces, who imposed ,Martial Law on 25th March 1969. All legislative assemblies were dissolved and the constitution was abrogated. Yahya Khan gave the statements to restore Adult Franchise and repeal the ONE UNIT, therefore he promulgated the ‘LEGAL FRAME WORK ORDER’ indicating the basic principles on which the future constitution was to be framed.

LEG AL FR AM EWO RK ORDE R of he Islamic Ideology  The protection
Federal system comprising all regions of Pakistan Independence of Judiciary Security of fundamental rights Adult suffrage Maximum provincial autonomy with strong centre. Equal opportunities for the participation in national life. Economic inequaliotites ina ll regions shall be eliminated  The salient features of the new constition was also discused in 1971, but it was flopped cause of the dismemberment of EAST PAKISTAN.       

Causes of FAI LURE
         No Popular Constitution Presidential Dictatorship Absence of Checks and balances Provincial Autonomy Curtailed Indirect System Election Absence of Fundamental Freedom Dark aspect of Basic Democracies One party Rule Promotion of Secularism

Reviva l Of representati ve Syst em

 President Agha Yahya Khan announced new elections in1969, which was held in 1970 on the basis of ‘One man One vote’, because of the Cyclones in East Pak.  According the LFO, the total strength of the NA was to be 313 out of which 13 seats were reserved for women.  The strength of Provincial assemblies was determined according to the ratio of population of the respective provinces.  In the result of the elections, Awami League got a sweep victory in NA and that of Provincial Assembly, where as PPPemerged as the biggest part in WEST Pak.

 Shiekh Mujeeb-ur-Rehman insisted on the attainment of provincial autonomy and constitution formation on the basis of Six Points Formula.  Mujeeb demanded the session of assembly should be submitted, however Z.A Bhutto wanted to resolve the issue before the summon of assembly.  Ultimately, when 3rd March was being decided for the session of assembly Z.A Bhutto boycotted the session Yahya Khan called a meeting of 12 leaders to resolve the issues but Mujeeb has already started the CIVIL DISOBEDIENT MOVEMENT and demanded an immediate transfer of power to the elected govt.  AWAMI LEAGUE had started the demonstrations in big cities with its terrorist wing ‘Mukti Bahni’ and the military operation had been started.  This mass movement was supported by India, therefore the physical link in between EAST and WEST wing were cut.  India took the full benefit of the prevailing internal crisis and a war continued in b/w India and pak. Finally the Pak army surrendered on East Pak Front.

East P ak ist an Crisi s

Forma tion of Repres entativ e Govt

 Bhutto was abroad to represent Pak in the Security Council of United Nation, when the ceasefire was being made in 1971 war.  On his arrival Mr yahya resigned from the presidency and transferred the powers of president and that of Chief Martial Law Administrator to Z.A Bhutto.  Martial Law was withdrawn on 21st day of the same month.  But the effords were continued under Mian Muhmood Kasuri who was the law minister, the third constitution was implemented on 14th august 1973.

Protest movem en t
        Under 1973 constitution, the elcteions of the NA held on 7th march 1977, in which PPP got victory. The opposition alleged that the ruling party had won the seats through rigging of the elections. The opposition parties with their alliance called “PAKISTAN NATIONAL ALIANCE”. Therefore the PNA, the electiions to provincial assemblies were being bycottedand massive demonstartion was started. To settle the tense condition, the longest duration in Paki’s history was arrived , compromise was arrived at many issues but he agenda was yet to be there to chalked out. The condition was still tense and the military intevened and Zia-ul-Haq imposed Martial law on 5th July 1977. Z.A Bhutto was dismissed along with the provincial governors and ministers. All the powers concentrated in a military Council, comprising Chiarman Joint Chief of Staff and the Chiefs of Three armed forces.

Th e co nst itutio nal Issues
 The court announced its unanimous decision on 10th Nov 1977, and rejected the writ of Habeas Corpus filed by Mrs Bhutto.  On 5th July, the imposition of Martial Law was to be given a legal cover by saying that’it was a indispensable and justified as law of necessity”.

Revi val o f C onst ituti on Order 1985
 The constitution which was imposed on 5th July 1977 was partially revived under the presidential oerder1985.  Certain changes were being made a) distribution of powers b/w President and PM. b) Qualifications of the members of Parliament. c) Total strength and method of elections. d) Powers of provincial governors.

TH E CONS TI TU TI ON O F 3 Rd Rep ublic .
      Introduction Republic and its territories The preamble Nature of the constitution Method of amendment Federal syatem

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Parliamentary Form Bi-Cameralism Rule of Law Islamic Ideology Principles of Policy Fundamental Rights Direct Method of Election Economic Justice

 Official Language  Single Citizenship  Holding of referendum

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