Subject: Constitutional development and Pakistan politics

Roll No: 04
Name: Sehrish Zaman

Question 1.

Why Objective Resolution is called manga Carta?

Answer:

Concept of Magna Carta:-

The Objectives Resolution was passed as a result of his efforts and it had been referred to
as an excellent manifesto (Magna Carta), that made-up the method for creating of the
Constitution of Asian nation. Whereas holding the workplace of Prime Minister, Liaquat
Ali Khan worked seriously, thoughtfully and with understanding.

Objective resolution of 1949 was given to negate the stately and international
conspiracies lifted right once the formation of Asian nation to create the nation laic,
however sadly this resolution wasn't that abundant mentioned. Liaquat Ali khan created it
clear that this resolution is not any but a Magna menu for the longer term constitutional
build up of Asian nation. Having an in depth and intellect eye on this resolution shows
that it had been even not solely within the contest of the then scenario of the planet
however conjointly in contest of the bitter references and happenings of history
associated with theocracy and school of thought. He filtered out the confusion of
theocracy by giving reference that, it's and has been a haul of Christian’s majority areas
particularly that of Europe (Christian Club) United Nations agency suffered the cruelties
of theocracy within the middle Ages.

If anyone talks of Theocracy within the context of presidency of Asian nation, he has
either some misgiving or intends badly to discredit North American country. Adequate
provision shall be created for the minorities to profess and follow freely their religions
and develop their cultures. Fundamental rights together with equality of standing, of
chance, social, economic and political justice, freedom of thought, expression, belief,
faith, worship and association, subject to law and public morality. It is God consciousness
alone which might save humanity, which implies that every one power that humanity
possesses should be utilized in accordance with moral standards that are arranged down
by galvanized academics acknowledged to North American country because the nice
Prophets of various religions, Formidable options, no but a paradigm, are supported
equality, democracy, freedom, Tolerance and social justice.

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 Subject: Constitutional development and Pakistan politics
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Name: Sehrish Zaman
Pakistan won't solely beware of minorities however conjointly those of backward and
laden folks in the present constitution of Pakistan quota system is operating that is that
the manifestation of this explicit point. In Asian nation, there'll be no margin of
Machiavelli’s (Machiavelli was associate degree western political intellect basic
cognitive process in absolute and cruel use of power. ‘Prince’ is that the name of his
book)

Here his views ,according to the target resolution, closely indicate that objective
resolution isn't all concerning sensible voters however sensible kinsmen, not like western
democracy, which, once minimizing faith from their way of life and politics, confronted
and absorbed such a large amount of economic and social evils moreover. We have an
excellent record in tolerance, for underneath no system of presidency, even within the
Middle Ages, have the minorities received identical thought and freedom as they did in
Muslim countries. Once Christian dissentients and Muslims were being tortured and
driven out of their homes, after they were being afraid as animals and burnt as criminal
even criminals haven't been burnt in monotheism society Islam has shown
accommodation, within the history, for the minorities by accommodating Jews Diaspora
from Europe to Ottoman Empire. Equally Muslims supported the interpretation of Hindu
spiritual philosophy or writings into Bengali language.

INTERNATIONAL REACTION:-

After passing of this resolution, mental confusion was shown by the 2 superpowers as
Asian nation was one in all the biggest Muslim inhabited countries and will have up
because the model of a real not solely Muslim however monotheism state on the map of
the planet, Communist-minded leaders in Asian nation showed a reservation that it'd
cause resurrect within the Muslim majority, Central Asian States. On the opposite hand,
Americans felt Islam, being substitution of capitalist economy and communism, as a
threat and that they tried to urge some changes during this resolution by exploitation their
influence that was powerfully criticized by Muslim elite group.

Minister of law and founding father of Indian constitution, Dr. R. Ambedkar, got reborn
into Buddhism because of the sham school of thought of Bharat, and anon, in early
Eighties, a Sikh nationalist, SantJarnail Singh Bhindranwale, demanded to get rid of the
Indian constitution clause vocation, Sikhs ar from Hindus/Hinduism .This demand
suddenly met a conflict and Indian prime minister ordered to attack the golden temple to
kill all the Sikhs having shelter there. Later on, in revenge, Mrs. Gandhi was killed by her
2 bodyguards in 1984. Real astonishing purpose up here was that, Americans didn't raised

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 Subject: Constitutional development and Pakistan politics
Roll No: 04
Name: Sehrish Zaman
their fingers towards most of the Arab countries wherever kingdom rule was the way of
life up to the intense of autarchy and in several of the countries it still is that the case. It is
pertinent to say that some folks vulnerable the govt. of Liaquat Ali Khan that if Asian
nation becomes declared religious/Islamic state, then may additionally become Hindu
state whereas India was a rustic with the population of all the religions not solely of the
region however those of the planet. Therefore Bharat had to become laic accidentally not
by alternative, as twenty nada population of Bharat was non-Hindu, whereas in Asian
nation solely two were non-Muslim. So, joint proportion of East and West-Pakistan of
non-Muslim folks was no far more than 6 June 1944. Therefore excuses and reservations
on the difficulty of minorities wasn't a giant deal in Asian nation.

Conclusion:-

Today is that the death day of remembrance of 1st Prime Minister of Asian nation
Shaheed-e-Millat Liaquat Ali Khan. This present day reminds North American country of
Liaquat Ali Khan’s exemplary struggle and nice love for Asian nation. the state ought to
follow principles set by Shaheed-e-Millat Liaquat Ali Khan and use energies to create
Asian nation a developed and prosperous country. On this present day, the full nation
pays tribute to Shaheed-e-Millat for his services. Liaquat Ali Khan sacrificed his
everything for Pakistan proving that he was actually loyal to Pakistan and his terribly
effective role in freedom struggle may ne'er be forgotten.

Liaquat Ali Khan effectively diode the Muslims as an in depth confidant of Quaid-e-
Azam Muhammad Ali solon. The Quaid-e-Azam acknowledged the capabilities of
Shaheed-e-Millat by spoken communication,” Liaquat Ali is my manus. He spent day and
night in fulfilling his responsibility. Though he's a Nawabzada however he's employed as
a normal human being”. After the dying of Quaid-e-Azam, Liaquat Ali Khan
consummated the responsibility of leading the state and used his best leadership qualities
for building the new nation.

The Objectives Resolution was passed as a result of his efforts and it had been referred to
as an excellent pronunciamento (Magna Carta), that made-up the method for creating of
the Constitution of Asian nation. While holding the workplace of Prime Minister, Liaquat
Ali Khan worked seriously, thoughtfully and with understanding. whether or not it had
been the difficulty of rehabilitation of refugees or relations with alternative countries,
Liaquat Ali Khan showed nice ability and political sagacity in these matters. We should
adopt the principles of Shaheed-e-MillatLiaquat Ali Khan and utilize all energies for the
event and prosperity of Asian nation whereas following in his footsteps.

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Subject: Constitutional development and Pakistan politics
Roll No: 04
Name: Sehrish Zaman

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 Subject: Constitutional development and Pakistan politics
Roll No: 04
Name: Sehrish Zaman

Question 2.

What are the causes of delay in making first constitutions of Pakistan?

Answer:

On August fourteenth, 1947, West Pakistan was engraved out on the map of the globe for
the Muslims of India so as so they might board peace and harmony, in step with the
principles of Islam, unengaged to pursue all non secular and worldly endeavors in a very
country of their own. This choked with hope and nationalistic fervor the folks of West
Pakistan were unable to completely notice the dream of their own personalized utopian
state attributable to a range of devastating crises plaguing the new born state. From the
issues of the refugees to the incapacitating water and food shortage to the failing health of
the daddy of the state and high lack of capable political leaders at the helm of the state,
the resultant is that the ominous delay in constitution-making caused serious problems
that were to plague West Pakistan for the year to come back. the dearth of accord
between the two wings of the state altogether matters starting from the connection
between Islam and also the state to the problem of choosing the national language causes
West Pakistan to be while not constitution for nearly 9 years and in a very state of
perpetual political chaos and instability. two constitutions and diverse heads of state later,
in 1973 a constitution was developed that had been the merchandise of a democratically
no appointive law makers. However, it did not produce balance of power between the
assorted branches of presidency and particularly the balance between the powers of the
military and also the government.

We are job it first report as a result of the BPC ready over one report so we tend to are
job it first and 2d report then on so we are able to establish the various efforts created by
the BPC. So the first report was given to the constituent assembly in 1950 and this report
made public sure broad and key principles, it had been not framing the constitution, it had
been distinctive sure broad principles. That was to functions the idea and foundations of
the constitution.

Let Maine mention sure recommendations that the BPC, s first report of 1950 created so
you have got an inspiration concerning the sort of system they wished to introduce in
West Pakistan.

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 Subject: Constitutional development and Pakistan politics
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Name: Sehrish Zaman
Initial vital recommendation by the BPC report was that the target Resolution would be
enclosed within the constitution of West Pakistan because the directive principles of
policy as guideline of political views.

Another vital recommendation was that the pinnacle of the state that was to be named
because the president was to be no appointive by the joint session of the parliament for 5
years; it means someone might hold the presidential workplace for 5 years. The president
was given some discretionary powers and sure alternative classes of power were
suggested to be allotted to the president. Though the authority was to be exercised by the
PM.

Thus for because the legislation was involved the first report had suggested that there'll
be 2 houses the higher house and also the lower house and also the principle suggested
here for the composition for the 2 houses was that the higher house all provincial units
have equal illustration and within the case of lower house recommendation was to lean on
the idea of population, it means if a province have a lot of population it'll have a lot of
illustration and therein case Asian nation had a lot of population than Pakistan and it had
a lot of illustration within the lower house. thus for as powers were involved powers were
equally divided between the 2 houses that meant that each homes had same quite powers

Cupboard and also the PM were to be answerable to each homes of the parliament.

During this means it tried to produce sure basic principles, but this report was silent on
the problem of National Language what would be the National Language of West
Pakistan the report was silent and it didn’t create any quite recommendation.

Criticism:-

When this report was given to the Constituent Assembly there was criticism within the
house and outdoors the house one basic criticism was on the problem of illustration that
was a vital issue the constituent assembly had to cope with and here we tend to see that
on the question of illustrations there was a criticism that if you offer equal illustration to
all or any the units of a federation then the Western half had a lot of illustration as a result
of the western half had a lot of units and there was just one unit in East geographic area.
Therefore the feeling was that the Western half would have a lot of illustration. Then
there have been number of alternative problems that were raised within the constituent
assembly with relation to the first report. as an example the problem of equal powers to
each homes the overall principle is that the lower house has a lot of powers and also the
higher house has less powers that's the quality principle within the parliamentary system

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 Subject: Constitutional development and Pakistan politics
Roll No: 04
Name: Sehrish Zaman
of presidency however here each homes had equal powers thus this was criticized and so
the problem of national language that it ought to same one thing concerning national
language.

Now keeping seeable this criticism it had been set that the BPC can review the report
within the light weight of points raise and criticism within the constituent assembly.
Therefore the constituent assembly deliberated on this so the points raised within the
constituent assembly and outdoors may be incorporated and also the report is created a lot
of acceptable to the representatives. Thus it reviewed the recommendations and brought
back the revised or the second report.

Second BPC Report 1952:-

The 2d report or the revised report typically followed a similar principles however it tried
to accommodate the criticism created on report and that i can offer you only 1 or 2
examples for instance my purpose that what quite changes it created within the 1st report.

One issue was the question of illustration however ought to totally different provinces of
West Pakistan one province within the Japanese wing and over one province or the
executive units within the Western half ought to be provided illustration. Therefore the 2d
report followed the principle of equal illustration to each wings of West Pakistan.60
members from the Japanese wing and sixty members from the Western wing or the
Western half and so these sixty seats allotted to the western half were any divided among
the various provinces of the western half. a similar principles applied to the lower house
two hundred seats got to the Western half and two hundred seats for the Japanese half and
so Again the western seats were any divided among varied provinces conjointly totally
different body units within the western a part of West Pakistan.

A lot of powers were to lean to the lower house the house that represents the people who
was given a lot of responsibility.

It conjointly stressed that in West Pakistan law creating would be n accordance with the
principles of Islam. This was in a very means a mirrored image of the target Resolution
wherever sovereignty over entire universe had been allotted to Almighty Allah and it had
been to be exercised by the state of West Pakistan through the representatives of the folks
inside the boundaries prescribed by Him and there would be no law that violates the
principles and teachings of Islam.

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 Subject: Constitutional development and Pakistan politics
Roll No: 04
Name: Sehrish Zaman
So as to facilitate that it had been conjointly set that associate board comprised of five
spiritual students was official United Nations agency would advise on the matter of law
creating in accordance with the principles and teachings of Islam.

2nd report was conjointly silent on the problem of national language. But it undoubtedly
accommodated some demands, the problem of illustration the concern that the Asian
nation would dominate Pakistan was care off.

Criticism:-

However there was criticism that why equal illustration. Within the case of the first report
some were speech communication equality and here some were speech communication
why equality had been created. However the 2d report accommodated the problems that
were raised within the first report. This report was declared against the principles of
federation. The Pakistan favored equality just for higher house. Whereas the report was
being discuss there was a political crises in West Pakistan. PM Nazimuddine was off
from his workplace thanks to these crises and also the new PM Ch.Muhammed Ali
became the new PM.

Third Report (Muhammad Ali Bogra Formula) 1953:-

Ch. Muhammad Ali and his team deliberated on all the problems a report that referred to
as third report however typically in Pakistani history it's called because the Muhammad
Ali Formula as a result of MAB was the PM and beneath his leadership a brand new set
of proposals was prepared that he delineated to the Constituent assembly and thus it's
typically describe because the Muhammad Ali Formula for the constitution creating.

This formula was given in October 1953 revised the initial proposals within the lights of
the comments and criticism and it adopted a unique procedure for providing illustration
to totally different units of West Pakistan. It set that within the case of higher house
there'll be equal illustration to all or any the units of Pakistan and for this purpose
Pakistan was divided into 5 units’ one unit was Asian nation and 4 units were in Pakistan
and every unit was given equal illustration it means within the higher house ten members
were from Japanese half and forty members were to come back from the four units of
Pakistan.

In the lower house a lot of illustration was given to Japanese half as a result of that had a
lot of population than the western half. Thus in step with this formula a hundred sixty
five seats got to Asian nation and from the western half the strength of the members was

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 Subject: Constitutional development and Pakistan politics
Roll No: 04
Name: Sehrish Zaman
a hundred thirty five and this was the appliance of principle of illustration on the idea of
population. thus during this case the quality principle of political orientation was
followed that's within the higher house the units of federation got equal illustration and
within the lower house the units are delineated on the idea of population.

However there’s a novel feature here though the quality principle of political orientation
is followed however whenever the parliament met in a very joint session there was parity
or equality between the 2 wings of West Pakistan. Let Maine justify this within the case
of Japanese West Pakistan it had ten members within the higher house and a hundred
sixty five within the lower house the entire were a hundred seventy five. In the case of
Western half there have been four units every causing ten members and total forty
members and within the within the lower house Pakistan was to send a hundred thirty
five members and total members from Pakistan were a hundred seventy five, thus it's the
principle of parity or equality once the parliament meet in a very joint session.

There was another provision provided during this formula that though choices were to be
created by the bulk vote however this call couldn't be effective unless a minimum of half-
hour of members from each zones take favor of this, thus half-hour members from each
wings are needed to own majority for any law creating. During this means this proposal
incorporated the principle of parity with lay to rest dependence. Parity in a very sense that
just in case of joint session each wing have equal illustration. Reciprocality that half hour
member from each wings are enclosed within the needed majority for any law creating.
Thus in alternative words one wing couldn't compass away what it wished, it had to hunt
the support of the opposite facet, thus parity and reciprocality are inbuilt the system
through this proposal.

Criticism:-

This proposal provided for equal powers to each homes and that they may additionally
take up problems in joint session. This proposal was received with bigger welcome but
there was some criticism. There have been bound points mentioned here by the members
were, one issue was that it absolutely was providing for immoderately complicated
method. You divide Western half into four units and Japanese half in one unit then the
allocation of seats that's to be done parity at the joint session level so half-hour clause,
thus some folks were oral communication and a few newspapers were writing articles
that this is able to become an advanced method. However usually this proposal was
accepted though there was criticism up here and there within the parliament and out of
doors the parliament.

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 Subject: Constitutional development and Pakistan politics
Roll No: 04
Name: Sehrish Zaman
Another issue that attracted some criticism was the difficulty of equal powers to each
homes and a few folks were oral communication that since the lower house represents the
folks thus lower house ought to have a lot of powers however during this proposal each
homes got equal powers. Another vital live throughout this era that expedited the
constitution creating was the settlement of the language issue. In 1954 he Constituent
Assembly of Pakistan set that the Bengali and Urdu would be the national languages of
Pakistan. This call expedited the constitution creating method. The acceptance of 2
languages helped to take the controversies that had emerged in constitution creating.
During this approach this issue amicably settled to the satisfaction of most political
leaders and political parties.

After this the Constituent Assembly devoted itself toward the creating of the constitution
and also the drafting of the constitution started that's by the summer of 1954 all the
essential principles had been in agreement to by the CA and drafting had started and if
truth be told by Oct 1954 strength of the constitution had been written by the committee
or cluster of individuals ,constitutional consultants, legal consultants UN agency were
drafting the constitution, and it absolutely was assumed that terribly shortly the draft
constitution would be given to the constituent assembly that might deliberate on that
discuss the draft and build changes if needed and ultimately the constitution would be
approved and it absolutely was expected that terribly shortly West Pakistan would have
its own constitution.

However a sudden development within the same month Oct 1954 created a state of affairs
that delayed constitution creating which development was on twenty four Oct 1954 GG
Ghulam Muhammad set to dissolve the CA of West Pakistan physical exertion his
powers because the GG. He argued that the CA of West Pakistan had been managing the
constitution for an extended time, that the CA came into existence on August 1947 and
this was October 1954 and his argument was that this CA wasn't able to build the
constitution and it had build the constitution creating a perpetual method thus he may use
his powers to dissolve the CA, that mean that the entire effort to form the constitution
came into a standstill. Dissolution of the CA additionally meant that the govt. of PM
Muhammad Ali Bogra came to associate degree finish however the GG asked him to line
up a replacement government including some recent ministers and a few new ministers
and during this approach constitution creating was delayed.

One results of this dissolution of the CA of Pakistan by the GG was that this matter was
taken to the superior judiciary foe adjudication; the president of the CA at that point
Maulvi Tameezuddin affected the case 1st to Sind chief court so to the judicature of

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 Subject: Constitutional development and Pakistan politics
Roll No: 04
Name: Sehrish Zaman
Pakistan and this was called the Tameezuddin case. This legal and constitutional battle
within the Sind chief court so within the judicature went on for many months judicature
through numerous judgments that it gave from time to time and also through its
informatory opinion that the judicature gave to the GG throughout a similar amount the
final word call or the resolution was that the GG was able to get a away with the
dissolution of the CA of West Pakistan however the judicature directed that the new CA
can got to be elective.

GG couldn't nominate anybody however it had to be elective thus by keeping in sight the
judgment of the judicature and also the informatory opinion of the judicature the govt. of
West Pakistan set to carry new elections for the ordinal CA. These elections were indirect
that were control in Gregorian calendar month and July 1955 and also the ordinal CA
started its session in July 1955.In the case of ordinal CA 2 things were completely
different from the first CA. In the first CA the cubic centimeter was the bulk party
whereas within the ordinal CA no party had associate degree relative quantity and within
the case of ordinal CA the membership was eighty out of that forty from East and forty
from Asian nation thus during a approach it absolutely was a principle of equality and
parity.

The ordinal CA took au fait its task of framing the constitution of West Pakistan and so
as to influence this issue the ordinal CA didn't begin from the start, it may build use of all
the work done by the sooner CA. It was during a approach building on what the first CA
had done. The vital step taken by the ordinal CA was the combination of the province of
Pakistan and it's additionally called the One Unit theme for Western Pakistan. within the
case of Asian nation there have been three provinces, Baluchistan wasn't a full province
however a special administrative body, apart from these four major units there have been
princely states, what was exhausted 1955 that every one these body units within the
Asian nation were integrated into the province of Asian nation.

Smaller body units were abolished all the provinces and units in Asian nation lost their
separate identity and were integrated into Asian nation. thus this can be or what's referred
to as because the One Unit theme for Pakistan and since of this there have been solely 2
provinces in Pakistan Bangladesh and also the Asian nation and during this approach the
difficulty of illustration was resolved, though within the smaller provinces and units of
Asian nation there was criticism of putting in place of this integrated province of Asian
nation.

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 Subject: Constitutional development and Pakistan politics
Roll No: 04
Name: Sehrish Zaman
Nevertheless, this integration within the constitution creating method in West Pakistan
and subsequently the CA began to influence the constitution, it discuss the constitution
and also the draft of the constitution was discharged for the CA and for the general public
at giant on eighth Gregorian calendar month 1956 that's the draft text of the constitution.
This text was mentioned within the CA, outside the CA so the CA approved the
constitution on twenty ninth February 1956.The next stage within the creating of the
constitution was the approval of the constitution by the GG of West Pakistan, that's his
signatures were needed and at that point Sikander Mirza was the GG of Pakistan and on
March ordinal he signed the constitution that has been approved by the CA and during
this approach it became the constitution of Pakistan. This constitution was enforced on
twenty third March 1956 and it replaced the Interim Constitution of Pakistan that was
introduced in Pakistan in August 1947.In this approach the end of the day effort to form
the constitution of West Pakistan was winning in giving this country a constitution of its
own that became operative on twenty third March 1956.

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 Subject: Constitutional development and Pakistan politics
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Name: Sehrish Zaman

Question 3.

Discuss 8th amendment to the constitution of Pakistan 1973 and its consequences?

Answer:

The 8th change to the Constitution of Islamic Republic of Pakistan allowed the President
to unilaterally dissolve the National Assembly and electoral governments. The National
Assembly of Pakistan amended the Constitution of Pakistan in 1985 and therefore the law
stayed on the books till its repeal in 1997. The bill was passed within the absence of the
electoral Parliament. The eighth change was written and later enforced by the
technocratic-military government of General Zia-ul-Haq. The eighth change modified
Pakistan's system of state from a democracy to a semi-presidential system. The eighth
change strong the authority of the President and conjointly granted extra powers to
dismiss the electoral Prime Minister's government. These powers enclosed the correct,
expressed in sub-section 2(b) inserted into Article fifty eight, to dissolve the National
Assembly (but not the Senate) if, in his or her opinion, "a state of affairs has arisen during
which the govt. of the Federation can't be carried on in accordance with the provisions of
the Constitution an attractiveness to the voters is important." (Constitution of Islamic
Republic of Pakistan, Article 58) with the consequence of dismissing the Prime Minister
and his or her cupboard.

The Eighth change, besides creating variety of different changes to the Constitution,
introduced the subsequent clause into Article fifty eight of the Constitution yet something
contained in clause of Article forty eight, the President may additionally dissolve the
National Assembly in his discretion wherever, in his opinion,

A vote of no-confidence having been passed against the Prime Minister, no different
member of the National Assembly is probably going to command the arrogance of the
bulk of the members of the National Assembly in accordance with the provisions of the
Constitution, as discovered in an exceedingly session of the National Assembly
summoned for the purpose.

A state of affairs has arisen during which the govt. of the Federation can't be carried on in
accordance with the provisions of the Constitution \ an attractiveness to the voters is
important.

Amendments:-

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Not like the previous documents, the Constitution can't be modified instead constitutional
amendments are passed fixing its result. Amendments to the Constitution are created
through the Parliament, wherever a simple fraction majority and vote is needed in each
homes for a constitutional change to require its result, in accordance to the Constitution.
Additionally to the present, sure amendments that pertain to the federal nature of the
Constitution should be sanctioned by a majority of state legislatures.

As of 2019, twenty five amendments are created to the Constitution. Among the foremost
vital of those are the Eighth (1985) and Seventeenth Amendments (2004), that modified
the govt. from a parliamentary system to a semi-presidential system. Far and away the
biggest amendment to the Constitution was the amendment created in 2010 that reversed
these expansions of presidential powers, returning the govt. to a parliamentary republic,
and conjointly outlined any conceive to subvert, abrogate. The latest of those
amendments, the ordinal change incorporated the previous Federally Administered social
group Areas into the province of Khyber Pakhtunkhwa.

Impact on democracy:-

General Zia-ul-Haq initial used the change to dismiss Prime Minister Mahound Khan
Junejo for alleged corruption in could 1988. The prime minister had wished to roll back
Zia's authority. In 1988, Benazir Bhutto pledged to get rid of the change in her election
declaration. The change stayed on the books but, as a result of she didn't have a enough
range of seats in 1988 and once more in 1993. From 1988 to 1996, President Ghulam
Ishaq Khan created in depth use of the eight change and therefore the Article fifty eight
2(b) to dissolve the National Assembly. President Khan used the change to dismiss the
electoral governments of Prime Ministers Benazir Bhutto and Nawaz Sharif. President
Khan Initial used the VIII change on Christian holy day, 1990, against Bhutto on alleged
cases of favouritism and therefore the corruption. In 1993, President Ishaq Khan once
more used this change to dismiss the people-elected government of Prime Minister
Nawaz Sharif. within the second instance, Prime Minister Nawaz Sharif was reinstated as
prime minister by the Supreme Court, however the ensuing stalemate complete with the
resignations of each Khan and Sharif. The utilization of Article fifty eight 2(b) was nearly
completely even by the president as necessary, for the removal of corrupt governments
that, it absolutely was declared, had lost the arrogance of the individuals. Elections were
command whenever that caused the ruling party to lose its majority or plurality within the
National Assembly. it absolutely was once more employed in 1996 by President Farooq
Ahmad Khan Leghari against his own party leader Prime Minister Benazir Bhutto in Nov
1996. In 1997, the Thirteenth change was passed, uncovering the president of the facility

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 Subject: Constitutional development and Pakistan politics
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to dissolve the National Assembly and demand new elections, effectively reducing the
presidency to a ceremonial figurehead.

Pakistan's democracy provides no means that for the individuals to directly recall
members of Parliament before the tip of their terms. Consequently, the Thirteenth and
Fourteenth Amendments had the result of removing the institutional checks and balances
on the Prime Minister's power, by giving him or her immunity from being wrongfully
discharged. the facility of the president's workplace was partly improved by the
Seventeenth change. the facility to dissolve the National Assembly and dismiss the Prime
Minister is currently subject to Supreme Court approval. In 2010, the eighteenth
amendment was gone Parliament of Islamic Republic of Pakistan reverting the
seventeenth Amendment at a good and immediate course.

Eighth change as a compromise:-

In general discourse, the Eighth change has become similar with Article fifty eight 2(b),
that successively is taken into account to be the supply that introduced the presidential
power to dissolve the National Assembly. However, the Eighth change was if truth be
told a compromise between the Parliament electoral within the non-party elections of
1985 then President info. Zia-ul-Haq. before the 1985 election, over a amount of six
years, Gen. Zia-ul-Haq had already created varied amendments to the Constitution of
1973 through numerous Constitution change Orders, the foremost important being the
Revival of Constitution of 1973 Order (President's Order No. fourteen of 1985). That
Order had if truth be told granted to the President even a lot of discretion in dissolving
the National Assembly. Clause (2) further to Article fifty eight by that Order stated: "The
President may additionally dissolve the National Assembly in his discretion" Note that
the take a look at of the constitutional functioning of the govt. wasn't needed for the
President to dissolve the National Assembly.

It should even be expressed that the Eighth change conjointly caused the electoral
Parliament to endorse all Orders created by info. Zia-ul-Haq by subbing the Article 270A
introduced by President's Order No. fourteen of 1985 by a rather changed version,
protective the text declaring the validity of all of info. Zia's actions, together with his
takeover of July five, 1977 and succeeding constitutional amendments.

It is not clear whether or not this specific parliamentary approval was needed for info.
Zia's amendments to get legal validity, however it seems that info. Zia thought-about it

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 Subject: Constitutional development and Pakistan politics
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fascinating to get this approval and therefore selected to compromise by watering down a
number of the presidential powers his amendments had granted.

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 Subject: Constitutional development and Pakistan politics
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Name: Sehrish Zaman

Question 4.

Discuss the roll of PM of Pakistan in the light of the constitutions of 1973?

Answer:

The Constitution of the Muslim Republic of Pakistan conjointly referred to as the 1973
Constitution, is that the supreme law of Asian nation. Written by the govt. of Zulfiqar Ali
Bhutto, with further help from the country's opposition parties, it had been approved by
the Parliament on ten Apr and sanctioned on fourteen August 1973.

The Constitution is meant to guide Pakistan's law, its political culture, and system. It
identifies the state (its physical existence and its borders), individuals and their basic
rights, state's constitutional law and orders, and conjointly the constitutional structure and
institution of the establishments and therefore the country's militia. The primary 3
chapters establish the principles, mandate, and separate powers of the 3 branches of the
government: a bicameral legislature; Executive Office of the President ruled by the Prime
Minister as chief executive; and an apex judicial system headed by Supreme Court. The
Constitution designates the President of Asian nation as a ceremonial Head of State
World Health Organization is to represent the unity of the state. The primary six articles
of the constitution define the form of government as federal parliamentary republic
system; likewise as Islam as its state faith. The Constitution conjointly encapsulates
provisions stipulating the legal system's compliance with Muslim injunctions contained
within the Koran and way of life.

The Parliament cannot create any laws which can be abhorrent or contrary to the
Constitution, but the Constitution itself is also amended by a simple fraction majority in
each the homes of the bicameral Parliament, not like the previous legal documents of
1956 and 1962. It's been amended over time, and most up to date impulses for political
upgrades and reforms have been amended. Though enforced in 1973, Pakistan, however,
celebrates the adoption of the constitution on twenty three March when the primary set
was publicized in 1956 each and each year as Republic Day.

Origins and historical background:-

In a radio speak addressed to the individuals of Asian nation, broadcast in Feb 1948,
statesman expressed his views relating to Pakistan's constitution-to-be within the
following way:

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The Constitution of Pakistan is nonetheless to be framed by the Pakistan Constituent
Assembly, I don't recognize what the last word form of the constitution goes to be,
however I am certain that it'll be of a democratic kind, embodying the essential principles
of Islam. Nowadays these are as applicable in actual life as these were 1300 years ago.
Islam and its idealism have educated America democracy. It's educated equality of man,
justice and honest play to everyone. We tend to are the inheritors of those wonderful
traditions and are absolutely alive to our responsibilities and obligations as framers of the
longer term constitution of Asian nation.

Pakistan was supported in 1947 as a Dominion (an freelance realm or kingdom) inside
Brits Commonwealth. Identical was true in freelance Asian country. Throughout its 1st
few years of existence Brits monarch was conjointly Pakistan's head of state, as remains
the case in Canada, Australia etc. Before writing a constitution, a Constituent Assembly
passed the Objectives Resolution, on the insistence of the ulema and Jamaat-e-Islami, in
March 1949 to outline the fundamental directive principles of the new state and to declare
state recognition of the sovereignty of Supreme Being over the universe. The Objectives
Resolution thoroughbred the role of democracy and contained non secular provisions to
alter society to stick to the teachings of the Koran and way of life. The Objectives
Resolution has henceforward been inserted as a preamble into every of Pakistan's sequent
constitutions.

The country became a republic once its 1st constitution was approved in 1956 however
this was abrogated in 1958 when a military group action. Pakistan's second constitution
was approved in 1962. It granted government power to the president and abolished the
workplace of the prime minister. It conjointly institutionalized the intervention of military
in politics by providing that for twenty years, the president or the defense minister should
be someone World Health Organization had command a rank not up to that of lieutenant-
general within the army. The 1962 constitution was suspended in 1969 and abrogated in
1972.

The 1973 constitution was the primary in Asian nation to be framed by elective
representatives. Not like the 1962 constitution it gave Asian nation a republic with
government power focused within the workplace of the prime minister, and therefore the
formal head of state the president limited to engage on the recommendation of the prime
minister.

The Constitution states that each one laws ar to evolve to the injunctions of Islam as
arranged down within the Koran and way of life. The 1973 Constitution conjointly

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created sure establishments like the Shariat Court and therefore the Council of Muslim
Ideology to channel the interpretation and application of Islam.

After another group action in 1977, the constitution was command abeyant till it had been
"restored" in 1985 however with the Eighth shifting power from the parliament and Prime
Minister to the president. Another change (Seventeenth) in 2004 continued this shift,
however in 2010; the amendment reduced presidential powers, returning the govt. to a
parliamentary republic.

Previous legislation as Source:-

The winning independence movement light emitting diode the institution of Asian nation,
freelance from Brits dominion in 1947. Brits Empire divided the dominion into 2
components, Asian country and Asian nation. The provisions of the govt. of Asian
country Act, 1935, had greatly influenced the state and served as its basic document till
1956. In 1950, Prime Minister Liaquat Ali Khan authored the primary add on that might
pave a path to the drafting of the Constitution. elective in 1947, Constituent Assembly
written and adopted its first constitution in 1956.

1956 Constitution:-

Following the adoption of a constitution in Asian country in 1950, Pakistan's lawmakers

were indentified to figure on their constitution. Prime Minister Muhammad Ali and his
administration worked with the opposition parties within the country to formulate a
constitution for Asian nation.

Finally, the joint work light is emitting diode to the promulgation of the primary set of
the constitution on twenty three March 1956 a day once Asian nation celebrates its
Republic Day over the adoption of the constitution. The constitution provided for
parliamentary sort of government with a unicameral legislative assembly. It formally
adopted Asian nation as "Islamic Republic" and therefore the principle of parity was
introduced. Its options were:

 Islamic Republic of Asian nation Official name of the country was adopted
 Objectives Resolution the target resolution was enclosed as preamble by the
constitution.
 System of state – Parliamentary with a first-rate minister as head of state.

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 Unicameral legislative assembly one house, solely a National Assembly that might
incorporate three hundred members; a hundred and fifty members from every East
and West Pakistan.
 President needed to be a Muslim and ceremonial head of state. Just in case of
internal or external danger he may declare a state of emergency within the country.
 Islamic law – No law would be passed against the teachings of the Koran and way
of life.
 Independent Judiciary – The Supreme Court a final mediator of all the selections.
 Fundamental rights enclosed freedoms of movement, speech and, profession and
profess faith, right to life, liberty, and property.
 Language – English, Urdu and Bengali were created national languages.

By the constitution, Iskander Mirza assumed the presidency however his constant
involvement in national affairs, as opposition Constitution, discharged four elective prime
ministers in 2 years. Beneath public pressure, Mirza upheld the group action in 1958,
therefore nearly suspending the constitution. Shortly afterward General Ayub Khan oust
Mirza and declared himself president.

1962 Constitution:-

General Ayyub Khan appointed a Constitution Commission to draft another part of the
constitution beneath jurist Muhammad Shahab Uddin. Submitted its issues on could
1961, Ayyub Khan altered the whole version of the constitution that was entirely totally
different from the one suggested by jurist Muhammad Shahab Uddin. It had been
publicized on eight Gregorian calendar month 1962. Main feature of this set was the
introduction of the Presidential system and a lot of consolidated powers to the President.
No more changes were administered to oppose the 1956 document. Its options include.

 More powers to the President of Asian nation.

 Strengthening of the Muslim Ideology council.

1970 Legal Framework Order:-

President Ayyub Khan invited Chief of Army employees General Yahiya to enforce the
law within the country. On assumptive the presidency, General Yahiya Khan acceded to
in style demands by abolishing the one-unit system in West Pakistan and ordered general
elections on the principle of 1 man, one vote.

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The military government and President Yahiya himself created no efforts to border a
constitution, apart from supplying the illegal order in 1970. Across the country, the
expectations were that a National Assembly would be originated by holding a free and
honest election. to carry the planned elections, President Yahiya publicized a Legal
Framework Order on thirty March 1970 that conjointly spelled out the elemental
principles of the planned constitution and therefore the structure and composition of the
national and provincial assemblies.

In December 1970, nationwide general elections were command at the same time for
each the national and 5 provincial assemblies. The nationalist Awami League (AL)
secured the mandate of east Pakistan however did not perform in any four provinces of
Pakistan.[18] The socialist Asian nation People's Party (PPP) beneath the leadership of
Zulfikar Ali Bhutto gained a mandate in geographic region and Sind however failing in
People's Republic of Bangladesh, NWFP and Baluchistan.

1970 constitutional crises:-

Constitutional crises grew additional once the AL refused to form concessions over its six
points to draft the constitution and instead maintaining that the AL was able to frame a
constitution and to create a central government on its own.

The PPP wasn't willing to dilute the authority of the centralized in spite of reassuring full
provincial autonomy for all the provinces of West Pakistan. Negotiations on framing the
work on constitution were command between Jan and March 1971 between leaders of the
PPP, the AL, and therefore the military government of Yahiya Khan, that clad to be a
failure. Below the LFO, the President was to come to a decision once the National
Assembly was to fulfill. By thirteen Feb 1971, the President Yahiya proclaimed that the
National Assembly was to fulfill at national capital on three March 1971. By now the
variations between the most parties to the conflict had already crystallized. Over the six-
point issue, the PPP was convinced that a federation supported the six points would cause
a feeble confederation in name only and was a part of a bigger Indian attempt to chop up
and destroy West Pakistan. These fears were obviously shared by the military leaders
within the west, together with President Yahiya Khan UN agency had publically
delineate Arab chief Mujibur Rahman because the 'future Prime Minister of Pakistan' on
fourteen Jan 1971. Bhutto proclaimed on fifteen Feb that his party wouldn't attend the
National Assembly unless there was 'some quantity of reciprocity' from the Awami
League. Arab chief Mujib replied at a group discussion on twenty one Feb, declarative

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that "Our stand is totally clear. The constitutions are going to be framed on the idea of the
six points".

Such AN announcement diode the PPP to demand the removal of the National Assembly
session, or the gap session to be delayed. The PPP vulnerable to stage an oversized scale
general strike every where the country. Harassed by the PPP, President Yahya delayed
the National Assembly session on twenty five March that came as a shattering
sophistication to the AL and their supporters throughout East Pakistan. it absolutely was
seen as a betrayal and as proof of the authorities of the West Pakistan to deny them the
fruits of their electoral ending.[18] This resulted within the natural event of violence in
East Pakistan. The Awami League launched a non co-operation movement as they nearly
controlled the whole province. Thanks to disturbances in East Pakistan, no National
Assembly session was known as and therefore the military moved into East Pakistan to
manage true. The direct action movement became AN armed liberation movement
backed by India.

With India with success intervening within the conflict, the West Pakistan military given
to the Indian military and virtually ninety three, military personnel were taken as
prisoners of war on sixteen December 1971. pessimistic, gaining infamy within the
country, and finding himself unable to manage true, President Yahya ultimately two-
handed over the national power to the PPP, of that Zulfikar Ali Bhutto was sworn in on
twenty December 1971 as President and because the (first civilian) Chief jurisprudence
Administrator

Constitutional convention:-

After Bangladesh was fashioned in 1971, the PPP fashioned the govt. and partly enacted
the 1962 constitution. President Zulfikar Ali Bhutto entailed a convention and invited the
leaders of the all political parties to fulfill him on seventeen April 1972. Leaders and
constitutional specialists of the monotheism political parties, conservative parties,
socialists and communist parties were delegated to attend the convention in 1972.

Fundamental rights:-

Contrary to 1956 and 1962 articles, many ideas within the Constitution were new, and
secured security to every subject of West Pakistan. Initial a part of the Constitution
introduced the definition of State, the thought of life, liberty and property, individual
equality, prohibition of slavery, preservation of languages, right to honest trial, and

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provided safeguard on arrest and detention yet as providing safeguards against
discrimination in services.

The due process of law clause of the Constitution was partially supported country
Common law, as several foundation fathers and legal specialists of the country had
followed country legal tradition. The basic rights are supreme within the Constitution and
any law that's the basic rights are often stricken down by the apex courts in their
constitutional jurisdiction unconditional on them below Article 199 of the Constitution.

Provisions:-

In distinction to the constitutions of India and Bangladesh, the Constitution mirrored an

important compromise over many problems to keep up a fragile balance of power among
the country's establishments. The Constitution outlined the role of Islam, West Pakistan
was to be a Federation of 4 Provinces and shall be called the monotheism Republic of
Pakistan;[30] introduction of check and balances, separation of powers, and provided the
federal system below that the govt. ought to govern.

The Constitution established a "Bicameral Parliament" as a legislative authority that

consists of the Senate as higher house (providing equal provincial representation), and
National Assembly as Lower house (providing the need and illustration of people). The
Constitution place stipulation on the eligibility of changing into President and Prime
Minister that solely "Muslim" of not but forty-five years older and is qualified for
changing into the Prime Minister. No law repulsive to Islam shall be enacted and
therefore the gift laws shall even be Islamised. The Constitution additionally introduced a
replacement establishment called the "Council of Common Interests" consisting of Chief
Minister of every four provinces AND an equal range of cupboard ministers of the govt.
appointed by the Prime Minister. The Council may formulate and regulate the policy
within the half II of the Legislative List. just in case of grievance of interference in
facility by any province the Council would check out the grievance.

Another major innovative introduction within the Constitution is that the institution of the
National Finance Commission (NFC) consisting of the Provincial and Finance Ministers
and alternative members to recommendation on distribution of revenues between the
federation and therefore the provinces. The Constitution's initial elements introduce the
monotheism method of life, promotion of authorities, full participation of girls in national
life, protection of minorities, promotion of social and economic well being of the
individuals, and strengthening the bonds with the Muslim world and to figure for

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international peace. below the Constitution, the basic Rights embrace security of person,
safeguards on arrest and detention, prohibition of slavery and compelled labor, freedom
of movement, freedom of association, freedom of speech, freedom to profess faith and
safeguards to non secular establishments, fairness in respect of access to public places
and in commission, preservation of languages, script and culture. The judiciary enjoys
full dominance over the opposite organs of the state. Concerning national languages,
Urdu was declared as national languages, and English as official language; all alternative
languages were preserved by the Constitution.

Islamic introduction:-

Many key ideas on concerning the role of Islam within the State that were mentioned in
1956 Articles were created a part of the Constitution:

 The official name "Islamic Republic of West Pakistan" as elect for the state of
Pakistan.
 Islam is said because the state faith of West Pakistan.
 Enabling of living life, culture, and customs of Muslims, singly or jointly, in
accordance with the basic principles and basic ideas of Islam.
 Teachings on Arabic, Quran, and Islamiyat to be obligatory in country's
establishments and to secure correct and precise printing and business enterprise of
the religious text.
 Proper organisations of pillar of Islam, Waqf, and mosques are ensured.
 Prevent vice crime, gambling and consumption of alcohol, printing, publication,
circulation, creative activity, and show of obscene literature and advertisements.
 Required to be a Muslim to last bid of changing into the President (male or
female) and/or Prime Minister (male or female). No restriction on faith or gender
on the other post, up to and together with provincial governor and Chief Minister.
 All existing laws shall be brought in conformity with the injunctions of Islam as
set down within the religious text and way of life and no law shall be enacted that
is repulsive to such injunctions.
 A Council of monotheism Ideology shall be implanted remarked because the
monotheism informatory council.
 The Constitution of West Pakistan outlined a Muslim as an individual UN agency
believes within the unity and identity of God, within the absolute and unqualified
determinateness of the Prophet hood of the monotheism prophet, Muhammad, and
doesn't believe, or recognize as a prophet or spiritual reformer, somebody UN

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agency claimed or claims to be a prophet, in any sense of the word or of any
description some, once Muhammad.
 In keeping with this definition, the Second modification to the Constitution (1974)
declared for the primary time the Ahmadiyya Community and/or the Lahori cluster
as non-Muslims, since their leader, Mirza Ghulam Ahmad, claimed to be prophet
of God.
 However, the Fourth modification (1975) put aside six seats within the National
Assembly for non-Muslim representatives to guard minority rights.
 The state shall Endeavour to strengthen the bonds of unity among Muslim
countries.
 Islamic revisions were introduced into the West Pakistan legal code.

Parts:-

The individual Articles of the Constitution are sorted along into the subsequent Parts:

 Preamble
 Part I – Introductory [Articles 1–6]
 Part II – elementary Rights and Principles of Policy [Articles 7–40]
 Part III – The Federation of West Pakistan [Articles 41–100]
 Part IV – Provinces [Articles 101-140A]
 Part V – Relations between Federation and Provinces [Articles 141–159]
 Part VI – Finance, Property, Contracts and Suits [Articles 160–174]
 Part VII – The Judicature [Articles 175–212]
 Part VIII – Elections [Articles 213–226]
 Part IX – monotheism Provisions [Articles 227–231]
 Part X – Emergency Provisions [Articles 232–237]
 Part XI – modification of Constitution [Articles 238–239]
 Part XII – Miscellaneous [Articles 240–280]

Schedule:-

Schedules are lists within the Constitution that categorize and tabulate officialdom
activity and policy of the govt.

 First Schedule – Laws exempted from the operation of Article 8(1), 8(2), 8(3b),
and 8(4)

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 Second Schedule – Election of President" Article 41(3)
 Third Schedule – Oaths of Office: Article forty two, Article 91(5)–92(2), Article
53(2)–61,
 Fourth Schedule – Legislative Lists
 Fifth Schedule – Remuneration and Terms and Conditions of Service of Judges:
[Article 205]

Amendments:-

Unlike the previous documents, the Constitution can't be modified, instead constitutional
amendments are passed; sterilization its impact. Amendments to the Constitution ar
created through the Parliament, wherever a common fraction majority and selection is
needed in each homes for a constitutional modification to require its impact, in
accordance to the Constitution. Additionally to the present, sure amendments that pertain
to the federal nature of the Constitution should be sanctioned by a majority of state
legislatures.

As of 2019, twenty five amendments are created to the Constitution. Among the foremost
necessary of those are the Eighth (1985) and Seventeenth Amendments (2004), that
modified the govt. from a parliamentary system to a semi-presidential system. Far and
away the biggest amendment to the Constitution was the amendment created in 2010 that
reversed these expansions of presidential powers, returning the govt. to a parliamentary
republic, and additionally outlined any decide to subvert, abrogate, or suspend the
constitution as AN act of crime.

The latest of those amendments, the 25th modification incorporated the previous
Federally Administered social group Areas into the province of Khyber Pakhtunkhwa.

Preamble:-

Whereas sovereignty over the whole Universe belongs to Almighty Allah alone, and
therefore the authority to be exercised by the folks of Pakistan among the bounds
prescribed by Him could be a sacred trust;

 And whereas it's the desire of the folks of Pakistan to determine associate degree
order
 Wherein the State shall exercise its powers and authority through the chosen
representatives of the people;

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 Wherein the principles of democracy, freedom, equality, tolerance and social
justice, as enunciated by Islam, shall be absolutely observed;
 Wherein the Muslims shall be enabled to order their lives within the individual
and collective spheres in accordance with the teachings and necessities of Islam as
commenced within the Holy Book and hadith
 Wherein adequate provision shall be created for the minorities freely to profess
and practice their religions and develop their cultures;
 Wherein the territories currently enclosed in or in accession with Pakistan and
such different territories as could hereafter be enclosed in or accede to Pakistan
shall kind a Federation whereby the units are going to be autonomous with such
boundaries and limitations on their powers and authority as could also be
prescribed
 Therein shall be bonded basic rights, together with equality of standing, of chance
and before law, social, economic and political justice, and freedom of thought,
expression, belief, faith, worship and association, subject to law and public
morality.
 Wherein adequate provision shall be created to safeguard the legitimate interests
of minorities and backward and depressed classes;
 Wherein the independence of the judiciary shall be absolutely secured;
 Wherein the integrity of the territories of the Federation, its independence and
every one its rights, together with its sovereign rights ashore, ocean and air, shall
be safeguarded;
 So that the folks of Pakistan could prosper and attain their rightful and honored
place amongst the nations of the planet and build their full contribution towards
international peace and progress and happiness of humanity :
 Now, therefore, we, the folks of Pakistan,
 Cognizant of our responsibility before Almighty Allah and men;
 Cognizant of the sacrifices created by the folks within the reason for Pakistan;
 Faithful to the declaration created by the founding father of Pakistan, Quaid-i-
Azam Mohammad Ali Jinnah, that Pakistan would be a democratic State
supported Islamic principles of social justice;
 Dedicated to the preservation of democracy achieved by the ceaseless struggle of
the folks against oppression and tyranny;
 Inspired by the resolve to safeguard our national associate degreed political unity
and commonness by making an egalitarian society through a brand new order;

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 Do herewith, through our representatives within the National Assembly, adopt,
enact and provides to ourselves, this Constitution.

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