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CHAPTER 02

CONSTITUTIONAL
DEVELOPMENT IN PAKISTAN
2.1.1 = Define the term constitution​.

Answers:
​A
● A body of principles, rules & regulation which determines the
administrative structure of the state and reflects the political
ideology or political life of a state (Country) is termed as
constitution. ​B
● A body of document which determines the rights and the
responsibilities of a state and its people may be termed as
constitution​. C
● Constitution is a set of basic principles and framework for
governance and exercise of political power and legal authority.

●Types of Constitution (By Function)

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RIGID CONSTITUTION
● A constitution which requires a very complicated procedure
to make any changes in it is termed as a Rigid Constitution.
Such as Constitution of USA.

FLEXIBLE CONSTITUTION
● A constitution which does not require a very complicated
procedure to make any changes or modification in it is
termed as a Flexible Constitution. Such as constitution of
UK.
● A constitution which is flexible and rigid at the same time is
termed as Rigid-cum-Flexible Constitution. Such as of
Pakistan.

Types of Constitution (By Definition)

WRITTEN CONSTITUTION

● A constitution which is available in the written form is

usually called a written constitution. Almost all the
countries in the world have written constitution.

UN-WRITTEN CONSTITUTION
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● A constitution which is apparently not in the written form

but understood and practiced by the people of the state is
termed as Unwritten constitution. Such as UK.
● However, the constitution of UK is not completely
Unwritten. The sources of UK constitution are(1) common
practices of people which are widely accepted in
UK(​Conventions/Customs​) ,(2) the orders issued by the
crown(​Charters​),(3) acts passed by the Parliament(Statues),
(4)decision given by judges in specific cases(​Judicial
Decisions​),(5)laws which generated without the efforts of
British Parliament and got popularity(​Common
Law),(6​books written by the prominent jurists/law experts
on the constitution of UK​(Writing of experts/Jurists)
● Excepts the conventions/customs all the other sources of
British constitution are in the written form that’s why the
constitution of UK is not completely unwritten.

2.1.2 = Describe why constitution is important

for a state?
● A constitution is important for a state because it reflects the
political life and political ideology of a state.
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● A constitution is very important for a state and its people as it

determines the rights and responsibilities of the Government
of a state and its people.
● A constitution is very important for a state because it insures
the political and physical survival of the state and its people.
● A constitution is very important for a state because it provides
the guiding principles to shape the National and Foreign
policies of a country.
● A constitution explains the role and function of all the
administrative and political bodies of a STATE.
● A constitution clarifies the scope of power, relationship among
various institutions within the government and society. It has
precedence over ordinary laws and cannot be changed like
ordinary laws.

2.2.1= Discuss the Key Ideas of the speech

delivered by Muhammad Ali Jinnah to
CONSTITUENT ASSEMBLY of PAKISTAN
on 11th August 1947.
About the Constituent Assembly
●We would make this Assembly an example to
the world.
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●The Constituent Assembly has to perform two

responsibilities----(1) Framing the constitution
of Pakistan and (2) Serving as the Federal
Legislature (Parliament) of Pakistan.

●The world is wondered at the emergence of

two Independent states which is
unprecedented and unparallel.
●It is very important that we have achieved it
(Independence/Pakistan) peacefully by a
gradual process.
●As Assembly is a complete Independent body
with all powers it is their greatest responsibility
to be careful in its decision/s.
●The first duty of the government is to maintain
law and order in order to protect the life,
property and religious beliefs of its people.

About Social Vices/Evils—Nature, Cause and

effects and Strategy to Deal With
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●Bribery and corruption​ are poison and must be

put down with an iron hand.
●Black-marketing​ is also a curse is really a
monster and a colossal (huge / great) crime
against society.
● People who do black-marketing are usually
knowledgeable, aware, intelligent and
responsible.
●They (the black marketers) should be punished
severely as the entire system of control and
regulation of foodstuff and basic
commodities(products) are in their hand
● They (by doing black-marketing) cause
wholesale (large scale) starvation and shortage
of food which even leads to death.
●Nepotism​ (favoring relatives and friends)
Jobbery ​(using public office /post for one’s own
interest) are the legacy which has been passed
to us.
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●I shall never tolerate any kind of jobbery,

nepotism or any influence directly or indirectly
brought to bear upon me/to have an effect on
me.
About the Division of India (Jinnah’s Own
Point of View About Division of India)

●I know there are some people who are not in

favor of division of India and the partition of
the Punjab and Bengal.
●Now it (division) has been accepted and it is
the duty of every one of us loyally abide
by(follow) it.
●Regarding it (division) we should honorably
act/perform according to the agreement which
is now final and binding on all.
●Division ​had to take place although in
Hindustan and Pakistan there are sections of
people who may not agree with it.
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●In my judgment there was no other solution

and I am sure future history will record this
verdict in favor of it.
●It will be proved by actual experience as we go
on, that was the only solution of India’s
Constitutional problem.
●Any idea of ​United India​ could never have
worked and in my judgment, it would have led
us to terrific disaster.
●Question of minority​ (their rights) had to be
unavoidable whether the division would take
place or
not.
How to Make State of Pakistan Happy and
Prosperous? (Jinnah’s guidelines)
●If we want to make this State of Pakistan happy
and prosperous, we should completely focus
on the well-being(welfare) of the people and
specially of the masses and poor.
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●For the progress of the country forget about

your past relationship, your community
belongingness, your racial and religious
attachment.
●If citizens of this state have equal rights,
privileges(facilities) and equal responsibilities
there will be no end to the progress they will
make for this country.
About the Issue of Minority and Majority
●In the course of time the issues of majority and
minority communities---the Hindu community
and Muslim community will vanish/disappear.
What Stopped India to Achieve it
independence?
●The religious, ethnic and class division in both
the communities, to me, have been the biggest
hindrance in the way of India to attend the
freedom and independence
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About Religious Freedom in Pakistan

●You are free, free to go to your temples,
mosques or to any other place or worship in
this state of Pakistan.
●You may belong to any religion or caste or
creed that has nothing to do with the business
of the state.
●England experienced religious riots as Roman
Catholics and the protestants persecuted each
other (in the name of religion).
●Even now there are some states where
discrimination and bars(restrictions) are
against a particular class.
●Thanks God we are starting in the days where
there is no discrimination, no
distinction(difference)between one community
and another, no discrimination between one
caste or creed and another.
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●We are starting with this fundamental principle

that we are all citizens and equal citizens of
one State.

●Now we should keep that in front of us our

ideal and you will find that in course of time
Hindus would cease to be Hindus and Muslims
would cease to be Muslims, not in the religious
sense, because that is the personal faith of
each individual, but in the political sense as
citizens of the State.

Guiding Principles of Jinnah as the Head of the

State of Pakistan
●I shall always be guided by the principles of
justice and fair play without any prejudice or
ill-will, in other words partiality or favoritism.
●My guiding principles will be justice and
complete impartiality.
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2.2.1 = Identify the key features of the

Objectives Resolutions.
● A resolution presented by the first prime Minister of Pakistan
(Liaquat Ali Khan) in the month of February (1949) in the
first Constituent Assembly Of Pakistan approved or passed by
that assembly with majority of votes on March 12,1949 is
known as the Objectives Resolution.
● The reason to call this resolution as the Objectives Resolution
was that it reflected the demands an Objectives for which
Pakistan was achieved.

Key Features of Objectives Resolution

● Sovereignty​ or the supreme power belongs to ALLAH the
All Mighty and the ruler of Pakistan will exercise this
power or authority as a sacred trust of Allah. (Sovereignty
of Allah).
● No Law​ will be made against Quran & Sunnah and the
existing laws will be made in accordance with Islamic
teachings.
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● Pakistan will officially be called as the Islamic Republic of

Pakistan (​Pakistan as the Islamic Republic).
● Pakistan will follow the federal system which means
powers will be distributed between the central and
provincial Governments working in Pakistan (​Pakistan as
Federation​).
● Fundamental Rights will be provided and insured without
any political religious and economic discrimination of every
individual of Pakistan (​Insurance of Fundamental
Rights​).
● Judiciary (​The Supreme Court​) will be made independent
to settle a possible or arising issue between central and
provincial Governments and to insure and safeguard the
fundamental rights of the people of Pakistan (​Independent
Judiciary​).
● The system of western democracy will be Islamized by
defining the concept of equality justice and tolerance.
(​Islamic Way of Democracy).
● Minorities living in Pakistan will be given extra protection
besides insurance of their fundamental rights. (​Protection
of Minorities).
● Backward areas will be uplifted without any discrimination
(​Upliftment of Backward Areas​).
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2.2.3 = Discuss the significance and impact of

Objectives Resolution In the constitutional
Development of Pakistan.
Significance
● Objectives Resolution was a document which provided basic
principles for the future constitution in Pakistan.
● In the words of Liaquat Ali Khan (the first prime Minister of
Pakistan) ​it was next historical achievement to Pakistan.
● Objectives Resolution is the best manifestation of the ideology
of Pakistan.
● Objectives Resolution is regarded as the basis of all the
constitutions of Pakistan------- 1956, 1962 and 1973 as it has
been included in the preamble of all three constitutions of
Pakistan.
● In 1985 the Objectives Resolution was made the compulsory
part of the constitution of 1973 (On going constitution of
Pakistan) through an amendment.
● Objectives Resolution is regarded as Megna Carta (A
historical agreement signed between the people of England
and King John (of ENGLAND) in which he surrendered some
rights to the people of England in 1215). As Magna Carta
insured some fundamental rights of the people of England in
the Monarchy of King John) the same job was done by the
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Objectives Resolution in Pakistan by ensuring the fundamental

rights of the people of Pakistan.

Impact
● Due to the Objectives Resolution Pakistan was declared as the
Islamic Republic of Pakistan.

● The Objectives Resolution made it binding on the ruler as well

as the Parliament of Pakistan that they cannot pass and
implement such law/s which is/are against the teachings of
Quran & Sunnah.
● The Objectives Resolution suggested federal system which
was the most important political requirement to deal with
diverse geographical, lingual political / administrative units it
was adopted later on.
● Objectives Resolution gave double protection to the minorities
by ensuring their fundamental rights and special rights given
to them as minorities in Pakistan

2.2.4 = Discuss the reasons behind the delay in

the constitution process. /Discuss the factors
which delayed the constitution-making process
in the initial years of Pakistan
Islamist vs Secularists
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● There was a conflict between the Islamists and the Secularists

on the nature of the constitution. The Islamist wanted the
constitution guided by the Islamic principles on the other hand
the Secularists wanted the constitution to be guided by the
western political principles, this ideological difference or
conflict delayed the constitution process in Pakistan.
Question of Provincial Autonomy
● The question of provincial autonomy (Empowerment of the
provinces) between the Punjab province and east Bengal and
other provinces delayed the constitution process in Pakistan as
no consensus was developed particularly between Punjab and
Bengal as Punjab wanted powerful center and Bengal wanted
powerful provinces with maximum provincial autonomy.

Death of Jinnah
The death of Jinnah created political vacuum and leadership
crisis which led to the division or rift in hierarchy of All India
Muslim League which was the ruling party that’s why its
attention got diverted from the constitution making and it got
indulge in party politics which delayed the constitution
making process in Pakistan.
Settlement of Refugees
After the emergence of Pakistan one of the biggest challenges
for Pakistani government was to deal with the great influx of
refugees whose number was increasing all the time. About 6.5
million refugees had come to Pakistan and the number
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eventually reached up to 10 million. In order to accommodate

such people, the government had to put its all energy to deal
with this issue that’s why it could not pay much attention to
constitution making for Pakistan and it got delayed.

Lingual Conflict
● People of East Pakistan wanted Bengali language to be
declared as to be the national language of Pakistan although
Mr. Jinnah had already declared the national language of
Pakistan in March 1948. This language controversy at last
became an important factor of delaying the constitution
process of Pakistan.

Issue of Separate or Joint Electorate

● There was no agreement among the people of Pakistan on the

issue of mode/type of election either they should elect their
representatives by separate or joint electorate. The people of
West Pakistan wanted separate electorate whereas the people
of east Pakistan (East Bengal) particularly Hindu population
wanted joint electorate the lack of agreement on this issue
ultimately delayed the constitution process in Pakistan.
Presidential or Parliamentary System
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● There was no consensus on the type of Government to be

practiced in Pakistan people of West Pakistan wanted
presidential system to be followed as it was closed to Islamic
system, on the other hand people of East Pakistan due to their
secular approach and religious diversity wanted parliamentary
system guided by western democratic principles this
eventually led to the delay in the constitution process in
Pakistan.
● Frequent Removal of Provincial Ministries
There was frequent removal of provincial Chief ministers in
Pakistan from. From 1947 to 1956 eleven (11) chief ministers
were removed in different provinces in Pakistan. This frequent
ouster (removal) of chief ministers created political unrest in
the provinces which led to the pollical instability in the
country which eventually delayed the constitution making
process in Pakistan.

2.2.5 = Describe the salient features of 1956

Constitution.
Salient Features
● Written Constitution with 234 articles 6 schedules
(Chapters) and a preamble (Introductory Part)
● Islamic in Nature as president had to be a Muslim, No law
made against Quran and Sunnah, brotherly relationship
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with the Muslim world sovereignty of the Allah the

Almighty was insured and emphasized.
● Federal system had to be adopted which declared that
powers will be distributed between Center and Two wings
of Pakistan with three list---- The federal list discusses the
power of the center; the provincial list discusses the
powers of provinces and the concurrent list or the list of
the common powers enjoyed by both the central and
provincial governments.
● Parliamentary form of government had to be followed
---------Prime Minister as the real administrative head of
the state (Muslim or Non- Muslims) with its specific body
of ministers (Cabinet) responsible to the Legislature
(Parliament).
● Unicameral Legislature or one house parliament called as
National Assembly will be forming to make legislation
for Pakistan comprising 300 members, 150 members
drawn for each wing.
● Fundamental Rights such as right to life and property,
right to practice religion, right to choose economic
profession, right to move, right to freedom of expression,
right to assemble, right to form political party, right to
receive education will be guaranteed for every citizen of
Pakistan without any religious political and economic
discrimination.
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● Judiciary (Superior or the Supreme Court) will be made

independent so that the fundamental rights may be insured
and any arising issue between the central and provincial
government could be solved by the Judiciary.
● Urdu and Bengali languages would serve as the National
language of Pakistan.
● Direct form of election would be adopted to choose the
member of national and provincial assemblies with the
prescribe voting age as 21 to cast the vote.
● Constitutional Institutions such as public service
commission (PSC) council of Islamic ideology (CI),
National Finance Commission (NFC) will be established.

2.2.6 = Discuss the reasons that led to the failure

of 1956 constitution.
● The constitution of 1956 which was implemented on 23​rd
March 1956 was abrogated just after 2 and half years and
replaced by martial law on 7 October 1958. It could not last
long due to the following reasons.
Tug of War Between Prime Minister and President
● Although the prime minister was real administrative head
according to the constitution of 1956 the president Iskandar
Mirza over-shadowed the power of the prime minister which
led to the power struggle between the president and the prime
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minister which did not let the constitution function in its true
sense and it failed at last.
Centre versus Provinces
● The central government interfered in the matters of the
provinces which was the negation of the federal system which
empowered the provinces to use their powers for the larger
interest of their province. The central verses provinces led to a
political rivalry which almost paralyzed the function of the
constitution of 1956.
Elections Promised But Never Conducted
● Although the constitution promised that the new elections will
be conducted so that people could choose their representative
for the parliament, they(elections) were never held, and the
parliamentarian could not be appointed by the people and it
remained restricted only to 80 members. This was another
violation which eventually paved the way for the failure of the
constitution.
Silence on Mod/Method Of Elections
● The constitution remained silent on the mod /method of
elections though it was a serious issue in Pakistan. The people
of East Pakistan wanted joint electorate and the people of
West Pakistan wanted separate electorate this silence became
one of the factors responsible for the failure of the
constitution.
Parliamentary System Was Unknown
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● The parliamentary system introduced by the constitution of

1956 was quite unknown to the people of Pakistan who were
naturally closed to the presidential system of government. This
lack of political awareness had to become a reason for the
failure of the constitution.

2.2.7 = Describe the salient features of 1962

constitution.
● Written Constitution with 250 articles, 4 schedules
(Chapters) and a preamble (Introductory Part) with 50
specific martial codes (Laws).
● Islamic in Nature as president had to be a Muslim, No law
made against Quran and Sunnah, brotherly relationship
with the Muslim World sovereignty of the Allah the
Almighty was ensured and emphasized.
● Federal system had to be adopted which declared that
powers will be distributed between Center and Two wings
of Pakistan with limited two capacity in other words
provinces would have curtailed provincial autonomy /
powers.
● Presidential form of government was introduced
--------President was the head of the state and head of the
administration with immense powers.
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● Unicameral Legislature or one house parliament called as

National Assembly would be formed to make
legislation(laws) for Pakistan comprising 218 members.
● Fundamental Rights will be provided to every citizen of
Pakistan with certain boundaries or limitation as they
cannot not have political assembly(gathering), make their
own political party and enjoy the freedom of expression
● Judiciary (Superior or the Supreme Court) will be made
independent so that the fundamental rights may be insured
and any arising issue between the central and provincial
government could be solved by the Judiciary. But it won’t
enjoy the Power of Judicial Review.
● Islamabad and Dhaka were declared the capitals of
Pakistan.
● Urdu and Bengali languages would serve as the National
language of Pakistan.
● Indirect form of election would be adopted to choose the
member of national and provincial assemblies and the
president known as Electoral Collage / Basic
Democracies.

2.2.8 = Discuss the reasons that led to the failure

of 1962 constitution.
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● The constitution of 1962 which was implemented on 8 June

1962 at last abrogated as the martial law replaced it on 25
March 1969 imposed by Gernal Yaha Khan.
● Absence of Democratic Nature
● The constitution did not reflect the democratic color and
reflection of people’s interest and input it was thrust on the
people of Pakistan by a military ruler at his own will an
understanding that’s why it couldn’t get popularity among the
people of Pakistan which ultimately become one of the causes
of its failure.
Presidential Dictatorship
● The constitution was a one man show in the words of
Chaudhry Muhammad Ali it was of the president and by the
president.
● The president could not be impeached or questioned for his
any action by the parliament. The president could veto/reject
any law passed by the parliament this unique characteristic of
the constitution became the failure of the constitution.
Judiciary Was Partially Independent
● The constitution did not give judiciary the power of judicial
review which limited the powers of judiciary at the same time
provincial autonomy was given in the most curtailed form to
the provinces similarly the fundamental rights were also
restricted, this created confusion and political unrest in the
country which eventually led to the failure of the constitution.
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Absence of Check and Balance

● There was no proper system of check and balance in the
constitution to monitor and regulate the administration of the
state that’s why the constitution mad with the failure.
Unique Form of Elections
● The constitution introduced a unique and strange form of
election known as Basic Democracies (BDs) which raised
many doubts on the validity of the electoral college or BDs
and that itself became one of the reasons for the failure of the
constitution in future.

Allied Question= Describe the Islamic

Provisions / Features of the constitutions of
1956, 1962 and 1973.
Islamic Features
1956 1962 1973
Sovereignty Sovereignty Sovereignty belongs to
belongs to Allah belongs to Allah Allah the Almighty
the Almighty the Almighty
No law against No law against No law against Quran &
Quran & Sunnah Quran & Sunnah Sunnah
Ban on narcotics Ban on narcotics Ban on narcotics and use of
and use of alcohol and use of alcohol alcohol
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Steps to be taken Steps to be taken Steps to be taken to

to promote to promote promote Islamic values
Islamic values Islamic values establish Islamic Society
establish Islamic establish Islamic and Environment
Society and Society and
Environment Environment
Cordial and Cordial and Cordial and fraternal
fraternal relations fraternal relations relations with the entire
with the entire with the entire Muslim world
Muslim world Muslim world
Muslim head of Muslim head of
Muslim head of the state
the state the state (President) and Muslim
(President) (President) head of the
Government/Administration
(Prime Minister)
Islamic Research Islamic Research Teaching of Islamiat as a
Institute Institute compulsory subject at
secondary and Higher
Secondary Level.
Error free printing of Holy
Quran
Department of Auquaf to
monitor and supervised the
construction and renovation
of Masajid & Mazar and
their other related issues.
Council of Islamic Ideology
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Allied Question/SlO=Define the term federation.

●Federation: ​Combination of number of
states/provinces working under one central
authority/government in a way that there is a
distribution of powers/authority
between/among the Central and other
states/provinces i.e. Federation of USA---51
governments functions in USA simultaneously
one in Washington D.C(Central Government)
and 50 (provincial governments) in 50
states/provinces of USA.

2.2.9 = Describe the salient features of 1973

constitution.
● Written Constitution with 280 articles, 7 schedules
(Chapters) and a preamble (Introductory Part)
● Islamic in Nature as president & the prime minister both
had to be a Muslim, No law made against Quran and
Sunnah, brotherly relationship with the Muslim World
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sovereignty of Allah the Almighty was ensured and

emphasized, Error free printing of Holy Quran.
● Federal system has to be adopted which declares that
powers will be distributed between Center and four
provinces of Pakistan with three list---- The federal list
discusses the powers of the Center; the provincial list
discusses the powers of Provinces and the Concurrent list
or the list of the common powers enjoyed by both the
central and provincial governments.
● Bicameral Legislature or Two - house parliament called
as National Assembly and the Senate (comprising 342
seats for national assembly and 104 for the Senate) will be
formed to make legislation for the people of Pakistan.
● Fundamental Rights such as right to life and property,
right to practice religion, right to choose economic
profession, right to move , right to freedom of expression
, right to assemble , right to form political party, right to
receive education will be guaranteed for every citizen of
Pakistan without any religious political and economic
discrimination.
● Judiciary (Superior or the Supreme Court) will be made
independent so that the fundamental rights may be insured
and any arising issue between the central and provincial
government could be solved by the Judiciary.
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● Direct form of elections would be adopted to choose the

member of national and provincial assemblies with the
prescribed voting age as 18 to cast the vote.
● Urdu language would serve as the National language of
Pakistan. While English will serve as language of offices
by 1988.

Allied Question/SlO=Does constitution of 1973

fulfill the conditions of a federation?
● A federation requires a written constitution having superiority
over all institutes/elements of a state and the constitution of
1973 is in written form having the superiority over all organs
of the state of Pakistan.
● Distribution of powers between a central and provincial
governments is the fundamental requirement of a federation--
the constitution of 1973 clearly mentions the list of central and
provincial powers and determines their domain of Powers.
● In a federation the provinces enjoy the provincial
empowerment(autonomy) and the constitutional 1973 does
offer provincial autonomy.
● In a federation it is the Judiciary which settles any arising
issue between the Centre (Federal government) and
Province/s(provincial government/s)--- we fined the same
characteristic/feature in the constitution of 1973 as Supreme
Court does the same job in Pakistan.
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2.2.9 = Compare the three constitution in term

of nature and features of 1956, 1962 and 1973
(constitutions).

1956 1962 1973

Constitution was Constitution was Constitution was
written in nature written in nature written in nature
Constitution was Constitution was a rigidConstitution was
rigid -cum-flexible (a complicated rigid
(could not easily be procedure required to -cum-flexible
amended or did not amend it) (could not easily
require a very be amended or
complicated did not require a
procedure to amend very complicated
it) procedure to
amend it)
Federal system was Federal system was Federal system
adopted (Pakistan to adopted (Pakistan to be was adopted
be Federation) a Federation) (Pakistan to be a
Federation)
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Parliamentary form Presidential form of

Parliamentary
of government was government adopted form of
adopted. government
adopted.
Unicameral Unicameral Legislature Bicameral
Legislature (One-House Legislature
(One-House Parliament—National (Two-House
Parliament—Nationa Assembly) Parliament—Nati
l Assembly) onal Assembly
and the Senate)

Constitution was Constitution was in Constitution was

Islamic in Nature as Islamic in Nature as more Islamic in
Pakistan to be Pakistan to be Islamic Nature as
Islamic Republic, Republic, President to a Pakistan to be
President to be a be Muslim, Objectives Islamic Republic,
Muslim, Objectives Resolution to be the Islam to be the
Resolution to be the Preamble of state religion
Preamble of constitution. President and
constitution. Prime Minister to
be Muslims,
Objectives
Resolution to be
the Preamble and
compulsory part
of the
constitution,
Islamiat as
compulsory
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subject for
secondary and
higher secondary
level
Fundamental rights Fundamental rights Fundamental
fully granted. were partially granted. rights fully
(freedom of speech, granted.
right to assemble, right
make an
association/party were
not granted)

Judiciary (Supreme Judiciary (Supreme Judiciary

Court) was Court) was not (Supreme Court)
Independent with Independent (without was Independent
Judicial power of Judicial power of with Judicial
Review. Review. power of Review.
Urdu and Bengali to Urdu and Bengali to be Urdu to be the
be National National Languages National
Languages Language of
Pakistan
Karachi to be the Islamabad (West Islamabad to be
State Capital Pakistan) and Dhaka the State capital.
(east Pakistan) to be the
State Capitals
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2.2.11= Evaluate the steps taken towards

Islamisation in Pakistan with reference to 1956,
1962 and 1973 Constitutions.

Political
● Objectives Resolution (1949) was the first initiatives
towards Islamization incorporated into the
constitution of 1956 then 1962 and then 1973
constitution. The most important feature of the
resolution was Sovereignty rests with Allah the
almighty instead of people of Pakistan.
● Pakistan was officially/constitutionally declared as
Islamic Republic for the first time in the constitution
of 1956, later in 1962 and 1973 constitutions.
● Head of State to be Muslim—1956 and 1962
constitutions
● Head of state(president) and Head of Government
(P.M) must be Muslims----1973 constitution.
● No Law against Quran and Sunnah----1956,1962 and
1973 constitutions.
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● Steps to be taken to promote Islamic values, establish

Islamic Society and Environment---1956,1962 and
1973 constitutions.
● Advisory Council of Islamic Ideology—to
recommend steps to the government which would
make the Muslims to order their lives according to
the concept of Islam-----1962
● Council of Islamic Ideology would guide the
government in respect of Islamic teachings, their
implementation and propagation. ---1973
● Parliament of Pakistan to called Majlis Shoora---1973
constitution---- Introduced under Zia’s Policy of
Islamization
● Article 62(of 1973 constitution) talks about the
qualification for the member of the Parliament or
Majlis-e- Shoora that he (the candidate) is of good
character and is not commonly known as one who
violates Islamic Injunctions. He should be Sadiq
(truthful and Ameen(trustworthy/honest)—1973
constitution---- ​Introduced under Zia’s Policy of
Islamization
Hudood ordinance (Islamic Punishments for Theft, drinking
(​

wine, Adultery, Fornication; Amputation of hands, stoning to death

and lashing etc) was promulgated in the country in
1979---Introduced under Zia’s Policy of Islamization incorporated
into the constitution of 1973 constitution.
Page ​35​ of ​45

● Federal Shariat Court was established in 1981---

Introduced under Zia’s Policy of Islamization
● Ordinance for the sanctity of Ramzan ul Mubark. –
(fine, arrest and lashes for those who would publicly
eat and drink and smoke in the month of Ramadan)
Introduced under Zia’s Policy of Islamization.
● Prayer Ordinance (Prayers break was introduced in
offices, and Mohalla Salat Committees were formed
to observe the compliance of Prayer Ordinance) --
Introduced under Zia’s Policy of Islamization

Religious
Islamic Research Institute to assist in the reconstruction of
Muslims society in truly Islamic basis---1956 and 1962
Council of Islamic Ideology----1956 and 1973
Islam to be the official/state religion---1973
Islamization of Mass Media---live telecast and broadcast
of Azan, Arabic News bulletin, Special Islamic programs-
Introduced under Zia’s Policy of Islamization.
Introduced under Zia’s Policy of Islamization

Educational
Page ​36​ of ​45

● Teaching of Quran was compulsory for

Muslims----1956
● New education Policy with Islamic character of
syllabus along with Pakistan Studies and Islamiat
compulsory for all the classes up to graduation. -----
Introduced under Zia’s Policy of Islamization

● Textbooks were overhauled to remove un-Islamic

material, and un-Islamic books were removed from
libraries------- Introduced under Zia’s Policy of
Islamization

● Arabic was introduced as a compulsory subject from

6​th​ to 8​th​ classes--- Introduced under Zia’s Policy of
Islamization

Economic
● Zakat and Usher Ordinance (Zakat deducted on
saving accounts & investments; Usher(10% tax) was
imposed on annual agricultural output-- Introduced
Page ​37​ of ​45

under Zia’s Policy of Islamization in 1981 and 1983

respectively.
● Pakistan Bat-ul-Mall was established--- Introduced
under Zia’s Policy of Islamization

● Interest free banking initiated in 1981 on the principle

of profit & loss sharing-- Introduced under Zia’s
Policy of Islamization

Social
● Ban on purchase and sale of alcohol and
narcotics—1956,1962and 1973
● Ban on prostitution (selling honor) --- 1956,1962and
1973

● Steps to be taken to promote Islamic values, establish

Islamic Society and Environment---1956,1962 and
1973 constitutions
Page ​38​ of ​45

Allied SLO: Give the main features of 18​th

Amendment

The significant change was introduced in the Constitution

of 1973(the existing constitution) 1n 2010 known as the
18​th​ Amendment.
Main Features of the 18​th​ Amendment
● The President would no longer be able to dissolve the
Parliament---removal of National Assembly and the
PM
● The NWFP could change its name as KPK
● Changes in the spelling in Sind to Sindh and
Baluchistan was to be Balochistan.
● The restriction on a person to be a Prime Minister
and/or chief minister for the third time has been
removed.
● The Senate shall consist of 104 members instead of
100------23 seats for each province
08 seats for FATA ,04 seats for Islamabad (Federal
Capital) and 04 Seats for minorities------1+1+1+1 for
each province.
● The state shall provide free and compulsory
education to all children of the ages of 05 to 16 years
in such manner as may be determined by law.
Page ​39​ of ​45

● For the determination of his civil rights and

obligation or in any criminal charge against him a
person shall be entitled to a fair Trial and due
process.
● Any person who suspends the constitution shall face
high treason trial.
● Every citizen shall have the right to have access to
information in all matters of public importance
subject to regulation and reasonable restrictions
imposed by law.
● The province could now legislate (make laws) on
educational curriculum, health, marriage contracts,
environmental pollution, firearms, bankruptcy and 40
other diverse areas as per their own understanding
and choice.

Fundamental Rights
All benefits, privileges and facilities given,
granted to the citizens, and guaranteed by the
Page ​40​ of ​45

constitution of a State are called Fundamental

Rights.
●In the constitution of 1973, the
Fundamental Rights are ensured under
Part II ---Fundamental Rights----Articles
08 ---28

CHAPTER 1. – FUNDAMENTAL RIGHTS 6

1. Laws inconsistent with or in derogation of Fundamental Rights to be void
.......................................................................................................................... 6
2. Security of person 7
3. Safeguards as to arrest and detention 7
10A. Right to fair trial 9
4. Slavery, forced labor, etc., prohibited 9
5. Protection against retrospective punishment 10
6. Protection against double punishment and self-incrimination 10
7. Inviolability of dignity of man, etc. 10
8. Freedom of movement, etc. 11
9. Freedom of assembly 11
10. Freedom of association 11
11. Freedom of trade, business or profession 11
12. Freedom of speech, etc. 12
19A. Right to information. 12
13. Freedom to profess religion and to manage religious institutions 12
14. Safeguard against taxation for purposes of any particular religion 12
15. Safeguards as to educational institutions in respect of religion, etc. 13
16. Provision as to property 13
Page ​41​ of ​45

17. Protection of property rights 13

25A. Equality of citizens 15
18. Right to education 15
19. Non-discrimination in respect of access to public places 15
20. Safeguard against discrimination in services 15
21. Preservation of language, script and culture 16

●Article o8----No Law contrary to the

fundamental rights.
●Article 09---- Security of a person (right to
life)
●Article 10----Safeguards as to Arrest and
Detention
●Article 10 A Fair trial for every citizen.
●Article 11 ----Slavery and Forced Labor
Prohibited.
●Article 12--- Protection Against
Retrospective Punishment
●Article 13---Protection Against Double
Punishment
Page ​42​ of ​45

●Article 14--- Inviolability of Dignity of Man

(privacy of home, no torture for the
purpose of extracting evidence)
●Article 15---Freedom of Movement
●Article 16--- Freedom of Assembly
●Article 17--- Freedom of Association
● Article 18--- Freedom of Trade, Business or
Profession (​lawful profession, trade and business)
●Article 19--- Freedom of Speech(​Every citizen shall have
the right to freedom of speech and expression, and there shall be freedom of the press,
subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or
the integrity, security or defense of Pakistan or any part thereof friendly relations with
foreign States, public order, decency or morality, or in relation to contempt of court,
[commission of] or incitement to an offence.

Article 19 A (​Every citizen shall have the right to have access to information in
all matters of public importance subject to regulation and reasonable restrictions imposed

)by law​

●Article 20--- Freedom to profess religion

and To Manage Religious Institutions
●Article 21----Safeguard against Taxation for
Purpose of any Particular Religion.
Page ​43​ of ​45

●Article 22---- Safeguard as to Educational

Institutions in Respect of Religion (No
forced learning of other religious
instructions/teaching. No
1.No person attending any educational institution shall be required to receive religious
instruction, or take part in any religious ceremony, or attend religious worship, if such instruction,
ceremony or worship relates to a religion other than his own.

(2) In respect of any religious institution, there shall be no discrimination against any community
in the granting of exemption or concession in relation to taxation.

●Article 23----Right to have Property

● Article 24--- Protection of Property Rights

(​No person shall be compulsorily deprived of his property save in accordance with law)
●Article 25---Equality of Citizens (​All citizens are equal before
law and are entitled to equal protection of law.​)

●Article 25 A -----Right to Education

(The State shall provide free and compulsory education to all children of the age of five to
sixteen years in such manner as may be determined by law​.)

Article 26.​ ​Non-discrimination in respect of access

to Public places
Page ​44​ of ​45

( In respect of access to places of public entertainment or resort not intended for religious purposes only, there
shall be no discrimination against any citizen on the ground only of race, religion, caste, sex, residence or place
of birth.) .

Article 27.​ ​Safeguard against discrimination in

services.

28 .Preservation of language, script and culture.

Subject to Article 251 any section of citizens having a distinct language,
script or culture shall have the right to preserve and promote the same and
​
subject to law, establish institutions​ for that purpose.

Article: 251 National language 

251. National language. -(​1) The National language of Pakistan is Urdu, and arrangements shall be made for its being
used for official and other purposes within fifteen years from the commencing day.

(2) Subject to clause (1), the English language may be used for official purposes until arrangements are made for its
replacement by Urdu.

(3) Without prejudice to the status of the National Language, a Provincial Assembly may by law prescribe measure for the
teaching, promotion and use of a provincial language in addition to the national language.

_________________________________________

What is an Emergency?
An emergency is a situation that poses an immediate risk to health, life, property, or environment. Most emergencies
require urgent intervention to prevent a worsening of the situation, although in some situations, mitigation may not
be possible, and agencies may only be able to offer palliative care for the aftermath.

Emergency Under Constitution of Pakistan 1973

Page ​45​ of ​45

232 Proclamation of emergency on account of war, internal disturbance, etc.

(1) If the President is satisfied that a grave emergency exists in which the security of Pakistan, or any part
thereof, is threatened by war or external aggression, or by internal disturbance beyond the power of a
Provincial Government to control, he may issue a Proclamation of Emergency.

 ​ [​Provided​
that for imposition of emergency due to internal disturbances beyond the powers of a
Provincial Government to control, a Resolution from the Provincial Assembly of that Province shall be
required:
Provided​ further that if the President acts on his own, the Proclamation of Emergency shall be placed
before both Houses of Majlis-e-Shoora (Parliament) for approval by each House within ten days.