Group Members:

1. Uzair Hasan Khan, 21430

2. Navid Godil, 13752

3. Ammar Akhtar uz Zaman

4. Rao Saim Zafar - 16756

“The basic principles and laws of a nation, state, or social group that determine the
powers and duties of the government and guarantee certain rights to the people in it “.

Introduction:

Pakistan is an Islamic federal republic with a multiparty parliamentary system of government

largely based on the UK model pursuant to the 1973 Constitution of Pakistan. Pakistan’s
federal legislative branch consists of the President, the National Assembly as the lower house,
and the Senate as the upper house. The National Assembly and Senate constitute Pakistan’s
bicameral Parliament.

The National Assembly has 342 seats, including seats reserved for women and non-Muslims.
The Senate of Pakistan consists of 104 members elected indirectly by the members of the
National Assembly and the members of the provincial assemblies. Members of the National
Assembly are elected through a mixed electoral system, also known as a “parallel system.”

In order for a bill to become law in Pakistan, it must undergo a legislative procedure in each
house of Parliament that involves twelve or thirteen steps, including three readings in both the
National Assembly and the Senate, followed by the Presidential assent. This procedure is
regulated by Pakistan’s Constitution and the Rules of Procedure of the relevant house.

The State of Pakistan was created under the Independence Act of 1947, an Act of the UK
Parliament, which partitioned British India into two independent dominions of India and
Pakistan.

Definition of Law:

“The system of rules which a particular country or community recognizes as regulating

the actions of its members and which it may enforce by the imposition of penalties”

Law is a system of rules that are enforced through social institutions to govern behavior. Laws
can be made by legislatures through legislation (resulting in statutes), the executive through

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decrees and regulations, or judges through binding precedent (normally in common law
jurisdictions).

Purpose of Law:

There may be numerous purposes of law, some important are as follows:

● Resolve issues and satisfaction for victims (i.e. revenge).

● Deterrent to discourage others from acting in a way considered detrimental to society.
● To prevent vigilantism and mob justice, often targeting innocent third parties.
● Setting standards for minimum acceptable limits to live in society.

Sources of Law:

“Sources of law mean the origins of law, i.e. the binding rules governing human conduct. Such
sources may be international, national, regional or religious. The term "sources of law" also
refers to the sovereign or the state from which the law derives its force or validity”

5 main sources of law are:

ALL OVER THE WORLD IN ISLAMIC COUNTRIES

1. Federal & state constitutions Holly Quran

2. English Common Law Sunnah

3. Statutes Hadis

4. Court decisions Hadith

5. Administrative Law Ijma

The Law of Pakistan

The Law of Pakistan is the law and legal system existing in the Islamic Republic of Pakistan.
Pakistani law is based upon the legal system of British India; thus ultimately on the common law
of England and Wales. Pakistan as an Islamic republic also has been influenced by Islamic
Sharia law.

Process of Law Making

The Constitution sets out the procedure to be followed for promulgating a statute. Broadly, this
requires a Bill to be passed by both Houses of Parliament – the National Assembly and the
Senate. Upon a Bill’s passage through both Houses, it is presented to the President of Pakistan
for assent and becomes an Act of Parliament upon receiving such assent. In the absence of the
National Assembly, statutes are promulgated by the President pursuant to Article 89(1) of the

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Constitution. Under this Article, the President may, if satisfied that circumstances exist which
render it necessary to take immediate action, make and promulgate an Ordinance. Such
Ordinances have the same force and effect as an Act of Parliament. A similar power is
bestowed upon Provincial Governors by Article 128(1) of the Constitution in respect of matters
falling within provincial legislative authority.

The steps to passage involve introduction of the bill, a first reading, the select committee stage,
a second reading, a third reading, and presidential assent. More generally, article 70 of the
Constitution provides the following rules on the introduction and passage of bills:

(1) A Bill with respect to any matter in the Federal Legislative List may originate in either
House and shall, if it is passed by the House in which it originated, be transmitted to the other
House; and, if the Bill is passed without amendment, by the other House also, it shall he
presented to the President for assent.

(2) If a Bill transmitted to a House under clause (1) is passed with amendments it shall be
sent back to the House in which it originated and if that House passes the Bill with those
amendments it shall be presented to the President for assent.

(3) If a Bill transmitted to a House under clause (1) is rejected or is not passed within ninety
days of its laying in the House or a Bill sent to a House under clause (2) with amendments is not
passed by that House with such amendments, the Bill, at the request of the House in which it
originated, shall be considered in a joint sitting and if passed by the votes of the majority of the
members present and voting in the joint sitting it shall be presented to the President for assent.

Types and Forms of Bills

Generally, there are two forms of bills:

New legislation sponsored by Government ministers are called Government bills and bills that
originate with a member of Parliament are known as Private members’ bills.

A bill must go through the following steps (in both Houses) to become law:

● First reading: Bill arrives.

● Second reading: Main debate on purpose and key areas of the bill.
● Committee stage: Detailed line by line scrutiny of the text with amendments (proposed
changes). Votes may take place to decide whether to make the changes.
● Report stage: Further examination of the text. More amendments are debated and
further votes take place to decide whether to make the changes.
● Third reading: After clause-by-clause consideration of the Bill, the member-in-charge of
the Bill can move a motion that the Bill (or the Bill, as amended, as the case may be) be
passed. At this stage, the debate is confined to arguments either in support or for
rejection of the Bill without referring to the details thereof.

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 ● Presidential Assent: When both Houses agree to the final content, a bill is assented by
the Parliament and becomes a law or ‘Act of Parliament’. President can return the bill
with a ‘message’ if it is not in the larger interest of the masses.
● The bill is again sent back to the ministry to check for any amendments required against
the ‘message’ sent by the President. When it is amended if required, it is again sent to
the joint session of parliament.

The bottom line:

Bills and Legislations are proposals for new laws or changes to existing laws which are
presented for debate before the National Assembly or the Senate. A federal bill must pass three
readings in both the National Assembly and the Senate before it is passed into law.

1. Introduction, Order of the Day, and First Reading

2. Bills Repugnant to the Injunctions of Islam

3. Select Committee Stage

4. Second Reading

5. Third Reading & Passage of Bill

6. Repeated in Other House

7. Presidential Assent

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 [ AS INTRODUCED IN THE NATIONAL ASSEMBLY ]

Bill

For Implementation of Uniform Educational System in Pakistan and elimination of

Class System

WHEREAS it is expedient to implement the Uniform Educational System for Pakistan, and
elimination of Class System in Education.

It is hereby enacted as follows:

1. Short title, extent, and commencement.

(1) This Act shall be called Uniform Educational System in Pakistan and
Elimination of Class System Act 2021 (ESECS-21)

(2) It extends to the whole Islamic Republic of Pakistan.

(3) It shall come into force at upon a completion of intermediary period of one (1)
year non-extendable.

2. Definitions. In this Act unless anything is repugnant to the subject or content,

a) “Education” means the process of learning through the process of instruction,

training and teaching.

b) “Believed” means confidence in what you accept

c) “Disparities” means any unfair difference that is noticeable and can be proved
with logical argument.

d) “Basic Right” means right to live and liberty, freedom from slavery and torture,
freedom of opinion and expression of ones opinion without any pressure of
consequences.

e) “Specialization” means being a subject matter expert through level of education,

experience and/or knowledge.

f) “Unity” means becoming one.

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 STATEMENT OF OBJECTS AND REASONS

It is believed that a uniform education system will help bridge the disparities that exist among
children belonging to different provinces and coming from socio-economic backgrounds by not
only using the same curriculum across the country but also by making sure that all students are
tested and examined under the same parameters. It is also assumed that doing so will help
provide equal employment opportunities to all, irrespective of their class.

Obviously students here come from different backgrounds and financial environments. This will
serve as a major hurdle in bringing a uniform education system in Pakistan, the key factor will
be to provide equal opportunities right from Grade - I to University level.

The new system to be introduced in Pakistan, so that a uniform education system for all, is the
basic right for human beings in a country so that it should be prepared and introduced in
Pakistan. In Pakistan, the elementary and secondary level education to be done in a uniform
manner, so that all the curriculum activities to be involved in the system, to be covered by all the
basic activities of the science. The basic education system should be having the language
study, and the science, Civilization history and geography and other basic structure of the
society to be taught in all the systems uniformly in the primary and secondary education system.
The specialization of the subject should be just after secondary education, should be in the
Europe and America like system, so that the science, arts, engineering, medicine to be divided,
so that the specialization can be done in the best way, throughout the country in a uniform
manner. The unity of the nation and the opportunities of all citizens to be equal in the country
and lead to the intellectual in United communities so that all the good qualities of the education
to be combined to be educated to prove the power in Pakistan uniformly. The divide and rule
policy of the existing system should be deleted from the root of the society. So that, the
uniformity among all the societies for the United Nations for the United country to be established
in a reasonable way through the education system. In this way, the system of education and
other related factors are very clearly explained, the need to understand all public and to be
tabled in the Parliament for the law enactments and enforcement.

There are three different education systems currently prevailing in our country.

1. English Medium
2. Public Schools
3. Madrassah

Since private schools (English Medium) are major stakeholders in urban areas whereas
Madrassahs (Urdu Medium covering Islamic Studies) are enjoying a major chunk in rural areas,
it will be required to eliminate the gap between three different education systems.

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Curriculum for the primary, secondary and high school level will be prepared with the consensus
of all the stakeholders across all provinces. New books will be published and distributed to rural
areas students in the 1st step and then urban areas in the next step.

Students come from monthly household income less than Rs. 50,000 will receive all the
curriculum books at no cost. Whereas Students come from monthly household income greater
than Rs. 50,000 and less than Rs 75,000 will receive all the curriculum books at 50% of the total
cost. Students come from monthly household income greater than Rs. 75,000 will receive all the
curriculum books at 100% of the total cost. Accordingly, a separate budget will be allocated for
this.

The National Curriculum would be based on the policy of bringing the Urdu Medium and
Madressah Curriculum at par with the internal education standards, inclusive of subjects based
on three separate segregation of subject selection:

1. Compulsory Subjects (Primary and Secondary) inclusive of English, Urdu, Islamic

Studies/ Contemporary Religions, Pakistan Affairs, Social Sciences and Mathematics.
2. Optional Subjects (Secondary Education) based on streams opted by Students, either
Sciences, Arts or Finance including Physics, Chemistry, Statistics and Computer
Science/ Biology for Sciences. Accounts, Finance, Economics, Statistics/ Commerce for
Finance and relative selection for Arts Subjects.
3. Language Subjects (Secondary Education) inclusive of Arabic, Sindhi, Punjabi, Farsi,
Baluchi and Pashto. Selection of atleast one language subject is compulsory on students
irrespective of the provincial residence.
4. Curriculum would be devised and revised by National Education Commission consisting
of representatives from Ministry of Federal Education and Training, Higher Education
Commission, Private School Association, and Provincial Education Secretaries inorder
to prepare a curriculum in accordance to the international standards and preparing
students for Higher Education.
5. In accordance with the 18th Amendment the Education would continue to remain a
provincial subject.
6. National Education Commission would ensure a smooth transition of Students from
different streams to the National Unified Curriculum under this Bill.
7. All Educational Streams under National Unified Curriculum would be English Medium
Based to bring all students at Par with international standards.
8. Foundation Year spanning over the period of One Year would be initiated for students
shifting from different boards to the National Unified Curriculum in close coordination
with Provincial Education Ministries.
9. Teacher Training Programs would be conducted for all Teachers for Government and
Private Sector Schools for Training in National Unified Curriculum.
10. Ministry of Federal Education and Training would

Member National Assembly

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