SALIENT FEATURE OF CONSTITUTION 1973

1. Introduction

The 1973 constitution of Pakistan was adopted on April 12, 1973. This constitution fully
represents the ideology and democratic aspiration of the people of Pakistan and constitution is
the supreme law of the land and it is considered as an instrument by which a Government can be
run. It replaces the basic laws of the state. It decides the attributes of the government and
provincial Govt. in constitution is federal cum parliamentary in its characteristics. The
constitution of Pakistan is based on principle of tracheotomy of power. It is a social contract
which binds people, society and a state to act within the framework of the constitution.

2. Background

The 1973 Constitution was the first achievement of Bhutto Government. After taking control of
the government in 1971, Zulfiqar Ali Bhutto started work on a democratic constitution for the
country. On 17th April 1972 the National Assembly constituted a committee to prepare a draft
constitution. The Committee worked hard and prepared the draft of the constitution, which was
presented to the leaders of all parliamentary leaders on 20th October 1972. All the leaders signed
the draft. After that it was discussed and debated n the National Assembly which gave its
approval on 10th April 1973. The President gave his assent on 12th April 1973. Finally the
Senate approved the constitution in August 1973. Consequently the constitution was enforced in
the country on 14th August 1973. According to the Constitution of 1973 Mr. Zulfiqar Ali Bhutto
took over as the tenth Prime Minister and Mr. Fazl-e-Elahi was sworn in as the President of
Pakistan.

3. Sources of Constitution of Pakistan 1973

The sources of constitution of Pakistan 1973 are as follows;

• Act of 1935

• Objective resolution

• Constitution of 1956

• Interim constitution of 1972

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4. Salient Features of Constitution of Pakistan 1973

Following are the salient features of the constitution of Pakistan 1973

i) Written Constitution

Constitution of Pakistan 1973 is a written constitution. It comprises of 280 Articles. It also

contains 6 schedules, which has been divided into 12 parts.

ii) Rigid Constitution

The constitution of Pakistan 1973 is rigid because amendment procedure is not easy. This
constitution provides that 2/3 majority of votes of members National Assembly and Senate,
and assent of President of Pakistan are necessary for its amendment.

iii) State Religion

The constitution of Pakistan 1973 announces that Islam would be state religion.

iv) National Language and Official Language

In accordance with Article 251 of the present constitution Urdu has been declared as National
Language of Pakistan but the official language is English. Moreover it was said that
arrangements shall be made for making Urdu official and other purposes language within
fifteen years from the commencing day.

v) Federal System

The Constitution of 1973 has introduced a Federal system in the country. The federation of
Pakistan consists of a Central Government and four Provincial Governments. The Federal
Government is headed by a President elected by members of Majlis-e-Shoora (Parliament)

vi) Parliamentary form of Government

The 1973 Constitution proposes a Parliamentary form of Government in the country. Prime
minister is the head of the Parliamentary system. He is leader of the Majlis-e-Shoora
(Parliamentary). He is elected on direct adult franchise basis. The Prime Minister selects a
cabinet of central ministers from the members of Parliament which conducts the affairs of the
country. According to 1973 Constitution the Prime Minister enjoys wide powers.

vii) Direct Elections

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Constitution of Pakistan 1973 has provided method of direct elections to elect members of
National Assembly and Provincial Assembly.

viii) Bicameral Legislature

The Constitution provides for the establishment of a bicameral legislature in Pakistan. The
Parliament consists of two Houses named Senate and National Assembly. The Senate or the
Upper House consists of 104 members. The National Assembly consists of 342 members. The
Majlis-e-Shoora enjoys wide powers of legislature. The President on the advice of the Prime
Minister could dissolve the National Assembly.

ix) Preamble

Preamble means an introductory part of statue; it is not the part of the constitution. It is stated
in it than sovereignty over entire universe belongs to Almighty Allah. Objective Resolution
1949 was made the preamble of the constitution of Pakistan and through 8th amendment in
1985 it was inserted as Article 2A and thus made the substantive part of the constitution.

x) Holding of Referendum

The president of Pakistan is authorized to order for holding a referendum on any issue of
national importance.

xi) Single citizenship

The Constitution of 1973 has established the principles of single citizenship. According to this
principle the rights and duties of the citizens are determined by the Federal Constitution only.
Thus the people throughout Pakistan are citizens of Pakistan.

xii) Independence of Judiciary

The Constitution of 1973 stresses upon the establishment of an independent judiciary. Full job
security has been provided. The judges are appointed by the President. They cannot be
removed from service before the end of their term except on the recommendation of the
Supreme Judicial Council. In addition the Judges are paid respectable salaries.

xiii) Rights of Minorities

Rights of Minorities have been protected in the 1973 constitution.

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xiv) High Treason

The abrogation of the constitution through unconstitutional means is high treason. It cannot be
abrogated by the use of force

Preamble of the Constitution of Pakistan

xv) Guarantee of fundamental rights:

The constitution of Islamic republic of Pakistan provides the fundamental rights to its citizen.
The fundamental rights guaranteed include:

•Security of person

•Safeguard against unlawful arrest and detention

•Prohibition of slavery and forced labor

•Freedom of movement and assembly

•Freedom of association

•Freedom of business

•Freedom of speech

•Freedom of profess religion

•Right to hold property

•Equality before law

•Right to preserve language, script and culture

•Safeguard against discrimination in services.

xvi) Islamic System

In light of the previous experience, the Constitution of 1973 was more Islamic in character than
the previous ones. The Constitution recognized Islam as the religion of the country and
enjoined upon the State to serve the cause of Islam and to bring all existing laws in conformity
with Islam. The inclusion of Islamic Provisions has given the 1973 Constitution an
unprecedented Islamic character. It ensures an Islamic system in the country.

xvii) Principles of Policy

The Constitution of 1973 has set the following principles of policy:

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 • Local electoral bodies will be set up for solving local problems.

• The parochial and other prejudices shall be discouraged.

• The women shall be given full representation in all spheres of national life.

• Social justice shall be promoted.

• Bonds with Muslim world shall be strengthened.

xviii) Rule of Law

The 1973 Constitution establishes rule of law in Pakistan. According to rule of law no person
can be deprived of his fundamental rights. All the citizens of Pakistan are equal before law.

xix) Inclusion of new Commissions

National Finance Commission (NFC), Council of Common Interests (CCI) and National
Economic Council(NEC) were included in the constitution for the first time.

5.Conclusion:

To conclude it can be said that the 1973 constitution of Islamic Republic of Pakistan provides for
a democratic state, parliamentary form of government with bicameral legislature. It is the
constitution of elected people. All major political parties of Pakistan unanimously accepted it.
Minorities also have safeguard and fundamental rights in this constitution.

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 THE ISLAMIC PROVISION OF THE CONSTITUTION

1.Introduction:

The constitution of Pakistan is regarded as an Islamic constitution because in it Islam has been
declared as the state religion. No law can be made against the Islamic provisions. It has also been
prescribed in the principles of policy that state shall enable the Muslims of Pakistan to adopt the
Islamic way of life.

Relevant Provisions:

Article 2, 2A and 277 to 231 of the constitution of Islamic republic of Pakistan.

2.Islamisation of existing laws:

The present constitution declares that all existing laws shall be brought in conformity with the
injunctions of Islam as laid down in the holy Quran and Sunnah. The expression Quran and
Sunnah shall mean the Quran and Sunnah as interpreted by any Muslim sect when applied to the
personal law of the non-Muslim citizens of Pakistan or their status as citizen.

3.Special Institution of Islamisation:

Two special institutions for Islamisation under the constitution have been established

i) Federal shariat court.

ii) Islamic Ideology council.

Case law P.L.D 1989 SC 613: It was held, legislature has no authority to enact
a law in any field including those relating to taxes which is repugnant to the
injunction of Islam and no other functionary including tax authorities has

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 power to lay down any unIslamic rule.

4.Islamic provisions in the constitution on 1973:

Following are the Islamic provisions of the present constitution.

i) Sovereignty of Allah Almighty:

According to the constitution the sovereignty of entire world belongs to Almighty Allah.

ii) Name of the State:

Name of the state is "Islamic republic of Pakistan".

iii) State Religion:

According to the constitution Islam shall be the state religion of Pakistan.

iv) Promotion of Islamic way of life:

State shall enable the Muslim of Pakistan, individually and collectively, to order their lives in
accordance with the fundamental principles and basic concept of Islam.

v) Promotion of Social Justice and Eradication of Social evils:

State shall eradicate prostitution, gambling and taking of injurious drugs, printing,
publication, circulation and display of obscene literature and advertisements and it will also
prevent the consumption of the alcoholic Liquor otherwise than for medical, and in case of
non-Muslims purpose.

vi) Qualification for president:

Only the Muslim can be the president of Islamic Republic of Pakistan.

vii) Strengthening bonds with Muslim world:

State shall strengthen bonds with Muslim world on basis of Islamic unity.

viii) Qualification for prime minister:

Only a Muslim can be qualified for election as prime minister.

ix) The Islamic ideology Council:

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 There shall be constitution a council of Islamic ideology referred to as the Islamic council. it
shall make recommendations to parliament for enactment of Islamic law etc.

x) Definition of Muslim:

The constitution of 1973 has defined the word Muslim. A person who believe on oneness of
Almighty Allah and on the Prophet hood of Muhammad (S.A.W).

xi) Enforcement of Islamic laws:

State shall enforce Islamic law as soon as possible.

xii) Protection of Islamic values:

State shall protect Islamic value in the country.

xiii) Welfare state:

The concept of welfare has been adopted.

xiv) Protection of Minorities:

In the constitution of 1973, the non-Muslims minorities have been given rights and
protection.

xv) Promotion of Islamic teaching:

It has been declared that state will endeavor to make compulsory the teaching Holy Quran
and Islamic studies.

xvi) Correct publishing of Holy Quran:

State shall ensure the correct publishing of Holy Quran.

xvii) End of Interest:

State shall eliminate Riba system in the country as soon as possible.

5.Conclusion;

To conclude it can be said that the constitution of 1973 of Islamic republic of Pakistan contains a
number of Islamic provisions. No law which is repugnant to the basic principles of Islam can be
valid. Constitution says that state shall enable the Muslims of Pakistan to order their lives
individual and collectively in accordance with the principles and concept of Islam.

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 PREAMBLE OF THE CONSTITUTION OF PAKISTAN

1.Introduction:

The preamble of the constitution is a brief and well worded statement of the principle which
guided the constitution makers. Preamble means an introductory statement in a constitution,
statute or other document, and it explains basis and objective of such document. A preamble
often consists of a series of clauses. Contrary to this preamble of constitution of Pakistan consists
of objective resolution. It is not the part of the constitutions as article. It is merely a statement
affined to statute indicating the principles used as guidelines by its framer.

2.Meaning of preamble:

According to oxford dictionary of law: “The part of a statue that sets outs its purpose and
effects”. According to black law dictionary: “An introductory in a constitution, statute or other
document explaining the document’s basis and objective”. According to Osborn's concise law
dictionary: The recitals set out in the beginning of a statute showing the reason for the act.

3.Purpose of preamble:

The preamble of the constitution is not justifiable as other parts of the constitution. The preamble
is written in the constitution just to determine the ideals and the objects for the government to
achieve. It helps in the interpretation of the provisions of the constitution when they are
ambiguous or resolve a dispute between two conflicting provisions of the constitution.

4.Nature of preamble:

Preamble is not legally enforceable. It states principles and brief statement. All the principles laid
down in the preamble find expression in the enactment and provides guiding light true
appreciation and understanding of document.

5.Significance of preamble in the constitution:

Preamble helps in interpreting the provisions of the constitution. It can be looked when some
article is ambiguous. It also explains the object of the constitution.

6.Preamble of the Constitution of Pakistan

Objective resolution was made the preamble of the constitution of Pakistan in 1973. This
resolution was presented by Prime minister of Pakistan Liaqat Ali Khan and passed by Governor

9
General Khawaja Nazim-ud-din. This document is considered a land mark in the constitutional
history of Pakistan. This sets the basic principles for the constitution of Pakistan. Objective
resolution was also the preamble of the abrogated constitutions of 1956 and 1962. This was made
the part of 1973 constitution through an amendment.

7.When did preamble of constitution of 1973 became article 2-a?

Preamble of constitution of 1973 has become article 2-A in 1985 through President order. Now it
is not only the preamble of constitution but also a substantive part of the 1973 constitution.

8.Salient feature of preamble of constitution of 1973:

Following are the salient feature of the preamble (Objective Resolution) of the constitution of
1973:-

i) Sovereignty:

Main salient feature of preamble of constitution of Pakistan is that it presents an important

principle that sovereignty belongs to Allah Almighty alone. However he has delegated it to
state of Pakistan through its people, but it should be exercised within those limits, which have
been prescribed by him. And it should be exercised as a sacred trust.

ii) Democratic system:

Pakistan is a democratic state, the preamble declares that 'state shall exercise its power and
authority through chosen representatives of the people" and " where in the principles of
democracy, freedom, equality, tolerance as enumerated by Islam shall be fully observed. It is
representative form of the democratic state.

iii) Injunctions of Islam:

The preamble declares that in the Pakistan the Muslims shall be enabled to order their lives in
the individual and collective spheres in accordance with teachings and requirement of Islam as
set out in the Holy Quran and Sunnah.

iv) Federation with autonomous units:

The territories in Pakistan or those which in accession with Pakistan and such other territories
as may hereafter by included in or accede to Pakistan shall form a federation. In which the
units will be autonomous with such boundaries and limitations on their powers and authority as

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may be prescribed. It is clear that the preamble upholds the principle of federation and
provincial autonomy as the basis of the constitution.

v) Safeguard integrity of Pakistan:

The territories consisting Pakistan are integral to it. It says “the integrity of the territories of the
federation its independence and all its rights including its sovereign rights on land, sea and air
shall be safeguard. The defense of Pakistan will made strong.

vi) Guarantee of fundamental rights:

The constitution of Islamic republic of Pakistan provides the fundamental rights to its citizen.
The fundamental rights guaranteed include:

• Equality of citizen.

• Equality of opportunity

• Equality before law

• Social, economic and political justice etc.

• Freedom of speech, trade, assembly and association

• Protection Of Minorities Rights:

Preamble of constitution of Pakistan has provided that adequate provision should be made for
minorities so that they can freely profess and practice their religions and develop their cultures.

vii) Independence of judiciary:

It also declares that the independence of judiciary should be fully secured.

viii) For the prosperity & happiness of the people of Pakistan and the world:

So that the people of Pakistan may propose and attain their rightful and honored place amongst
the nations of the world and make their full contribution towards international peace and
progress and happiness of humanity.

ix) Freedom of parliament:

The Parliament should be free and independent to make law for the nation.

x) Development of Backward Areas:

Special measures will be taken for the development of backward areas.

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9.Conclusion:

To conclude it can be said that; preamble provided basic principles for constitution making. The
majority in the first constituent Assembly of Pakistan passed it. It is in accordance with the spirit
of Islam and the combination of principles of modern democracy.

FUNDAMENTAL RIGHTS IN CONSTITUTION OF PAKISTAN 1973

1.Introduction:

Fundamental rights are those rights, which are provided to people against abuse of powers and
unfair damages so as to create pleasant and healthy atmosphere for people. Fundamental rights
are the basic rights of the citizens. According to constitution of Pakistan, all citizens are equal
before law and are entitled to equal protection of law. To fulfill this objective, constitution of
Pakistan has provided some fundamental rights and freedom to Pakistanis.

Relevant provisions

Articles 8-28 of Constitution of Islamic Republic of Pakistan

2.Meaning of fundamental rights:

Those rights which have their source and are explicitly or implicitly guaranteed in the
constitution.

3.Definition of fundamental rights:

"Fundamental rights are those natural rights which are personal to the individual as a citizen of a
free and civilized community and belong alike to every man, woman and child. According to
Black’s dictionary: A right derived from natural or fundamental law."

4.Object of guaranteed fundamental rights:

The object of guaranteed fundamental rights is to promote social, economic and cultural
conditions, which promote life, liberty and dignity.

5.Fundamental rights provided under 1973 constitution:

The fundamental rights provided under 1973 constitution may be classified as follows:-

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i) Right to life or liberty:

This right is the most important to all fundamental rights. It is the basis of the rule of law. It
declares that a person cannot be deprived of his life or liberty except in accordance with law.

ii) Safeguard as to arrest and detention:

Every person who is arrested and detained in custody shall be produced before a Magistrate
within a period of twenty four hours of his arrest. He has the rights to consult or be defended
by a lawyer of his choice.

iii) Safeguard against slavery and forced labors:

The constitution in conformity with the wish of the prophet has declared slavery altogether
illegal. So Slavery is forbidden and all from of forced labor are prohibited under constitution of
1973. no person can be forced to word against his will and no children below 14 years of age
can be engaged in any labor works.

iv) Protection against retrospective punishment:

Under the constitution no law, shall authorize the punishment of a person for an act or
omission that was not punishable by law at the time of act or omission.

v) Protection against double punishment and self incrimination:

Double jeopardy means prosecution or sentencing twice for the same offence and self
incrimination means to enforce a person to become witness against himself. Constitution of
Pakistan has negated concepts of double jeopardy and self incrimination.

vi) Inviolability of dignity of man etc:

This right is that dignity of man and subject to law the privacy of home is inviolable. It in clear
terms prohibits that no person shall be subjected to torture for the purpose of extracting
evidence.

vii) Freedom of movement:

Every citizen of Pakistan shall have the freedom of movement through Pakistan and to reside
and settle in any part of the country.

viii) Rights to assembly:

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Every citizen has right to assembly peacefully and without arms. Freedom of assembly is
subject to any reasonable restrictions, which are imposed by law in the interest of public order.

ix) Freedom of association:

Every citizen in Pakistan has right to form associations or unions provided that such steps are
taken within the limits.

x) Political freedom:

Every citizen of Pakistan not being in the service of Pakistan shall have right to from or be
member of a political party.

xi) Freedom to trade, business or profession:

Every citizen has the right to enter upon any lawful profession or occupation and to conduct
any lawful trade or business.

xii) Freedom to speech:

Every citizen of Pakistan shall have freedom of speech as well as expression. Freedom of
speech and expression is the major fundamental right of the people of Pakistan.

xiii) Freedom to profess religion:

Every citizen of Pakistan shall have right to profess, practice and propagate his religion.

xiv) Safeguard against religious taxes:

No person shall be compelled to pay any special tax for the support of propaganda of the
religion other than his own.

xv) Right to freedom of religious institution:

The constitution provides for safeguards in respect of religious educational institution. No

person will be compelled to receive religious instruction in religion other than his own.

xvi) Freedom to acquire property:

The constitution recognizes the institution of private property. It declares that every citizen has
the right to acquire held and dispose of property.

xvii) Protection of proprietary rights:

It lies down that no person will be deprived of his property save in accordance with law. This

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 right protects the citizen against arbitrary expropriation of deprivation of their property, except
in accordance with law.

xviii) Equality of citizen:

All citizens of Pakistan (Not Aliens) are equal before law and are entitled to equal protection of
law. There is no discrimination on the basis of race, religion, caste and sex.

xix) Non discrimination in respect of access to public places:

Every citizen irrespective of his race, religion, caste, sex, place of birth has right to access to all
places of public entertainment or resort. However special provisions could be made for women
and children.

xx) Non discrimination in service:

If a citizen is otherwise qualified for appointment in the service of Pakistan, he cannot be

refused appointment merely on the ground of his race, religion, caste, sex, residence, or place
of birth. This right is, however, subjected to regional quotes for some time.

xxi) Preservation of language, script and culture:

This article guarantee that if any section of citizens has any other distinct language of its own,
it shall have the right to preserve and promote it.

6.Suspension of fundamental rights during the emergency:

During an emergency the president can be an order suspend the enforcement of some of the
fundamental rights guaranteed to the citizen under the constitution.

7.Remedies for the enforcement of fundamental rights:

The Constitution remedy has been provided for the enforcement of fundamental rights. These
rights are enforceable by the high court and Supreme Court of Pakistan. Under article 199 of the
constitution, the high court or the Supreme Court can be moved by any person to enforce them
even against the state.

8.Difference between fundamental rights and ordinary rights:

i) As to a source: Fundamental rights are available under the constitution. Ordinary rights are
granted by the ordinary law.

ii) As to scope: Scope of fundamental rights is wider. Ordinary rights have less scope.

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 iii) As to enforceability: Fundamental rights are enforceable even against the government.
Ordinary or rights are not enforceable against the govt.

9.Conclusion:

To conclude we can say that fundamental rights are part and parcel of the constitutional law.
There can be no democratic constitution without it. In the constitution of 1973 fundamental
rights have been given. The fundamental rights safeguard the liberty and rights of the people.
The fundamental rights cannot be suspended without applying constitutional methods.

PRINCIPLE OF POLICIES

1.Introduction:

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The principles of policies imply the future line of action of the country. The principles of policy
themselves are not rules of law. It is usual in the constitution to instrument set out the aims and
objective of the state.

Relevant Provision:

Article 31 to 41 of the constitution of Pakistan.

2.What is principles of policy:

According to Dr. K.C Where the principles of policy are the manifesto of national objectives and
they cannot be challenged in any court of law.

3.Importance of principles of policy:

The principles of policy have great importance because it provides guidance to coming
generation.

4.Nature:

The principles of policies are always flexible and they are not of permanent nature.

5.Basis of principles of policies

The principles of policy ore based partly on Islamic principles and partly on western philosophy.

6.Principles of policies in the constitution of 1973:

Following are the principles of policies in the constitution of 1973.

i) Islamic way of life:

State shall take steps to enable the Muslims of Pakistan to adopt Islamic way of life
individually and collectively.

ii) Promotion of local Government institutions:

State shall encourage and promote the local government organization and institution and shall
give representation to peasants, workers and woman.

iii) Participation of woman in national affairs:

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State shall take steps to ensure full participation of women in national life. Women will be
encouraged to take part in all the fields of life.

iv) Protection of family ETC.

State shall protect the family system in the country.

v) Parochial and other similar prejudices to be discouraged:

Statue shall discourage parochial, racial, tribal, sectarian and pre-judices among the citizen.

vi) Protection of minorities:

Right of minorities shall be protected by the state.

vii) Promotion of social justice and eradication of social evils:

(a) Promotion of Backward Areas:

State shall promote with special cure the educational and economic interests of backward
classes and areas.

(b) Free Education:

State shall remove illiteracy and provide free and compulsory education within the minimum
possible period.

(c) Professional Education:

State shall make technical and professional education generally available and higher
education generally accessible to all.

(d) Speedy Justice:

State shall ensure inexpensive and expeditious justice.

(e) Better conditions of work;

State shall make provisions for securing just and human conditions of work, ensuring that
children and women are not employed in vocations unsuited to their age or sex, and for
maternity benefits for women in employment.

(f) Participation of people in National Activities:

State shall enable the people through education, training, agricultural and industrial
development, to participate fully in all forms of national activities, including employment.

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 (g) End of social evils:

State shall prevent prostitution, gambling and taking of injurious drugs, printing, publication,
circulation and display of obscene literature and advertisements.

(h) Prevention of Alcoholic Liquor:

State shall prevent the consumption of Alcoholic Liquor otherwise than for medical and in
the case of Muslims, religious purpose.

(i) Decentralization of Government Administration:

State shall decentralize the government administration to meet convenience and requirements
of public.

viii) Promotion of social and economic well being of the people:

State shall secure the well being of the people, by raising their standard of living, by preventing
the concentration of wealth and means of production and distribution in the hands of few, and
by ensuring equitable adjustment of rights between employers and employees, and landlords
and tenants.

State shall also provide the following.

(a) Facilities for work:

State shall provide for all citizens, within the available resources, facilities for work with
reasonable rest and leisure.

(b) Social Insurance:

State shall provide for all persons, employed in the service, compulsory social insurance.

(c) Basic necessities of Life:

State shall provide basic necessities of life, such as food, clothing, housing education, and
medical relief for all the citizens.

(d) Reduce disparity in the income:

State shall reduce disparity in the income and earning of individuals.

(e) End of usury:

State shall discourage usury system in the country and eliminate it as early as possible.

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 ix) Participation of people in armed forces:

State shall enable people from all the parts of Pakistan to participate in armed forces of
Pakistan.

x) Foreign relation:

State shall make strong relations with other countries of the world.

xi) International peace:

State shall play its role in keeping international peace.

xii) Strengthening bonds with Muslim world:

State shall strengthen bonds with Muslim world and develop friendly relations.

7.Conclusion:

To conclude, I can say that the principles of policies provide guidance to the state. The principles
policy included Islamic way of life, promotion of local government, full participation of women
in national life, protection of minorities, promotion of social and economic well being of the
people and strengthening the bonds with the Muslims world.

DIFFERENCE BETWEEN FUNDAMENTAL RIGHTS AND PRINCIPLES OF POLICY

1.Introduction
In the constitution, ‘Rights’ has a great role to play in the sustenance of the democracy. It allows
the citizens to express their views, form political parties and participate in the political activities.
It also safeguards the interest of minority people. Rights are nothing but the reasonable claims

20
which are accepted by society and approved by the law. Fundamental rights are important for
the very existence and development of the citizens.
2. Definition of Fundamental Rights
Fundamental Rights are described as the basic rights guaranteed to every citizen of the country
under the constitution, that helps in the proper and balanced development of personality. These
are written in Part III of the Constitution which ensures civil liberty to all the citizens so that they
can lead their lives peacefully. Moreover, they also prevent the State from intruding their
freedom.
Fundamental Rights apply to all the citizens of the country equally, regardless of their race,
caste, creed, sex, place of birth, religion, etc. Violation of the fundamental rights may lead to
punishment under the Pakistan Penal Code (PPC), based on the discretion of the judiciary. At
present, the Indian Constitution recognizes seven fundamental rights, they are:
• Right to Equality
• Right to freedom
• Right to freedom of religion
• Right against exploitation
• Cultural and Educational Rights
• Right to constitutional remedies
• Right to privacy
3. Definition of Principles of State Policy
As it is evident from the name, Directive Principles of State Policy are the instructions given to
the central and state government of the country, so as to refer them while formulating the laws
and policies, and to ensure a just society.
Directive Principles are non-justiciable, in the sense that they cannot be enforced in the court of
law. However, these are recognized as important in the governance of the State. These principles
aim at creating such a socio-economic environment, which can help the citizens to live a good
life. Further, the directive principles also gauge the performance of government, concerning the
objectives achieved by it.
4. Differences Between Fundamental Rights and Principles of Policy
BASIS FOR FUNDAMENTAL DIRECTIVE PRINCIPLES
COMPARISON RIGHTS

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 Meaning Fundamental Rights are the Directive Principles are the
essential rights of all the guidelines which are referred
citizens of the country. while formulating policies and
laws of the country.
Nature Negative Positive
Enforceability They are legally enforceable They are not legally enforceable
Democracy It establishes political It establishes social and
democracy. economic democracy.
Legislation Not required for its Required for its
implementation. implementation.
Promotes Individual welfare Social welfare

The difference between fundamental rights and directive principles are discussed in the points
given below:
i. Fundamental Rights can be understood as the basic freedoms enjoyed by every citizen of
the country, which is recognized by society and sanctioned by the State. Conversely,
When laws and policies are framed by the central or state government, certain principles
are considered, called as directive principles of state policy.
ii. Fundamental rights are negative in nature, in the sense that it prevents the government
from doing certain things. In contrast, Directive Principles are positive, as it requires the
government to do certain things.
iii. Fundamental Rights are justiciable, as they can be enforced, whereas the directive
principles are non-justiciable, in that, they are not enforceable in the court of law.
iv. While fundamental rights establish political democracy, directive principles set social and
economic democracy.
v. Fundamental Rights are legal sanctions, but directive principles are moral and political
sanctions.
vi. Fundamental Rights follows an individualistic approach, and so it promotes individual
welfare. On the contrary, Directive Principles promotes the welfare of the community as
a whole.
5. Conclusion

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In short, fundamental rights are essential rights awarded to the citizens by the government, to
live life with equality, liberty and justice. Conversely, Directive Principles are nothing but the
directions which are kept in mind by the government agencies while framing laws; even the
judiciary has to consider them at the time of giving their verdict on the cases.

NATIONAL ASSEMBLY, ITS COMPOSITION AND FUNCTIONS

1.Introduction

According to section 50 of the constitution, there shall be a Parliament of Pakistan consisting of

the President and two Houses to be known respectively as the National Assembly and the senate.
The constitution of 1973 by providing bi-cameral legislature has met a long standing demand of
the people of the small Provinces. The national legislature of Pakistan consists of the National
Assembly, the senate and the President. In the matter of enactment of law all of them are to act
together, each bring complimentary to the other.

2.Components of Pakistan Parliament

Pakistan Parliament is composed of two houses, and a president

i) National Assembly (Upper House)

ii) Senate (Lower House)

iii) President

3.Pakistan National Assembly

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The Constitution of Pakistan, adopted unanimously by the National Assembly (NA) in April
1973, provides for a parliamentary system of government, with the President as the Head of
State and the Prime Minister as the Head of Government. The Majlis-e-Shura (the Parliament) of
Pakistan is the country’s bicameral legislature consisting of the Senate and the NA. The NA is
the Lower House of Parliament.

4.Brief History

From 1947 to 1973, the country had a unicameral legislature. The first Constituent Assembly of
Pakistan was held in 1947 in the Sindh Assembly Building in Karachi. On 11 August 1947
Quaid-e-Azam Muhammad Ali Jinnah, the founder and the first Governor-general of Pakistan,
was elected unanimously as the President of the Constituent Assembly. With the 1973
Constitution, Pakistan adopted a bicameral legislature, called “Majlis-e-Shura, the Parliament.”
Originally, the NA was made up of 200 general seats and 10 additional seats reserved for
women. In 1985 a Presidential Order raised the total number of seats to 237, adding several
general seats and reserved seats for women, as well as creating 10 reserved seats for non-
Muslims to be filled through a separate electoral system.

5.Structure of the National Assembly

The number of seats increased in 2002, bringing the level of representation to 342 members,
including 60 seats reserved for women and 10 for non-Muslims. The general and reserved
women seats in the NA are allocated to each Province, the Federally Administered Tribal Areas
(FATA) and the Islamabad Capital Territory (ICT) based on population. The 10 seats for non-
Muslims are not assigned to Provinces.

Through 25th amendment in the Constitution Federally Administrated Tribal Areas was merged
in KPK province. An amendment in Article 51 of the Constitution was also made and total
number of seats of national assembly was decreased from 342 to 336.
6. Seat Allocation after 25th Amendment Act 2018.
Seat Allocation by Province and Seat Type

Punjab Sindh KPK Blochistan ICT Total

General 141 61 45 16 3 266

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 Women 32 14 10 4 0 60

Non-
-- -- -- -- -- 10
Muslims

Total 173 75 55 20 3 336

7.Electoral System

The electoral system for NA general seats is based on single-member geographic constituencies
in which members are elected by direct vote through a first-past-the-post or simple majority
system (unlike the Senate where members are elected indirectly by the members of the
Provincial Assemblies and the National Assembly members representing FATA and ICT.).
Reserved seats for women and non-Muslims are filled through a separate electoral system.
Members in these seats are elected through an indirect proportional representation list system.
The political parties file their lists of candidates for reserved seats with the Election Commission
of Pakistan prior to the election. After the results for the general seats are finalized, reserved
women’s seats are distributed to parties in proportion to the number of general seats secured in
each of the provinces. Non-Muslim seats are allocated to political parties in proportion to the
overall number of general seats secured.

8.Qualification of voter

A person is entitled to vote if

i) He is a citizen of Pakistan,

ii) He is not less than 18 years of age,

iii) His name appears on the electoral roll and,

iv) He is not declared by a competent court to be unsound mind.

9.National Assembly Leadership

During the first meeting of the NA following a General Election, members elect a Speaker and
Deputy Speaker. The Speaker, and in his/her absence the Deputy Speaker, presides over the
sessions of the Assembly. Both the Government and the Opposition also have leaders in the NA.
The Leader of the Opposition is elected by the opposition parties and the Leader of the House is
the Prime Minister.

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10.Functions of the Assembly

The National Assembly is competent to pass laws on the matters relating to the federal
legislative list. Besides the National Assembly has the power of controlling the finances of the
federation. The budget and all proposals for expenditure or taxation are to be submitted to the
National Assembly. But certain items of expenditure such as the salaries ad allowance of the
President, Judges of the Supreme Court, the Chief election Commissioner and the attorney
general are not to be submitted for vote in the National Assembly.

i) Power to control executive

The National Assembly has also the power to control the Executive. The Ministers are usually
to be chosen from the members of the National Assembly and are the Government of the
country.

ii) Money bill

A money bill can only originate in the National Assembly and after it has been passed by it, it
is not required to be transmitted to the senate, but is to be presented to the President for his
assent

iii) Legislation

The Assembly is empowered to make laws such as criminal, criminal procedure, evidence and
any matter. It cannot, however, make any law which is

• Repugnant to the injunctions of Islam as laid down in the Holy Quran and the Sunnah

• Repugnant to any provision of the Constitution

• Violation or contravening to any fundamental rights

• Not in consonance with the Principles of Policy

iv) Oversight of the Government

Various parliamentary tools provided in the Rules of Procedure and the Conduct of the
Business provide for obtaining necessary information about the working of the Government
departments, overseeing the government and making recommendations on matters of public
importance. These tools include questions, call attention notices (CANs), adjournment
motions, resolutions and general discussion.

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 v) Financial Accountability

The Assembly exercises its control over the financial affairs of the government in two ways i.e.
consideration as well as approval of the budget and consideration of the reports of the Auditor
General of Pakistan by Public Accounts Committees.

vi) Passing of Budget

The government is required to lay a statement of the estimated receipts and expenditure of the
government known as the Annual Budget Statement for the next financial year before the
House. The Finance Minister, or a Minister acting on his behalf, presents the budget.

vii) Election of Prime Minister

To elect the Prime Minister and take part in the indirect election of the President of Pakistan.
The Prime Minister is her/himself a Member of the NA and is elected to the post by the
Members of the NA. The President is indirectly elected by an electoral college made up of
representatives from the NA, Senate and Provincial Assemblies.

11.Dissolution of the Assembly

The National assembly is dissolved at the expiration of its five-year term, but its mandate can be
terminated earlier by the President upon the advice of the Prime Minister of Pakistan under
article 58. The President may also dissolve the National assembly under article 58(2) if a motion
of no-confidence is passed against the incumbent Prime Minister and no other member of the
Assembly commands the confidence of a majority of members. Article 58(2)(b) was also
inserted through 8th and 17th amendments in the constitution of Pakistan to empower president to
dissolve the national assembly at his own will but this was removed through 8th and 18th
amendment respectively.

12.By-Elections

When a seat in the NA becomes vacant due to death, resignation or disqualification of a member,
a by-election is held in the respective constituency within 60 days. However, if a seat becomes
vacant within 120 days of the expiration of the term no by-election will be held. When a seat
reserved for women or non-Muslims in the NA or a Provincial Assemblies falls vacant it is filled
by the next person in order of preference from the list of the candidates submitted to the Election
Commission of Pakistan for the most recent General Election by the party whose member

27
vacated the seat. Candidates are allowed to run in multiple constituencies simultaneously,
leading to a situation in which some candidates win seats in more than one constituency. When
this happens, the candidate must resign from all but one constituency and by-elections will be
held for the now vacant seats. As a result, there several by-elections immediately following
General Elections.

13. Conclusion

The national assembly of Pakistan is the lower house of parliament of Pakistan and it consists of
336 members. These seats are divided in the provinces as per their population. It is more
powerful than senate of Pakistan. Money bill is the exclusive function of National assembly. The
members of national assembly are elected for period of 5 years if they fulfill the criteria
mentioned in article 62 of the constitution of Pakistan.

SENATE OF PAKISTAN, ITS COMPOSITION AND FUNCTIONS

1. Introduction

The Senate of Pakistan is the upper house of the bicameral legislature of Pakistan, and together
with the National Assembly makes up the Parliament of Pakistan. It was introduced in 1973
constitution for the first time in constitutional history of Pakistan. The Senate's composition and
powers are established by the Article 59 of the Constitution of Pakistan Each four provinces are
represented by twenty three senators regardless of population, who serve for six-year terms. The
Senate secretariat is located in the east wing of the Parliament Building.

2.History of Bicameralism in Pakistan

The 1st Constitution of Pakistan was promulgated on 23 March 1956, which provided for a
parliamentary form of Government with a unicameral legislature. On October 7, 1958, Martial
Law was promulgated and the Constitution abrogated. The Military Government appointed a
Constitution Commission in February, 1960 which framed the 1962 Constitution. That
Constitution provided for a Presidential form of Government with a unicameral legislature. The
1962 Constitution was abrogated on 25 March 1969. The Civil Government, which came to
power in December 1971 pursuant to 1970 elections, gave the nation an interim Constitution in
the year 1972.

The 1970 Assembly framed the 1973 Constitution which was unanimously passed on 12 April

28
and promulgated on 14 August 1973. The 1973 Constitution provides for a parliamentary form
of Government with a bicameral legislature, comprising the National Assembly and the Senate.

3. Seats Allocation in Senate

The membership of the Senate, which was originally 45, was raised to 63 in 1977 and to 87 in
1985. The government of Gen. Pervez Musharraf raised the membership of the Senate from 87 to
100 through the Legal Framework Order (LFO), 2002, enforced on 21 August 2002 and the
government of Asif Ali Zardari raised the membership of the Senate from 100 to 104 through the
19th amendment in 2011 (four minority members from four provinces). This number was
reduced to 96 through 25th amendment in the Constitution of Pakistan through which the FATA
was merged in KPK province and it’s 8 seats was removed from senate.

Province/ General Technocrat Non-

Women Total
Territory seats s/Ulema Muslim
Balochistan 14 4 4 1 23
KPK 14 4 4 1 23
Sindh 14 4 4 1 23
Punjab 14 4 4 1 23
Islamabad 2 1 1 4
Total 66 17 17 4 96

4.Purpose and role

The main purpose for the creation of the Senate of Pakistan was to give equal representation to
all the federating units since the membership of the National Assembly was based on the
population of each province. Equal provincial membership in the Senate, thus, balances the
provincial inequality in the National Assembly.

5.Relations between the Houses

Unless both the Houses pass a Bill and it receives President's assent it cannot become a law
except in the case of a money bill which is the sole prerogative of the National Assembly.
Through an amendment, the role of a Mediation Committee, composed of eight members of each

29
House, has been introduced to evolve consensus on Bills, in case there is a disagreement between
the two houses.

6. Representation of Senate in Cabinet

The Constitution provides that there shall be a Cabinet headed by the Prime Minister which is
collectively responsible to the National Assembly. The Federal Ministers and Ministers of State
are appointed from amongst the members of Parliament ( National Assembly and Senate).
However, the number of Federal Ministers and Ministers of State who are members of Senate,
shall not at any time, exceed one fourth of the numbers of Federal Ministers.

7. Election of Senate

In the senate, the elections are held every three years for one half of the Senate and each Senator
has a term of six years. The Constitution forbids any actions against dissolving the senate instead
sets the serving terms of its senators. A person seeking election to the Senate should not be less
than thirty years of age and should be registered as a voter in an area or province from where he
seeks election and should meet other qualifications prescribed under Article 62 of the
Constitution.

(i) The Senate shall consist of 96 members, of whom:

a) 14 shall be elected by the members of each Provincial Assembly;

b) 2 on general seats, and 1 woman and 1 technocrat including aalim shall be elected from
the Federal Capital in such manner as the President may, by Order, prescribe;

c) 4 women shall be elected by the members of each Provincial Assembly;

d) 4 technocrats including ulema shall be elected by the members of each Provincial

Assembly.

e) One seat in the senate is reserved for minorities in each province."

ii) Election to fill seats in the Senate allocated to each Province shall be held in accordance
with the system of proportional representation by means of the single transferable vote.

iii) The Senate shall not be subject to dissolution but the term of its members, who shall retire
as follows, shall be 6 years:-

a) Of the members referred to in paragraph (a) of clause (1), 7 shall retire after the expiration

30
 of the first three years and 7 shall retire after the expiration of the next three years.

b) Of the members referred to in paragraph (a) of the aforesaid clause, 4 shall retire after the
expiration of the first three years and 4 shall retire after the expiration of the next three years

c) Of the members referred to in paragraph (b) of the aforesaid clause,-

(i) One elected on general seat shall retire after the expiration of the first three years and
the other one shall retire after the expiration of the next three years, and

(ii) One elected on the seat reserved for technocrat shall retire after first three years and
the one elected on the seat reserved for woman shall retire after the expiration of the next
three years;

(iii) Of the members referred to in paragraph (d) of the aforesaid clause, 2 shall retire
after the expiration of the three years and 2 shall retire after the expiration of the next
three years; and

(iv) of the members referred to in paragraph (e) of the aforesaid clause, 2 shall retire after
the expiration of the first three years and 2 shall retire after the expiration of the next
three years: Provided that the term of office of a person elected to fill a casual vacancy
shall be the unexpired term of the member whose vacancy he has filled.

8.Chairman and Deputy Chairman:

i) After the Senate has been duly constituted, it shall, at its first meeting and to the exclusion of
any other business, elect from amongst its members a Chairman and a Deputy Chairman and,
so often as the office of Chairman or Deputy Chairman becomes vacant, the Senate shall elect
another member as Chairman or, as the case may be, Deputy Chairman.

ii) The term of office of the Chairman or Deputy Chairman shall be [three] years from the day
on which he enters upon his office.

9. Conclusion

Senate of Pakistan gives equal representation to all federating units which is in line with the
constitutional role attributed to the Upper House i.e. promotion of national cohesion and
harmony. Each of the four provincial assemblies elect twenty three members from their
respective provinces whereas four members are elected by the National Assembly from the
Federal Capital and eight Members. Senate is a permanent House which symbolizes a process of

31
continuity in the national affairs. The term of its member is six years, however, one half of its
members retire after every three years.

PRESIDENT OF PAKISTAN, ITS ELECTION, POWERS AND REMOVAL

1.Introduction

Governor-General of Pakistan has been the representative of British Monarch in Pakistan since
independence in 1947. However, office of Governor General was abolished and office of
President was created when Pakistan was proclaimed a republic through Constitution of Pakistan
1956. After this, Pakistan becomes a Presidential republic through Constitution of Pakistan 1962.
It was finally through Constitution of Pakistan 1973 that a parliamentary system of government
was introduced in Pakistan. This parliamentary system of government has been modified several
times since its inception. In the existing parliamentary system of government, President of
Pakistan is considered ceremonial head of the state.

2.Office of President; Article 41(1)

According to the 1973 constitution of Pakistan President is the constitutional Head of the state
and represent the unity of the Republic. He is merely constitutional head because responsibility
for administration rests with the Prime Minister.

3.Qualification for the election as President

According to the article 41(2) following are the qualifications of the president of Pakistan.

i) He must be a citizen of Pakistan

ii) The candidate for presidency must be a Muslim by faith.

iii) He must not be less than 45 years of age.

iv) He should not hold any office of profit in service of Pakistan.

v) He must be a person who is a qualified to be elected as a member of National Assembly.

vi) He should be fit mentally and physically.

4.Mode of Election of President of Pakistan

Under article 41(3) the election of the president of Pakistan is carried by Electoral College

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5.Composition of Electoral College

The members of the Electoral College are following

i) Members of both houses of Parliament

ii) Members of all the provincial assembly.

6.Procedure for the election of President of Pakistan

Under article 41(3) 2nd Schedule the present of Pakistan is elected in joint session of parliament.
He is elected indirectly now the provincial assemblies have also included in the election process
of the President. Following procedure is followed for the election of president in Pakistan:

i) Chief Election Commissioner

The Chief Election Commissioner shall hold and conduct election to the office of President and
shall be the returning officer for such election.

ii) Appointment of presiding officers

The Chief Election commissioner shall appoint presiding officers to preside at the meeting of
the members of Majlis-e-Shoora (Parliament) and at the meetings of the members of the
Provincial Assemblies.

iii) Fix time and place for depositing nomination papers

The Chief Election Commissioner shall by public notification fix the time and place for
depositing nomination papers, holding a scrutiny, making withdrawals, if any and holding the
poll, if necessary.

iv) Nominations of Candidate

On the fixed day any member of any house shall nominate a candidate and will inform the
nomination. The nominations papers will be signed by proposer and seconder. The candidate’s
willingness certificate will also be filed. After examination of the nomination papers Chief
Election Commissioner will announce the name of candidate.

v) Voting in Parliament

The Speaker will summons the joint sitting of Parliament’s two houses on the requisition of
election commissioner. The election will be held under secret ballot. All members will be
given ballot papers and their names will be entered into counter foils of the ballot book. The

33
 members will cast their votes by putting mark on the ballet papers.

vi) Counting of Votes

After the polls the votes in favor of different candidates by the parliament will be counted and
the votes polled in provincial assemblies in favor of each candidate shall also, be added to them
The votes in Provincial Assembly shall be multiplied separately by the number of seat of
smallest assembly and then divided by the number of seats concerned assembly. The result of
each candidate is announced assembly. The result of each candidate is announced on the basis
of simple majority by adding the votes in senate and provincial assemblies. The candidate who
secured the majority is declared successful.

7. Oath for the office of President

Under article 42, before entering into the office the successful candidate shall take oath for the
office of president before Chief Justice of Pakistan for five years.

8.Powers of President of Pakistan

Following are the Powers of the Pakistan

i) Powers regarding Military

Following are the powers of President related Military

(a) Appointment

On the advice of Prime Minister, President appoints Chairman Joint Chiefs of Staff
committee, Chief of Army Staff, Chief of Naval Staff and Chief of Air Staff. Even President
of Pakistan determines their allowances and salaries.

(b) War and Peace settlement

President possesses power to declare war and make peace settlement. However, such power
can only be used after making consultation with Prime Minister.

(c) sending of Pakistan Army to other states and united nations organization

President has power to send Pakistan army for help to other states and United Nations
organization.

ii) Judicial Power

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 President of Pakistan possesses following judicial powers

(a) appointment of Chief Justice of Pakistan

(b) Appointment of Chief Justices of High Courts and Judges of Supreme Court and High
Court

(c)Appointment of acting Chief Justice of Pakistan and chief Justice of High Courts

(d) Appointment of acting and ad hoc judges of Supreme Court

(e) Appointment of additional judges of High Courts

(f) Power to grant pardon, etc

iii) Legislative Powers

President of Pakistan possesses following legislative powers.

(a) Right to speak

(b) Right of address

(c) Summoning of Parliament

(d) President’s assent for legislation

(e) Ordinance

iv) Executive Powers

Following executive powers are vested in the president of Pakistan

(a) Appointment of Auditor General

(b) Appointment of Attorney General

(c) Appointment of Governors

(d) Appointment of members of National Finance Commission

(e) Appointment of members and chairman of Council of Islamic Ideology

(f) Appointment of Council of Common Interest

(g) Constitution of National Economic Council

9.Ground/Conditions for Removal President of Pakistan

Under the following ground or conditions the president may be removed from his office.

35
 i) physical incapacity

ii) Mental incapacity

iii) Guilty of violation of the constitution

iv) On account of gross misconduct

10.Conclusion

To conclude, it can be stated that there emerged an apprehension of political conflict between
British Parliament and British king/queen after constitutional development especially with
Glorious Revolution. However, such apprehension vanished with the passage of time due to
effective conventions and influential acts of parliament. Similarly, Pakistan has experienced a
kind of political conflict between its President and Prime Minister. However, some of recent
constitution amendments have made Prime Minister more powerful than President. These
amendments have aimed to finish political conflict between these two constitutional heads.

PROCEDURE OF LEGISLATION IN PARLIAMENT

1.Introduction:

36
The process of legislation starts from presenting a bill in any house of the parliament. A bill is
proposed law under the consideration of legislature. A bill does not become law until it is passed
by the both houses of legislature and, in most cases, approved by the president. Once a bill has
been enacted into law, it is called an Act or Statute. Bills can be presented by the Member of
Parliament in both the lower house (National assembly) and the upper house (Senate). Bills need
majority of the parliament to be approved. When National assembly passes some bill it is then
sent to Senate by the speaker of the national assembly and after the approval of the Senate, these
bills are sent for the approval of the president. When the president signs these bills, they become
act or law or statute. However it is to be kept in mind that if president reject some bills they
come back to the parliament and then need 2/3 majority to be passed again. If the bill gets 2/3
majority then the president is bound to sign that bill and if the bill fails to get 2/3 majority, the
life of that bill gets over. Bills can be produced both in upper and lower chambers of the
parliament but the senate cannot produce and pass the money bills. The higher judiciary also
reserves the rights of explanation and looking of the bills that whether they are according or in
conflict to the constitution.

2.Types of Bill

Bills are of two types.

i) Simple Bills or Institutional Bills.

ii) Constitutional amendment Bills

i) Simple or Institutional Bills:

These types of Bills are usually presented to make some laws under the provisions of the
constitution. These bills are produced according to Constitution and no article or even a single
word of the constitution is violated or proposed to be amended in these kinds of bills. These
bills need a simple majority in the parliament to be passed and made laws.

ii) Constitutional amendment bills:

These bills are produced in the parliament in order to change or amend some part or some
articles of the constitution. These bills need a minimum of 2/3 majority of the Parliament to be
approved. And after the approval from both the chambers of the parliament by 2/3 majority, the
bill is sent for the approval of the president and after his approval, the constitution is

37
 considered to be amended according to the bill.

3.Parliamentary procedures:

In parliament the bill passes from different stages before becoming a law. Maxim bills die before
becoming a law. Following stags show complete procedure of legislation in Pakistan:

i) Preparation and initiation of the bills:

Most legislation is initiated by the cabinet in the form of public bills. Individual members of
the parliament may introduce private member bills to address specific or local concerns, such
as the railways or local authorities. Bills regarding to some specific department are mostly
initiated by the respective ministers. And they are then called government bills. A public or
government bill is prepared by the ministers in the collaboration with his departmental experts.
While preparing a bill, directions of the Prime minister and charter of the ruling party is
considered. A bill prepared, is considered in the cabinet meeting supported by the whole
cabinet. It is presented in legislature and when bill is passed into law, it proceeds to the
president for approval. And after the presidential approval it becomes law:

ii) First two readings:

Each bill is given three separate readings in each chamber of the parliament. In the first
reading, the bill is presented without debate. After the bill is read the second time, the house
debates the bill’s general principles.

iii) Committee stage

After first two readings the bill goes to a committee for thorough study, discussion and
amendment. A standing committee is comprised of the members of that house. A committee is
to analyze the bill from all aspects.

iv) Third reading

At the third reading the bill is presented to the house in its final form and vote is taken. For
simple bill simple majority of the house is required, whereas the constitutional amendment bill
requires two third majority of the house. So there are two readings, committee stage and a third
reading in each house.

4.Role of other house (In Pakistan Senate):

38
If bill is passed on the third reading, it is sent to the other house, where it goes through the same
procedures of the readings and committee stage. If passed by the senate, the bill is sent to the
president for approval, before becoming a law. If senate amends some of its parts then it must be
passed from the National assembly again before sending it to the president. The senate can delay
the bills for a period of 1 year but it cannot delay the money or financial bills for more than 30
days. One thing is important to be remembered that if the senate dismisses some bill passed by
the National assembly, the bill can be passed again by the National assembly in the ongoing
session and then it cannot be challenged in the senate but the bills that originates in the senate,
seeks the approval of the national assembly and if National assembly rejects the bill then it
cannot be passed again by the senate.

5.Presidential Assent:

According to the constitution of Pakistan, Bills only become law when signed by the president
and the president is bound to approve the bills to become laws. But if the president thinks that
some more matters should be addressed or some part of it should be amended, he rejects the bill
and sends it back to the parliament along with his observational notes. Then if the parliament
considers the suggestions of the president and passes the bill according to the suggestions of the
president the matter is resolved but if the parliament stand still on its decision then the parliament
has to pass the bill by 2/3 majority and then the president is bound to sign that bill in order to
make it a law. But the president cannot reject the constitutional amendment bills, because they
are already passed by 2/3 majority in each of the houses.

6. Power of President to promulgate Ordinances under Article 89

The President may, except when the Senate or National Assembly is in session, if satisfied
that circumstances exist which render it necessary to take immediate action, make and
promulgate an Ordinance as the circumstances may require. An Ordinance promulgated under
this Article shall have the same force and effect as an Act of Majlis-e-Shoora (Parliament) and
shall be subject to like restrictions as the power of Majlis-e-Shoora (Parliament)] to make law,
but every such Ordinance shall be laid –

(i) Before the National Assembly if it contains provisions dealing with all or any of the
matters specified in clause (2) of Article 73, and shall stand repealed at the expiration of one
hundred and twenty days from its promulgation or, if before the expiration of that period a

39
 resolution disapproving it is passed by the Assembly, upon the passing of that resolution.

Provided that the National Assembly may by a resolution extend the Ordinance for a further
period of one hundred and twenty days and it shall stand repealed at the expiration of the
extended period, or if before the expiration of that period a resolution disapproving it is
passed by the Assembly, upon the passing of that resolution. Provided further that extension
for further period may be made only once.

7. Conclusion

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
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.

PROCEDURE OF AMENDING THE CONSTITUTION OF PAKISTAN

1. Introduction

40
A constitution Amendment is a formal change to a written constitution. Sometimes, text of a
constitution is altered through amendment. And sometimes, only a provision of constitution is
altered through amendment. In different states, different procedures are adopted to amend
constitution or any provision of constitution. Among these procedures the most common are
legislative procedure of parliament.

2. Amendment of constitution

The constitution of 1973 is quite rigid one because it cannot be easily Amended. Article 238
confers power on parliament to amend the constitution and article 239 provides a detailed
procedure for the amendment of the constitution, the parliament thus is vested with the power to
make amendment in the constitution and there is no provision in the constitution, which puts
restraint on its power in this behalf. Parliament has not unlimited powers to make amendments
in the constitution.

Case law: Muhammad Bachal Memon v/s Government of Sindh P.L.D 1987 Kar.
296. It was held that parliament is supreme authority to make any amendment in
any part of the constitution. There is no provision in the constitution which puts
restrains on its power in this behalf.

3. Object

The object of introducing provisions for the amendment of the constitution is to bring it in line
with the changing conditions and new demands and needs of time, which could not have been
fore seen by the constitution maker at the time when constitution was promulgated.

4. Procedure of amendment in the constitutions

By 1985 amendment, the procedure of making Amendment in the 1973 constitution has been
made more difficult as prior to this amendment this was comparatively flexible. Following points
are important as far as procedure to amend any provision of constitution of Pakistan is
concerned.

i) A bill to amend any provision of constitution of Pakistan can be originated in either of

houses of parliament.

ii) If the bill has been passed by two third majority of the house, it shall be transmitted to the
other house.

41
 iii) If the bill has been passed with the two third majority of the house without amendment by
which it is transmitted it shall be transmitted to all the provincial assembly.

iv) If the bill is passed with amendment by two third majority of total membership of the house
so which it is transmitted, it shall be reconsidered by a house in which it had originated.

v) If the bill as amended by former house is passed by the later by two third of its total
membership, it shall be transmitted to all the provincial assemblies.

vi) A bill transmitted to the provincial assemblies is passed by each such assembly by a
majority of the total number of its members present and voting.

vii) When a bill passes all stages of approval of provincial assemblies then it is presented to the
president for assent.

viii) After approval by president the bill has become act of parliament and the constitution
stand amended in accordance with the term thereof.

5.Bill having the effect of altering the limits of a province procedure

A bill to amend the constitution, which would have the effect of altering the limits of a province,
shall not be presented to the president for assent unless the provincial assembly of that province
has passed it by two thirds of its total membership.

6.Limitation

The power of parliament to amend the constitution does not extend to alter repeal or replace the
constitution. Any amendment to change the basic structure, framework and essential features is
not permissible under the constitution.

Case Law

P.L.D 1998 SC 1263, It was held that the powers bestowed upon the parliament
by the constitution does not include the power to destroy or abrogate the
constitution been referred to as its basic structure or essential features

7.Duties of the court in regard amendments

The court cannot declare any provision of the constitution to be invalid or repugnant on the
grounds that it goes beyond the mandate given to the assembly or it does not fulfill the
aspirations of the people. The courts are duty bounds to enforce and interept the law in

42
accordance with the amendment.

8. Safe guard to the amendments of the constitution

No amendment of the constitution shall be called in question in any court on any ground what so
ever.

9.Conclusion

To conclude it can be said that the present constitution is rigid but flexibility is latent in it. The
present constitution can be changed according to the changing circumstances. It is flexible in this
sense and resembles to the British constitution. It has been decided in constitution of Pakistan
that constitution of Pakistan can be amended by act of parliament and there is no limitation on
the power of parliament to amend any of the provisions of the constitution.

PRIME MINISTER, ITS ELECTION, REMOVAL

1.Introduction

The present constitution of Pakistan 1973 has restored the parliamentary form of Government, in
which the Prime Minster is chief executive and head of Government. Under Article 46 the Prime
Minister is constitutionally bound to keep the president informed on matters of internal and
foreign policy and on all legislative proposals, he intends to bring before the parliament.

Relevant Provisions

Article 45, 91, 95 of the constitution of Pakistan.

2.Qualification of Prime Minister

Under the Article 91 of the constitution of Pakistan

i) He should be the citizen of Pakistan.

ii) He should be the member of National Assembly.

43
 iii) He should not hold any office of profit in the service of Pakistan.

iv) He should believe on ideology of Pakistan.

v) He should be mentally and physically fit.

3.Election of Prime Minister, Article 91

Under Article 91 of the constitution of Pakistan follow is the procedure for the election of the
Prime Minster.

i) Time of Election

The national assembly shall meet on the 21st day following the general and after the election of
the speaker and Deputy Speaker. National Assembly proceeds to elect one of its Muslim
member as Prime Minister and it is done without any debate.

ii) Election through Majority vote: 91 (2)

The Prime Minister shall be elected by the votes of the majority of total membership of
National Assembly.

iii) Second Poll

If no candidate secures majority of total membership of National Assembly in the first poll,
second poll is held between those candidates, who have secured the two highest numbers of
votes in the first poll. And the candidate, who secures a majority of votes of members present
in second poll, is declared as Prime Minster.

iv) Further Poll

If two or more candidates secure equal votes in second poll, further poll is held between them
until one of them secures a majority of votes of the members present and voting.

v) Oath of the Prime Minster

After election, the Prime Minster takes the oath in the presence of the president.

vi) Vote of Confidence

After taking oath before the president, the Prime Minister shall within a period of sixty days of
oath, obtain a vote of confidence from the National Assembly.

4.Procedure for Adoption of vote of No Confidence Against Prime Minster

44
Following points are important to explain it.

i) Moving of Resolution

Not less than twenty percent of total membership of National Assembly can move a resolution
of National Assembly can move a resolution for a vote of no-confidence against Prime
Minister.

ii) Voting Upon Resolution

Such resolution should not be voted upon before expiration of three days or later than seven
days form the day on which such resolution is moved in National Assembly.

iii) When Can Resolution Not Be Moved

Such resolution should not be moved in National Assembly while National Assembly is
considering demands for those grants, which have been submitted to it in Annual Budget
Statement.

iv) Passing of Resolution

If such resolution is passed by a majority of total membership of National Assembly, Prime

Minster ceases to hold office.

5. Function of Prime Minister

The Prime Minister is the Chief Executive who heads and exercises the authority of the
Government of Pakistan. In practice, the Prime Minister nominates the members of the Cabinet
who supervise the important functions and ministries of the Government of Pakistan. In addition,
the Prime Minister communicates to the President all decisions of the Cabinet relating to the
administration of affairs of state and proposals for legislation. The Prime Minister, in
consultation with the Cabinet, schedules and attends the sessions of the Parliament and is
required to answer questions from members of parliament to the ministers.

(i) Appointment on Certain posts

The Prime Minister makes appointments on various important positions, including:

 The federal secretaries as head of cabinet-level ministries

 The chief secretaries of the provinces
 Key administrative and military personnel in the Pakistan Armed Forces

45
  The chairmen of large public sector organizations and corporations such as NHA, PIA,
PNSC etc
 The chairmen and other members of the federal commissions and public institutions
 Ambassadors and High Commissioners to other countries

(ii) Holding of specific Ministries and Offices

Some specific ministries/department are not allocated to anyone in the cabinet but the prime
minister himself. The prime minister is usually always in-charge/Chairman of:

 Planning Commission
 National Command Authority
 National Security Council
 Economic Coordination Committee
 Cabinet Committee on National Security

The Prime Minister is vested with command authority over the Pakistani nuclear arsenals and
represents the country in various delegations, high-level meetings and international organisations
that require the attendance of the highest government office and also addresses the nation on
various issues of national importance

6. Conclusion

To conclude it can be said that The Constitution of Pakistan vests the executive powers in the
Prime Minister, who is responsible for appointing the Cabinet as well as running the executive
branch, taking and authorising executive decisions, appointments and recommendations that
require executive confirmation of the Prime Minister.

SPEAKER OF NATIONAL ASSEMBLY

1.Introduction

National Assembly is lower house of bicameral Parliament of Pakistan. Speaker is the presiding
officer of the National Assembly. Speaker enjoys great respect in the house In Pakistan, speaker
is an impartial person. The Speakership of the National Assembly is a leadership position and the

46
office-holder actively works to set the majority party's legislative agenda. The Speaker usually
does not participate in debate and rarely votes.

2. Position of Speaker in Pakistan

The office has its roots in 1947 and was reestablished in 1973. The speaker presides over the
National Assembly. The Speaker is Second in the line of succession to the President of Pakistan
and occupies fourth position in the Warrant of Precedence, after the President, the Prime
Minister and the Chairman of Senate. In addition, the Speaker is the spokesman of the National
Assembly to the outside world, and is non-partisan in his approach.

3. Relevant Provisions

Article 53 constitution of Pakistan

4.Qualification & procedure of Election

He should be member of National Assembly. Procedure for Election of Speaker of National

Assembly can be explained through following points

Following points are important to explain it

i) Election in First Meeting of New National Assembly

After a general election, new National Assembly elects its Speaker at its first meeting.

ii) Exclusion of any Other Business

All its first meeting, new National Assembly elects its Speaker and does this to the exclusion of
any other business.

iii) Presiding Officer of First Meeting of New National Assembly

Speaker of former National Assembly presides over first meeting of new National Assembly
for election of Speaker of new National Assembly.

iv) Election of Speaker when Office of Speaker Become Vacant

Whenever office of Speaker of National Assembly becomes vacant, National Assembly elects
another member as Speaker.

v) Oath of Office : A- 53(2)

The Speaker shall take oath of office before National Assembly. The form of oath set out in the

47
 third schedule.

5.Term of Office

Term of office of the Speaker is usually 5 years.

6.Removal or Termination of Speaker

The Assembly shall give the notice of resolution of non-confidence seven days earlier. If the
resolution is passed by the majority of the total membership, the speaker shall cease to hold the
office and when such resolution is under process the speaker cannot preside over the house.

7.Power and Functions of Speaker of National Assembly

Following are the power and functions of speaker of National Assembly

i) Judging the Validity of Money Bill

It is the power of speaker to judge the validity of money bill. He decides whether a bill is
money bill or otherwise.

ii) Preside the Session of House

It is the most important duty of the speaker to preside over the house.

iii) Maintenance of Disciplines

Speaker has power to maintain the discipline of the house.

iv) Casting Vote

Speaker has no right to vote but when there are Duality votes he can use his vote.

v) Grant Permission of Questions

Speaker is empowered to grant permission of question to members in the house. Speaker can
approve or over-rule the adjournment motion in the house.

vi) Acting President

In absence of chairman of senate. Speaker is officiating president.

vii) Summon the Session of National Assembly

Speaker is empowered to summon the session of National Assembly on the request of one forth
of total members of the Assembly.

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6. Conclusion

To conclude it can be said that the office of Speaker of the National Assembly is created by
Article 53 of the Constitution of Pakistan. To exercise the great authority that stems from the
respect, affection and consideration which every Member of the House bestows upon the holder
of this high office, the Speaker shows complete impartiality in the discharge of his or her
functions. When the National Assembly is dissolved he continues in his office, till a new Speaker
is elected.

QUALIFICATION AND DIS-QUALIFICATION OF MNA

1.Introduction

Pakistan has a Parliamentary form of Government. National Assembly is lower house of

bicameral Parliament. Constitution of Pakistan provided some requirement for member of
National Assembly. Constitution of Pakistan requires candidate to fulfill these qualification to
become member of National Assembly.

Relevant Provision

Article 62, 63, 63A of 1973 Constitution of Pakistan deal with Qualification and Disqualification
of Member of Parliament.

2.Qualifications of the Member of Parliament; A-62

Following are the Qualification of member of Majlis-e-Shoora (Parliament)

i) Citizen of Pakistan; A-62(1)

A candidate should be citizen of Pakistan.

ii) Age; A-62(b)

The candidate should be not less than twenty five years of old.

iii) Good Character; A-62(d)

A candidate should be of good character and is not commonly known as one, who violates
Islamic Injunctions.

iv) Knowledge of Islamic Teachings; A-62(e)

49
 A candidate should have adequate knowledge of Islamic teachings, should practice those
obligatory duties, which have been prescribed by Islam, and should abstain from major sins.

v) Integrity of Country or Ideology of Pakistan; A-62(g)

A candidate should not have worked against the integrity of country or should not have
opposed ideology of Pakistan.

vi) Non-Muslims; A-62(2)

The disqualification specified in paragraphs (d) and (e) shall not apply to a non Muslim
candidate. For non-Muslim candidate, it is necessary that he/she should have good moral
reputation.

3.Dis-Qualifications of a Member of National Assembly

Following are the disqualification of member of national assembly according to constitution of

Pakistan 1973.

i) Unsound Mind; A-63(1)(a)

A person is disqualified from being elected or chosen as member of National Assembly and
from being a member of National Assembly, if he/she is declared a person of unsound mind by
a court of competent jurisdiction.

ii) Un discharged insolvent; A-63(1)(b)

A person is disqualified from being elected or chosen as member of National Assembly and
from being a member of National Assembly. If he is a un discharged insolvent.

iii) Not Citizen of Pakistan

A person disqualified when he acquires citizenship of a foreign state.

iv) Office of Profit; A-63(1)(a)

A person is disqualified from being elected or chosen as member of National Assembly and
from being a member of National Assembly, if he/she holds an office of profit in the service of
Pakistan other them an office, which is declared by law not to disqualify its holder.

v) Service of any statutory body; A-63(1)(e)

A person is disqualified from being elected or chosen as member of National Assembly and

50
 from being a member of National Assembly, if he is in the service of any statutory body or
anybody which is owned or controlled by the government.

vi) Conviction for moral offence; A-63(1)(h)

A person is disqualified from being elected or chosen as a member of National Assembly and
from being a member of National Assembly, if he has been convicted against involvement in
any offence of moral offence.

vii) Dismissal or Removal from Services; A-63(1)(i) and A-63(1)(j)

A person disqualified from being elected or chosen as member of National Assembly and from
being a member of National Assembly, if he has been dismissed or removed or compulsorily
retired from service of Pakistan or service of Federal, Provincial or Local Government.

viii) Loan

A person is disqualified from being elected or chosen as member of National Assembly, if he

has obtained loan of two million rupees or more from any bank, financial institution,
cooperative society or cooperative body in his own name or in the name of his spouse or any of
his dependents and the same remained unpaid for more than one year from the due date or the
same has been written off.

ix) Default in payment of Government dues and utility expenses

A person disqualified if he not paid government dues and utility expenses.

4. Conclusion

To conclude it can be said that that main purpose of elections of National Assembly is that duly
elected representatives of masses should be brought to this lower house of Parliament. The
Constitution of Pakistan lists a number of requirements for members of the National Assembly in
Article 62. The constitution also details a number of disqualifications in Article 63, which
include mental instability, insolvency, criminal conviction and accepting dual-citizenship or
relinquishing Pakistani nationality, among others. Furthermore, an individual is disqualified if he
or she is found to have opposed Pakistan's ideology or worked against the integrity of the
country, after its establishment in 1947.

51
 POWERS OF GOVERNOR OF A PROVINCE

1. Introduction

In Pakistan, each of provinces has a Governor and such Governor is appointed by President of
Pakistan after consultation with Prime Minister. All Provincial Governors are considered
representatives of President of Pakistan in their provinces. Every Governor is ceremonial head of
his province. Each Governor possesses those powers, which are similar to those of President of
Pakistan. However, distinction is that Governor exercises these powers only in his province.

2. Relevant Provision

Article 101 of Constitution of Pakistan

3. Position of Governor

Presently governor is the ceremonial head of state. Although, throughout the history of Pakistan,
the powers of the provincial governors were vastly increased, when the provincial assemblies
were dissolved and the administrative role came under direct control of the governors, as in the
cases of martial laws of 1958–1972 and 1977–1985, and governor rules of 1999–2002.

4. Powers of Governor of a Province

Followings are the powers of a Governor of a province

i) Summoning of meeting of Provincial Assembly

From time to time, Governor can summon Provincial Assembly to meet at that time and place,
which he thinks fit.

ii) Prorogation of meeting of provincial Assembly

From time to time, Governor can prorogue Provincial Assembly.

iii) Right to address provincial assembly

Governor has right to address provincial Assembly.

iv) Dissolution of Provincial Assembly on Advice of Chief Minister

Governor can dissolve Provincial Assembly on advise of Chief Minister.

v) Discretion for Dissolution of Provincial Assembly

52
 Governor possesses discretion to dissolve Provincial Assembly. However, condition is that
there should be approval of President of Pakistan in that situation, where no-confidence has
been passed against Chief Minister and no other member of Provincial Assembly commands
confidence of majority of members of Provincial Assembly.

vi) Governor’s assent for Legislation

When a Bill is presented to Governor for assent, Governor is needed to assent to the Bill within
ten days. However, when Bill is non-Money-Bill, Governor has power to return the Bill to
Provincial assembly with a message, which requests for reconsideration of the Bill or any of its
specified provision and for considering amendment, which is specified in the message.

vii) Promulgation of ordinance

Governor possesses power to promulgate ordinance.

viii) Emergency Powers

In emergency, governor himself exercises all powers. Even he not only has power to issue
important orders, but also has power to maintain law and order in his province.

ix) Appointment of advocate General

In addition to some other appointments, Governor appoints advocate General of Province.

x) Appointment of Provincial Ministers

Governor possesses power to appoint Provincial Ministers from members of Provincial

Assembly on advice of Chief Minister.

5.Conclusion

To conclude it can be said that the Governor is the appointed head of state of the provincial
government in Pakistan. Although the Governor is the head of the province on paper, it is largely
a ceremonial position; and the main powers lie with the Chief Minister and Chief Secretary of
the province.

SUPREME COURT OF PAKISTAN AND ITS JURISDICTIONS

1.Introduction

53
Article 175 of the constitution provides that there shall be a Supreme Court and a High Court for
each province. The functions of the Supreme Court are interpretation of the constitution and
determination of the disputes that may arise between different governments. It can declare laws
as invalid if they are against the constitution. It can be regarded as a guardian of fundamental
rights and Constitution.

Relevant Provisions

Article 176, 177, 179, 180, 181, 184, 185, 186, 188 of 1973 Constitution of Pakistan deal with
Supreme Court.

3.Establishment of Supreme Court under article 175

According to Article 175, there shall be a Supreme Court of Pakistan, High Court for each
Province and capital territory and such other Courts as may be established by law.

4.Appointment of Judges of Supreme Court

The Chief Justice of Pakistan shall be appointed by the President and each of the other judges
shall be appointed by the President after the Consultation with Chief Justice.

5.Qualification for Judges; A-177(2):

Following are the qualifications of the judge of Supreme Court:-

i) Citizen of Pakistan:-

A person shall be appointed a judge of Supreme Court if he is a citizen of Pakistan.

ii) Judge Of High Court For 5 Years:-

A parson shall be appointed a judge of Supreme Court if he has been judge of High Court for a
period of not less than 5 year

iii) Advocate of high court for fifteen years:-

A person shall be appointed a judge of Supreme Court if he has been an advocate of High
Court for a period of not less than 15 years

6.Removal of the judges of Supreme court of Pakistan

The President can remove the judges. The President, before removing a judge from his office,
shall refer the matter to the Supreme Judicial Council and shall act according to report given by

54
the Council.

The judges of Supreme Court can be removed on following grounds:

i) Gross Misconduct:-

The President can remove the judges on the charge of gross misconduct

ii) Violation Of The Constitution:-

The President can remove the judges in case of violation to the Constitution

iii) Physical unfitness:

The President can remove the judges on the ground of physical unfitness.

7.Retiring age article 179:-

A judge of Supreme Court shall hold office until he attains the age of 65 year, unless sooner
resign or is removed from office in accordance with Constitution.

8.Jurisdiction of Supreme Court

Following are the Jurisdiction of Supreme Court under Constitution of Pakistan 1973.

i) Original Jurisdiction

Supreme Court has original jurisdiction in any dispute between any two or more governments.
Here Governments mean federal government and provincial governments. And , if Supreme
Court considers that there is a question of public importance with reference to enforcement of
any of fundamental rights conferred by Constitution of Pakistan. Supreme Court have right to
power to make an order by exercising its original Jurisdiction.

Case Law:- Benazir Bhutto Vs Federation Of Pakistan 1968 The party

challenging has to show that the act was administered in the partial, unjust
manner.

ii) Appellate Jurisdiction

Appellate jurisdiction of Supreme Court means jurisdiction to hear and determine appeals from
judgments, decrees, final orders or sentences. An appeal shall lie to Supreme Court in
following circumstances:-

• Reversal of order:-

55
 An appeal shall lie to Supreme Court, if the High Court has on appeal reversed an order of
acquittal of an accused person and sentenced him to death or for life imprisonment.

• Withdrawal of Case:-

An appeal shall lie to Supreme Court, if High Court has withdrawn a case for a trial from
the subordinate Court and sentence the accused for death or life imprisonment.

• Punishment for contempt of high court:-

An appeal shall lie to Supreme Court, if the High Court has imposed any punishment on
any person for contempt of the High Court.

iii) Advisory Jurisdiction

If President of Pakistan considers that it is desirable to obtain opinion of Supreme Court on any
question of law, which he considers of public importance, he can refer such question to
Supreme Court for consideration. And Supreme Court considers such question and report its
opinion on such question to the President.

9. Conclusion

To conclude it can be said that the Supreme Court is the highest court of Pakistan. It is
considered final authority of legal and constitutional disputes. All decisions of Supreme Court of
Pakistan are binding on all the courts in Pakistan. The Principal seat of Supreme Court is in
Islamabad and Branch Registries are in the provincial capitals of Lahore, Peshawar, Quetta and
Karachi.

HIGH COURT AND ITS COMPOSITION

1.Introduction:-

As per Article 175 of the Constitution there shall be a Supreme Court and one High Court in

56
every Province. There was one High Court for both Sindh and Balochistan but separate High
Court for each was established by the constitution (Fifth Amendment) Act 1976. The High Court
consists of Chief Justice and as many other judges whose number shall be determined by law or
by President. The Islamabad High Court is the fifth high court of Pakistan.

2. Relevant provision:-.

Articles 192,193,195,196,197,198,200,201 of 1973 Constitution of Pakistan deal with the High

Court

3.The composition of High Court u/a 192

A High Court shall consist of a Chief Justice and so many other judges as may be determined by
law or, as may be determined by President.

4.Jurisdiction of High Court u/a 192 (4)

The jurisdiction of High Court may by Act of Parliament be extended to any area of Pakistan not
forming part of Province.

5.Appointment of High Court Judges:

A judge of High Court shall be appointed by President after consultation:-

i) With, Chief Justice of Pakistan

ii) With, Governor concerned

iii) Except where appointment is that Of Chief Justice, with Chief Justice of High Court.

6.Qualification of judge of High Court

Following are the qualifications of the judge of High Court:-

i) Citizen of Pakistan:-

Only that person who is citizen of Pakistan can be appointed as judge of the High Court.

ii) 45 Years of Age:-

According to Legal Framework Order 2002 which enhanced the age limit of the judge of High
Court and which has become a part of the Constitution, only a person who is not less than 45
years of age can be appointed as judge of a High Court.

57
 iii) Advocate of high court for not less than 10 years:-

A person can be appointed as a judge of a High Court, if he has been an advocate of

High Court for a period not less than ten years.

iv) Member of a civil service for 10 years:-

A person can be appointed as a judge of a High Court, if he is or has been a member of civil
service for a period not less than 10 years

v) Exercised functions of a district judge for 3 years:-

A person can be appointed as a judge of a High Court, if he is or has served as a

District judge in Pakistan for a period not less than three years

vi) Hold a judicial office in Pakistan for 10 years:-

A person can be appointed as a judge of a High Court, if he has held a judicial office in
Pakistan for a period not less than ten years.

vii) Other Conditions:-

(a) Not to hold any office of profit:-

A judge of the High Court shall not hold any office of profit in any other service under the
Government of Pakistan.

(b) Not to do legal practice after retirement:-

A judge of the High Court shall not be entitled to do legal practice in same Province after his
retirement

7.Term of office:

A Judge of High Court shall hold office until he attains the age of 62 years. (The Constitution
(Seventeenth Amendment) Act 2003 reduced the age limit of the judge from 65 to 62). A judge
of the High Court shall cease to hold office when he resigns. A judge of the High Court shall
cease to hold office when he is removed from office in accordance Constitution..

8.Acting chief justice of High Court:

Following are the circumstances for the appointment of acting chief justice:-

i) Office of chief justice of high court is vacant:-

58
 The President shall appoint one of the other judges of High Court to act as Chief justice, when
the office of the Chief Justice of High Court is vacant.

ii) Chief justice of a high court is absent:-

The President shall appoint one of the other judges of High Court to act as Chief justice, when
Chief Justice of High Court is absent. .

iii) Unable to perform the functions of his office due to any other cause.

The President shall appoint one of the other judges of High Court to act as Chief justice when
the Chief Justice of High Court is unable to perform the functions of his office due to any other
cause.

9.Additional judges:

When the office of judge of the High Court is vacant, the President may appoint a person as
additional judge of High Court who is qualified for the appointment as judge of the High Court,
in the manner provided under constitution for the following reasons:

i) Judge of high court is absent:-

When the judge of the High Court is absent, the President may appoint a person as additional
judge of High Court who is qualified for the appointment as judge of the High Court, if the
manner provided under cause (1) of Article 193, for such period as prescribed by Law.

ii) Unable to perform functions of "his office due to any other cause:

When the judge is unable to perform functions of his office due to any Other cause, the
President may appoint a person as additional judge pf High Court who is qualified for the
appointment as judge of the High Court, in-the manner provided under cause (1) of Article
193, for such period as prescribed by law.

iii) For any reason it is necessary to increase the number of judges of High Court:-

When for any reason it is necessary to increase the number of judges of High Court, the
President may appoint a person as additional judge of High Court who is qualified for the
appointment as judge of the High Court, in the manner provided under cause (1) of Article 193,
for such period as prescribed by law.

10.Transfer of Judge:-

59
The President may transfer the judge of High Court from one High Court to another High Court.

11.Decision of High Court binding on subordinate courts:-

Article 201 The decision of the High Court shall be binding on subordinate Courts.

12.Conclusion:-

Keeping in view the above discussion it is clear that the High Court consists of Chief justice and
such other judges as President may determine. They are appointed by the President of the
Pakistan. In order to be appointed as judge of the High Court, a person must possess all the
qualifications mentioned in Article 193(2).

POWERS OF HIGH COURT UNDER A-199

1.Introduction:

According to the constitution of 1973 of Islamic republic of Pakistan a high court is the highest
court in a province. Normally the jurisdiction of a High court is limited to its respective
province. There are five high courts in Pakistan. Out of these high courts one is based in capital
city of country and other four are based in capital cities of Punjab, Sindh, Balochistan and

60
KhybarPhuktonKha.

2. Relevant Provision

Article 199 of Constitution of Pakistan

3. Writ Jurisdiction of High Court

The most prestigious power exercised by the High Court is the writ jurisdiction. The writ power
exercised by High Court is subject to the. Constitution. The High Court can exercise its writ
jurisdiction when as application is filed to it.

(i) Meaning of Writ:-

“A written judicial order to perform a specified act or giving authority to have it done as -in a
writ of mandamus or certiorari or as in an original writ for instituting an action at common
law.

(ii) Essentials elements of writs:

It is necessary to issue the writ that

(a) The court has complete satisfaction that a legal right has violated.

(b) No other adequate and speedy remedy is available

(c) The petitioner has locus Standi to invoke the jurisdiction of the court.

(e) Petitioners came to the court with clean hand.

(f) Court has the territorial jurisdiction.

4. Writs provided under article 199 of the constitution of Pakistan 1973:

Under article 199 of the constitution the high court may make the following writs or order:-

(i) Writ of mandamus:

Following are the important point regarding writ of prohibition:-

(a) Meaning of mandamus:

A writ of mandamus is a command issuing from the high court of justice, directing any

61
 person to do any particular act therein specified which appertains to his office and is in
nature of a public duty.

(b) Historical background:

Mandamus is a common law writ of extra ordinary character, sometimes referred to as

the highest judicial writ known to the law. It is also called one of the flowers of the
crown. It seems originally to have been one of that large class of writ of mandate by
which the sovereign of England guided, the execution of any wanted demonstration by
his subjects

(c) Purpose:

It is issued for the purposed that justice may be done in all cases where there is a specific
legal right and no specific legal remedy is available for enforcing such rights. It may also
issue in cases where although there is an alternative lawful cure, yet such mode of review
is less advantageous, gainful and powerful.

(d) Conditions for the writ of mandamus:

There are some conditions for the writ of mandamus:-i. There must be a public duty. ii.
There must be a specific demand and refusal. iii. There must be clear right to enforce the
duty.

(e) Who may apply?

An aggrieved person may apply for the writ or order of mandamus.

(f) Against whom it may be issued:

Writ of mandamus may be issued against a person performing functions in connection

with the affairs of federation or province or a province or a local authority to do any thin
which he is required by law to do.

(ii) Writ of prohibition:

Following are the important point regarding writ of prohibition:-

(a) Meaning of prohibition:

A writ of prohibition is an order which is issued to inferior court to discontinue a

processing pending before it on the ground that it has no jurisdiction to hold the said

62
 proceeding.

(b) Object of writ of prohibition:

Following are the object of the writ of prohibition:-

 To prohibit any public functionary from doing an act which is beyond its
jurisdiction.
 To restrain authorities from exercising extra jurisdictional powers.
(c) Who may apply for writ of prohibition:

Only an aggrieved person may apply for the writ of prohibition. Traditional view of
Locus Standi is applicable on the writ of prohibition.

(d) Grounds on which a prohibition may be issued:

Following are the grounds on which a prohibition may be issued:-

 Want of jurisdiction: The writ of prohibition lies only when it is intended to

restrain a tribunal or a court which assumes or threatens to assume a jurisdiction
which it does not possess.
 Violation of principles of natural justice: A prohibition may issue when it is
found that the action was in violation of principles of natural justice.
 Limits of Prohibition: There are some limits of prohibition:- unlawful
jurisdiction Pending proceedings. Proceeding party without jurisdiction.
(e) Exceptions:

This writ cannot be issued against legislative body, political leaders and parties and
private organization etc.

(iii) Writ of certiorari:

Following are the important point regarding writ of prohibition:-

(a) Meaning of certiorari:

Certiorari means to certify. A writ of certiorari is a writ which is issued from superior
court to call up the record of a proceeding in an inferior court for review.

(b) Nature and Scope:

It is an order issued by the Supreme Court or by a high court under the constitution to an

63
 inferior court or any authority exercising judicial or quasi judicial functions to transmit to
the court the record of proceeding pending therein for scrutiny and decided the legality
and validity of the orders passed by them.

(c) Object:

The object of this writ is to keep all subordinate court/tribunal, quasi judicial authorities
within the limit of jurisdiction if they excess then their decision would be quashed by
superior court by issuing this writ.

(d) Who may apply for writ of certiorari:

An aggrieved person can apply for the writ of certiorari. It means that Traditional view of
Locus Standi is applicable on the writ of prohibition.

(e) Against whom certiorari is issued:

The writ of certiorari is issued against:- Court. Judicial body. Quasi judicial body. Purely
executive or administrative tribunal.

(f) Grounds for the issues of writ of certiorari:

The grounds on which a writ of certiorari may be issued usually are as under:

 Where the inferior court or tribunal acts without or in excess of the jurisdiction
granted.

 Where the order of the inferior court or a tribunal is erroneous on the face of the
record.
 Where the order of the inferior court is tainted with fraud, mala fide, corruption or
collusion.
 Where the inferior court or tribunal has erroneously decided a collateral question
or assuming jurisdiction which is does not possess.
 Where a procedure is followed which is contrary to the principles of natural
justice.

(iv) Habeas corpus:

Following are the important point regarding writ of prohibition:-

(a) Meaning:

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 The writ of habeas corpus is the most ancient writ in the common law of England.
Habeas corpus means have the body before the court.

(b) Nature and scope:

This is the writ in the nature of an order calling upon the person who has detained another
to produce the latter before the court, in order to let the court know on what judicial
grounds he has been confined and to set him free if there is no legal justification for the
imprisonment.

(c) Objects:

The object of this writ is to provide a prompt remedy against illegal confinement. The
object of the writ of habeas corpus is to release a person from illegal detention.

(d) Who may apply:

Modern view of the locus Standi is applicable on the writ of habeas corpus. Any person
may apply for writ of habeas corpus against the detention of another provided he is bona
fide interested in the detenue.

(e) Against whom it may be issued:

This writ of habeas corpus may be issued against any person whether private or natural
person.

(f) Conditions:

There are some conditions on the writ of habeas corpus:- There must be detention.
Detention must be actual and illegal. Confinement should be in improper and
unauthorized place.

(g) Exceptions:

Preventive detention law and article 10 of constitution are the exception to this writ.
Another thing is Res-Judicata. This principle is not applicable in writ of habeas corpus
since the liberty of person is very much important than anything else. For even former
application has been dismissed on other ground fresh application may be filed on any
fresh ground.

(v) Quo Warranto:

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 Following are the important point regarding writ of prohibition:-

(a) Meaning:

A writ of Quo warranto is a writ issued by a superior court against a person who claims
or who usurp any office, franchise or liberty to enquire by what authority he supports his
claim.

(b) Nature and scope:

Quo warranto is a judicial remedy against an occupier or usurper of an independent

substantive public office or establishment or freedom, the usurper is asked by what power
quo warranto he is in such office, franchise or liberty. If the answer is not satisfactory to
the court, the usurper can be ousted by an order of quo warranto.

(c) Who may apply:

Modern view of the locus Standi is applicable on the writ of habeas corpus. Any person
may apply for writ of quo warranto.

(d) Office in respect of which writ is issued:

It is a public office, in respect of which order or writ of quo warranto is issued, for
example, The office of speaker of national or provincial assembly. The office of advocate
general of a province.

(e) Conditions:

There are some conditions on the writ of quo warranto:- That office must be created by
statute, by charter, or by constitution. The office must be public nature. The office must
be some substantive character. The holder must have been in actual occupation and under
of the office in question.

(f) Relief in Writ of Quo Warranto:

Relief must be given by issuance of injunction to a person not to act therein. To declare
the office vacant.

5. Conclusion:-

Keeping in view the above discussion it is clear that writ petition is available only when no other

66
remedy is available. The High Court can issue the writs of Mandamus, Prohibition and certiorari
on the application of the aggrieved party and it can also issue writs of Habeas Corpus on the
application of the party having any interest and it can also issue the writ of quo warranto on the
application of the interested party to inquire the person, against whom the writ is filed, as to
under what authority he claimed to hold that office. In case of public importance the Supreme
Court also has the same powers under Article 199.

EMERGENCY PROVISIONS

1.Introduction

The president may proclaim state of emergency and make regulations accordingly. Emergency
may arise all over the country or in a province or in a part of it. The president is authorized to
declare state of emergency for whole of the country or any part of the country. The President,
during the period of emergency, exercises the most prestigious powers conferred by the
Constitution to protect the solidarity of country, economic interest and to get rid of the financial
crisis. The president is authorized to issue proclamation of emergency for whole of country or
any part of the country. During emergency conditions, the federal powers extend even to
provincial affairs and the fundamental rights may also be suspended. He can remove the
proclamation of emergency when he feels that conditions have come to an end, which caused
issuance of emergency.

Relevant articles:-

Article 232 to 237 of Constitution of Islamic Republic of Pakistan

2.Power to proclaim the emergency:

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A proclamation of emergency is issued by the president. The president is the sole judge of the
situation and it is he who has to decide whether or not the proclamation would issue.

3.Kinds of Emergency:

i) Emergency due to war, external or internal disturbance.

ii) Emergency due to the breakdown of constitution machinery.

iii) Financial emergency.

i) Emergency due to war, External or internal disturbance:-

When there exists a grave emergency due to which the security of Pakistan or any part thereof
is threatened by war or external aggression by internal disturbance beyond the power of
provincial government to control. The president can declare the state of emergency.

• Suspension of fundamental Rights:

During the emergency the fundamental rights can be suspended and the president is
empowered to declare that the right to move any court for the enforcement of such
suspended rights shall remain suspended for the period during which proclamation is
enforced.

ii) Emergency due to the Breakdown of constitutional Machinery:-

In case the president is satisfied with the report of the Governor concerned that a situation has
arisen in which the government of the province cannot be carried on in accordance with the
provisions of the constitution. He can proclaim an emergency.

(a) Effect:

Federal executive or federal legislature shall take over functions of provincial executive and
legislature.

(b) Duration of Emergency:

The duration of emergency is for the period of sixth months.

(c) Extension in period:

The president may extent the period of emergency for two months.

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 (d) Law to cease after sixth months:

Laws made by the federal executive and federal legislature shall cease after sixth months of
proclamation of emergency.

Case Law P.L.D. 1997 lah 38

No constitution breakdown had been shown to exist in the province but

resignations of certain ministers and Advisors form the provincial cabinet were
shown on the record. Such circumstances could be considered to constitute a
situation in which the Govt. of the province could not run in accordance with
the constitution and proclamation under Article 204 was not justified.

iii) Financial Emergency:

In case the president is satisfied that a situation has arisen whereby the economic life, financial
stability of credit of Pakistan, or any part thereof, is threatened, he may after consultation with
the Governor of the provinces or the case may be, the governor of the provinces concerned by
proclamation a declaration to the effect, and while such proclamation is in force, the executive
authority of the federation shall extend to the giving direction to any province to observe such
principles of financial property as may be specified in the direction as to the giving of such
other directions as the president deems necessary in the interest of economic life, financial
stability of credit of Pakistan or any part thereof.

4.Revocation of Proclamation:

The proclamation declared by the president may be varied or revolved by a subsequent

proclamation.

5.Safeguard to proclamation:

The validity of any proclamation issued or order made under this part shall not be called in
question in any court.

Case Law P.L.D 1977 Kar. 604

It was held that president's power to issue proclamation or revoke proclamation

of emergency is not open to judicial review.

6.Unitary form of government in emergency:-

69
When president proclaims emergency, the country practically becomes unitary form of
government. In such situation:-

i) Unified action is considered necessary

ii) Federal executive extends to the provincial executive

iii) High Courts remain independent.

7.Proclamation of emergency on account of war & internal disturbances

If President is satisfied that grave emergency exists in which Security of Pakistan or any part of
Pakistan is threatened by War, External aggression or by internal disturbance beyond the power
of the Provincial government to control, the President may issue a proclamation of emergency.

8. Comparison with 1962 constitution:-

The concept of emergency is wider in 1973 Constitution than in 1962 where financial reasons
and breakdown of provincial government are not included.

9. Conclusion:-

Keeping in view the above discussion, it is clear that when the country is facing internal or
external threats, the President of Pakistan can proclaim emergency in order to maintain the
integrity of Pakistan. In emergency conditions the Parliament shall have power to make laws for
any area of Pakistan and it may also assume the functions of the Provincial government. The
president of Pakistan is empowered to declare the state of emergency. He can also revoke or vary
the emergency.

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 NATIONAL ECONOMIC COUNCIL
1. Introduction
Article 156 of the Constitution, 1973 governs the Constitution and functions of National
Economic Council. The National Economic Council reviews the overall economic condition of
the country. It formulates plans for advising the Federal Government and the Provincial
Governments, in respect of financial, commercial, social and economic policies.
2. Relevant Provision
Article 156 of constitution of Pakistan
3. Constitution of the council
The National Economic Council is a permanent body appointed by the President. The Council
consists of such persons as are appointed by the President, subject to the condition that one
member shall be appointed from each Province on the recommendation of the Government of
that Province. With this exception, appointment and removal of members have been left to the
discretion of the President and the members of the Council have to serve during his pleasure. The
Prime Minister is the constituent part of the Council and stands as Chairman of the Council.
4. Functions of the council
Council performs the following functions:
(i) Review of financial progress of the country
The Council is a high-power expert body which reviews the economic progress of the
country.
(ii) Advises to governments
Council also advises the Federal Government and Provincial Government in all matters
relating to economic development, in the light of the reviews.
(iii) Formulation of plans

71
 Council formulates plans for economic development of Pakistan, and for that purpose it
formulates plans for the financial, commercial and economic policies of the government. The
Council has been entrusted with one of the most vital functions of state because much about
the success or failure of a government would depend upon the ‘plans’ made by the Council
and their success in execution. However, these functions are only advisory in nature.

5. Duration of Plans
All the plans formulated by the Council will be for a particular period. The Council may make a
five-year plan, or a ten-year plan for the development of Pakistan. This method of periodic
planning makes planning easier and also provides an opportunity of learning by experience.
Usually all plans are made for a period during which a Government is ordinarily expected to
remain in office. It is politically improper for a government to bind down succeeding
governments by its decisions regarding the development of the country. Therefore, the maximum
period for which it is advisable for the Council to make plans is five years or less.
6. Execution of Plans
The responsibility for the final execution of the plans does not rest with the Council. It has to
formulate a plan and lay it before the Federal and Provincial Governments. It is for the
Governments of the Federation or the Provinces to accept the ‘plans’ and to make them subject
to the approval of the respective Assemblies. Therefore, the final decision about the execution of
a plan is a political decision.
7. Executive authority of the council
It has been specifically made clear in Article 156 that though the National Economic Council is
constituted by the President, its recommendations are not put into operation by the executive
authority Of the Federation. The matter is handled both at the Federal and Provincial level.
Where the plan deals with a subject within the legislative competence of a Provincial legislature,
the Province has the power to execute the plan, and where the matter is in the legislative
competence of the Parliament, the Federal Government executes the plan.
8. Conclusion
To conclude it can be said that NEC is a principle federal institution and a consultative forum
used by Prime Minister of Pakistan as its chairman, for concerning matters of state's economic

72
security, geo economic, political economic and financial endowment issues. Although it is often
chaired by the Finance Minister but executive authorization on key economic policies are made
by the Prime Minister of Pakistan who serves as the chairman of the NEC.

FEDERAL SHARIAT COURT, IT’S JURISDICTION AND POWERS

1. Introduction

Federal Shariat Court of Pakistan is a court, which has Power to examine and determine whether
Laws of the country are according to Islamic injunctions or not. It consists of eight Muslim
judges, and Chief Justice of this court is from these eight Judges. Chief Justice of this Court is
appointed by President of Pakistan and other Judges of this court are appointed by President of
Pakistan after consulting the Chief Justice of this court. Appeal against the orders of Federal
Shariat Court lies to the Supreme Court where Shariat Appellate Bench has been created for the
purpose.

2. Relevant Provisions

Article 203-C to 203-J enact provisions for the establishment, Constitution, function and powers
of Federal Shariat Court.

3. Object of establishment of Federal Shariat Court

Object of establishment of Federal Shariat Court is to examine and decide

Questions of repugnancy of any law or provisions of law to Injunctions of Islam as laid down in
Holy Quran and Sunnah of the Holy Prophet (PBUH).

4. Composition of Federal Shariat Court

The Federal Shariat Court, constituted under Article 203-C, shall consist of not more than eight
Judges including a Chief Justice.

5. Qualification

The Chief Justice shall be a person, who is or has been or is qualified to be a Judge of the
Supreme Court or who is or has been a Permanent Judge of a high Court.

73
6. Tenure of judges

The period for which Chief Justice and Judges of the Federal Shariat Court shall hold office has
been fixed as three years. Chief Justice and Judges of the Court may, however, be appointed for
such further period exceeding the period of three years and on such further term or terms as the
President of determine.

7. Resignation

The Chief Justice or judge may resign from their office by his hand writing application to the
President of Pakistan.

8. Jurisdiction of Federal Shariat Court

Following points are important for explanation of Jurisdiction of Federal Shariat Court.

i) Jurisdiction about Un-Islamic Laws

Federal Shariat Court possesses Jurisdiction to examine whether any law or Provision of Law
is against to injunctions of Islamic or not. Federal Shariat Court can exercise such Jurisdiction,
either through its own motion or on petition of a citizen of Pakistan.

ii) Jurisdiction to decide a Law as a un-Islamic Law

Federal Shariat court possesses Jurisdiction to decide that any law or Provision of law is
repugnant to injunction of Islam.

iii) Jurisdiction of Revision

Following point for jurisdiction of Revision

(a) Calling for an Examination of Record of a Case

Federal Shariat Court can call for and examine record of any case, which has been decided
by an criminal court in relation to enforcement of Hudood.

(b) Suspension of Execution of any Sentence

While calling for and examining record of any case, which has been decided by any criminal
court in relation to enforcement of Hudood, Federal Shariat Court can suspend execution of
any sentence.

(c) Enhancement of any Sentence

74
 Federal Shariat Court can enhance sentence in any case, Record of which is called for.

(d) Release of an accused

While calling for and examining record of any case, which has been decided by any Criminal
Court in relation to enforcement of Hudood. Federal Shariat court can release an accused on
bail.

9. Power and Procedure of Federal Shariat Court

Following points are important

i) Contempt of Court

Federal Shariat court has power to a high court to punish its own contempt.

ii) Power of Review

Federal Shariat Court possesses power to review any of its own decisions or orders.

iii) Framing of Rules

The Federal Shariat court can frame the Rules for the conduct of its own Proceeding.

iv) Opinion of an Expert

The Federal Shariat can seek opinion of an expert on Islamic law.

v) Attendance of any Person

Federal Shariat Court has power to summon and enforce attendance of any person.

vi) Discovery and Production of any Document

Federal Shariat Court possesses power to production of documents.

vii) Evidence on Affidavits

Federal Shariat court has power to receive evidence on affidavits.

viii) Issuing of Commissions

Federal Shariat Court possesses Power to issue commission for examination of documents.

ix) No Court Fee

No court fee is payable in respect of any petition or application, which is made to Federal

75
 Shariat Court.

10. Conclusion

Federal Shariat Court has power and jurisdiction to test' the statute on the touchstone of Shariah
with the assistance of Ulema and Scholars and convey its opinion to the Authority concerned.
Under Article 203-GG, any decision of Federal Shariat Court is binding on a High Court and on
all other courts subordinate to High Court. Federal Shariat Court, however, cannot enact a new
law.

CHIEF ELECTION COMMISSIONER AND ELECTION COMMISSION

1.Introduction:

The constitution of 1973 provides an administrative structure for elections. It is one of the most
significant features of a democratic system of government that the public authorities vest in
public representatives who are elected directly or indirectly by the people. The election of such
representatives requires a procedure which should be arranged and conducted honestly, fairly
and justly. For this purpose, a Constitutional institution is formed which is called Election
Commission and its head is called Chief Election Commissioner..

Relevant provisions:

Article 213 to 226.

2.Election commission:

According to the constitution election commission shall be constituted for the purpose of general
election to the assemblies. The election commissioner shall be the chairman of the election
commission.

3. Composition of Election commission

The Election Commission shall consist of:

(i) The Chief Commissioner, who shall be the Chairman of the commission; and

(ii) Two members, each of whom shall be a Judge of High Court appointed by the President
after consultation with the Chief Justice of the High Court concerned and with the
Commissioner.

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4. Duties and functions of election commission

Following are the duties and functions of election commission of Pakistan

(i) To Organize and Conduct Elections

Election Commission has been entrusted with the duty to organize and conduct elections and
to make such arrangements as are necessary to ensure that the election was conducted
honestly, justly, fairly and in accordance with law and that unfair practices are guarded
against.

(ii) To Prepare Electoral Rolls V

Election Commission is also duty-bound to prepare electoral rolls for election to the National
Assembly and Provincial Assemblies and to revise such rolls annually.

(iii) To Conduct Election to the Senate

It ’is also the duty of Election Commission to organize and conduct election to the Senate
and to fill casual vacancies in a House or a Provincial Assembly and to appoint Election
Tribunals.

5.Appointment of chief election commissioner:

The president shall appoint the chief election commissioner. And Chief election commissioner
takes oath of office before the chief justice of Pakistan. The appointment is not permanent and
substantive. It is merely intended for the purpose of holding of the forthcoming general election.

Case law

P.L.D 1978 SC 40 P.60

A person appointed chief election commissioner can perform the function

acting chief justice of high court.

6.Qualification:

The qualification criteria of chief election commissioner were amended through 22nd amendment
in the constitution of Pakistan. No person shall be appointed Commissioner unless he has been a
judge of the Supreme Court or has been a senior civil servant or is a technocrat and is not more
than sixty-eight years of age.

77
Here a senior civil servant" means a civil servant who has served for at least twenty years under
Federal or a Provincial Government and has retired in BPS-22 or above and technocrat" means a
person who is the holder of a degree requiring conclusion of at least sixteen years of education,
recognized by the Higher Education Commission and has at least twenty years of experience,
including a record of achievements at the national or international level.

7. Term of Office:

The term of the office of election commissioner is three years. National assembly may extend
the term for one year through a resolution.

8.Termination:

The procedure of removing the chief election commissioner is similar as for the removal of high
court or Supreme Court judges.

9.Restrictions:

Chief election commissioner cannot accept an office of profit in the service of Pakistan until two
years from the date of his retirement.

10.Functions powers and duties of election commissioner:

Functions, powers and duties of election commissioner are as under:

i) Preparation of electoral rolls:

He prepares electoral rolls for election of national and provincial assemblies and revises the
rolls annually.

ii) Elections of senate:

Chief election commissioner organizes and conducts elections of the senate.

iii) Appointing election Tribunal:

Chief election commissioner appoint to decide dispute regarding counting of votes or about the
conduct of election in any constituency.

iv) Election of casual vacancies:

Chief election commission holds elections to fill casual vacancies in parliament or in provincial
assembly.

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11.Acting commissioner:

When the office of the commissioner is vacant or he is absent or unable to perform the functions
of his office due to any other cause a judge of the supreme court nominated by the chief justice
shall act as commissioner.

12.Conclusion:

To conclude I can say that; the chief election commissioner is appointed by the president for a
term of three years. The important duty of the chief election commissioner is to hold fair election
in the country. He has such powers and functions as are conferred on him by the constitution and
law.

COUNCIL OF COMMON INTERESTS

1.Introduction:

In order to divide government organizations and department among the provinces, the council of
common interest has been set up under the present constitution. The council of common interest
is a constitutional body which irons out differences, problems and irritants between the provinces
interest and also between the provinces and the federation. It is an institution which provides
constitutional justice to the provinces and federation.

Relevant Provisions:

Article 153 to 155.

2.Object f council of common interest:

Case law

P.L.D 1993 Sc 473

It was held. the object of council of common interest is to strengthen and

integrate federation and provinces, iron out their differences.

3.Organization:

The members of the council shall be provincial chief minister and an equal members from the
federal government who are nominated by prime minister from time to time.

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4.Appointment of Members:

The members of common interest is appointed by the president of Pakistan.

5.Chairman of The Council of Common Interest:

Prime Minister is the member of the council and its chairman. Otherwise President shall appoint
federal minister.

6.Responsibility of The Council:

Council of common interest shall be answerable to the parliament.

7.Function of The Council:

i) Policy Making:

Council of common interest formulates and regulates Policies in regulates to matters

enumerated in part II of the Federal legislative list and with regard to electricity.

ii) Decisions of Complaints:

Council of common interest decides complaints regarding water; when the provincial or federal
government makes a law or passes an order regarding water or any natural resource affecting
the interests of a province.

iii) End of differences:

It is an important duty of council of common interest to bring into conformity and policies of
all provinces and not any difference arise between the federal and provincial policies.

iv) Supervisory of the institutions:

The council of common interest supervise the institutions such as railways mineral, oil,
electricity natural Gas, development of industries and institution, establishment, bodies and
corporation administrated or managed by the federal govt.

8.Mode of decision:

The decision of the council are expressed as the opinion of the majority.

9.Conclusion:

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To conclude I can say that; The Council of Common Interests (CCI) is a constitutional body in
the Government of Pakistan. It is appointed by the President on the advice of the Prime Minister.
The CCI resolves the disputes of power sharing between the federation and provinces. The
Council works under Ministry of Inter Provincial Coordination and it responsible to both houses
of Parliament, the Senate of Pakistan and the National Assembly of Pakistan.

ISLAMIC IDEOLOGY COUNCIL OF PAKISTAN

1.Introduction:

The constitution of 1973 is regarded as an Islamic constitution because Islam is the state's
religion of the country and according to the constitution steps shall be taken to enable the
Muslim to order their life in accordance with Islam. Islamic Ideology council was created though
this constitution. The Council of Islamic Ideology is a constitutional body that advises the
legislature whether or not a certain law is repugnant to Islam, namely to the Qur'an and Sunnah.

2. Relevant Provisions:

Article 227-231.

3. History of formation of Islamic Ideology council

(i) Step 1 - Islamic Commission

The Council of Islamic Ideology was initially proposed in the first Constitution of Pakistan
1956. It was then named as to be Islamic Commission which was to be established within
one year of promulgation of the 1956 Constitution under Article 198.

(ii) Step 2 - Advisory Council

The Council of Islamic Ideology was established as Advisory Council of Islamic Ideology
on August 1, 1962 under Article 199 of the Constitution of the Islamic Republic of Pakistan
1962, which provided for the constitution of the Council, its functions, rules of procedure,
and the establishment of Islamic Research Institute.

(iii) Step 3 - Council of Islamic Ideology

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 Advisory Council of Islamic Ideology was re-designated as Council of Islamic Ideology in
Article 228 of the 1973 Constitution with provisions for its composition , Procedure for
reference to the Council , its functions, and Rules of Procedure.

4.Composition of the council of Islamic Ideology:

Islamic council has its Chairman and minimum 8 and maximum 20 members (including the
Chairman). They must have knowledge of the principles and philosophy of Islam as enunciated
in the Holy Qur’an and Sunnah. They must have understanding of the economic, political, legal
or administrative problems of Pakistan. Here is the composition of this council

i) So far practicable various schools of thought are represented in the council.

ii) Not less than two members are persons each of whom is, or has been a judge of the supreme
court or the high court.

iii) Not less than four of members are persons each of whom has been engaged, for a period not
less than fifteen years in Islamic research or institutions and

iv) At least one member is a woman.

5.Appointment of Members:

Members of the council of Islamic ideology are appointed by the President of Islamic republic of
Pakistan on the advice of Prime Minister.

6.Qualifications for Members:

Members should have the following qualifications:

i) Have Knowledge of the principles and philosophy of Islam.

ii) Have knowledge of Islamic law and Fiqa.

iii) Have knowledge of political problems of Pakistan.

iv) Have knowledge of economic problems of Pakistan.

v) Have knowledge of the legal and administrative problems of Pakistan.

7.Functions of council of Islamic ideology:

Functions of council of Islamic ideology are as under:

i) Advisory Functions:

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 Council of Islamic ideology shall give advice to the president, parliament, or provincial
assembly about the bills whether they are in accordance with or in consistent to the Islamic
Principles.

Case law PLD 2001, SC, 8

It was held that no law repugnant to the holy Quran and sunnah can be
enacted and all existing laws to have to be brought in conformity with the
injunctions of Islam.

ii) Research Functions:

Council of Islamic ideology makes research on different aspects of laws enforced in Pakistan.

iii) Reporting function:

Council of Islamic ideology prepares its reports on the recommendation and presents to the
parliament.

iv) Explanatory function:

If there is any ambiguity the provisions of the constitution of Islamic republic of Pakistan on
subject of religion, the council can explain it.

8.Modes of Proceeding:

i) On the reference made by

(a) Parliament both houses)

(b) President

(c) Provincial assemblies.

(d) Governor

ii) Suo-motu

9.Scope:

The council of Islamic ideology has been assigned a special advisory role. Its primary duty is to
be bring all existing laws in conformity with the injunctions of Islam as laid down in Holy Quran
and Sunnah.

10.Rules of Procedure:

83
The proceedings of Islamic council shall be regulated by the rules of procedure to be made by
the council with the approval of the president.

11.Conclusion:

To conclude, I can say that; Islamic ideology council consists of a chairman and other members
who are appoint by the president for the term of 3 years. The main functions of Islamic ideology
council shall be make recommendation to parliament as to ways and means of enabling the
Muslims of Pakistan to order their lives in accordance with principles of Islam.

SUPREME JUDICIAL COUNCIL AND ITS COMPOSITION AND FUNCTION UNDER

THE CONSTITUTION OF 1973

1.Introduction:

The Supreme Judicial Council is comprised of the Chief Justice of Pakistan as Chairman, two
most senior Judges of the Supreme Court and two most senior Chief Justices of High Courts as
members. The Registrar, Supreme Court of Pakistan acts as its Secretary. On a reference
received from President or through suo-moto action, the Supreme Judicial Council investigates
the matter and presents its finding to the President. If the council decides that the Judge is
incapable of performing the duties of office or is guilty of misconduct, and therefore should be
removed from office, the President may order the removal of such judge. A judge may not be
removed from service except on the specified grounds and subject to the prescribed procedure.

2. Relevant Provisions

Article 209 to 211 of 1973 Constitution of Pakistan are relating to supreme judicial council.

3.Scope:

The judges of supreme courts are accountably in accordance with the article 209 of the
constitution of Pakistan. An individual has not right to move against a judge in the supreme
judicial council.

Case law

Asad Ali v/s Federation of Pakistan PLD 2000 P. 179.

It was held that recommendation of the chief justices of the high otherwise of a
person to be appointed or confirmed as judge of high court would not fall within

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 the scope of Article 209.

4.Organization of Supreme Judicial Council; Article 209 (2)

Supreme Judicial Council consists of;

i) The Chief Justice of Pakistan

ii) The two next most senior Judges of Supreme Court and

iii) The two most senior Chief Justices of High court

5.Matters which can be enquired by the supreme judicial council:

Supreme judicial council can enquire the matters as under.

i) The incapacity of a judge to perform the duties of his office properly arising out physical or
mentally.

ii) Misconduct of the judge.

6.Nature of proceeding before supreme judicial council:

The proceeding against a judge of the high court or the supreme court neither criminal nor civil.
it is merely an administrative nature proceeding.

7.Modes of proceeding:

Supreme judicial court can take or initiate proceeding:

i) By itself.

ii) By the reference of the president of Pakistan.

8.Functions of Supreme Judicial Council

Following are the functions of supreme judicial council

i) Making of enquiry:

The primary function of the supreme judicial council is to make enquiry into the conduct of a
judge of the Supreme Court of High Court. If on the basis of information received from the
council or from any other source, the President is of the opinion that a judge of the Supreme
Court or High Court.

(a) May be incapable of properly performing his duties due to physical or mental incapacity.

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 (b) May have the guilty of misconduct.

The president shall direct the council to inquire into the matter. Supreme judicial council will
undertake such an enquiry and submit a report on the matter, by majority of its members,
declaring that the judge is incapable of performing his duties or has been guilty of
misconduct, the president may remove the judge from his office.

ii) Power to enforce attendance of person:

It is also the function of the council and its power of issuing directions or orders for securing
the attendance of any person or for discovery or production of documents. The orders issued by
the council in this connection are enforceable as though they had been issued by the Supreme
Court.

iii) Contempt of court:

The law of contempt of court is also applicable to the council.

iv) Opinion

If there is a difference of opinion amongst members of Supreme Judicial Council, opinion of

majority prevails, and the report of the Council to the President is expressed terms of view of
the majority

v) Removal of Judge

If the Supreme Judicial Council reports to the President that it is of the opinion that judge of
Supreme Court or High Court is incapable of performing the duties of his office or has been
guilty of misconduct, and that he should be removed from office, the President can remove the
Judge from office.

vi) Code of Conduct; Article 209(8):

Supreme Judicial Council issue a code of conduct, which is to be observed by Judges of

Supreme Court and High Courts.

9.Bar of Jurisdiction:

The actions taken or reports made by the council shall not be questioned in any court of law.

10.Conclusion:

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To conclude I can say that supreme judicial council is an important constitutional institution.
Supreme judicial council is a unique institution. It makes enquires against the judges of high
court and also the judges of Supreme Court of Islamic republic of Pakistan. A judge of high court
or the Supreme Court can only be removed on the report of supreme judicial council.

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