Refreshing The Memory By Evoking The Previous

Knowledge:
The Objectives Resolution
The Resolution was moved by Liaquat Ali
Khan, 1st Prime Minister of the Islamic
Republic of Pakistan, and approved on
March 12, 1949.
The Objectives Resolution:
i) was the first constitutional document that proved to

be the roadmap, foundation and framework of the

future constitutional developments (1956, 1962,
1973)
in Pakistan.
 TOPIC

THE CONSTITUTIONS OF PAKISTAN 1956,1962 AND

1973:
Comparative Analysis of Constitutional Provisions and
Contemporary Amendments to the Constitution of 1973
 Definition of Constitution

Constitution is document that contains set of fundamental rules about:

i) Functioning of governments: Federal & provincial

ii) Distribution of powers between branches of government: Legislature,

Judiciary & Executive

iii) Rights and obligations of citizens

Nationality: United States

Fields: Political Science
Institution: New York University
Known for: Expert onvoting systems, Parliamentary Affairs and Constitution (Steven Brams)
 Features of Constitution

Constitution is the Supreme Law

It specifies how the government will be
constituted.
It lays down limits on the powers of the Govt.
It tells about the rights and duties of the
citizen.
It expresses the aspirations of the people
about creating a good society.
 1-Introduction

S.N Variable 1956 1962 1973

O
1 Key Role Ch. Muhammad Ayub Khan Z.A. Bhutto
(Ruler) Ali
2 Enforcement 23rd March 08 June 14th August
3 State System Federal Federal Federal
4 Form of Govt. Parliamentary Presidential Parliamentar
y
5 Federal Unicameral Unicameral Bicameral
Legislature
6 Remained in 1958 1969 Till date
force
7 Number of 234 250 280
Articles
 2-Common Islamic
S.NO Islamic
Provision
Provisions
1956 1962 1973

1 Countrys Name Islamic Republic of Islamic Republic of Islamic Republic of Pakistan

Pakistan Pakistan
(after 1st Amendment)

2 Sovereignty: Belongs to Belongs to Almighty Belongs to Almighty Allah

Supreme Power Almighty Allah Allah
3 President Must be Muslim Must be Muslim President + PM must be
Muslim
4 Islamic Law i) No law will be i) No law will be i) No law will be enforced
enforced enforced contradictory to Quran
contradictory to contradictory to and Sunnah
Quran and Quran and Sunnah ii) Existing Laws will be
Sunnah ii) Existing Laws will be brought into conformity
ii) Existing Laws brought into of Islam
will be brought conformity of Islam
into conformity
of Islam
5 Islamic Organization of Islamic Ideology Council
Institutions Islamic Research i) Islamic Ideology
Council
ii) Islamic Research
Institute
6 Quranic and Compulsory Compulsory Compulsory
Islamic
Teachings
3-Additional Islamic Provisions in
the Constitution of Pakistan 1973
S. Islamic Provision
No
1 Religion Islam
2 Definition of Belief in :
Muslim Tauheed, Prophet-hood, Angels, Revealed
Books, Day of Judgment and to profess
faith in the finality of Prophet-hood
3 Teaching of Compulsory
Arabic and
Printing of
Quran
4 Islamic Values Islamic Environment was promised
5 Islamic Society Through Islamic Law and Institutions
6 System of Zakat to eradicate poverty and to distribute
and Usher wealth
Articles (Provisions) of the Constitution of
Pakistan 1973: Difference between theory
and practice

Article 9: Security of Person:

No person shall be deprived of life or liberty,
save in accordance with law.

The statement of Article 25 A is as

follows:
The State shall provide free and compulsory
education to all children of the age of five to
sixteen years in such manner as may be
determined by law.
Amendment and Procedure

Amendment is only made by Parliament, so for 21

amendments have been made to the constitution of
Pakistan 1973.
Procedure of Amendment:
i. Amendment draft has been framed
ii. Amendment Bill is Presented in Parliament
iii. Debate
iv. Voting- passed by 2/3 majority
v. President consent
vi. Implementation
Important Amendments in the
constitution of Pakistan 1973
 8th Amendment:
Powers shifted to President

Passed in 1985 during Zia-ul-Haq government

Earlier the President was required to act on the
advice of the PM, Now the President was empowered
to ask the PM to consider such an advice.
President to dissolve the NA while the Governors
could dissolve the Provincial assemblies. Article 58
(2)(B)
President had the power to appoint Governors and
key figures with the consultation of the PM. However,
the consultation was not binding.
 13th Amendment:
Powers shifted to Parliament

Passed in 1997 and reversed the changes made

in 8th amendment (Nawaz Government).
Omission of the Article 58 (2)(B).
The power of the president to make key
appointments was curtailed. The advice of the
PM became a binding and not consultation.
 17th Amendment (2003)

Musharraf Government
Gave credibility to Musharrafs actions through vote of
confidence.
President to consult with the PM while it wasnt a
binding.
Revival of 58 (2)(B).
President had the powers to make key appointments.
The President and the Governors to appoint the
caretaker govt in case of the dissolution of the NA or
the Provincial Assemblies.
 18th Amendment (2010)
Decentralization of federal powers and resources to provinces by
amending 102 Articles of Constitution.
* Amendment to Article 6 seeks to pre-empt military coups in future
* Article 58(2b) to be revoked, substituted with Dissolution of National
Assembly
* Total strength of cabinet should not exceed 11% of total membership
of parliament
* Governor should be a resident and registered voter of his/her
province, he/she would be appointed by president on prime ministers
advice
* Amendment to Article 157 says federal government must consult
provincial government before installing hydroelectric power stations in
any province
* NWFP will be renamed Khyber-Pakhtoonkhawah
* State will provide free, compulsory education to children aged
between 5 and 16 years
* Amendments to Clause 1 seek substitution of Baluchistan with
Balochistan, Sind with Sindh
* Insertion of clause sought to bar persons acquiring citizenship of
foreign country from contesting elections to parliament
 19th Amendment (2011)

TheTribal Areas, adjoiningLaki

MarwatandTankdistricts, are declared to be
part ofFATA.
Prime Ministerwas included in the appointment
procedure of judges
 20th Amendment (2012)

Amendment is about care taker set-up , and

appointment of ECP, CEC
 21st Amendment (2015)

The amendment sought to setup speedy

trialMilitary Courtsfor offences relating to
terrorism, waging of war against Pakistan
and prevention of acts threatening the
security of Pakistan. The duration of such
courts would be two years. The decision to
amend the constitution came after the2014
Peshawar school massacre
22nd Amendment (yet not
passed)

The political parties could not reach a

consensus over the 22nd Amendment in the
Constitution during the meeting chaired by
Prime Minister (PM) Nawaz Sharif
regardingeliminationof horse trading in
elections. Pakistan Peoples Party (PPP) and
Jamiat Ulema-e-Islam-Fazl (JUI-F) refused to
endorse the Amendment.
Thanks
Explanatory Slides
 List of Prime Ministers of
Pakistan
Total Proministers: 19
1. Liaquat Ali Khan (1896 1951)
In Office:14 August 1947 16 October 1951
Status:Elected democratically
Political Party:Muslim League
Total Duration:4 Years, 2 Months, 2 Days

2. Sir Khawaja Nazimuddin (1894 1964)

In Office:17 October 1951 17 April 1953
Status:Elected democratically
Political Party:Muslim League
Total Duration:2 Years exactly

3. Muhammad Ali Bogra (1909 1963)

In Office:17 April 1953 12 August 1955
Status:Elected democratically
Political Party:Muslim League
Total Duration:2 Years, 2 Months, 26 Days

4. Chaudhry Muhammad Ali (1905 1980)

In Office:12 August 1955 12 September 1956
Status:Elected democratically
Political Party:Muslim League
Total Duration:1 Year, 1 Month exactly
5. Huseyn Shaheed Suhrawardy (1892 1963)
In Office:12 September 1956 17 October 1957
Status:Elected democratically
Political Party:Awami League
Total Duration:1 Year, 1 Month, 5 Days

6. Ibrahim Ismail Chundrigar (1898 1968)

In Office:17 October 1957 16 December 1957
Status:Elected democratically
Political Party:Muslim League
Total Duration:1 Month, 29 Days

7. Sir Feroz Khan Noon (1893 1970)

In Office:16 December 1957 7 October 1958
Status:Elected democratically
Political Party:Republican Party
Total Duration:9 Months, 21 Days

8. Nurul Amin (1893 1974)

In Office:7 December 1971 20 December 1971
Status:Elected democratically
Political Party:Pakistan Muslim League
Total Duration:13 Days Only
9. Zulfikar Ali Bhutto (1928 1979)
In Office:14 August 1973 5 July 1977
Status:Elected democratically
Political Party:Pakistan Peoples Party
Total Duration:3 Years, 10 Months, 21 Days
List of Presidents of Pakistan
Total Presidents: 12
1. Iskander Mirza (18991969)
In Office:23 March 1956 27 October 1958
Total Duration:2 Years, 7 Months, 4 Days
Status:Elected democratically
Political Party:Republican Party

2. Ayub Khan (19071974)

In Office:27 October 1958 25 March 1969
Total Duration:10 Years, 4 Months, 26 Days
Status:Military Dictator
Political Party:None

3. Yahya Khan (19171980)

In Office:25 March 1969 20 December 1971
Total Duration:2 Years, 8 Months, 25 Days
Status:Military Dictator
Political Party:None

4. Zulfikar Ali Bhutto (19281979)

In Office:20 December 1971 13 August 1973
Total Duration:1 Year, 7 Months, 24 Days
Status:Elected democratically
Political Party:Pakistan Peoples Party
Federal Structure/System
 Federal Legislature:
Parliament

Parliament of Pakistan

National Assembly Senate

The Constitution of Pakistan
Example of Constitutional
Article
Article: 1 The Republic and its territories
1. The Republic and its territories.(1) Pakistan shall be a Federal Republic to
be known as the Islamic Republic of Pakistan, hereinafter referred to as
Pakistan.

1[(2) The territories of Pakistan shall comprise]

(a) the Provinces of 2[Balochistan], the 2[Khyber Pakhtunkhwa], the Punjab and
2[Sindh];
(b) the Islamabad Capital Territory, hereinafter referred to as the Federal
Capital;
(c) the Federally Administered Tribal Areas; and
(d) such States and territories as are or may be included in Pakistan, whether
by accession or otherwise.

1[(3)] Omitted.

1[(3) 3[Majlis-e-Shoora (Parliament)] may by law admit into the Federation

new States or areas on such terms and conditions as it thinks fit.]