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Introduction:
Thr first constitution was introduced in Pakistan on 23 March
1956.23rd March as you know is an important day in the history of
Pakistan. You would recall that on 23 rd March 1940 The Lahore
Resolution was presented for approval in the annual session of ML
held at Lahore. So when this constitution was introduced it was
decided that it should be introduced on such a day of historical
importance. Therefore on 23rd March this constitution was introduced.
Details:
The 1956 Constitution of Pakistan had 234 articles and 6 schedules in
which the whole constitutional framework and principles for
governance and power management have been outlined.This
Constitution describes Pakistan as Islamic Republic of Pakistan that is
the official title of the Pakistani state. If we look at the provisions of
the constitution we will find that there is an impact of Govt of India
Act1935 and the 1st Interim constitution of 1947 on this
constitution. Some of the articles of the Indian Act of 1935 and the
1st Interim constitution have been incorporated in this constitution
with some adjustments and modifications here and there and in
certain cases language is very similar if not the same. So in a way
there is some continuity from the previous document to this document.
Although it is different from the previous one in most respects but
there in some continuity.
Features:
And now we will discuss the basic features of The 1956 Constitution,
so that you had an idea of what kind of constitutional system came
into being with the introduction of the Constitution. What kind of state
institutions were created, what kind of relationship
Of different state institutions with each other with the public at large,
how the power was distributed and how the power was to be
exercised.
Parliamentary System:
could sign those; he could refuse or reject those laws. If he signs then
those laws become part of the constitution.
He can return the laws for reconsideration to the NA.He has the power
to reject a law passed by the NA.and in that case the assembly can
again pass that law with or without changes. Then the options of the
president in parliamentary system is limited to say no
Prime Minister:
The real power is exercised by the prime minister who was appointed
under this system by thepresident. But there was a condition on
that the constitution provided that the president would appoint a
person as PM who in his opinion commanded the support of the
majority in the NA.So if in the NA a party has got a clear majority then
the president is bound to ask the leader of that party to form a
govt.but
if
no
party
has
no
clear
majority
then president has some discretion in inviting theleader of a party or
of a coalition to form a govt.But the overriding principle is that the
person who is appointed PM must command the majority support in
the NA. A follow up of this principle is that if the PM looses majority in
the parliament that PM cannot hold on to his office as PM.
Under the 1956 Constitution the president could remove the PM but
this power was to be exercised only if the president was sure that the
PM doesnt have the majority in the NA.
In this respect that is whether the PM has the majority support or he
has lost the support the president was to be the sole judge. If
president is convinced that for one reason or the other the PM has lost
the confidence of the NA then he could ask the PM to resign. But there
is a convention constitutional convention that he could ask the PM to
demonstrate his support on the floor of the house. But under 1956
Constitution, President was not obliged to ask him to show his
strength. He could if he convinced can remove the PM.
PM was the person who would run the govt under the 1956
Constitution with the help of a cabinet, cabinet of ministers and whole
cabinet ministers some time there are state ministers or deputy
minister so the cabinet as a whole including PM were responsible to
the NA,It mean that they were answerable to the NA,the members
could question them about their policies and in the ultimate analysis
the PM and his cabinet must enjoy the support of the majority
members and if that is not the case the NA could remove the PM and
could either sign it return it or reject it. But the Assembly has all the
legislative powers.
So for as financial powers are concerned the budget that is the income
and expenditures for the federal govt had to be passed by the NA.and
the NA had the powers o accept or reject it or reject particular request
for funds in the budget it had the power to do that with the exception
of consolidated fund list. There are certain items of expenditures for
the state of Pakistan. That cannot be changed through simple majority
that is consolidated fund list and I give you couple of examples for
example salary of the president under the 1956 Constitution was the
part of the consolidated fund list, salaries of the judges of the
Supreme court and the high court that is superior judiciary, salaries of
the members of the federal public service commission and there are
certain other you know important offices for which funding is provided
and if they want to change these there had to be a special procedure.
So with the exception of this consolidated fund list rest of the budget
could be rejected straight away if the assembly wanted. The general
tradition in the parliamentary system is if the budget is rejected by the
NA, it is consider to be a vote of no confidence in the cabinet and
consequently govt collapses. So the assembly had the financial
powers to assert its authority.
The overriding authority of the assembly was that it had the control
over the executive that is the PM and the cabinet and I have describe
that how the NA could remove the PM from the office and had the
powers to ask questions, move resolutions, adjournment motions,
criticize the govt or make suggestions or proposals for the govt.So the
govt was responsible to the NA by the Constitution of 1956.
Federal System:
The 3rd feature of the 1956 Constitution was the federal structure. This
constitution established federation in Pakistan and this federation at
that time comprised two provinces which were East andWest
Pakistan plus other areas which were under the direct control of the
federal govt.
The powers were distributed between the centre and the provinces.
Three lists of powers or subjects were given in the constitution one
which consider the federal list of conclusive items which were the
exclusive concern of the federal govt.which means that the NA can
legislate all the subjects which mentioned in the federal list.
The 2nd was the provincial list and provincial assembly could make
laws for provincial list. Third list was concurrent list which included
the items for which the NA and provincial assembly could legislate.
However if the NA had made a law it had priority over the law made by
the provincial assembly. This principle of division of subjects into
three categories was adopted from the 1 stInterim Constitution and the
Govt of India Act 1935.But the only difference was the subjects have
three lists.
Provincial Structure:
This constitution provided for a provincial structure, each province had
a provincial legislature elected directly by the people and even in the
provinces parliamentary system was introduced that is the CM would
be the head of the govt.CM is to be responsible to the provincial
assembly. The way through PM is responsible to the NA.The governor
would be appointed by the president in consultation with the PM.This
governors functions were ceremonial; the provincial executive power
was exercised by the CM not by the governor.
In this federal that Pakistan adopted centre was strong although
provincial autonomy was given to the provinces but centre was strong.
Traditionally centre in Pakistan has been strong going back to the
British period. So the tradition of the strong centre was existed
because there were certain powers with the centre that enabled it to
step in the provincial domain. For example emergency powers, if there
were a threat to political or economic stability due to internal or
external reasons let say war from outside or for certain development
within Pakistan that threaten stability of the country the federal govt
could exercise emergency powers. It means that if federal govt
exercises emergency powers the domain and the autonomy of the
provinces could be restricted.
There was another power which allowed the centre to step in the
provincial domain or in the provincial field. If for some reason there is
a constitutional breakdown in a province that the provincial govt
cannot function or central govt has come to the conclusion that
provincial govt and CM cannot function in accordance with the
constitution then president could ask the governor to take over the
administration. So sometimes this could be called as presidential rule
and the federal govt in Pakistan did exercise this power to change
you declare your intention as to the type of system you wish to create,
So preamble therefore is very important to understand the ultimate
goals. The sovereignty over the entire universe belongs to Almighty
Allah alone and then you find the texts of the OR in the preamble
where the framers tried to put together the basic notions of Islamic
polity as well as the modern state notions like the democracy and
rights.
So the sovereignty of Allah was in the preamble of the constitution of
1956 and it continued to be in the subsequent constitutions. You also
have several other provisions in the constitution which link Pakistani
political system and constitution to the principles and teachings of
Islam. The constitution says that there will be no law in Pakistan that
is in conflict with the principles and teachings of Islam and all the
existing laws were to brought in conformity with the provisions of
Islam. For this purpose a commission was to be appointed that was to
look into the existing laws and see if they are in conflict with the
existing laws and teachings of Islam. If found some conflict that law
has to be changed. So the emphasis on Islam was very clear.
So for as the issue whether any law is Islamic or not the NA had the
ultimate power to make or not to make a law. There was no supra
national assembly body to decide that ,the assembly was to make
laws and make sure that the existing laws would not violate the
teachings and principles of Islam. The other alternative was that one
could go to the superior if one finds that there is a conflict between
the Islamic laws and the ordinary laws of the state of Pakistan. This
emphasis reflected the nature of the Pakistan Movement and the
desire of the Pakistani leadership as reflected in the OR to identify
that the state of Pakistan with Islam.
Working of the Constitution:
Before I conclude let me say a few words about the working of the
constitution. This constitution was introduced on 23rd March 1956 and
functioned till 7th October 1958.OnOctober 7th the military took over
power under the leadership of the then commander in chief General
Ayub Khan who abrogated the constitution along with the then
president Iskander Mirza and assume power under martial law and this
brought an end to the 1956 Constitution. This brings an end to our
discussion about the 1956 Constitution.
INTRODUCTION
On 7th April,1972 the national assembly of Pakistan appointed a committee to prepare a draft
of the permanent constitution of Pakistan.A bill to provide a constitution was introduced by
the committee in the Assembly on February 2,1973.The Assembly passed the bill on 19th
April,1973 and at last the constitution came into force on 14th August 1973.
The present constitution (1973) provides for the protection and preservation of Islamic
Concept of life.It also attempts to propagate and implement the basic teachings of Islam.
ISLAMIC PROVISIONS OF 1973 CONSTITUTION
The following are the Islamic provisions of 1973 constitution based on the principles of Holy
Quran and Sunnah.
1.Islamic Republic of Pakistan
Pakistan shall be known as "Islamic Republic of Pakistan".
2.State Religion
Islam shall be the state religion of Pakistan.
3.Sovereignty Belongs to Allah
Sovereignty over the entire Universe belongs to Almighty Allah and the authority bestowed by
him on men is a sacred trust which the people of Pakistan will exercise with the limits
prescribed by Quran and Sunnah.
4.Definition of a Muslim
The constitution also gives the definition of a Muslim.A person who believes in Tauheed or
Oneness of Allah,and in the prophet hood of Hazrat Mohammad (P.B.U.H) as the last prophet of
Allah has described as aMuslim.
5.A Muslim to be a President and Prime Minister
The constitution laid down that only Muslims shall be elected president and Prime Minister of
Pakistan.Non non-Muslim could hold these offices.
6.Islamic way of life
Steps shall be given to enable the Muslims of Pakistan to order their lives in accordance with
the fundamental principles and basic concepts of Islam.
7.Promotion of Social Justice and Eradication of Social Evils
The State shall take necessary steps for prosecution of social justice and eradication of
social evils and shall prevent prostitution,gambling and taking of injurious
drugs,printing,publication,circulation and display of obscene literature and advertisements.
8.Teachings of Holy Quran
The state shall try to make the teachings of Holy Quran and Islamiat compulsory to encourage
and facilitate the learning of Arabic language.
9.StrengthingBond,with Muslim World
The state shall endeavour to strengthen fraternal relations among Muslim countries in order to
promote Islamic unity.
10.Council of Islamic Ideology
There is a councel of Islamic Ideology which shall guide the government in respect of Islamic
teachings,their implementation and propagation.Its chairman and members are appointed by
President.Although its advice is not binding on the government yet it is not easy for any
government to ignore or over rule its suggestion or opinion regarding any law.
11.Error Free Publication of Quran
The government shall endeavour to secure correct and exact printing and publishing of the
Holy Quran.
12.Oath to Project and Promote Islamic Ideology
The federal and Provincial Ministers,the Speaker and Deputy Speaker of the National and
Provincial Assemblies,the chairman of the Senate and the Governors and Chief Ministers of
the Provinces also take oath to preserve and protect the Islamic Ideology.
13.Ahmadi's A Non Muslim Minority
According to the second amendment of 1973 constitution,theQadiani group or the Lahori
group who call themselves "Ahmadi's " were declared as Non-Muslim minority.
CONCLUSION
The 1973 constitution enlisted the main principles of State Policy Maximum efforts were made
to improve the character of this constitution.Like other constitutions,1973 constitution of
Pakistan also provides for the protection,propagation and enforcement of Islamic Ideology.
(Author: NaureenTalha)
Publisher Oxford University Press
Pp: 220
services.
The
author
has
tried
to
prove
her
point
of
Muslim
phase
started,
in
this
phase
the
Muslims
realized
their
various
OR
Salman Faiz - I have been quiet, quiet for so long that my mind often
riots with my inner instincts on my reticence. It has been long since I
have been longing to pen down my feelings. The war inside my soul
often stifles my body and my whole being cries within. Putting my
feelings to ink might not satisfy my soul, but a part of it might feel
relieved that I have at least said something. This may begin another
war in the outer world of my being, but I have a hope that some day a
door will open accepting it.
Pakistans economy is a developing one we believe. But as there are
so many factors that are affecting growth of an economy, one being
the human resource which plays a pivotal role to build the industrial
sector of the country. We have been shackled to slavery since long.
But after independence the impact can still be felt, not physically bur
rather mentally.
In the words of Uncle Sam United we stand. One big reason the
economy of USA is the Worlds largest & soundest.
Our available human resources are misused. Probably it is because we
dont stand united. We think individually, focusing on individual
benefits & mere words. We dont pave the way to create resources.
The world here is a jungle where might is right, the one with power
wins & becomes the god. The talent is often ignored, where a talented
person has to strive to make others believe that he or she exists.
Is It not affecting the growth of our industrial sector internally? I am
Pakistan came into being before 60 year almost but still endeavoring
to develop the institution of politics in its society. The founding father
of this country, Mr. Jinnah, achieved this country democratically and
constitutionally. Unfortunately destiny did not give enough time to him
to draw the socio economic, religious and political map of newly
born state. During early 21 years of its life - 1947 to 1969 - Pakistan
was governed by civil military bureucracy under oligarchic and
authoritarian traditions. This was first chapter of dictatorship. Second
and third one were during 1979 to 1988 and 1999 to 2007 under
military dictators.
First democratic election held in 1970 and a uninanimous constitution
was passed by parliament in 1973 in which, democratic parliamentary
government system was introduced. So here started first democratic
phase (1970 1979) under the inspiring leadership of Zulfiqar Ali
Bhutto. Second and third phases of democracy were between 1988 to
1999 and 2007 to the present date. So democratic era in Pakistan is
almost 24 years. During this time, elected leaders proved themselves
as a comprehensive failure and they were and they are failed to
deliver to the public. Why democratic traditions are not developed in
Pakistan up till now? What were and what are the major causes
behind failure of democracy here? Now I will explain it.
Causes of failure of democracy in Pakistan lies in our socio - political
system. Feudalism, illiterate and apathetic people, self imposed
leaders and inherited politics are a few salient features of this system.
It's a feudal state where we are living and most of our political leaders
are just feudal lords and they and have assumed and established their
identity as political leaders. Feudalism has been leading towards the
traditions of inherited politics as well in this country. In this feudal
culture, millions of people are landless and illiterate peasants and
their social status is not more than a slave. In addition to this, such
landless peasants community is living in acute poverty. Auctoritas of
this community is not even accordance with the minimum standards
of human rights. How can such impoverished, deprived and
economically marginalized peasants community can express their will
freely in a democratic process? The essence of democracy lies in the
general will of the public. So during election, such community is
supposed to express the will of the feudal lords. May be due to their
lack of knowledge or the fear of the landlord, landless peasants do so.
In such circumstances, can we expect from landless rural peasants
that they are able to evaluate the credibility of their so called
leaders and the manifesto of political parties before voting? I don't
think so they are able to do this. Almost 70% population of Pakistan
leading life in such feudal and rural traditions. Consequently, general
election becomes a selection of a few based upon the will of a few
who are powerful and leading a privileged life. In this way, democracy
has been reduced to oligarchy and aristocracy in our country.
In our democratic set up, our elected leaders even visit their
constituencies for a for a few times as they have no any concern with
the welfare of the deprived communities. As a result, firstly they don't
want to know about community problems at grass root level and
secondly, they are unable to find out solutions of them.
So far as illiteracy is concerned, it is also a major root cause behind
the failure of democracy in Pakistan. Literacy is the very first and the
most important pre requisite for democracy. Accordingly the Census