Q1. What is objective resolution ?

Objectives Resolution is one of the most important documents in the constitutional history of Pakistan. It
was passed by the first Constituent Assembly on 12th March 1949 under the leadership of Liaquat Ali
Khan. The Objectives Resolution is one of the most important and illuminating documents in the
constitutional history of Pakistan. It laid down the objectives on which the future constitution of the
country was to be based and it proved to be the foundational stone of the constitutional development in
Pakistan. The most significant thing was that it contained the basic principles of both Islamic political
system and Western Democracy. Its importance can be ascertained from the fact that it served as
preamble for the constitution of 1956, 1962 and 1973 and ultimately became the part of the
Constitution when the Eighth Amendment in the Constitution of 1973 was passed in 1985.Objective
Resolution was presented in the Constituent Assembly by Liaquat Ali Khan on March 7, 1949 and was
debated for five days by the members from both the treasury and opposition benches. The resolution
was ultimately passed on March 12. Following were the main features of the Objectives Resolution:

Objectives Resolution (1949)

Objectives Resolution is one of the most important documents in the constitutional history of Pakistan. It
was passed by the first Constituent Assembly on 12th March 1949 under the leadership of Liaquat Ali
Khan. The Objectives Resolution is one of the most important and illuminating documents in the
constitutional history of Pakistan. It laid down the objectives on which the future constitution of the
country was to be based and it proved to be the foundational stone of the constitutional development in
Pakistan. The most significant thing was that it contained the basic principles of both Islamic political
system and Western Democracy. Its importance can be ascertained from the fact that it served as
preamble for the constitution of 1956, 1962 and 1973 and ultimately became the part of the
Constitution when the Eighth Amendment in the Constitution of 1973 was passed in 1985.

Objective Resolution was presented in the Constituent Assembly by Liaquat Ali Khan on March 7, 1949
and was debated for five days by the members from both the treasury and opposition benches. The
resolution was ultimately passed on March 12. Following were the main features of the Objectives
Resolution:

1. Sovereignty of the entire Universe belongs to Allah alone

2. Authority should be delegated to the State trough its people under the rules set by Allah
3. Constitution of Pakistan should be framed by the Constituent Assembly
4. State should exercise its powers through the chosen representatives
5. Principles of democracy, freedom, equality, tolerance and social justice, as inshore by Islam
should be followed
6. Muslims shall live their lives according the teaching of Quran and Sunnah
7. Minorities can freely profess and practice their religion.
8. There should be Federal form of government with the maximum autonomy for the Units
 9. Fundamental rights including equality of status, of opportunity and before law, social, economic
and political justice, and freedom of thought, expression, belief, faith, worship and association,
subject to law and public morality should be given to all the citizens of the state.
10. It would be the duty of the state to safeguard the interests of minorities, backward and
depressed classes.
11. Independence of judiciary should be guaranteed
12. Integrity of the territory and sovereignty of the country was to be safeguarded
13. The people of Pakistan may prosper 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

Q2.what is constitution

A constitution is primarily a set of rules and principles specifying how a country should be governed, how
power is distributed and controlled, and what rights citizens possess. It is usually written down and
contained within a single document; the UK is unusual in having an uncodified constitution with many
sources.

Constitutions vary in length, the famous US Constitution of 1787 being rather short, but will typically all
contain guidance on matters such as those listed below:

Rules and guidelines for conducting elections

including when and how often elections are held, who can stand for elected office, which processes and
procedures are to be applied (including details of the electoral system), and provisions for the oversight
of elections.

The relationship between the key institutions, or branches, of government:

The executive, the legislature and the judiciary. It is usual to set out precisely what powers are held by
the different branches, and how individuals within them, including the chief executive, can be checked or
removed.

The location of sovereignty

(ultimate political authority) within a political system. In the case of the USA, sovereignty lies with the
people (‘We the People…’) and in the UK sovereignty, by convention, rests with Parliament.

Ways in which a constitution can be amended:

a constitution must contain a clear statement of the processes by which it can be changed. Some
‘originalists’, such as the late Supreme Court Justice Antonin Scalia, believe constitutions should be
beyond reproach but most political actors and commentators view them as ‘living’ documents. That is, it
should be possible to adapt and change a constitution so that it better matches the values and principles
of the time, and so that problems and challenges not envisaged at the time of the constitution’s
founding can be addressed within the bounds of the system. An unmodified constitution makes no
distinction between ‘higher’ constitutional and other law, therefore amendment is easily attained via a
parliamentary majority and no special arrangements are necessary.

A statement of the rights of citizens against the state and how redress might be gained.

The opening 10 Amendments to the US Constitution are known as the ‘Bill of Rights’ and guarantee
freedoms such as the right to a fair trial and ‘due process of law’, free speech, freedom of religion and,
notoriously in the case of the 2nd Amendment, ‘the right of the people to keep and bear Arms’, a staple
of presidential election campaigns. The situation is more complicated in the UK but recent statute law
such as the Human Rights Act (1998) and the Freedom of Information Act (2000) serve a similar purpose,
as does common law and convention, albeit these protections are not entrenched and the lack of
codification also explains some confusion as to where the rights of citizens lie.

The overall type of government.

The American constitution specifies that it will be both a democratic and a federal system, with
federalism and the separation of powers enshrined in the 10th Amendment: ‘The powers not delegated
to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States
respectively, or to the people.’ This provides the moral and legal force behind States’ Rights.

Q3 : provincial autonomy after 18th amendment

Pakistan’s parliament has passed the 18th Amendment’s that, among other changes, gives
the provincial governments greater autonomy under the constitution by abolishing the
concurrent list and other related provisions. The full impact of the amendment’s many
changes has yet to be fully analyzed and deliberated by key stakeholders.

The 18th amendment eliminates the “Concurrent List,” i.e. the enumeration of areas where
both federal and provincial governments may legislate but federal law prevails. Laws
governing marriage, contracts, firearms possession, labor, educational curriculums,
environmental pollution, bankruptcy, and in 40 other diverse areas the provinces would
have exclusive jurisdiction and each provincial assembly will be responsible for drafting its
own laws on the issues. The 18th constitutional Amendment potentially impacts the
mandate of several Federal Ministries and by implication increases the roles and
responsibilities of the related institutions and administrative structures at the provincial
level.

Another important but under-reported change now specifies that future National Finance
Commission agreements—which set the distribution of national revenues between the
central government and the provinces—cannot reduce the provinces’ share beyond that
given in the previous agreement (Article 160). Provincial governments also now have
greater authority to raise domestic and international loans and give guarantees on the
security of Provincial Consolidated Fund. (Source: United Nations Development Programme)
Q4> ISLAMIC PROVISIONS of Constitution of 1973

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 commit... See More
ISLAMIC PROVISIONS of Constitution of 1973

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.Strengthing Bond,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,the Qadiani 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

Long questions

Q1.
 Constitution Of 1956
Outline:

• Background
• Salient Features Of Constitution Of 1956
i) Preamble
ii) Written Constitution
iii) Semi-rigid Constitution
iv) Federal System
v) Unicameral Legislature
vi) Parliamentary System
vii) Independent Judiciary
viii) Basic Rights
ix) National Language
x) Islamic Provisions Of The Constitution Of 1956
• Critical Analysis/Drawbacks Of The constitution
• Causes Of The Failure Of The Constitution

Background:

Chaudary Mohammad Ali was a sincere politician and an experienced parliamentarian. He

took personal interests in the constitution-making process. He presented the draft of the
first Constitution of Pakistan in the second assembly. It was approved by the assembly on
29th February, 1956. Then this draft was sent to the Governor-General Major-General
Iskander Mirza who ratified it on 2nd March, 1956. Thus, the first constitution of Pakistan
was formed nine years after the independence of the nation. Finally, the first constitution
was enforced on 23rd March, 1956 and Pakistan was declared as Republic.

Salient Features Of The Constitution Of 1956:

i) Preamble:

Objective Resolution was made a part of the constitution of 1956 which declared that the all
sovereignty belonged to Allah.

ii) Written Constitution

The Constitution of 1956 was a written document. It consisted of 234 Articles, 3 Parts and 6
Schedules.

iii) Semi-rigid Constitution:

It was a semi-rigid constitution. Unlike the constitution of USA, it was not very difficult to
make amendment to it; only one-third majority of the assembly could make an amendment
to it.

iv) Federal System:

The Constitution of 1956 provided a federal system in the country which consisted of the
following institutions:
a) The President
b) The Government
c) The Parliament

a) President:

According to the constitution of 1956, President was the head of the State. He was a Muslim
who was elected by the National Assembly and all the four provincial assemblies by a
majority vote for a period of five years. He enjoyed the following powers:

• He could nominate the Prime Minister.

• He could appoint the provincial governors, judges of Supreme and High Courts, Auditor
General and Advocate General.
• He could call a session of the National Assembly and was authorized to dissolve it.
• He was authorized to promulgate ordinance during the period when the National Assembly
was not in session.
• H was authorized to reduce or condone the punishment given by the Courts.
• He could declare emergency in the country.

b) Federal Government:

Federal Government comprised the President, the Prime Minister, the National Assembly,
and the Federal Cabinet. The Chiefs Of Army, Navy and Air Force and the Supreme Court.
The federation of Pakistan comprised four provinces, federal and tribal areas. There were
three lists of subjects viz, the federal list, the provincial list and the concurrent list.

c) The Parliament:

The constitution of 1956 provided a unicameral legislature called the National Assembly
which consisted of 300 members. Out of these, 150 members were elected from East
Pakistan and 150 from West Pakistan. It enjoyed full authority over the federal list of
subjects. It was compulsory to call two sessions of the assembly in a year one to be held in
Decca while the other was to be convened in Karachi.

v) Independence Of Judiciary:

the constitution of 1956 established an independent judiciary which consisted of the

following Courts:

a) The Supreme Court

b) The High Courts (One each in East and West Pakistan)
c) The Lower Courts.

The Supreme Court was the highest court of the country. It not only heard appeals from the
Lower Courts but also interpreted the Constitution at the request of Federal or the Provincial
authorities. Similarly, two High Courts were established in Decca and Karachi. Judges of
these courts were appointed by the President of Pakistan.

vi) Basic Rights:

The Constitution of 1956 provided the following Basic Rights to Its people irrespective of
religion, caste or creeds.
a) Safeguard against arrest and detention
b) Security to person and property
c) Safeguard against forced labour
d) Freedom of movement
e) Freedom of speech
f) Freedom of assembly
g) Freedom of association
h) Freedom to hold property
i) Freedom to profess religion
j) Freedom to earn livelihood

vii) National Language:

Both Urdu and Bengali were grated the status of national languages. However, it was
decided that English would be the official language for 25 years.

viii) Islamic Provision Of The Constitution:

The Constitution of 1956 included the following Islamic Provisions:

a) According to the Constitution of 1956, the country was named as “Islamic Republic Of
Pakistan.”
b) The Objective Resolution was made a part of it which declared that Sovereignty of the
universe belonged to Almighty Allah.
c) According to Article 32, the President of Pakistan would be a Muslim and of 40 years of
age.
d) Article 18, provided that the all citizens would be free to profess and practice their
religion.
e) The constitution put a ban on liquor, gambling and prostitution.
f) According to Article 198, no un-Islamic law would be enacted in Pakistan.
g) The constitution provided for brotherly relations with Muslim countries.
h) The constitution included a provision for the establishment of an Islamic Research
Institute.
i) It also provided for setting up an Islamic Advisory Council.

Critical Analysis/Drawbacks Of The Constitution Of 1956:

The Constitution of 1956 was a great achievement but it was also criticized for its some
flaws. We can pinpoint some of them as following:

i) Absence Of Islamic Provisions:

No provisions were made to make Islam as a state religion.

ii) Head Of A State:

In the absence of the President, the speaker of the National assembly might be acting
president and a speaker might be a non-Muslim. In other words, Head of the state could be
a non-Muslim.

iii) Authority Delegated To The People:

According to the Constitution, the authority was delegated to the people of Pakistan and the
people of Pakistan could be Muslims and non-Muslims.
iv) Interpretation Of Quran And Sunnah:

Interpretation of the Quran and Sunnah was referred to the legislature rather than
theologians. Hussain Shaheed Suharwardi said,” you are deluding the people by calling it an
Islamic State.”

v) Response Of East Pakistan:

The people of East Pakistan were not happy with this constitution because they were
demanding their share in the government according to their population because their
population was more than that of West Pakistan. Moreover, they were demanding to declare
the religion of the State as Islam. But the rulers of the day were not inclined to do. General
Iskander Mirza said, “We cannot run wild on Islam.” So these controversies gave rise
political and constitutional problems in the country and ultimately paved the way for military
intervention.

Causes Of Failure Of The Constitution:

The Constitution of 1956 was abrogated in 1958. The causes of its failure were as under:

a) The multi-party system was one of the main causes of its failure.

b) General elections were not held up to 1956. Consequently, the parliamentary system did
not strike roots in country.

c) The politicians were insincere and preferred their personal interests over national
interests.

d) The eleven-year period from 1947 to 1958 was a period of political instability which
witnessed the rise and fall of nine prime ministers. These circumstances were not conducive
to democracy which was a hallmark of the constitution of 1956.

e) The constitution was modelled on the One Unit of West Pakistan.

Opponents of the One Unit created hatred against the Constitution.

f) Irresponsible and unpatriotic acts of Ghulam Mohammad destabilized the democratic

process. He did not hesitate to dissolve the First Constituent Assembly. Similarly, the
Federal Court was pressurized to give verdict against the Sindh High Court which was a
mockery of democracy. Later on, Iskander mirza promoted the palace intrigues which led to
frequent rise and fall of ministries.

g) In the early fifties, the political, geographical, military and administrative problems of
Pakistan brought economic depression in the country. These circumstances led to
unemployment, bribery, hoarding and dearness. The politicians exploited the situation at
the cost of democratic values. Thus, people lost faith in the constitution of 1956.

h) At the time of Independence, Pakistan did not inherit any constitutional traditions
because it had yet to frame its own constitution which suited its particular Islamic and
democratic requirements. As an interim arrangement, the government Of India Act, 1935
was enforced with certain amendments. Subsequently, the First Constituent Assembly took
nine years to give to the country its first constitution in 1956. The selfish politicians did not
miss any opportunity to damage the image of democracy. The ministries continued to fall
like nine pins even after the enforcement of the constitution of 1956. These circumstances
convinced the military regimes that the Constitution of 1956 was incapable of meeting the
challenges of the day.

Q2. comparison b/w parliamentary and presidential system

A nation’s type of government indicates how its executive, legislative and judicial levels are
organized. There are various constitutional structures of national government throughout the
world. The most popular models are the presidential system and the parliamentary system. Both
systems are democracies, meaning that citizens have the power to make governmental decisions
through their vote. It is critical for citizens to understand the differences between these two
systems of government so that they understand the full potential of their votes, as well as their
representation. To better understand the parliamentary system versus the presidential system, it’s
important to examine how these systems operate within each branch of government.

The Executive Branch

Presidential systems have an executive branch that consists solely of the president. The president
is an individual elected by citizens to be head of government and state for a maximum of
two terms in office. The President is independent of the legislative branch. Some common
responsibilities of the president are to:
 execute and enforce laws of Congress,
 sign the legislation into law,
 veto bills enacted by Congress and
 conduct diplomacy with foreign nations.
In contrast, parliamentary systems have a clear distinction between the head of government and
head of state. In this system, the head of government and parliament is the Prime Minister.
Rather than participating in a general election, Parliament elects the Prime Minister. Citizens
elect the members of Parliament. Additionally, Parliament makes up the legislative branch of
government.
The Prime Minister typically has no limit to the time they can stay in office. However, this
means that they are dependent on the satisfaction of Parliament, which has the power to remove
the Prime Minister from power. This can be accomplished through a no-confidence vote.

Meanwhile, within a parliamentary system, the head of state may be an elected president. But,
the head of state is also commonly a hereditary monarch and acts as a figurehead for the nation.

The Legislative Branch

The legislative branch of the parliamentary system versus the presidential system may either be
unicameral or bicameral. Unicameral contains one house, whereas two houses make up a
bicameral system. A bicameral legislative system consists of a lower house and upper house. The
lower house is where most law-making occurs. Many governments opt for a two-house
legislative branch to avoid the concentration of power in one body and ensure the federal
government is held accountable.

In presidential systems, the legislative branch will write law for a president to ultimately
approve. Though the president may suggest laws, it is ultimately the legislative branch that will
write them. In contrast, a Prime Minister will write laws along with the legislature and pass
them.

The Judicial Branch

Judicial systems across parliamentary system versus the presidential system have a similar
structure. Their structures are similar in that they both strive to create a separation of powers
between the judiciary branch and other branches of government. However, the exact structure of
these systems varies widely across various countries.

Is One Better Than The Other?

Both forms of government are organized in such a way that they both have various strengths.
Due to the vote of no-confidence, it is easy to end the term of a Prime Minister within a
parliamentary system. Meanwhile, it is much harder to impeach a president. However, Prime
Ministers are dependent on the legislature. In contrast, presidents are completely independent of
their legislative branches. They are able to make decisions that they believe are best in the
nation’s interest without the influence of outside parties.

Despite all the differences between the parliamentary system versus the presidential system, it is
ultimately the members of a nation who hold power. By voting, citizens can express their voice
and effect change in their respective countries, no matter their system of government.