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Names Roll No. Kashif Mahmood Afnan Javaid M.Usman

History and Introduction of Constitution of Islamic Republic of Pakistan 1973

History of presenting Constitution

After gaining power, Zulfikar Ali Bhutto invited the leaders of the parliamentary parties to meet him on 17 October 1972, which resulted in an agreement known as the Constitutional Accord', after an intensive discussion. As per consultations floated by PPP, the National Assembly of Pakistan appointed a committee, of 25 members, on 17 April 1972, to prepare a draft of the permenant Constitution of Pakistan. Mohammad Ali Kasuri was the elected chairman of the Committee. On 20 October 1972, the draft bill for the Constitution of Pakistan was signed by leaders of all parliamentary groups in the National Assembly. A bill to provide a constitution for the Islamic Republic of Pakistan was introduced in the Assembly on 2 February 1973.

History of Applying the Constitution of 1973

The Assembly passed the bill unanimously on 19 April 1973 and endorsed by the acting President Zulfikar Ali Bhutto on 12 April 1973. The Constitution came into effect from 14 August 1973. On the same day, Bhutto took over as the Prime Minister and Choudhary Fazal-e-Elahi as the President of Pakistan.

This constitution represented a compromise consensus on three issues:

The role of Islam. The sharing of power between the federal government and the provinces. The division of responsibilities between the president and the Prime Minister, with a greatly strengthened position for the latter.

History of Tashkent Declaration

The Tashkent Declaration of January 10, 1966 was a peace agreement between India and Pakistan. In september of 1965 before the two had engaged in the short run Indo-Pakistani War of 1965. Peace had been achieved on September 23 by the intervention of the great powers who pushed the two nations to a cease fire for fears the conflict could escalate and draw in other powers. A meeting was held in Tashkent in the USSR (now in Uzbekistan) beginning on January 4, 1966 to try to create a more permanent settlement. The Soviets, represented by Premier Kosygin moderated between Indian Prime Minister Lal Bahadur Shastri and Pakistani President Muhammad Ayub Khan.

The conference was viewed as a great success and the declaration that was released was hoped to be a framework for lasting peace. The declaration stated that Indian and Pakistani forces would pull back to their preconflict positions The nations would not interfere in each other's internal affairs Economic and diplomatic relations would be restored The two leaders would work towards building good relations between the two countries. Quickly after the signing of the agreement things began to deteriorate. The day after the declaration Indian Prime Minister Shastri died of a sudden heart attack. In Pakistan many civilians felt that they had won the war - though Pakistan had suffered more casualties and territorial losses - and were disappointed at the return to the status quo ante bellum. The agreement was criticized in India because it did not contain a no-war pact or any renunciation of guerrilla warfare in Kashmir. The two countries would again be at war in only a few years time.

Total Parts Chapters Article 12 28 280

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 Baluchistan, the North-West Frontier, the Punjab and 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) 2[Majlis-e-Shoora (Parliament)] may by law admit into the Federation new states or areas on such terms and conditions as it thinks fit.]

Article: 2 Islam to be State religion .

2. Islam to be State religion.- Islam shall be the State religion of Pakistan. Article: 2A The Objectives Resolution to form part of substantive provisions . 1[2A. The objectives Resolution to form part of substantive provisions.The principles and provisions set out in the Objectives Resolution reproduced in the Annex are hereby made substantive part of the Constitution and shall have effect accordingly.]

Article: 3 Elimination of exploitation.

3. Elimination of exploitation.

The State shall ensure the elimination of all forms of exploitation and the gradual fulfillment of the fundamental principle, from each according to his ability, to each according to his work.

Article: 4 Right of individuals to be dealt with in accordance with law, etc .

4. Right of individuals to be dealt with in accordance with law, etc.(1) To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen, wherever he may be and of every other person for the time being within Pakistan. (2) In particular (a) No action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance
with law;

(b) No person shall be prevented from or be hindered in doing that which is not prohibited by law; and (c) No person shall be compelled to do that which the law does not require him to do.

Article: 5 Loyalty to State and obedience to Constitution and law

5. Loyalty to State and obedience to Constitution and law.

(1) Loyalty to the State is the basic duty of every citizen. (2) Obedience to the Constitution and law is the 1[inviolable] obligation of every citizen wherever he may be and of every other person for the time being within Pakistan.

Article: 6 High treason

6. High treason.

(1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason. (2) Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason. (3) 1[Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.

Article: 7 Definition of the State.

7. Definition of the State.

In this Part, unless the context otherwise requires, "the State" means the Federal Government, 1[Majlis-e-Shoora (Parliament)], a Provincial Government, a Provincial Assembly, and such local or other authorities in Pakistan as are by law empowered to impose any tax or cess.

Article: 8 Laws inconsistent with or in derogation of Fundamental Rights to be void.

8. Laws inconsistent with or in derogation of Fundamental Rights to be void.Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred by this Chapter, shall, to the extent of such inconsistency, be void. The State shall not make any law which takes away or abridges the rights so conferred and any law made in contravention of this clause shall, to the extent of such contravention, be void. The provisions of this Article shall not apply to- (a) Any law relating to members of the Armed Forces, or of the Police or of such other forces as are charged with the maintenance of public order, for the purpose of ensuring the proper discharge of their duties or the maintenance of discipline among them

The constitution of Pakistan, 1973 shows, and shows very clearly, that the wishes of our forefathers who had given great sacrifices for the creation of a separate homeland for the Muslims of this region have found full expression in the constitution of this homeland. As seen above, the constitution envisions a modern, democratic and welfare Islamic state but, unfortunately, practically we have not been able to travel much in either of those directions so far. Now the need of the hour is to give full effect to that expression so that the true objective behind the creation of this state is accomplished and justified.

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