Thursday, 7 July 2016

"CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN  (1956)"


1. Why Constitution Is Required?

Constitution is a basic law of a state.The Constitution set rules for its people to obey and to avoid criminal acts in a state.Every one is aware of the fact that no state can be run without a constitution. Constitution sets rules among for government and people.


2. Constitution Making In Pakistan:

Pakistan came into existence on 14 Aug,1947.Pakistan needed a constitution under which its government and its people can act accordingly.At the time of partition Government Act of India 1935 was the constitutional law.The same law was adopted with major modifications but these arrangements were temporary.Quaid-e-azam was not the Governor general but also first elected president of constitutional assembly of Pakistan.He declared that:
"The constitution of Pakistan is yet to be framed by the Pakistan Constituent assembly.I do not know what ultimate shape is going to be,but I am sure that it will be of a democratic type, on the basis of Islamic principles."
Quaid-e-Azam  did not live long to see his dreams come true and died in September 1948.


3. The Objective Resolution:


In March 1949, Liaquat Ali Khan presented Objective Resolution which was adopted on 12 March 1949.
It was composed of nine points.

  • The resolution opens with the name of "ALLAH".
  • It stated that Sovereignty belongs to Allah Almighty alone.
  • Pakistan should be a federation.
  • Fundamental rights be guranteed.
  • Minorities shall be free to live as per they want.
  • Muslims shall be free and enabled to live their lives according to Islam And Sun'nah.
  • Power should be exercised by the elected members.
  • Judiciary should be independent.
  • Islamic principles like democracy,freedom,tolerance and social justice will be observed.

4. Constitutional Development:


After the adaption of Objective Resolution the Assembly formed a committee to form further basic principles of first constitution.After taking the charge of Prime Minster,Ch.Muhammad Ali with his team worked day and night to set first constitution.It was enforced on 23 March,1956.After the constitution Pakistan status was changed to Islamic Republic of Pakistan.The most important features of it are:
  • For the first time Pakistan was proclaimed an Islamic Republic.
  • The constitution was free to adopt new governing rules.
  • It contained certain Directive Principles Of state policy but these principles did not have force of law.
  • The constitution provided guarantees of  fundamental rights of all the citizens.
  • It sets a federal system of Government consisted of a government at center and two provincial governments,one of east and second west Pakistan.
  • The federal Government was made high enough strong.
  • British Parliamentary system was set with certain changes.Prime Minster was the real authority elected by National assembly. Chief Minster to be selected in the provinces by the respective provincial Assemblies.
  • A uni-cameral legislature was established instead of Bi-carmel.
  • The constitution was Republic in status.The head of the state,President to be elected  by the National and two provincial Assemblies.
  • All citizens of Pakistan having the age of 21 were able to vote.This is named as  universal adult franchise.


Islamic Provisions:

Only a Muslim could be elected as a president  All the laws of Pakistan shall be according to be Islam and Sun'nah.Teaching of Islam (zakat,auqaf,masjaid ...etc) shall be properly organized.The state should be able to stop criminal acts like gambling,use of drugs etc... A commission will be set up to implement all laws in conformity with Islam within 5 years.

5. Causes of its Failure :

  • lack of leadership.
  • lack of political training.
  • uni-camerlism
  • delay in elections
  • Non existence of economic equality.
  • lack of parliamentary system
  • role of president.
  • lack of education
  • one unit

Some Important Details:

  • one-unit:

All the provinces of west Pakistan was joined together and made into one-unit.This led to a big failure.

  • Uni-cameral:


Uni cameral is having one legislative or parliamentary chamber or one house.

  • Bi-Cameral:

Bi cameral is having upper house and lower house,thus two legislative chambers.

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