Introduction to the Constitution of Pakistan The Constitution of Pakistan is the supreme law of the country that defines the structure of the government, the rights of citizens, and the principles of governance. It has undergone various changes since independence in 1947, influenced by Islamic ideology, historical events, and political developments 1. Defi ion and Importance of a Cons‘ Definition A Constitution is a set of fundamental laws and principles that guide the political, legal, and administrative system of a country. It defines: EJ The structure of government (Executive, Legislature, Judiciary). The rights and duties of citizens. The relationship between the federal and provincial governments. The legal framework for law-making and governance. Importance of a Constitution #® Ensures Rule of Law — Prevents dictatorship by ensuring no one is above the law. # Defines Government Structure — Specifies the roles of the Prime Minister, President, Parliament, and Judiciary. # Protects Citizens’ Rights - Guarantees fundamental rights like freedom of speech, religion, and equality @ Promotes National Unity — Establishes common laws and values for all citizens. @ Ensures Stability - Provides a legal framework for running the country peacefully. ® Example: In Pakistan, the Constitution of 1973 defines the country as an Islamic Republic and ensures that all laws align with Islamic teachings. 2. Ideological Factors That Shaped the Constitution (Objectives Resolution 1949)After independence, Pakistan needed a constitutional framework that reflected its Islamic identity and the vision of Quaid-e-Azam Muhammad Alli Jinnah. The Objectives Resolution (1949), passed by Liaquat Ali Khan, became the foundation of Pakistan's constitutional development. Key Features of the Objectives Resolution (1949) # Sovereignty Belongs to Allah — All laws must be in accordance with Islamic teachings. # Democracy, Freedom & Equality - Pakistan will have a democratic system with equal rights for all citizens, # Islam as the State Religion - The state will ensure that laws are consistent with Islamic principles. # Protection of Minorities - Non-Muslims will have religious freedom and full rights as citizens. # Independence of Judiciary - The legal system will ensure justice and fairness for all ® Impact of the Objectives Resolution Became a preamble to the Constitution of Pakistan (1973) Strengthened Islamic identity in Pakistan’s legal framework. Influenced future laws and policies, including the Hudood Ordinances and Shariat Court. 3. Overview of Constitutional Developments in Pakistan Since independence, Pakistan has had three major constitutions and several amendments that shaped the country's governance. 1st Constitution (1956) - Pakistan Becomes an Islamic Republic # Declared Pakistan as the "Islamic Republic of Pakistan" # Established parliamentary democracy. @ Equal status to East and West Pakistan. ® Islam declared the state reli ® Why It Failed? 3 Weak political leadership led to martial law (1958) by Ayub Khan. 2nd Constitution (1962) - Presidential System Introduced ® Introduced by General Ayub Khan. # Established a Presidential system instead of Parliamentary democracy. # Created a unicameral (one-house) legislature. ® Limited fundamental rights and press freedom. @ Why It Failed? % Public opposi n led to the removal of Ayub Khan in 1969. 3rd Constitution (1973) — The Current Constitution® Introduced a parliamentary system with a Prime Minister and President. &# Declared Islam as the state religion and ensured that all laws must follow Islamic principles # Fundamental Rights — Freedom of speech, religion, equality, and protection from discrimination, # Power Distribution — Defined powers between federal and provincial governments. ® Key Developments After 1973 WV 8th Amendment (1985) - Gave more power to the President (under Zia-ul-Haq). ¥ 17th Amendment (2003) ~ Strengthened the Presidency (under Musharraf). ‘¥ 18th Amendment (2010) - Restored Parliamentary Democracy and gave more autonomy to provinces.Structure of Government in Pakistan The Constitution of Pakistan (1973) establishes a parliamentary system where the executive, legislature, and judiciary function as separate but interdependent branches. This system ensures a balance of power and prevents any branch from becoming too dominant. 1. The Executive (Government) - Implementation of Laws The Executive is responsible for enforcing laws and running the country’s administration. It consists of: a) President (Head of State) * The President of Pakistan is the ceremonial head of state * Elected by both houses of Parliament and the four Provincial Assemblies * Represents national unity and performs formal functions like signing bills into law. * Appoints the Prime Minister, Governors, and Judges in consultation with relevant authorities b) Prime Minister (Head of Government) «The Prime Minister is the most powerful person in the executive branch * Elected by the National Assembly. * Responsible for running the government, making policies, and managing the cabinet. * Appoints federal ministers and advisors. c) Federal Cabinet * Consists of ministers, advisors, and special assistants. * Each minister leads a government department (e. ance, Education, Health) * Helps the Prime Minister in decision-making and policy implementation. d) Governors & Chief Ministers (Provincial Level) * Each province has a Governor (appointed by the President) and a Chief Minister (elected by the Provincial Assembly). * The Chief Minister runs the provincial government with a Provincial Cabinete) Bureaucracy (Civil Services) * Civil servants help implement government policies and laws. ioners (AC), and Police Officers (IG, SP, * Includes Deputy Commissioners (DC), Assistant Commi DsP). 2. The Legislature (Parliament) - Making Laws The Legislature (Majlis-e-Shura) is responsible for making laws, passing budgets, and overseeing the government. It has a bicameral system, meaning it consists of two houses: a) National Assembly (Lower House) * Directly elected by the people for 5 years. * Members are called MNAs (Members of the National Assembly) «Seats: 336 (including reserved seats for women & minorities). * Responsibilities: © Makes laws for the country. * Controls government policies and budget © Elects the Prime Minister. b) Senate (Upper House) * Members are indirectly elected by Provincial Assemblies. * Senators serve for 6 years, with elections for half of the seats every 3 years. * Seats: 100. © Responsibilities: * Protects provincial rights and ensures continuity of policies. * Reviews and approves laws passed by the National Assembly. ¢) Provincial Assemblies * Each province has its own Provincial Assembly. * Elected representatives (MPAs) make laws for the province. * Elects the Chief M3. The Judiciary - Interpreting and Enforcing Laws The Judiciary is responsible for interpreting laws, ensuring justice, and protecting the Constitution. It operates independently to prevent government abuse of power. a) Supreme Court (Highest Court in Pakistan) * Chief Justice of Pakistan (CJP) leads the Supreme Court. * Final authority on constitutional matters, human rights, and legal disputes. * Ensures that government actions follow the Constitution. b) High Courts (One for Each Province) * Each province has a High Court that hears appeals and constitutional cases. * Headed by a Chief Justice. c) Federal Shariat Court * Ensures that laws follow Islamic principles. * Can review any law that contradicts Islam. d) District & Session Courts (Lower Judiciary) * Handles criminal and civil cases at the district level. * Led by Session Judges, Civil Judges, and Magistrates. Separation of Powers & Checks and Balances * The Executive (Government) implements laws made by the Legislature (Parliament). © The Legislature (Parliament) holds the Executive accountable and can remove the Prime Minister through a vote of no confidence. © The Judiciary ensures that both the Executive and Legislature follow the Constitution.Distribution of Powers Between Federal and Provincial Governments in Pakistan Introduction Pakistan follows a federal system of government, where power is divided between the federal (central) government and the four provincial governments. The Constitution of Pakistan (1973) defines this distribution through Legislative Lists and other provisions. The 18th Amendment. (2010) further strengthened provincial autonomy, reducing federal control over several subjects. Key Elements of Power Distribution The Constitution of Pakistan (1973) divides powers into the following categories: 1. Federal Legislative List (Part | & II) - Powers of the Federal Government 2. Provincial Powers - Powers of the Provincial Governments 3. Subjects of Joint Authority - Managed by Both 4 Residual Powers - Left for Provinces 1. Federal Legislative List (Part I & Il) - Powers of the Federal Government The Federal Government (Central Government) has exclusive control over subjects listed in the Federal Legislative List, which is divided into two parts: Part | — Exclusive Federal Powers The following subjects are controlled solely by the federal government: Defense — Armed forces, nuclear energy, war, and peace, Foreign Affairs — Diplomatic relations, embassies, treaties. Currency and Banking - Printing of money, State Bank of Pakistan, Telecommunication ~ Internet, mobile networks, postal services @ Trade & Commerce (International & Inter-Provincial) - Export, import, tariffs, customs duties. Citizenship & Immigration - Nationality, passports, visas, refugees. Highways & Railways - National highways, federal roads, Pakistan RailwaysCivil Aviation — Airports, air transport, PIA. Nuclear Energy — Power plants, atomic research. Part Il - Joint Federal and Provincial Role (Through CCl) These subjects require cooperation between the federal and provincial governments and are managed through the Council of Common Interests (CCl): Electricity - Generation and distribution. Major Ports - Karachi, Gwadar, etc. Regulation of Industries — Factories, manufacturing policies. Mineral & Natural Resources - Oil, gas, and mines regulation. 2. Provincial Powers - Powers of the Provincial Governments Before the 18th Amendment, there was a Concurrent List, meaning both federal and provincial governments could make laws on the same subjects. After 2010, the Concurrent List was abolished, giving full control of several subjects to provincial governments. Key Provincial Powers Education — Schools, colleges, universities, syllabus (excluding HEC). Health — Hospitals, healthcare policies, medical facilities. Agriculture & Irrigation — Farming policies, irrigation systems, canals. Local Government — Municipal corporations, district governments. Law & Order ~ Police, prisons, crime prevention. Social Welfare - Labor laws, relief for the poor, women’s rights Culture & Tourism — Museums, historical sites, cultural policies. Roads & Transport — Roads, provincial transport. 3. Subjects of Joint Authority (Federal & Provincial) Some subjects require cooperation between federal and provincial governments, such as: Environmental Protection — Laws for pollution control, climate change. Disaster Management — Relief efforts, earthquake & flood responses. Drugs and Medicines — Drug regulations, medicine pricing. Water Distribution — River water sharing between provinces.4. Residual Powers — Given to Provinces Any subject not mentioned in the Constitution is automatically under provincial control. Example: Culture, Sports, Local Festivals. Impact of the 18th Amendment on Power Distribution ® More Provincial Autonomy - Provinces gained more independence in policymaking. # Better Local Decision-Making — Provinces can make laws suited to their own needs. # Challenges in Implementation - Some provinces lack resources to manage new responsibilities # Coordination Issues - Federal and provincial disputes over power-sharing still exist.18th Amendment and Its Impact on Federalism in Pakistan Introduction The 18th Amendment to the Constitution of Pakistan (1973), passed on April 8, 2010, is one of the most significant constitutional reforms in the country's history. It strengthened federalism by shifting power from the central government to the provinces, enhancing their autonomy. This amendment removed the Presidential system's influence and reinforced parliamentary democracy. Key Features of the 18th Amendment 1. Strengthening of Provincial Autonomy * Provincial powers increased by abolishing the Concurrent List, transferring 47 subjects (e.g,, education, health, environment) to the provinces * Provinces gained control over natural resources like gas, oil, and minerals. 2. Restructuring of Federalism * Strengthened Council of Common Interests (CCI) to resolve conflicts between the federal and provincial governments * Provinces gained a greater share in financial resources through the National Finance Commission (NFC) Award, 3. Strengthening of Parliamentary Democracy The Prime Minister became the most powerful executive, while the President's powers were reduced. Article 58(2)(b) (which allowed the President to dissolve the National Assembly) was removed. 4. Independent Judiciary and Election Commission The Chief Ju e's appointment became more transparent through the Judicial Commission. The Election Commission of Pakistan (ECP) was strengthened to ensure free and fair elections. 5. Renaming of Provinces* The North-West Frontier Province (NWFP) was renamed Khyber Pakhtunkhwa (KPK), reflecting its Pashtun identity. Impact of the 18th Amendment on Federalism 1. Increased Provincial Autonomy Provinces gained greater control over key sectors like education, health, and local governance. More decision-making power shifted to provincial governments. 2. Stronger Democratic System Restored true parliamentary democracy by reducing Presidential powers Strengthened provincial representation in decision-making through the Council of Common Interests (CCI). 3. Financial Decentralization Provinces received a larger share of resources under the NFC Award, boosting their economic development. They could directly manage their own resources, reducing dependency on the federal government. 4. Improved Judicial Independence Ensured a transparent process for the appointment of judges. Reduced political influence in the judiciary. 5. Strengthened Local Governance The federal government cannot interfere in provincial matters unless necessary. Encouraged better local-level governance and public service delivery, Challenges and Criticism of the 18th Amendment 1. Capacity Issues in Provinces A\ Some provinces lack administrative capacity to manage newly devolved powers effectively. 2. Center-Province ConflictsA Federal and provincial governments often face disagreements over resource distribution and policy implementation 3. Education and Health Challenges A\ Provinces have unequal development levels, leading to variations in educational and health standards across Pakistan. 4. Federal Control Over Key Sectors A\ Some argue that national-level policies (e.g., higher education, health) should remain under federal control for uniformity.Overview of Fundamental Rights Guaranteed to Citizens by the Constitution of Pakistan (Articles 8-28) Introduction The Constitution of Pakistan (1973) provides Fundamental Rights under Articles 8-28 to ensure freedom, equality, and justice for all citizens. These rights are enforceable by courts, meaning that if a right is violated, a citizen can seek justice through the judiciary Key Fundamental Rights (Articles 8-28) 1. Article 8 - Protection of Fundamental Rights * Any law that violates fundamental rights is void. * The government cannot make laws that take away these rights. 2. Article 9 - Security of Person + No person shall be deprived of life or liberty except under the law. * Protects people from illegal arrest, detention, or killings. 3. Article 10 — Safeguards Against Arrest and Detention * Aperson who is arrested must be informed of the reason. * They have the right to legal representation * Prevents illegal imprisonment 4, Article 10A - Right to Fair Trial * Guarantees that every citizen gets a fair trial in courts * No one can be punished without due legal process. 5. Article 11 — Prohibition of Slavery and Forced Labor * Slavery is completely banned. © Child labor and forced labor are prohibited.6. Article 12 —- Protection Against Retrospective Punishment * No one can be punished for an act that was not a crime when committed. 7. Article 13 - Protection Against Double Punishment and Self-Incrimina * Aperson cannot be punished twice for the same offense. * No one can be forced to confess a crime. 8. Article 14 — Dignity of Man and Privacy of Home * Every person's dignity and privacy are protected * Torture and degrading treatment are prohibited. 9. Article 15 - Freedom of Movement * Citizens have the right to move freely within Pakistan. * No one can be restricted from traveling unless by law. 10. Article 16 — Freedom of Assembly * People have the right to gather for peaceful protests * The government can ban unlawful gatherings for security reasons. 11. Article 17 —- Freedom of Association * Citizens can form political parties, unions, or organizations. * Political parties must not work against national sovereignty. 12. Article 18 — Freedom of Trade, Business, or Profession * Every citizen has the right to do any legal business or profession 13. Article 19 - Freedom of Speech and Press * Citizens can express their opinions freely. * The media has the right to publish news and opinions. * However, speech must not harm national security, morality, or religion. 14. Article 19A — Right to Information * Citizens have the right to access public information * Government records must be transparent.15. 16. 17. 18. 20. 21. 22. . Article 25 - Equality of Article 20 — Freedom of Religion Every citizen has the right to practice, preach, and propagate their religion, Article 21 - Safeguard Against Religious Taxes No person shall be forced to pay taxes for a religion they do not follow. Article 22 — Safeguards in Educational Institutions No student can be forced to study religious teachings of another faith. Article 23 & 24 — Protection of Property Rights Citizens can own, buy, and sell property freely. The government cannot take property without lawful reasons. ens All citizens are equal before the law. No discrimination based on gender, religion, or caste. Article 25A — Right to Education Free and compulsory education for children aged 5-16 years. Article 26 & 27 - Non-Discrimination in Public Places & Employment All citizens have equal access to public places (parks, hotels, shops). No one can be denied government jobs based on race, religion, or gender. Article 28 - Preservation of Language and Culture Citizens have the right to promote their language, culture, and identity.Overview of Principles of Policy (Articles 29-40) in the Constitution of Pakistan Introduction The Principles of Policy (Articles 29-40) in the Constitution of Pakistan (1973) provide guidelines for the government to create policies that promote social justice, economic equality, and national progress. These principles are not enforceable by courts, but the government is expected to follow them in governance Key Articles and Their Overview 1. Article 29 — Responsibility of Government * The government is responsible for applying the Principles of Policy in making laws. * The President and Governors must ensure policies follow these principles. 2. Article 30 —- No Legal Enforcement * The Principles of Policy are not legally enforceable in court. * However, they guide the government in decision-making So 3. Article 31 - Islamic Way of Life * The government must enable Muslims to live according to Islamic teachings. * Encourage understanding of the Quran and Sunnah. 4. Article 32 — Promotion of Local Government * The government should encourage the formation of local governments. * Special attention should be given to women’s participation in governance.5. Article 33 — Elimination of Prejudices * The state must work to eliminate racial, tribal, sectarian, and provincial prejudices. * Promote national unity and brotherhood 6. Article 34 - Equal Rights for Women * Ensure full participation of women in all aspects of national life. * Provide equal opportunities in education, employment, and politics. 7. Article 35 - Protection of Family and Marriage * The state must protect marriage, family, and children. Ensure the well-being of mothers and children. 8. Article 36 — Protection of Minorities * Minorities should have freedom to practice their religion. * The state must protect their rights and cultural identity. 9. Article 37 — Promotion of Social Justice The government should: Provide education for all, particularly free and compulsory primary education. Improve healthcare and medical facilities. Work to eliminate illiteracy and unemployment. Ensure people are not forced into unsuitable jobs due to financial difficulties. 10. Article 38 - Promotion of Economic Well-being * Prevent concentration of wealth in a few hands. * Ensure basic necessities (food, clothing, shelter, education, healthcare) for all * Promote social welfare and reduce poverty. 11. Article 39 - Strengthening Armed Forces * The government must maintain strong armed forces for national security. * Ensure the defense and sovereignty of Pakistan. 12. Article 40 — Promotion of International Peace * Strengthen relations with Muslim countries. * Support international peace and cooperation. * Oppose colonialism and oppression.Responsibilities of Pakistani Citizens (Article 5 of the Constitution of Pakistan) Introduction The Constitution of Pakistan (1973) defines the duties and responsibilities of citizens under Article 5. This article ensures that every Pakistani remains loyal to the state and follows the law. Article 5 - Loyalty and Obedience 1. Article 5(1) - Loyalty to the State “Loyalty to the State is the basic duty of every citizen. © Every citizen of Pakistan must remain faithful to the country. @ Actions against national interest, sovereignty, or security are not acceptable. @ Patriotism and working for the progress of Pakistan are expected from all citizens. 2. Article 5(2) - Obedience to the Constitution and Law “Obedience to the Constitution and law is the inviolable obligation of every citizen wherever he may be and of every other person for the time being within Pakistan." @ All citizens must follow the Constitution and laws of Pakistan. @ No one is above the law, including government officials, politicians, and common people. © Even foreigners within Pakistan's territory must respect and obey Pakistani laws. Responsibilities of Pakistani Citizens Based on Article 5, the following are the main duties of every Pakistani: 1. Loyalty and Patriotism «Respecting and protecting Pakistan’s sovereignty. * Avoiding actions that harm national security. * Contributing to the development of the country.2. Obeying Laws and the Constitution Following traffic laws, taxation rules, and public safety regulations. Respecting judicial decisions and legal processes. Avoiding illegal activities like corruption, smuggling, and terrorism. 3. Respect for National Institutions Honoring state institutions like the judiciary, military, and police. Ensuring that democratic values are upheld. 4. Upholding Justice and Equality Respecting the rights of others, including minorities and women. Avoiding discrimination based on caste, religion, or ethnicity. 5. Cont ution to Society * Paying taxes honestly to support national development. * Participating in social welfare activities like education and charity. Consequences of Violating Article 5 * Disloyalty to the state can result in punishment for treason (Article 6) * Breaking laws can lead to fines, imprisonment, or legal action. * Acts against the Constitution can be considered criminal offenses.Procedure for Amending the Constitution of Pakistan The Constitution of Pakistan (1973) provides a clear procedure for amendments under Article 238 and Article 239. Any changes to the Constitution require approval from Parliament, ensuring that no single institution can alter it arbitrarily. 1. Who Can Propose an Amendment? * Any Member of Parliament (MP) (from the National Assembly or Senate) can introduce a Constitutional Amendment Bill. © The bill must be in written form and submitted to either house of Parliament. 2. Steps in the Amendment Process Step 1: Introduction of the Amendment Bill © The bill is introduced in either the National Assembly or the Senate. * After introduction, it is sent to a parliamentary committee for review. Step 2: Approval by Both Houses of Parliament * The bill is discussed and voted on in both the National Assembly and the Senate. * Two-thirds majority of the total membership of each house is required for approval * If any house rejects the bill, the process ends there. Step 3: Presidential Assent * Once both houses pass the bill with a two-thirds majority, it is sent to the President of Pakistan for approval * The President cannot reject the amendment; they can only sign it into law,3. Special Cases: Amendments Affecting Provincial Boundaries + Ifan amendment affects provincial boundaries, it requires additional approval. * Approval from the concerned Provincial Assembly is necessary by a simple majority before the amendment can proceed 4. Can the Supreme Court Intervene? * Unlike some countries, the Supreme Court of Pakistan cannot block or review a constitutional amendment passed by Parliament. * However, it can interpret the Constitution and ensure amendments do not violate its basic structure. 5. Key Points to Remember Two-thirds majority in both houses is mandatory. President must sign but cannot reject the amendment. Provincial Assembly approval is needed for boundary changes. Supreme Court cannot strike down amendments, but it can interpret them.Notable Constitutional Amendments and Their Implications in Pakistan Introduction The Constitution of Pakistan (1973) is the supreme law of the country. Since its adoption, it has been amended multiple times to address political, legal, and social changes. Some amendments strengthened democracy, while others increased centralization of power. Below are some of the most significant amendments and their impact. 1st Amendment (1974) - Recognition of Bangladesh Key Changes: * Removed references to East Pakistan and officially recognized Bangladesh. * Amended the definition of Pakistan's territory. Implications: * Accepted the reality of Bangladesh's independence after the 1971 war. * Adjusted Pakistan's legal framework to reflect new geographical boundaries. 2nd Amendment (1974) - Declaring Ahmadis as Non- Muslims Key Changes: * Declared Ahmadis as a non-Muslim minority. * Defined a Muslim in the Constitution. Implications: * Influenced religious and sectarian policies in Pakistan. * Led to further legal and social discrimination against Ahmadis.8th Amendment (1985) - Strengthening Presidential Powers Key Changes: * Legalized actions taken by General Zia-ul-Haq during martial law. * Gave the President the power to dissolve the National Assembly (Article 58(2)(b)). Implications: * Shifted power from the Prime Minister to the President. * Made the government unstable, as Presidents could remove elected governments. 13th Amendment (1997) - Weakening Presidential Powers Key Changes: * Removed the President's power to dissolve the National Assembly. Implications: * Strengthened parliamentary democracy. * Prevented Presidents from dismissing elected governments at will 17th Amendment (2003) — Strengthe g Musharraf's Rule Key Changes: * Legalized actions taken by General Pervez Musharraf. * Allowed Musharraf to stay as President while also being the Army Chief, Implications: © Extended military rule in Pakistan. * Created controversy over civil-military relations.18th Amendment (2010) - Restoring Democracy and Provincial Autonomy Key Changes: * Removed Article 58(2)(b), taking away the President's power to dissolve the Assembly. * Gave provinces more control over resources and policymaking. * Renamed NWFP as Khyber Pakhtunkhwa. Implications: * Strengthened democracy by giving more power to the Parliament and provinces. * Reduced the centralization of power in Islamabad. * Led to challenges in managing provincial responsibilities 21st Amendment (2015) - Military Courts for Terrorism Key Changes: * Allowed the establishment of military courts for handling terrorism cases. © Was introduced after the APS (Army Public School) attack in Peshawar. Implications: * Strengthened counterterrorism measures. * Raised concerns about human rights and fair trials.