Bs Business Analytics

Subject: Pakistan Studies

Corse Code: BAHU2013

Submitted to: Qurat-Ul-Ain Ilyas

Submitted by: Muhammad Ayan

Registration no: L1F21BSBA0041

Assignment no: 2

Department: FOMS

Program: BS Business Analytics

Section: BA3

Date: 21/11/22
Objective Resolution 1949:

 Background:
The Objectives Resolution was the first constitutional
document that proved to be the ‘foundation’ of the
constitutional developments in Pakistan. It provided parameters
and sublime principles to the legislators. It made the
constitution-making process easy task setting some particular
objectives before them that would be acceptable to the people
of Pakistan who had suffered a lot under the Hindu-dominated
majority. The Resolution was moved by Liaquat Ali Khan, the
then Prime Minister of the Islamic Republic of Pakistan, and
approved on March 12, 1949.

 Features of the Objectives Resolution 1949:

1. Sovereignty over the entire universe belongs to Almighty

Allah alone.
2. The authority which He has delegated to the state of Pakistan
through its people for being exercised within the limits
prescribed by Him is a sacred trust.
3. Constitution will be framed for sovereign, independent state
of Pakistan.
4. The state shall exercise its power through the representatives
of the people.
5. Principles of Democracy, freedom, equality, tolerance and
social justice as enunciated by Islam will be fully observed.
6. Muslims shall be enabled to organize their lives in
accordance with the teachings and requirements of Islam as set
out in the Quran and the Sunnah.
7. Minorities to have freedom to freely profess and practice
their religions and develop their cultures.
8. Provisions for safeguarding the legitimate interests of
minorities, backward and depressed classes.
 9. Pakistan shall be a Federation with autonomous units. State’s
sovereignty and territorial integrity will be protected.
10. People of Pakistan should prosper and attain their rightful
place in the comity of nations and make contribution towards
international peace and progress and happiness of
humanity.

 Objections by Non-Muslims:
The major objection by the non-Muslims was that the
government was trying to mix the religion and politics that was
against the spirit of democracy. The non-Muslims objected on
the ‘Sovereignty of Allah’ and minorities’ rights, saying it
would promote inequality in the society. They were also of
view that Shariah was not adequate for the modern time. They
feared that it would encourage the religious extremists to work
for the establishment of a ‘theocratic state.’ Importance The
Objectives Resolution is a basic and primary document of the
constitutional history of Pakistan. It is a framework that
provides mechanism to achieve goals for a better life of the
people of Pakistan. It’s important that it embraces centrality of
Islam to polity sustaining their links with the pre-independence
period. The AIML leaders were modernist Muslims not in
favour of an orthodox religious state. Therefore, they selected
the middle way abiding by the Islamic laws and the
international democratic values. The Resolution remained
‘Preamble of all the constitutions due to its importance

 Importance and Explanation:

The Resolution declared the sovereignty of God as the
distinctive political philosophy. The Western democracy gives
the notion that sovereignty lies in the people but this Resolution
is important having the concept of the sovereignty of God. It
clarified that people would utilize powers gifted by God so they
would have to work within the limits prescribed by Him. The
exercise of the powers is a sacred trust. The representatives of
the people of Pakistan will manage the affairs under the
 universal ideology of democracy, freedom, equality, tolerance,
and social justice with the spirit of an Islamic framework. The
Resolution pledged to give the due respect and rights to the
minorities, backward and depressed classes in the benign
society of Pakistan. Their rights, interests, religion and culture
were not confuted. It’s important that the Resolution promised
the federating units for due powers, autonomy and territorial
integrity.

Constitution of Pakistan 1956:

 Background:
The 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 23rd 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. After nine years of efforts,
Pakistan was successful in framing a constitution. The
Constituent Assembly adopted it on 29 February 1956, and it
was enforced on 23 March 1956, proclaiming Pakistan to be an
Islamic republic

 Features of Constitution of 1956:

1. Written Constitution:
Constitution of was a written and lengthy document. It had 234
Articles and 6 Schedules.

2. Rigid Constitution:
The Constitution of 1956 was partly rigid and Party flexible.
The method of Amendment was not difficult.
3. Objective Resolution:
Objective Resolution was included as Preamble of Constitution
of 1956.

4. Name of Country:
Constitution of 1956 declared Pakistan as Republic of Pakistan.

5. National Language:
Under constitution of 1956, Urdu and Bengali were made
national Language.

6. State Religion:
Islam was the state religion of Pakistan.

7. Islamic Provisions:
Many Islamic Provisions was introduced in constitution of
1956 and decided that no law will be made which against the
injunction of Islam.

8. Fundamental Right:
Fundamental Rights were given to the people of Pakistan
according to constitution of 1956.

9. Rights of Minorities:
Rights of minorities were provided in the constitution of
Pakistan 1956. Minorities freely perform own religion festivals.

10. Uni- cameral Legislature:

Constitution of 1956 was provided uni-cameral legislature
which was based on just national assembly.

11. Federal System:

Federal system was introduced in the country under the
constitution of 1956.

12. Parliamentary Form of Govt:

Constitution of 1956 was introduced parliamentary form of
Govt.
 13. Freedom of Judiciary:
Freedom of Judiciary was introduced in constitution of 1956. It
was decided that supreme court would interpret the
constitution.

14. Direct Election:

In the Constitution of 1956 method of direct election was
introduced.

15. Single Citizenship:

There was only single citizenship in the constitution of 1956.

16. Directive Principles of the State Policy:

The constitution laid down certain Directive principles of State
policy for the Guidance of the Government. They would serve
simply as ideals which the state should strive to achieve.

17. Lengthy Constitution:

The constitution of 1956 was a lengthy one. The reason for its
being lengthy was that the framer not only framed the
fundamental principles but administrative details were also
given.

 Causes of Failure of Parliamentary System under Constitution

of 1956:

1. Lack of leadership:
Lack of Leadership played its role in the failure of the
constitution of 1956. For Lack of Leadership, Pakistan
never found its way to development of its parliamentary
system. So, parliamentary system under first constitution of
Pakistan failed.
2. Lack of Political Training:
 There was lack of political training in the country. Many
political parties made without any political goal. Their fight
against another for gain power. So, under these
circumstances, development of parliamentary system under
this constitution failed.

3. Unicameralism:
The constitution of 1956 was introduced unicameral
legislature. Through unicameral legislature create many
problems for Pakistan and the result martial law was
imposed in country.

4. Delay in elections:
Every political party try to gain power and no one was
interested for elections. So, these circumstances, elections
were delayed and such delay caused failure of
parliamentary system under first constitution of Pakistan
1956.

Conclusion:
To conclude, it can be stated that constitution history of
Pakistan reveals that there has been political conflict
between head of state and head of government, and such
political conflict has often led the country to political
anarchy. And Constitution of Pakistan have been either
abrogated or suspended in such political anarchy. As far as
constitution of 1956 was concerned, it consisted of some
positive characteristics, but such political anarchy caused its
abrogation.

Constitution of Pakistan 1962:

 Background:
 Pakistan adopted its first constitution in 1956 which hardly
remained enforced for two and half years. President Iskandar
Mirza in a politically blatant move dismissed the government
and national assembly on 7th October 1958 by imposing
Martial Law in the country under the command of General
Ayub Khan. Twenty days after the imposition of martial law on
27th October 1958 Ayub Khan forced Iskandar Mirza to resign
and exiled him to London.After four years of his rule in the
country, Ayub Khan introduced the second constitution of
Pakistan on first March 1962.

 Features of Constitution of 1962:

1. Incorporation of Objectives Resolution:

The preamble of the 1962 constitution contained the
Objectives Resolution 1949. The objectives Resolution
contained objectives for constitution- making in Pakistan.

2. Provision of the federal system:

The constitution provided a federal form of government
with two provinces i.e., East Pakistan, West Pakistan. Like
that of the 1956 constitution, the second constitution also
provided for the One- Unit formula and parity of
representation at the center.

3. The Islamic Republic:

Like that of the 1st constitution (1956 constitution), the
1962 constitution also proclaimed Pakistan as the Islamic
Republic.

4. Presidential form of Government:

According to the 1962 constitution, it would be a
presidential form of government in Pakistan. The president
would be the head of the executive as well as the head of
the state. He would be elected by an electoral college of
80,000 basic democrats for a tenure of 5 years
5. Powers of the president:
The president enjoyed the power to issue ordinances that
would take the shapes of law.

• No court and legislature would challenge presidential

orders.

• The president could appoint and remove ministers and

provincial governors

• The president could veto any law made by the national

assembly

Only a citizen of Pakistan with an age over 35 years would

be eligible for the post of president.

6. Provision of parity of Representation at the center:

According to the constitution, the central assembly
(national assembly) would contain an equal number of
representatives both from East and West Pakistan. There
would be a total of 300 national assembly members, 150
from each unit.

7. One House Parliament:

The 1962 Constitution provided unicameral legislature/one
House Parliament at the center (the National Assembly)
with an equal number of representatives from each
province. The members for the national assembly would
come through indirect election among 80, 000 Basic
Democrats for a tenure of 5 years.

8. Provincial Legislature:
Each province would have its own legislature indirectly
elected by the Basic Democrats of the respective provinces.
The executive head of the province would be the governor
appointed by the president of the country.
 9. Advisory Council of Islamic Ideology:
The constitution provided for the setting up of an Advisory
Council of Islamic Ideology. The officials and members of
the council would be appointed by the president. The
council would recommend and the government sees
lawmaking is in accordance with Islam.

10. Provision of fundamental rights:

The constitution did not mention the fundamental rights of
the citizens initially. They were incorporated as part of the
constitution later on as a result of public protest and
agitation.

11. Amendments:
The national assembly could make any amendment to the
constitution but that was subject to the endorsement of the
president. The president could veto any amendment or
legislation made by the national assembly. However, the
constitution also provided that the national assembly could
challenge any presidential decree. In such a case, the Basic
Democrats would give a final decision.The basic
democrats, being under the control of bureaucrats could not
make any decision against the president.

12. Role of Judiciary:

According to the constitution, the role of the judiciary
would be to interpret laws and give judgments in
accordance with the constitution.

 Conclusion:
The constitution of 1962 was a one-man show. It was designed
for a single man. Apparently, it gave many rights and securities
to the people but actually it deprived the people of all kinds of
political rights and their representation in the legislation.
 Constitution of Pakistan 1973:

 Background:
The 1973 Constitution of Pakistan was prepared by the first
elected NA through a 25 members committee under the
leadership of Abdul Hafiz Pirzada of all parliamentary parties.
The constitution was approved by the Assembly on 10th April
1973 and assented to by the President on 12thApril 1973. It was
enforced on 14thAugust 1973. This constitution was the first
one, which enjoyed greater popular appraisal. It enjoyed and
still enjoys a great respect and is acknowledged as the best
constitution ever produced in Pakistan.

 Features of Constitution of 1973:

1. A Written and Lengthy Document:

Pakistan 3rd constitution of 1973 is like its previous
counterparts written in nature and character. It is one of the
lengthiest constitutions of the world, consisting of a
Preamble and 280 Articles, classified into 12 Chapters and
6 Schedules. Most of the principles of the constitutional
laws have been specified in the constitution to avoid all
possible ambiguities. Hence it is comprehensive and
comparatively more detailed than the previous ones.

2. Islamic Ideology:
The 1973 Constitution of Pakistanis strictly based on
Islamic ideology. Article-1 of the constitution declares
Pakistan to be an Islamic polity. The Muslims were advices
to implement the teachings of Quran and Sunnah in the
daily life. Islam shall be the state religion. Besides, the
Council of Islamic Ideology it has been made obligatory for
the President and Prime Minister to be Muslim.

3. Federal System:
According to Article-I of the constitution, Pakistan shall be
federal republic to be known as Islamic Republic or
 Pakistan. There are two legislative lists – the Federal List
and the Concurrent List. The central government has
exclusive right to legislate on all matters enumerated in the
Federal List. As far as the Concurrent List is concerned,
both the central and the provincial governments can make
laws on their subjects, however, in case of conflict the
central law will prevail while the other will stand invalid.
The residuary powers are vested in the provincial
governments. Although the provincial autonomy has been
ensured but the supremacy of the federal government has
been recognized in various legislative, administrative and
fiscal matters.

4. Parliamentary Form:
The 1973 constitution establishes a parliamentary form of
government. The Prime Minister and the cabinet ministers
belong to Parliament and are responsible to it for their
conduct and policies. They remain in office so long as they
enjoy the confidence of the majority members. The
Parliament can pass a vote of No-Confidence against them.
The President is the head of State and the Prime Minister is
the head of Government. The President has to act on the
advice of Prime Minister.

5. Bicameralism:
Unlike the previous practices the present political system is
characterized by bicameralism called Majlis-e-Shura
(Article-50) consisting of two Houses – the National
Assembly and the Senate. The former is the lower and
popular house chamber directly elected for a period of 5
years. Its total strength is 217 (under LFO 342) while the
Senate is the upper chamber, which represents the units. It
consists of 87 members (under LFO 100) who are indirectly
elected for a term of 6 years. Both the houses share equal
powers in respect of legislation but in certain matters the
National Assembly is more powerful especially in matters
of financial legislation.
6. Fundamental Rights:
The constitution of 1973 incorporates all the fundamental
rights that were ensured under the defunct constitution.
Neither the Parliament nor the provincial assemblies are
authorized to enact laws repugnant to these rights otherwise
the courts will declared such laws to be unconstitutional.
Some of these rights include freedom of movement,
freedom of assembly, association, profession, speech and
freedom of religion, right to property, equality before law
etc.

7. Independence of Judiciary in 1973 Constitution:

Under the Constitution of 1973 proper safeguards have
been provided to ensure independence of judiciary. Judges
of the superior courts once appointed can only be removed
on the basis of inquiry report submitted by Supreme
Judicial Council. Thus, they enjoy full security of office.
They receive huge salaries along with many other
allowances. There is single judicial hierarchy with Supreme
Court at the top and the High Court next in order.

8. Directive Principles of State Policy:

Directive Principles of State Policy lay down the basic
objectives and future plan of action of the political system.
All the government agencies take guidance from these
principles. However, their realization depends upon the
availability of resources, commitment of the decision
makers and the contemporary environment. Hence their
violation is not an offence or illegal action. Most of the
Islamic provisions of the constitution are part of the
directive principles of the state policy especially those
dealing with the enforcement of socio-economic justice

9. Rule of Law:
All citizens arc ensured equal protection of law. It is
explicitly laid down in the constitution that the executive
 has no power to deprive a citizen of his life, liberty,
property and equality etc. nor can a person be stopped from
doing certain things which one is entitled to do under law.
The courts can issue different types of order for the
protection of law.

10. Position of the President:

The President is the chief executive head of the state. He is
assisted by the Prime Minister and his cabinet ministers for
running the governmental machinery smoothly. He
represents the unity of the republic. He is chosen for a
period 5 years by members of Parliament and all the
provincial assemblies. All the executive authority is vested
in him. He appoints all the top-ranking military and civil
officials of the state. All the bills passed by Parliament must
be assented to by him. He can summon and prorogue either
house of the Parliament. He can also dissolve the National
Assembly on the advice of the Prime Minister and can issue
ordinances. He has a great say in the foreign policy of the
nation.

11. A Rigid Constitution:

The 1973 constitution of Pakistan is a rigid constitution but
it is not so rigid like that of US Constitution. Article-239
provides a very rigid procedure of amending the
constitution. A bill to amend the constitution must be
passed by both the houses of Parliament separately by 2/3rd
majority vote. After that the bill is to be submitted to the
President for his assent. If the President signs the bill, the
constitution will be amended accordingly.

 Conclusion:
It was almost four years until the 1973 Constitution was
overthrown. General Muhammad Zia-ul-Haqq, who imposed
Martial Law over the nation, still compelled its suspension. The
Eighth Amendment to the Constitution was ratified in 1985
while he was in charge of the nation during Martial Law. In
accordance with Article 52(2)b, the modification required the
president to dissolve the National Assembly. On April 1, 1997,
the Parliament ultimately decided to repeal this Article. The
legal framework order of 2002 subsequently abolished the
thirteenth Amendment, thus restoring the president's
prerogative.