Abdullah Jan, BS Pakistan Studies 3rd Batch 2017-2023

Abdullah Jan 12/1/23 [Course title]

 Abdullah Jan
Bs Pakistan Studies
Batch 3rd (2019-2023)

Chapter 1
Introduction to the Ideology of Pakistan

Ideology and its Importance

I really mean such an aim according to which human beings planned about their future.

Or

The collective thinking of the people of the nation for a particular aim is known as ideology.

Importance of ideology

Sense of Belonging

Ideologies offer a shared set of beliefs and values, creating a sense of belonging to a
community, tribe, or movement. This can provide individuals with a sense of
purpose, identity, and solidarity.

Unity Among People

A shared ideology can act as a unifying force, binding individuals together and fostering
cooperation within a society. This can contribute to social harmony, stability, and collective action
towards common goals.

Evolution and Adaptation

Ideologies are not static. They evolve over time in response to changing social, political, and
economic circumstances. Recognizing this dynamism is crucial to fully grasping their influence.

Conflict and Change

Ideological differences often lead to conflicts, revolutions, or social movements seeking change.
Historical events are often driven by clashes between opposing ideologies, as different groups or
nations seek to assert their beliefs or challenge existing systems to achieve ideological goals.

Provides Directions
 Abdullah Jan
Bs Pakistan Studies
Batch 3rd (2019-2023)
Ideologies influence the way we view the world and our place in it, and inform our attitudes,
decisions, and actions. They can provide direction for individuals and societies, especially in times
of upheaval or crisis.

Policy Formation and Decision Making

Ideologies guide policy formulation in various domains, including economics, education,

healthcare, and social welfare. They influence government priorities and decisions, as
policymakers often align policies with the core beliefs and principles of the prevailing ideology.

Contribution of Women and Students in

Freedom Movement
Students emerged as a potent force in the freedom struggle against British rule in the Sub-continent
(present-day India, Pakistan, and Bangladesh). Their contributions, encompassing diverse forms
of activism, significantly impacted the movement's trajectory and eventual success

1 Contribution of Students

A Role of the Students of Aligarh

From 1920-1930

Role in Non Cooperation Movement

The arrival of Mahatma Gandhi and his emphasis on non-violent resistance significantly
influenced AMU (Aligarh Muslim University) students. They actively participated in
boycotts, strikes, and civil disobedience campaigns, defying colonial authority and mobilizing
local communities.

Emergence of Leadership in Students

Charismatic figures like Maulana Hasrat Mohani and Jauhar brothers emerged, galvanizing
student activism and leading important protests. Their fiery speeches and unwavering commitment
to the cause further energized the movement.

From 1930-1940s

Indulging into Politics

 Abdullah Jan
Bs Pakistan Studies
Batch 3rd (2019-2023)
Many AMU graduates became prominent figures in the Muslim League, playing crucial roles in
articulating demands for separate electorates and eventually advocating for the creation of
Pakistan. Leaders like Muhammad Ali Jinnah found significant support among AMU students

Still the students of this institution plays a vital role in the freedom movement.

B Role of the students of Deoband

In Khilifat Movement 1919-1924

Protests Against British

The Khilafat Movement, aimed at protecting the Ottoman Caliphate, galvanised Deobandi
students. They saw the weakening of the Caliphate as a threat to Islam and joined protests
alongside the Indian National Congress.

Emergence of Nationalist Leaders

Charismatic figures like Maulana Mahmood Hasan Deobandi emerged as leaders, mobilizing
students and issuing fatwas (religious rulings) supporting the Khilafat cause and Indian
independence. This period saw a surge in Deobandi participation in anti-colonial activities.

From 1924-1947

Influence of the Muslim League

Deobandi graduates like Maulana Shabir Ahmad Usmani and Mufti Muhammad Shafi played key
roles in the Muslim League, advocating for the creation of a separate Muslim state. Their influence
further shaped the political trajectory of some Deobandi students.
Changing of Views

There were different views of the students of the Deoband. Majority of them were in the favor of
united India, it means that the majority of them were against the creation of Pakistan while some
of them were in the support of Pakistan

C Role of the Students of Islamia College Peshawar

Boycotts and Strikes

Islamia College Peshawar students were at the forefront of non-violent resistance, actively
participating in boycotts of British goods and educational institutions. These acts of defiance
disrupted colonial operations and highlighted widespread public dissent.

Strengthening Unity
 Abdullah Jan
Bs Pakistan Studies
Batch 3rd (2019-2023)
Recognizing the importance of rural support, Islamia College students organized village visits and
awareness campaigns, bridging the gap between urban and rural communities. This helped unify
diverse populations under the banner of a shared struggle for freedom.

Instead of that the students of the Islamia college also plays a crucial role in Pakistan Movement
also.

2 Contribution of Women

The history of the freedom movement in the subcontinent would be incomplete without
acknowledging the immense contributions of women. Here are some women enlisted who played
a vital role in the freedom movement.

A Sarojini Naidu

Sarojini Naidu, affectionately known as the "Nightingale of India," was a multifaceted figure who
played a significant role in the Indian independence movement. Her contributions went beyond
the realm of politics, encompassing poetry, women's empowerment, and fostering communal
harmony

 Naidu speeches and poems torched the flames of unity and patriotism acroos the Sub
continent.

 Naidu recognized the importance of women's participation in the freedom struggle and
vehemently advocated for their empowerment.
 She through her works wants to form the unity among Muslims and Hindus for the Cause
of the Independence.

 She actively participated in discussions and strategies shaping the course of the freedom
struggle, contributing valuable insights and perspectives.
In 1925 she became the first women to be elected as the president of the congress.

B Kamaladevi Chattopadhyay

She is well known for her role played in the freedom movement. Her role in the freedom movement
is discussed as under.

Participation in Non-Cooperation Movement

Even before India's independence struggle gained momentum, Chattopadhyay joined the Non-
Cooperation Movement in 1923, actively participating in boycotts and strikes.

Encourage Women to Participate in Freedom Movement

 Abdullah Jan
Bs Pakistan Studies
Batch 3rd (2019-2023)
She played a crucial role in involving women in the movement, establishing the Seva Dal women's
section and training them in non-violent resistance methods. This paved the way for greater female
participation in the struggle.

Education and Development

She championed the cause of education for women and rural communities, believing it was
essential for national progress. Her efforts contributed to establishing educational institutions and
promoting literacy programs across Subcontinent.
C Vijay Lakshmi Pandit

Vijay Lakshmi Pandit played a diverse and crucial role in the Indian freedom movement, extending
beyond just her involvement in the struggle for independence. Here's a comprehensive look at her
multifaceted contributions

Resistance in Early Life

Inspired by Gandhi's principles, Pandit actively participated in civil disobedience

campaigns, facing imprisonment three times for defying British laws.

Mobilizing Public

Her powerful speeches and charismatic personality fueled the flames of patriotism and
resistance, inspiring countless to join the movement.

Support Beyond Borders

She actively sought international support for Sub Continent independence, engaging with foreign
leaders and diplomats, and highlighting the struggle on the global stage.

Contributions in the freedom Movement

1 Contribution Of Jinnah

Jinnah was born on 25th December 1876 in a prominent family in Karachi. He got his early
education from Sin Madras, Atul Islam and Christian Mission School. Jinnah joined the Lincolns
in in 1893 to begin the youngest Indian to be called to the bar. After returning to India, Jena
formally entered into the Platform of politics in 1906 by joining Indian National Congress. Later
on, due to some reasons, Jenna left Congress and joined Muslim League in the year 1913.
 Abdullah Jan
Bs Pakistan Studies
Batch 3rd (2019-2023)
Role in Freedom Movement

Advocate for Hindu-Muslim Unity

Jinnah initially was a key figure within the Indian National Congress. He actively campaigned for
Hindu-Muslim unity and played a crucial role in the Lucknow Pact of 1916, promoting cooperation
and shared goals for self-governance.

Dissatisfaction from Congress

Things got rocky between Hindus and Muslims in India. Jinnah, who was in a big party called
Congress, got upset. He felt like Congress was mostly Hindus and didn't listen to Muslims'
concerns. He wanted to protect Muslims' rights thus he left congress and joined Muslim League.
Jinnah Fourteen Points

In response to Nehru Report Jinnah presented his "Fourteen Points," outlining specific
constitutional safeguards for Muslims within a united India. These included separate electorates,
weightage in legislatures based on population, and protection of Muslim cultural and educational
rights. Though considered moderate at the time, it marked a shift towards greater Muslim
autonomy within a unified India.

Lahore Resolution (1940)

Marking a significant turning point, Jinnah formally articulated the demand for a separate Muslim
homeland in the Lahore Resolution of 1940. This document, adopted by the All-India Muslim
League, laid the groundwork for the creation of Pakistan and signaled a shift from demanding
safeguards within a unified India to seeking complete political separation.

Negotiations and Partition

Jinnah played a pivotal role in the complex negotiations with the British and the Congress that
ultimately led to the partition of India in 1947. His political acumen and negotiation skills were
instrumental in securing the creation of Pakistan as an independent Muslim state.

2 Allama Iqbal

Allama Iqbal was born in 1877 in Seattle court in a respectable family of Kashmiri descent. His
father was a businessman and his mother was a religious women. At young age, Iqbal received
traditional Islamic education from Masjid, learning Arabic and the Quran. He later attended the
Scott Mission College in Seattle court, excelling in language, philosophy and literature.

Role in Freedom Movement

 Abdullah Jan
Bs Pakistan Studies
Batch 3rd (2019-2023)
Travel to London 1905

Akbar travels to Europe and encounters Western thoughts and ideas of nationalism. The experience
shapes his later views on Self-determination and Muslim identity.

Publications

He published his first major poetry collection Bangara and Bali Jibri, which infuse Islamic theme
which calls for Self resilience and empowerment.

Forming of Iqbal’s vision 1920-1930

Focus Towards Politics

Arby’s writing shift towards a more political focus, advocating for the right of autonomy of
Muslim within British India. He criticizes Hindu nationalism and emphasizes the need for a
separate Muslim identity.

Allahabad address

In 1930, Akbar delivers his famous Allahabad address where he proposes the concept of a Muslim
India within a larger Indian Federation. This address is considered a turning point in the Muslim
League shift towards the demand for a separate homeland or Muslim state.

Letter to Jinnah

In the year 1937, Akbar lied rides Alerted to Muhammad Arijana, he wants to further solidify his
support for the idea of Pakistan and Urging Jinnah to lead the movement.

Impact of Iqbal on Pakistan movement

 Allama Iqbal passed away in 1938, leaving behind a vast literary and philosophical legacies
that continues to inspire Muslim acroos the world.
 In 1947, the Muslim League, under the supervision of Muhammad Ali Jinnah, achieves the
creation of Pakistan. The idea of Allama Akbar was widely recognized as having played a
crucial role in shaping the movement and provide its ideological foundation.

3 Sardar Abdur rab Nishtar

Sardar Abdur Rab Nishtar was born on 13 June 1899. He was a Pakistani independence activist
and politician from the Northwest Frontier Province. He came from the prominent religious family
of Peshawar. His father, Sardar Nishtar Mohammad Khan, was a renowned religious scholar and
landowner.

Early education.
 Abdullah Jan
Bs Pakistan Studies
Batch 3rd (2019-2023)
Sardar Abdul Rajneesh received his early education in a traditional Maktab, where he studied
Islamic teaching and Arabic. Later he went to attend Islamia College Bishop or where he excelled
in. He studied and gained a strong foundation in Urdu and English literature. He then completed
his BA from the Muslim Aligarh University in 1924 in subjects of History and Political Science.

Role in Freedom Movement

Role in Khilifat Movement

In the 1920s, Sardar Abdur Rab Nishtar was influenced by Khilifat Movement. He actually
participated in protest against the British. Sardar also participated in the Non Cooperation
Movement which was led by Mahatma Gandhi in the year 1920.

Joining Congress

In the year 1920, Sardar Abdur Ratnesh then became a member of the Indian National Congress.
Indian National Congress was the largest political party in India. From that party, Sardar starting
advocating independence.

Resignation from Congress

However, in 1931, due to ideological differences with Congress, particularly in the stance on
Hindu Muslim unity. He resigned from the India largest political party Congress.

Joining Muslim League

Following his recognition from the Indian National Congress, Sardar Abdul Ratnesh Sir joined
Ball India Muslim League and start advocating for the rights and interests of Muslims in India.

Work with Muhammad Ali Jinnah

In the early 1940s, Sardar Abdur Rab Nishtar became the close confidant of Muhammad Ali
Jinnah. Both of them were the Muslim League leaders who combined in the campaign the idea of
separate Muslim homeland in Indo Pak Sub-continent

Role in Election Campaign

In the elections of 194647, Sardar Abdul Rab nishtar played a crucial role in the Muslim League
election campaign. He also actively campaigned for the creation of Pakistan in the Muslim
majority provinces of northeastern and northwestern Indo Pak Sub-continent.

4 Sahib Zada Abdul Kayum Khan.

Sahibzada Abdul Kayum Khan was born on 12 th December 1863 into a well known religious
family of Swabi Topi. His paternal family traces to the lineage of Lodi dynasty.
 Abdullah Jan
Bs Pakistan Studies
Batch 3rd (2019-2023)
Early education

Initially, he learned Arabic and Islamic studies at home, reflecting his family background. Later
on, he studied at the Municipal Board Middle School and then Edwards Mission High School. He
possessed A remarkable ability for languages, mastering both English and Urdu alongside his
traditional studies.

Role In Freedom Movement

Representation in NWFP Legislative Assembly

In 1908, he actually perceived Muslim representation in the NWFP Legislative Assembly. There
he advocated for the rights of Muslim population of the region.

Islamia College, Peshawar

In the year 1913, he established the Islamia College, Peshawar as a major educational centre. The
Islamic College Peshawar promote modern education while nurturing Islamic values. This
institution fostered political awareness among the Muslims. Later on, the students of this
institutions also played a vital role in freedom movement.

Joining of Muslim League

Then Sertar Abdul Kayum Khan joined Muslim League, emerging as a prominent leader in the
Northwest Frontier Province. He complained the two nation theory and campaigned for Muslim
self-determination.

Legislative Council

In year 1932, the first NWFP Legislative Council was established and Abdulkarim was appointed
the first and only minister of transferred departments.

Chief Minister

According to the Government of Indian Act, 1935, the NWFP status was upgraded to a governor’s
province. It means that it will require a separate legislative assembly. Following the first elections
in NWFP in the year 1937, no single party was able to gain a majority. Save that Khan became the
first Chief Minister of NWFP on 1st April 1937. However, his rule only lasts for six months. It is
because the bill of no confidence was presented from the side of Indian National Congress and
later on he was replaced by Congress minister Doctor Khan Saib.

Death

After the vote of no confidence against him, Abdul Kayum died 92 days after this on four
December 1937. He died at the age of 74 years.
 Abdullah Jan
Bs Pakistan Studies
Batch 3rd (2019-2023)

Chapter 2
Two Nation Theory

Urdu Hindi Controversy

Introduction

The year of 1867 witnessed a significant landscape of the British Raj with the eruption of the Hindi
Urdu controversy. This controversy instead of the script were related to the religious differences.

Inception of the Controversy

In 1867 a petition by the Hindus of the North Western Provinces and Uttar Pradesh and Bihar said
to make Hindi as the official language of the region. The arguments of the Hindus in the petition
were as follow.

1 Urdu, with its Perso-Arabic script and heavy Persian/Arabic vocabulary, was perceived as
closely linked to Muslim culture. The petitioners, representing a largely Hindu population

2 Secondly, They championed Devanagari, the script associated with Sanskrit and Hindi, as a
symbol of Hindu heritage and a more accessible medium for the majority population.

Opposition of the Muslims

This step was opposed by the Muslims of the area. They said that Urdu is not limited to Muslims
but a large sum of Hindus also speaks Urdu language. Apart from that the Urdu language is also
spread widely in the administration. They further mentioned that this step will dangerously reduce
the Urdu speakers in the area.
 Abdullah Jan
Bs Pakistan Studies
Batch 3rd (2019-2023)
Decision of the British Government

Initially, the British government seemed inclined to favor the Hindi petitioners. However, fearing
Muslim unrest and recognizing the practical difficulties of a sudden language shift, they ultimately
adopted a compromise solution. These solutions were.

 Both languages were granted official status for court proceedings in the disputed areas.
 Parties were allowed to choose either script (Devanagari or Urdu) for petitions and legal
documents.

References

"Urdu movement" on Wikipedia: https://en.wikipedia.org/wiki/Urdu_movement

"Language Policy in India" by Christopher Shackle

"A History of Modern India" by Bipan Chandra

"Hindi-Urdu Controversy: A Historical Reassessment" by Mushirul Hasan

Shimla Deputation 1906

The Shimla Deputation of 1906 marks a significant chapter in the history of Indian nationalism. It
was a delegation of prominent Indian leaders who met with the Viceroy of India, Lord Minto, in
Shimla to present their demands for constitutional reforms and increased Indian participation in
governance.

Total members

Total members of Shimla deputation were 35 members which were led by sir Aga Khan.

Main points

Separate electorate

Muslims should be given the right to vote under separate electorate system.

Legislative Council

The Muslims should be given representation in the Imperial Legislative Council in excess of their
population.
 Abdullah Jan
Bs Pakistan Studies
Batch 3rd (2019-2023)
Judges

The Muslims should be appointed as judges of High Court as well as chief courts.

The reservation of seats

Seats should be reserved for Muslims in Senate and syndicate of various universities.

Financial help

Financial help should be provided for the establishment of Muslim university at Aligarh.

Executive Council

Representation should be given to the Muslims in Executive Council of Vice roy

Results of Shimla deputation

The demands of the Muslims in the Shimla deputation were later on accepted. The demands of
Muslims accepted are as under.

 Separate electorate for the Muslims who are accepted in the Indian Council Act of 1909.
 Show me the reputation became the base for the creation of separate party for the Muslims
known as Muslim League.
 It created unity among the Muslims.

Congress Ministries, 1937

The Government of India Act 1935 was practically implemented in 1937. The provincial elections
were held in the winter of 1936 and 37. Two major political parties in the subcontinent in dead
time, Muslim League and Congress, both participated in this election. For this election, they also
prepared their political manifestos. The political benefit stores of both the parties were identical,
although there were two major differences. Congress stood against separate electorate and
Muslims stood for separate electorate.

Results of the election

Total seats for this elections were 1771 in eleven provinces. Out of those seats, Congress were able
to secure 750 seats and make their direct government over the five provinces of India. However,
in three provinces, Congress formed a coalition government and in total, eight out of 11 provinces,
Congress formed their ministry.
 Abdullah Jan
Bs Pakistan Studies
Batch 3rd (2019-2023)
Muslims Under the Rule of Congress

Vandemataram

Under the Congress ruled, the Muslims were forced to sing a song vandenataram taken from
Bingham Chandra Chatterjee’s Anti Muslim novel Anand math.

Salute to Gnadhi Potrait

The Muslim students in the schools were forced to salute to the portrait of Gandhi as well as Hindi
replaced Urdu in schools.

Incidents

In Uttar Pradesh, Hindu Muslim writes, God doubled in number. Apart from that, the incident of
armed robbery increased by 70% and the murder ratio was increased by 30% in Congress ministry.

Warda scheme

The policy, which was introduced under the Vardas scheme, was completely segregated from the
religion of Islam. The main objective of this scheme was to destroy the Muslim culture and secure
the domination of Hindu culture.

Hoisting of Flag

The Congress, after taking over government in the provinces, immediately ordered the hoisting of
three colored flag with the British Union Jack to prove that there were only two powers in India
which were the British and the Congress.

Muslim mass contact campaign

The Congress started a Muslim mass contact campaign. The main objective of this campaign was
to crush the popularity of the Muslim League amongst the Muslims. It was Nehru’s imagination
to destroy the image of Muslim League as the only representative party of the Muslim. The
campaign began by directly contacting the Muslim masses with a view to win them over to the
Congress.

Day of Deliverance

The Second World War broke out in September 1939. The British take participation in this war.
The Congress protested that they were not consulted. On 15 September 1939, Congress ministries
said that India would not participate in the war unless the British accepted the principles of full
and immediate independence of India. The British rejected their demands. As a result, on 22 nd
September 1939, the Congress resigned all its ministries. On the day Congress resigned from all
of his ministry is considered as the Day of Deliverance for the Muslims.
 Abdullah Jan
Bs Pakistan Studies
Batch 3rd (2019-2023)
References

Pakistan Affairs by Akram Rabbani.

A Concise History of Pakistan by Mr. Kazimi.

Pakistan in World Affairs by Shamshad Ahmed.

Allama Iqbal’s presidential address, 1930

Introduction

Allama Iqbal's presidential address at the 1930 Muslim League session in Allahabad is a landmark
speech in the history of Muslim separatism and the Pakistan movement. Delivered on December
30th, 1930, the address outlined his vision for the future of Muslims in India, proposing the idea
of an independent Muslim state in northwestern India.

Key Points of the Address

Two-Nation Theory

Iqbal explicitly articulated the two-nation theory, arguing that Muslims and Hindus constituted
distinct nations with incompatible cultures and political aspirations. He asserted that Muslims
could not achieve full autonomy and expression within a unified India dominated by Hindus.

Independent Muslim State

Iqbal proposed the establishment of an independent Muslim state in northwestern

India, comprising Muslim-majority provinces like Punjab, Sindh, Balochistan, and parts of North-
West Frontier Province. He argued that this "Muslim India" would provide a homeland for
Muslims to flourish culturally and politically.

Pan-Islamism
 Abdullah Jan
Bs Pakistan Studies
Batch 3rd (2019-2023)
While emphasizing the distinctiveness of Muslim identity in India, Iqbal also appealed to a broader
pan-Islamic sentiment. He envisioned the proposed Muslim state as a bulwark for the Muslim
world against Western imperialism and a potential leader of Muslim unity.

Constitutional Safeguards

Recognizing the potential challenges of partition, Iqbal suggested constitutional safeguards for
minorities within the future Muslim state. He advocated for religious freedom, cultural
autonomy, and equal representation for non-Muslims.

Impact

Turning Point in Muslim Politics: Iqbal's address marked a critical turning point in Muslim
politics. It provided a clear and articulate vision for Muslim separatism and laid the intellectual
groundwork for the Pakistan movement. His ideas resonated with many Muslims, solidifying the
two-nation theory as a dominant narrative within Muslim political discourse.

Influence on Mohammad Ali Jinnah

While Iqbal himself did not actively engage in political activism, his ideas significantly influenced
Mohammad Ali Jinnah, who eventually became the leader of the Pakistan movement. Jinnah
adopted Iqbal's vision of an independent Muslim state as the central plank of his political
struggle, ultimately leading to the creation of Pakistan in 1947.

Critiques and Counter-Narratives

Despite its historical significance, Iqbal's address has also been subjected to critique. Some
scholars argue that his portrayal of Hindus and Muslims as fundamentally opposed groups was
overly simplistic and overlooks the shared history and cultural links between the two
communities. Others point out that his ideal of a Muslim state based on religion proved to be
difficult to translate into practice, leading to challenges of internal diversity and religious
minorities within Pakistan.

Partition of Bengal
The Partition of Bengal in 1905 and its subsequent annulment in 1911 stand as a momentous and
tumultuous chapter in Indian history. This event ignited widespread protests, fueled the rise of
Indian nationalism, and ultimately redefined the political landscape of the British Raj.

Reasons for Partition

 Abdullah Jan
Bs Pakistan Studies
Batch 3rd (2019-2023)
The British government, under Lord Curzon's administration, cited several reasons for partitioning
Bengal:

Administrative Efficiency

The vast Bengal Presidency, encompassing present-day West Bengal, Bangladesh, Bihar, and
Orissa, was deemed unwieldy to manage. Partition aimed to create smaller, more manageable
units.

Curbing Bengali Influence

The Bengali population, known for its intellectual and political activism, was a source of concern
for the British. Partition aimed to weaken their political dominance and influence over other
Eastern regions.

Strategic Considerations

The eastern frontier bordering Burma faced instability, and partition was seen as a way to
strengthen British control by creating a new province (Eastern Bengal and Assam) with its own
administrative apparatus.

Impact of Partition

The partition evoked immediate and widespread dissent, particularly among Bengalis. They saw
it as a blatant attempt to divide their community, weaken their political power, and undermine
Bengali culture and language. Protests erupted across Bengal, led by figures like Surendranath
Banerjee, Bipin Chandra Pal, and Aurobindo Ghosh. These protests took diverse forms, including
boycotts of British goods, mass rallies, and the formation of the Swadeshi movement, promoting
indigenous industries.

The Swadeshi movement

The Swadeshi movement, emphasizing self-reliance and boycott of British goods, gained immense
popularity and became a symbol of Indian nationalism. The partition also gave rise to the concept
of Hindu-Muslim unity, as both communities joined hands to oppose the British decision.

Annulment of Partition

The widespread protests and growing unrest forced the British government to reconsider the
partition. In 1911, Lord Hardinge, Curzon's successor, announced the annulment of the partition.
The original Bengal Presidency was largely restored, although a smaller province of Eastern
Bengal remained separated.
 Abdullah Jan
Bs Pakistan Studies
Batch 3rd (2019-2023)

Lahore Resolution 1940

The Lahore Resolution of 1940 holds immense significance in the history of South Asia, marking
a decisive turning point in the struggle for Muslim self-determination and ultimately leading to the
creation of Pakistan. Understanding the causes, aims, and objectives of this resolution requires
delving into the political, social, and religious landscape of pre-partition India.

Causes

Growing Muslim Discontent

Under British rule, the Muslim community, despite its significant size, felt politically
marginalized and culturally threatened by the Hindu-dominated Indian National Congress. The
dominance of Congress in pre-1940s politics left Muslims apprehensive about their future in a
unified India.

Rise of Hindu Nationalism

The increasing assertiveness of Hindu nationalism, symbolized by figures like Savarkar and the
Hindu Mahasabha, fueled Muslim anxieties and fears of Hindu domination.

Failure of Joint Efforts

Previous attempts at Hindu-Muslim unity, such as the Lucknow Pact and the Khilafat
Movement, had either met with limited success or ultimately fractured. This eroded trust and led
many Muslims to believe that their interests could not be adequately protected within a unified
India.

Two-Nation Theory

The "Two-Nation Theory," propounded by figures like Allama Iqbal and Chaudhary Rahmat
Ali, gained traction among Muslims. This theory argued that Muslims and Hindus constituted
distinct nations with incompatible identities, cultures, and political aspirations.

Aims

Demand for Separate Homelands

The primary aim of the Lahore Resolution was to demand the creation of independent Muslim
homelands within British India. This marked a shift from earlier demands for greater autonomy
within a united India to a full-fledged demand for secession.

Political Empowerment
 Abdullah Jan
Bs Pakistan Studies
Batch 3rd (2019-2023)
The resolution aimed to secure political power and decision-making autonomy for Muslims. It
envisioned Muslim-majority states where they could safeguard their culture, religion, and political
interests.

Unification of Muslim Support

The resolution aimed to solidify and unify Muslim support across diverse regions and factions
within British India. By presenting a clear and concise political goal, it sought to consolidate the
Muslim League's position as the sole spokesperson for the community.

Objectives

Establishment of Independent States

The resolution specifically called for "independent states" in the "northwestern and eastern zones
of India" where Muslims formed a majority. These states were envisioned as sovereign entities
with their own governments and legislatures.

Loose Confederation

The resolution proposed a loose confederation of these Muslim states with other provinces of
British India. This aimed to maintain some economic and administrative collaboration while
ensuring Muslim political autonomy.

Constitutional Safeguards

The resolution, though advocating for separate states, did not rule out potential constitutional
safeguards for minorities within these states. This acknowledged the presence of non-Muslim
communities within proposed Muslim-majority regions.
 Abdullah Jan
Bs Pakistan Studies
Batch 3rd (2019-2023)

Chapter 3
Introduction to the Constitution of
Pakistan

Definition and importance of

constitution
Constitution Definition

A body of fundamental principles or established precedents according to which a state or other

organization is acknowledged to be governed

Or

A constitution is a set of laws that legally represent the ideals of a state

Or

A constitution is the foundational legal document of a country. It establishes the framework for
how the country is governed, defines the basic rights of its citizens, and outlines the relationship
between the government and the people.

Importance of Constitution

Establishing the rules of the game:

A Government structure:

The constitution defines the different branches of government (legislative, executive, and
judicial), their powers and responsibilities, and how they interact with each other. This prevents
any one branch from becoming too powerful and ensures a balance of power.
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Bs Pakistan Studies
Batch 3rd (2019-2023)
B Rule of law:

The constitution lays out the principles of the legal system, ensuring that everyone is subject to the
same laws and that the government cannot act arbitrarily. This promotes fairness and
accountability.

C Citizen rights:

Constitutions typically enshrine fundamental rights and freedoms for citizens, such as freedom of
speech, religion, assembly, and the right to due process. This protects individuals from
government overreach and promotes individual liberty.

Maintaining stability and order:

A Provides a shared set of values:

The constitution lays out the core principles and values that bind a society together. This fosters
unity and provides a common ground for resolving disputes.

B Limits government power:

By defining the government's authority, the constitution prevents it from infringing on the basic
rights of its citizens or abusing its power. This leads to greater stability and prevents tyranny.

C Facilitates change:

While providing a stable framework, most constitutions also have mechanisms for
amendment, allowing for peaceful and orderly change to adapt to evolving needs and
circumstances.

Benefits for individuals and society as a whole:

Protects individuals from discrimination and arbitrary government action.

Promotes political participation and civic engagement.

Contributes to economic prosperity by creating a predictable and stable legal environment.

Fosters a sense of national identity and shared values.

 Abdullah Jan
Bs Pakistan Studies
Batch 3rd (2019-2023)

Constitutional Development in Pakistan

Constitutional Development from 1947-

1956
Introduction

Pakistan came into existence on August 14th 1947. There were some problems faced by Pakistan
in the beginning of the era. Instead of other problems the framing of constitution for the new state
became the issue of concern. It was decided that the act Indian act of 1935 will be amended and
will be implemented as Indian Independence act of 1947. This will be considered as the interim
constitution of the state. The independence act was implemented in the country under the section
8 of 1947 Indian independence act.

1st constituent assembly

The First Constituent Assembly of Pakistan came into existence under the Indian Independence
Act 1947, at the time of independence. Its roots went back to 1946 when elections for the
constituent assembly of United India were held to decide the destiny of the All India Muslim
League. The first meeting of the constituent assembly of united India was held on 19 th December
1946, but Muslim League boycotted it since they demanded a separate constituent assembly for
Pakistan. With the acceptance of the 3rd June plan, a separate constituent assembly was formulated
for Pakistan.

Mr. J.N. Mandal was elected as temporary chairman of the Constituent Assembly of Pakistan.
Subsequently, Jinnah was elected as the president of the Constituent Assembly of Pakistan, on
11th August 1947 and Maulvi Tamizuddin Khan as its Deputy President

Tenure

The Constituent Assembly of Pakistan functioned from 1947 to 1954 and involved two major
parties—the Muslim League representing all Muslims except for a few and The Congress Party
representing the twelve million Hindus in Pakistan.

Members

In initial stages the count of its members were only 69 later increased to 79 to give representation
to the princely states.

Functions
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 Its first function was to prepare the constitution of Pakistan and acts as a federal legislature.
 The functions of the central legislature under the act of 1935 were granted to the constituent
assembly.
 It could amend law by the simple majority.
 No law shall be made/passed without the approval of the constituent assembly.

Objective Resolution 12th March 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. 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 the Islamic
political system and Western Democracy. Its importance can be ascertained from the fact that it
served as a preamble for the constitution of 1956, 1962, and 1973 and ultimately became 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:

Main Points of Objective Resolution

Sovereignty

Sovereignty of the entire Universe belongs to Allah alone.

To frame Constitution

The Constitution of Pakistan should be framed by the Constituent Assembly.

Principles of Islam

Principles of democracy, freedom, equality, tolerance, and social justice, as inshore by Islam
should be followed.

Islamic way of life

Muslims shall live their lives according to the teaching of the Quran and Sunnah.

Minorities
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The rights should be provided to the minorities. They will be free in terms of their religion and
way of life. It would be the duty of the state to safeguard the interests of minorities, backward and
depressed classes.

Provincial Autonomy

There should be a federal form of government with the maximum autonomy for the Units.

Judiciary

The judiciary will be free. It will be free from legislature and executive. The judiciary will be
independent.

Integrity

The integrity of the territory and sovereignty of the country was to be safeguarded.

Basic Principle committee

The first constituent assembly set up several committees to carry out its tasks. Most important of
these was the Basic Principles Committee; it was assigned the task to report per the Objectives
Resolution on the main principles by which the constitution of Pakistan was to be framed.

Sub- committees

The basic principle committee has set up some sub committees for different tasks which are
discussed as under.

Talimaat-i-Islamia

This sub-committee consist of scholars to advise on the religious matters arising out of Objectives
Resolution.

2nd committee

A sub-committee to deal with the matter of judiciary.

3rd committee

The third committee was made to deal with the matters of adult franchise.

4th committee
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It was a sub- committee to deal with the matters of federal and provincial constitution and
distribution of powers.

Reports of the Basic Principle Committee

The basic principle committee presented two reports which are discussed as under.

1st Report of Basic Principle committee

The basic principle committee presented its first report on 28 th September 1950. The main points
of it were presented in Dawn news paper the day later of its report. The main features of the report
were as follow.

Main Principles

Objective resolution

This committee declared that the objective resolution will be included in the future constitution of
the country.

Federation

This report called Pakistan to be a federation where Urdu will be the national language of the state.

Adult franchise

It gives the right to vote to all adult citizens of the country irrespective of religion, caste , creed,
income and gender. However the age for adult was not clearly mentioned.

Bicameral Legislature

The report presented that there will be bicameral legislature in the country. There will be two
houses upper and lower.

Upper House

The upper house was known as the house of units. There will be 120 members in the upper house.
The 60 members will be from East Pakistan and the 60 from west. They will be elected by the
provincial legislature. The tenure of the upper house will be 5 years.

Lower House
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The lower house is known as the house of people. The members of the lower house will be 400.200
members will be elected from East and 200 from West Pakistan. The members of the lower house
will be elected on the basis of adult franchise. The tenure of lower house will be also 5 years.

Joint Session

Both the upper and lower house will enjoy equal powers. The decisions regarding budget and bills
will be taken in joint session.

Head of Judiciary

The supreme court was to be the head of judiciary. It will consist of chief justice and 2 to 6 judges.
The high court for each province will be constructed.

Board of Ulema

For the first time board of uelmas was formed. They will be appointed by the head of the state and
the provincial governor. Their main duty will be to examine the process of law and to ensure that
these laws are according to the holy Quran and Sunnah.

Distribution of Powers

The powers of the legislature was to be divided into three lists

1st list

The first list will be federal list. It would comprise of 67 subjects on which the central legislature
would legislate.

2nd list

The second list was the provincial list. It would comprise of 35 subjects on which the provincial
legislature would legislate.

3rd list

The third list was Concurrent list. It would comprise of 37 subjects on which both central and
provincial legislature would legislate.

Head of the state

The head of the state will be elected in a joint session of the two houses. The tenure of the head of
the state will be 5 years. The head of the state will work in the advice of the prime minister. The
prime minister and his cabinet has the power to remove the head of the state which is president.

Power of Ordinance
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When the federal legislature was not in the session then the president has the power to make an
ordinance which will act as a temporary law.

Dispute

In case of any dispute the supreme court had the authority to interpret the constitution.

Criticism on 1st Report of Basic Principle committee

Representation in Upper House

The report was criticized by the Chandra Chattopadhyay. He said that the population of East
Pakistan is much more than West Pakistan. The demand of Bengalis was to give them
representation equally in Upper house.

Over centralization

The Bengalis criticize it on the ground that all the powers lies with centre while the provinces were
provided with less power.

Issue of Language

Urdu was declared as the language of Pakistan. It was severely criticize by Bengalis on the ground
that the Bengalis are in the majority so the language of the country should be Bengali.

Religious people

The religious people also criticize it on the ground that it is less religious in nature. They said that
the head of the state should be a Muslim.

Minorities

The minorities also criticize it on the ground that neither clear right nor representation in the upper
and lower house was provided to minorities.

Adult Franchise was not clear

There was confusion in adult franchise. The confusion was that what will be voting age. Is 18 will
be voting age or 22.

2nd Basic principle committee

 Abdullah Jan
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Batch 3rd (2019-2023)
After the criticism on the first basic committee they then decided to present the report of the second
basic principle committee. The draft of the second committee was finalized on the 3rd week of
November. On 23rd November 1952 it had to be presented but however it was delayed in the last
minute. The final meeting was held on 19th December 1952 where a final draft of 2nd basic
principle committee was prepared. Following were the main features of the committee.

Silent Features:

Objective resolution

This committee declared that the objective resolution will be included in the future constitution of
the country.

Head of the state:

Head of the state should be a Muslim. He will be elected by the both house of Federal legislature.
The tenure of president will be five years.

Seats for community:

Seats were also allotted for communities in the house of people (lower house).

Bi-Cameral Legislature:

The legislature consist of two houses. House of units and house of people.

a. Upper house:

The upper house comprise of 120 members out of 120. 60 members will be selected from East
and 60 from West Pakistan.

b. Lower House:

The lower house compirse of 400 members out 400 members. Out of 400 members 200 were
from East and 200 were from West Pakistan.

Power of Ordinance:

When the Federal legilstature was not in the house president had the authority to pass an ordinance.
The president had the pwer to dissolve the house of people on the advise of council of Ministers.

Supreme Court:
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The appointment of the chief justice of the supreme court would be done by president with other
6 judges. The appointment of those 6 judges would be appointed by the president on the
recommendation of chief justice.

High court

According to this report there has to be a high court for each of the units ie East Bengal, Punjab,
Sind and NWFP. The judges of the high court would be appointed by the head of the state.

Appointment of Prime Minister

The prime minister has to be appointed by the head of the state.

Criticism

The 2nd report was criticized on the following grounds.

Incomplete Draft

The draft ignored the fact that the East Pakistan contained majority of population so equal
representation in NA is the violation of their due rights. This step will convert their majority to
minority.

 It didn’t pay attention to the fact that West Pakistan had the majority of area.
 The lack of constitutional provisions unable the issues to the issues to be solved in joint
sessions.

Bogra Formula
on 16th April 1953 Khwaja Nazimuddin ministry was dissolved by Ghulam Muhammad and then
appointed the Bogra as the third Prime Minister of Pakistan. He was a Pakistani Embassader in
USA. He belongs from Bengal. After his appointment as PM he wants to prepare an acceptable
constitution for Pakistan. For this purpose he prepared a formula which got famous with the name
of Bogra formula. It was presented on 7th October 1954 in the constituent assembly.

Features of the Formula

Bicameral Legislature

The parliament consist of two houses.

Upper House
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In upper house there will be 50 members. The seats of upper house were distributed on equality
basis.

Lower House

In lower house there will be 300 seats. They will be distributed among East and West Pakistan on
the basis of population.

UNITS UPPER LOWER HOUSE TOTAL

HOUSE
East Pakistan 10 165 175
Punjab 10 75 85
NWFP,FATA 10 24 34
Sind , Khairpur 10 19 29
Bahawalpur,Balochistan,Karachi 10 17 27

Equal Powers

According to this formula powers will be equally distributed among the houses.

President and PM

According to this formula if the president was selected from West Pakistan then the PM will be
from East Pakistan and vice versa.

Joint Session

If there arise an issue between both houses. The issue will be then solved through joint session.
The presence o 30 percent members in compulsory to solve an issue.

Language

Both Urdu and Bengali will be the national language of Pakistan.

One Unit Scheme

After the failue of the Bogra formula. Chuadri Muhammad Ali was selected as a leader and. Bogra
was sent to his former position which was Pakistani ambassador in USA. The new government
moves toward the constitution making and their first achievement was the establishment of the
West Pakistan act on 30th September 1955. This act abolished the old subdivisions and
amalgamated the provinces into one unit.

Initial Progress
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Initially, the idea of dissolving all provinces in the western wing and merging them into a one unit
was floated by Feroz Khan Noon and Jahanara Shahnawaz -- both from Punjab -- in the Constituent
Assembly in March 1949. Jinnah and Liaquat are also reported to have considered the idea but no
progress was made in this direction when they were alive

Presented

This act was presented in the 2nd constituent assembly. Out of 72 members 40 were in favor of one
unit.

Plan

Under this the four provinces of West Pakistan will merge into a single unit. The East Pakistan
will act as another unit. In this case Lahore will act as a provincial capital of Western wing. The
region of Western wing had 12 divisions, while Dhaka will act as a provincial capital on Eastern
Wing.

Merging of West Pakistan/ Causes of One Unit Scheme

On 30th September 1955 West Pakistan was merged into a single unit but there is a question that
why West Pakistan was merged into a single unit.

 It would end the curse of provincial prejudices.

 It would allow the development of backward areas.
 It would reduce administrative expenses.
 It would make it easier to draw up a new constitution.
 It would give East and West Pakistan maximum autonomy.

Aim

The basic aim of one unit was to create equality between the Eastern and western wings in terms
of distribution of seats and population.
 Abdullah Jan
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Batch 3rd (2019-2023)

CHAPTER 4
Constitution And State Structure

Structure of the Government

The structure of the government in Pakistan are divided into three major pillars. These three pillars
include the legislature, executive and judiciary. In the structure of the government, all the three
pillars will be discussed in detail.

1 Legislature
The main function of legislature is lawmaking for a state. Legislature actually makes law for a
country. The legislature of Pakistan are divided into two major portions. These portions are
National Assembly and Senate. The former is the lower house and the latter is the upper house.

National Assembly

 The members of the National Assembly are elected for five years.
 Their minimum age must be 25 years.
 They plays a vital role in the lawmaking of the state.
 In total, there are 342 members of National Assembly.

Area/Criteria Seats

Punjab 183

Sindh 75

Kpk 55

Baluchistan 17

Capital 2

Minorities 10
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Senate

 The members of the Senate are selected for the tenure of six years.
 The minimum age requirements for senators are 30 years.
 The total number of senators are 104.

Area General Women Technocrats Minorities

Punjab 14 4 4 1
Sindh 14 4 4 1
KPK 14 4 4 1
FATA 8 0 0 0
Baluchistan 14 4 4 1
Islamabad 2 1 1 0

2 Judiciary
The main function of the judiciary is the protection of law. Instead of this, judiciary also resolved
the conflicts inside the state.

A Supreme Court

In judiciary, the highest position is waste Supreme Court. Supreme Court protects and interprets
law. Supreme Court is present in Pakistan. The Chief Justice of Supreme Court is selected by
President and Prime Minister.

Bench

The total bench of Supreme Court consists of 17 judges. Apart from that, the benches of Supreme
Court are also present in provinces.

Province Bench
Punjab Lahore
Sindh Karachi
KPK Peshawar
Baluchistan Quetta
Types of Benches

 The first type is regular bench it consist of 1-2 Judges.

 The second type is full bench it consist of 3-5 Judges.
 The third type is constitutional bench, it consists of maximum judges of Supreme Court.

B High Court
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According to the constitution of pakistan there will be high court in every province of the country.
In pakistan the total number of high courts are five.

Area Court
Punjab Lahore
Sindh Karachi
KPK Peshawar
Baluchistan Quetta
Federal capital Islamabad
The judges of the high court are appointed by the mutual consent of president and governor.

C Ombudsman

This post was created in order to register complains against the government officials. They were
appointed both in capital of the country as well as provinces of the state. Their main function was
to stop corruption, nepotism and favoritism in the country.

D Federal Sharia courts

These courts were established by President Zia ul Haq. It was the responsibility of President to
appoint the judges of the Supreme Court, particularly Chief Justice. Apart from that, President had
also the authority to increase the tenure of the judges from three years.

Functions of Sharia courts

 The main function of little Sharia courts are to decide the cases according to the Islamic
law.
 Another function of federal Sharia court was to eliminate those laws, which are against
Islamic principles.
 To decide the case is related to the distribution of property among the heirs according to
Sharia.

For the judges of sharia courts, Islamic law was compulsory for them.

E Lower courts

The lower courts are the separate courts in Pakistan for criminal cases like district courts, session
courts, criminal courts, civil courts and tribunals etc.

3 Executive
The main function of executive in Pakistan is the implementation of law across the state.

A President
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Conditions for President

 He must be Muslim and citizen of Pakistan.

 The minimum age for president must be 45 years.
 He should be eligible for election to the office of president.

Powers of President

Head of the state

President in Pakistan is considered as the head of the state. He holds the highest of his position in
Pakistan.

Administrative powers.

The highest powers in the government are present with the president of Pakistan. The president
must use his powers by the advice of Prime Minister and his cabinet.

Formation of cabinet.

President in Pakistan has the authority to form a cabinet. According to the Constitution of Pakistan,
the President will invite such a person to establish the cabinet who got majority votes in the
national assembly of Pakistan.

Judicial powers

 The president in Pakistan has the power to grant pardons and reduce sentences of the
criminals.
 The president can also appoint judges of High Court by taking advice from the governor.
 The powers of the president cannot be challenged in court.

Ordinance

If the National Assembly is not in a session, President has the authority to promulgate or pass an
ordinance or temporary law. This ordinance will be applicable for the tenure of four months.

Appointments

The President of a state can do the following appointments.

 The president can appoint Prime Minister.

 The president can also appoint an ambassador to other states.
 The president can also appoint the chief election commissioner in Pakistan.
 The president can also appoint all the chiefs of army staff, including land, naval and Air
Force.
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Appointment of ministers

The president, on the advice of the Prime Minister, can appoint ministers to different ministries
like health, education, food etc.

Dissolution of parliament

The president on the advice of the prime minister has the authority to dissolve the parliament of
the prime minister.

Power is related to making of law

Love for the Nation is actually made in the Parliament, National Assembly and Senate. After the
passing of law, it is necessary to be signed by the president of Pakistan. The president can also call
the meeting of the legislature by any hour (by any time).

Guardian of the Constitution

The president of Pakistan acts as a guardian to the constitution of the country. He will ensured that
the provisions of the constitution should be followed in the nation.

B Prime Minister

The main executive position in Pakistan is with Prime Minister. Prime Minister himself is ahead
of the cabinet as well as the head of the government.

Criteria for Prime Minister

 He must be a citizen of Pakistan.

 He must be a Muslim.
 His minimum age will be 45 years.

Powers of the Prime Minister

Leader of the Cabinet

Prime Minister is the leader of cabinet in Pakistan. Apart from that, he was also the member of the
cabinet in the country.

Appointment of the ministers

The Prime Minister has the authority to appoint ministers across the state from his cabinet. These
include Minister of Health, Minister of Education, Minister of Revenue, etc.

Leadership of National Assembly

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The Prime Minister is the leader of the National Assembly, the lower house of the Pakistani
Parliament. This allows them to influence the agendas of the government.

Policy making

Prime Minister plays a crucial role in the policy making for a country. In order to make new policy
or law, it has to be passed by 66% of majority in legislature. Thus the party of the prime minister
is in majority so he has the advantage in terms of making new law or policy for the state.

As a chief executive

Prime Minister is the chief executive of the government. In President and Prime Minister, Prime
Minister is less powerful in practice. In reality, all the orders by the President should be
countersigned by the Prime Minister. It simply means that the all the powers of the president can
be exercised by the prime Minister.

Source of coordination between President and Cabinet

According to the constitution, Prime Minister should maintain contact or coordination between the
President and the cabinet of Prime minister. According to the constitution, all the authorities are
under the control of President, but in order to exercise its power, the president must take permission
first from the prime minister in order to use powers. Instead of that the prime minister will keep
the president informed about all the things happens in the country.

Nuclear Command Authority

The Prime Minister chairs the National Command Authority, which is responsible for Pakistan's
nuclear arsenal.

The provincial governments

According to the 1973 Constitution of Pakistan, the Islamic Republic of Pakistan will be comprised
of one federal and four provincial governments. In each of the provinces, Governor will be the
head of the province while Chief Minister will be the leader of provincial government. Below, the
provincial government is discussed in detail.

1 Governor

Governor is considered as the head of the province. Governor in the province enjoys the same
power as were enjoyed by the President in the center.

Conditions for governor

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 He must be a citizen of Pakistan.
 His minimum age, must be 35.

Powers of the Governor

a Executive powers

All the authorities of the province are under the supervision or control of the governor. Governor
has the maximum powers, but in order to exercise his powers he must take permissions from the
Chief Minister first.

Governor will also fulfill the orders which were given to him by the president of the state.

b Judiciary powers

The governor can appoint the judges of the High Court. In order to appoint the judges of the High
Court, he must take advice from the chief minister of the government.

c Dissolution of assembly

The government has also the power to dissolve the provincial assemblies, but first he must take
permission from the chief minister of the province.

d Coordination with Federal Government

The Governor acts as a link between the Federal and Provincial Governments, facilitating
communication and cooperation on shared issues.

e Duties during emergency

During the emergency, situation like wars, rebellions and riots, the government takes control over
all the powers of the province except of the provincial assembly powers.

f Special power

If the provincial assembly passed a new bill, then it was the governor who make it a law by signing
that bill. However the governor cannot reject a bill passed by the provincial assembly.

g Ordinance
If the Provincial Assembly is not in a session, Governor has the authority to promulgate or pass an
ordinance or temporary law. This ordinance will be applicable for the tenure of four months.

h Provincial cabinet
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All the authorities of the province are utilized by the Chief Minister. According to the Article 129
of the Constitution of Pakistan, the provincial cabinet can use its power on the name of governor.
The chief minister of the provincial cabinet is usually appointed by the governor of the province.

2 Provincial assembly

According to the Constitution of Pakistan, in provincial assembly there is unicameral legislature.

It means that the provincial assembly composed of only one house. Here details of the provincial
assemblies are going below.

Province Number of Seats

Punjab 371

Sindh 168

KPK 145

Baluchistan 65

Powers of chief minister

a Formation of cabinet

Chief Minister, on the advice of the provincial governor, establishes the provincial cabinet as well
as his government.

b Appointment of the Ministers

The Chief Minister can also appoint ministers from the member of its cabinets. These ministers
include Minister of Health, Minister of science and technology etc. The chief minister also
maintain coordination among his ministers.

c Administrative powers

The chief minister enjoys the same power as that of Prime Minister, but in the province. The chief
minister is also the leader of the provincial assembly and the chief minister runs the government
with the help of his cabinet.

d Power is related to making of law

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The chief minister again also promulgate law for the province. In order to make law in the
province, the chief minister need to take approval from majority of the members of provincial
assembly in order to make a new law.

e Financial powers

The provincial cabinet of the Chief Minister prepares budget annually. For passing of the budget,
it is necessary that the budget must be passed from the majority members of the provincial
assembly. As the Chief Minister is the ruler of the majority party, so it simply means that the Chief
Minister has the authority to draft new budgets.

f Caretaker Cabinet

In a key swing, assembly is being dissolved. Then Chief minister and his cabinet will continue
doing their task on the advice of governor until the new cabinet is not established.

THE 18TH AMENDMENT

Introduction

The constitution of 1973 was changed by the military Zia ul Haq and Musharraf Via 8th and 17
amendment. The government of Zardari wants to restore the constitution in its original form. The
senate and opposition want to scrap 17h amendment which accommodate military dictatorship.
The 25 members. special committee was formed to work on the new amendment of constitution
on 25th june 2009. This committee consist of members of all parties.

The 18th amendment was presented in national assembly and was passed by national assembly on
8th april and by senate on 15th april 2010.

292 out of 342 members of national assembly approved this amendment. The features of the 18th
amendment were as follow.

Features of 18 Amendment

a)NWFP

According to this amendment north western frontier province was renamed as Khyber
Pukhtunkhwa/KPK.
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b)Cancelation of Amendments

The Musharrafs 2002 LFO and the 17th amendment both were canceled because both of them
were unlawful.

c)Addition In Fundamental Rights

c.1)Article 10A

This amendment in the 10th article provide the process of free trail for criminals.

c.2) Article 19A

According to this amendment every citizen of the state have the excess to information. He is allow
but will follow some governmental restrictions. access.

c.3) Article 25A

According to this amendment the state will provide free and compulsory education to all the
children between 5 and 16 years of age.

d)Senate

The strength of senate was increased from 100 to 104. Four non Muslim seats were added one
from each province.

e)High Treason

High treason under article 6 includes the suspension or temporarily suspending the constitution. It
means the person who abolish the constitution high treason will be implemented upon him. Even
an attempt to suspend the constitution the person will became guilty for high treason, The
collaborators will also the culprits of high treason.

f)Power of Party Head

The power to remove the person from the membership of parliament or provincial assembly was
given to the party head under Article 63A. This power was restricted on several occasions
discussed as under.

 Election of PM or CM.
 Vote of confidence or No Confodence.
 A money bill or constitutional amendment bill.

g)Joint Session
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If there arise any issue on the bill between two houses of the parliament. The bill will be then
referred to the joint session and will be then passed by the voting of the majority of the members.

h)Acting Governor

The speaker of the provincial assembly can act as a governor in his absence from country. This
power was given to him in the amendment of article 104.

i)Power of Governor

This amendment under clause b of article 112 give power to governor to dissolve provincial
assemblies. before that this power was with the president.

j)Lifting of Ban

The ban on third time prime minister ship and chief minister ship was lifted.

k)Strengthen Provincial Autonomy

Provincial autonomy was provided to the provinces. In order to strengthen the provincial autonomy
several measures were taken under the 18th amendment which are as follow..

Federal government will consult with provincial government to construct hydro power plant in the
province.

The mineral oil or natural gas if found in the province its revenue will be distributed equally among
centre and province,

I)Remove Zia's Name

In amendment in article 270A, the name of General Zia Ul Haq was deleted.

m)Appointment of Judges

The procedure for the appointment of the judges of supreme court and shariah courts was changed.
Under the article 193 the minimum age for high court judges was raised from 40 to 45 years.

n)Supreme Judicial Council

According to article 209 supreme judicial council was empowered to take notice of f the case of a
judge is incapable in performing his duties because of some reason e.g physical or mental.

o)Care Taker Government

On the completion of the term of an assembly the elections will be held within 60 days of such
expiry. The new procedure for the caretaker government was adopted. The president will appoint
care taker prime
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p)Omission of Concurrent List

The concurrent list with its 47 entries was omitted. Some of the concurrent powers eg electricity,
major ports, census, medical and some other professions were added in the part 2 of federal
legislative list.

q)Appointment of Chief Election Commissioner

The procedure of the appointment of chief election commissioner was changed. The amendment
in articles 213,215, 216,218,219 and 221 provide new machinery for holding elections.

In first case the responsibility of CEC was transferred to the election commission of Pakistan. It
consisted CEC as the chairman and 4 members one from each province. The CEC and ECP will
be selected by the parliamentary committee consist of 12 members half from governmental and
half from opposition parties in the parliament.

r)Command of Federal Government

The federal government would have control on armed forces with president as a supreme leader.
The president has the power to appoint all the chiefs of staff on the advice of prime minister.
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Chapter 5
Fundamental Rights, Principles of Policy
and Responsibility

Fundamental rights in 1973 constitution

Definition

but it generally refers to a group of basic human rights that are considered essential for individual
liberty and dignity

Articles in 1973 constitution related to fundamental rights

Article 8 (Law Against Fundamental Rights)

Those laws in Pakistan should be avoided which are against fundamental rights. In order to
maintain law and order situation in the country this law is not implemented over the Military and
para military.

Article 9 (Security of Person)

No one in Pakistan will be deprived from life and liberty.

Article 10 (Safeguard of Arrest and Detention)

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A person in Pakistan should be informed that why he is arrested. If the person is arrested he will
be presented to the judge within 24 hours. This law will not be implemented on a person who is
secretly arrested (detained).

In case if a person is detained (secretly arrested), the period of his detention will not be longer
than 90 days.

Article 11 (Slavery, Forced Labor is Prohibited)

No law in pakistan will support slavery and forced labor. No child below the age of 14 years should
engage in forced labor, it is prohibited in Pakistan.

Article 12 (Protection Against Punishment)

No person in Pakistan will be punished for something that was done by him but it was not illegal.

Article 13 (Protection Against Double Punishment)

No person in Pakistan will be punished for the second time for one crime. If the person is accused
of crime again then a witness for that is necessary.

Article 14 (Inviolability of Dignity of Man)

The dignity and privacy of home of the Pakistani citizen must be safeguarded by the state. Apart
for this the government will make sure that no person can be tortured for the extracting of the
evidences.

Article 15(Freedom of Movement)

Every person in Pakistan has the freedom of movement. They can move to any part of the country
without any restrictions. This freedom should be under law simply means that the one should
not violate law of the state under freedom of movement.

Article 16 (Freedom of Assembly)

It means that everyone in Pakistan can get together for peaceful reasons like protests. They will
not bring any kind of weapons to these protests. There are some rules made by the government
and these must be followed during protests.

Article 17 (Freedom of Association)

Every citizen have the right to make unions and associations under the law for the betterment of
the state. Apart from that every person has the right to join any of the political party. If the party
is working against the state than the state will take action over it.
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Article 18 (Freedom of Trade, Business and Profession)

Every person in Pakistan have the right to start any business or profession, the one must follow
rules of the state in order to start a business or profession. It means that if a person wants to
become a business man he must issue a license for himself in order to start business in the state.

Article 19 (Freedom of Speech)

Every citizen has the freedom of speech and expression in Pakistan. Apart from that there is also
freedom for media and press. In this freedom there are also some restrictions upon media and
citizens. These restrictions are, they cannot talk or publish against Islam, they cannot talk against
their country and they cannot involve themselves in the contempt of court.

Article 19(A) (Right of Information)

It was included in the constitution after the 18th amendment. Every person in Pakistan has the
right to get access to information but not in the areas which are restricted by law eg Secret army
information.

Article 20 (Freedom to Profess Religion)

Every person in Pakistan has the right to profess, practice and propagate his religion. Apart from
that every religion in Pakistan has the right to maintain their religious institutions.

Article 21(Safeguard Against Religious Taxation)

No person in Pakistan is compelled to pay any special taxes which will be used for the support of
other religions rather than theirs.

It simply means that in Pakistan the people of other religions will not pay special taxes to the
government if they are sure that their taxes will be used for the construction of the religious
buildings of other religions rather than theirs.

Article 22(Safeguard of Religious Education)

No person in Pakistan will attend the religious instructions in terms of education in spite of his
own religion. It simply means that the students of one religion will not attend the subject of the
other religions.

The people of no religion will be prevented from

 To give their religious education to their children.

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 No citizen in Pakistan will be denied from admission in educational institution on the basis
of his religion.

Article 23(Right of Property)

Every citizen in pakistan has the right to purchase property in any part of the state. This property must be
purchased under the imposition of the restrictions of the governmet.

Article 24(Protection of Property Rights)

No one in the State of Pakistan shall be deprived of their property. If the government is interested in
someone’s property and they want to take the property from someone. The government will provide
compensation to that particular person.

Article 25(Equality of Citizens)

All citizens are equal before law and they must be protected by law. There shall be no discrimination with
the citizens of Pakistan on the basis of sex, religion and creed.

Article 25(A) (Free Education)

According to the Article 25 A of Fundamental rights, the state will provide free and compulsory education
to the children in between the age of 5-16 years.

Article 26(Access To Public Places)

In public places, there will be no discrimination against the person on the basis of race, religion and creed.
Apart from that, special provisions will be provided to women and children in public places.

Article 27 (Safeguard against discrimination in services)

No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in
respect of any such Appointments on the ground only of race, religion, cast, sex, residents are place of
birth.

Article 28(Preservation of language, script, and culture)

According to the Article 251 of Constitution, any section of citizens having a distant cultural script or
culture have the right to preserve and promote the same and subject to law, establish institution of that
purpose.

Responsibilities Of The Pakistani Citizens

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As the citizens of Pakistan have got equal rights, therefore certain duties are also enforced upon
them. Both the rights and duties should be in balance in order to progress the society. Following
are the duties of Pakistani citizens.

1 Faithfulness

It is the responsibility of every citizens to be faithful to the cause. The citizens of a nation should
keep away himself from any activity which is against the state. It means that the person will prevent
himself from indulging into anti state activities.

2 Observe Law

It is the responsibility of every citizen to respect and observe the law of the nation. Another
responsibility of an individual is that he will not violate law in any case.

3 Defend country

It is the responsibility of every individual to defend country at a time of war or some unforeseen
conditions like famine.

4 Payment of taxes

It is the responsibility of every citizens to pay taxes which were imposed upon them by the
government. Later on, these taxes will be used for the benefits of the citizens.

5 Use of Vote

It is a responsibility of every citizen to cast a vote. This vote should be caused to a person who
will do something for the development of a nation.

6 Preference to national interest

It is the responsibility of every citizen to work for national interest rather than self-interest. It
simply means that the individuals of a nation will try to do everything which are beneficial for the
state.

7 Education

It is the responsibility of every citizens to get education and to also give education to their children.
If they would educate themselves and their children, it will develop the human resource of a nation
which will result in economic prosperity.

8 Save resources
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It is the responsibility of every citizens to save the resources of a nation. These resources include
petroleum, gas and water. It is the responsibility of every citizen to use these resources with caution
and care.

9 Respecting the rights of others

This includes treating others with dignity and fairness, regardless of their differences.

10 Other duties

Other legal obligations may include reporting crimes, adhering to public health regulations, and
participating in government-mandated programs like census

Chapter 6
Constitutional Amendments

Procedure of amending the constitution

of Pakistan
The Constitution of Pakistan outlines a specific procedure for amending its fundamental
provisions. This process is designed to ensure careful consideration and broad support for any
changes to the nation's governing document. Here's a breakdown of the key steps involved:

Initiating the Amendment:

1. Origination:

A bill proposing the amendment can be introduced in either the National Assembly or the
Senate. This bill must clearly specify the desired changes to the Constitution.

2. Majority Support:
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In the originating House, the bill must be passed by a two-thirds majority of all members present
and voting. This high threshold ensures widespread consensus before the amendment proceeds
further.

Passing the Bill:

1. Transmission:

After passing the originating House, the bill is transmitted to the other House for consideration.

2. Second Passage:

Similar to the original House, the bill needs to be passed by a two-thirds majority of the total
membership present and voting in the second House.

Presidential Assent:

1. Presidential Action:

Once passed by both Houses (and, if applicable, the relevant Provincial Assembly), the bill is sent
to the President for assent.

2. Signing or Veto:

The President has the authority to either sign the bill into law, officially amending the
Constitution, or veto it and send it back to Parliament for reconsideration.

Notable Constitutional Amendments and

Their Implications
Amendments to the constitution of Pakistan 1973

1st amendment

The first amendment of Pakistan get presidents accent on 4th may 1974. The main points of first
amendment were as follow

Main Points

Terratory
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The territories of Pakistan were defined. The Pakistan will comprise of

 The province of NWFP, Balochistan, Punjab and sindh.

 The Islamabad will act as a federal capital.
 The Federal Administrative Tribal Areas.

Political Party

According to this amendment every Pakistani citizen has the right to join or form any political
party.

Exclusion Of East Pakistan

The East Pakistan was excluded from the state of Pakistan.

Working Days

The working days of senate and National Assembly were enumerated 90 and 70 respectively.

2nd Amendment

It got president accent on 17th September 1974 and became the part of constitution.

Main Points

Definiton of Muslim

In the second amendment the word muslim was defined. The person who believes in oneness of
Allah and believe that Hazrat Muhammad (SAW) is the last prophet of Allah.

Non Muslims

The Qudianis were declared as Non Muslims with some conditions.

 They cant call their warship place Masjid.

 They cant call the wives of mirza as Ummahat-ul-Momineen.

3rd amendment

This amendment received president accent on 18th feburary 1975

Main Points

Changes in Detention

The period of detention was increased for those who are accused of serious crimes from one month
to 3 month.
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4th amendment

It received president accent on 21st novemeber 1975 and became the part of constitution of Pakistan

Main Points

Seats for minorities

The seats for minorities in the national assembly were added. Six seats for minorities were added
in national assembly.

High Court

The high court was given power to give bail to detained person.

5th Amendment

It received presidential accent on 16th September 1976.

Main Points.

Governor

According to this amendment the person should not be appointed the governor of the province of
which he is permanent resident.

Tax

Taxes were imposed on import and exports.

Chief Justice

The retiring age of the Chief Justice of Supreme Court was increased to 65.

Separation of High Courts

The High court’s of Balochistan and Sindh were spereated.

High Court

The retiring age of the chief Justice of High Court was increased to 62.

Minimize Jurisdiction

The jurisdiction of High Court in terms of detention was minimized. The high court is not allowed
further to provide bail to detained person.

6th Amendment
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This amendment was adopted on December 22, 1976.

Main Points

Limitations

The limitations of FATA and PATA were described.

Retiring Age

The retiring age of Chief Justice of Pakistan was fixed at 65 and High Court of 62.

7th Amendment

It received president accent on 16th may 1977.

Main Points

Vote of Confidece

It enable the elected prime minister to get the vote of by the people elected members of the
parliament.

Military Actions

In case of military actions the Jurisdiction of High Court was again reduced.

THE 8TH AMENDMENT

General elections for the National and Provincial Assemblies were held in February 1985 on a
non-party basis. No political party was allowed to nominate candidates in the elections. Before the
parliament could meet on 23rd March 1985, the Constitution was comprehensively amended
through a President’s Orders, known as Revival of the Constitution of 1973 Order (RCO), on
2nd March 1985. The RCO made significant departures from its original premises and concepts.
As many as many sixty-five Articles were amended/substituted/added/modified/delete/omitted.
RCO can be regarded with justification as part of the Eighth Amendment without which the
significance and importance of the Eighth Amendment cannot be fully analyzed

Main Features of RCO

a)Objective resolution

According to this amendment the objective resolution was made the operative part of the
constitution. The objective resolution was also adopted in the constitution of 1956 and 62 also but
through 8th amendment in the 1973 constitution it became the operational part of the constitution.

b)Modification of Electoral collage

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The electoral college for the office of president was modified. It will now comprise both the houses
and all four provincial assemblies. This equal weightage was given in terms of votes.

cAdvice of Cabinet

The president will act on the advice of prime minister , his cabinet or appropriate ministry.

d)Power of President

The president was empowered that he can dissolve the national assembly whenever he wants. He
has the power to appoint prime minister and other ministers. If he dissolved the national assembly,
the elections will be then held within 100 days.

e)Seats for Women

The seats for women in the national assembly were increased from 10 to 20. The special seats will
also be provided to women after elections.

f)Senate Increase

The number of seats in senate was increased from 63 to 87. Five seats from each province was
reserved for technocrats, Ulema and Professionals. In federal administrative areas the seats were
increased from 5 to 8 and in capital from 2 to 3.

g)Appointment of Prime Minister

The president can appoint any member of the national assembly as prime minister. After
appointment the prime minister will get the vote of confidence from the members of national
assembly within 60 days.

h)Appointment of ministers

The ministers will be appointed by the president on the advice of prime minister.

i)Provision of Amendment

The provision of amendment to the constitution was modified, The amendment to the constitution
will now be passed with two-third majority.

j)Governor

The governor will act on the advice of cabinet or chief minister and other appropriate ministries.

k)Appointment of Chief Minister

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The governor can appoint any member of provincial assembly as chief minister. The chief minister
will take vote for confidence from majority of the members of the provincial assembly within 60
days.

l)Motion of No Confidence

If the prime minister or governor was removed from power through vote of no confidence then no
one from their cabinet will be selected as an alternate from the concerned party.

m)Separate electorate

Separate electorates for minorities were recognized for the first time in Pakistan.

n)Seats in National Assembly

The general seats for Muslims in national assembly was increased from 200 to 207 and 10 seats
were provided to non Muslims which were 6 under 4th amendment.

o)Seats in Provincial Assembly for Minorities

The seats in provincial assembly for minorities were also increased. Three in Baluchistan and
NWFP respectively and eight in Punjab and nine in Sindh.

p)The Qualifications for Parliament Candidate

Under article 62 some qualifications were added for the candidates of the parliament which were
as under

 He must have Islamic knowledge.

 He must be free from major sins.
 He must be of good nature and will not violate Islamic teachings.
 No criminal record.
 Since independence of country he didn’t work against the integrity of state.

q)The Disqualifications for Candidate

The candidate of the parliament must not be.

 He must not be found guilty in corruption.

 Have been removed from service on the ground on misconduct.
 To propagate any action which is against the principles of Islam and integrity of country?

r)Office of Advisor

According to RCO, the president could appoint up to five advisors to the prime minister.
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s)Chief Justice of High Court

It is for the first time that the president will request to the judges of Supreme Court to act as a chief
justice of high court.

t)Appointments By President

The president can appoint chairman of senate, chief of naval, army and air staff. He can also
appoint the chief of staff committee.

u)Appointment of Governors

The president can also appoint governor to the provinces of the country.

v)National Security Council

The president was given the power to form national security council comprise of president, prime
minister, chairman of senate and chiefs of navy, army and air force.

9th Amendment

It was presented in parliament in 1985. It was not passed by the parliament. It was passed in the
senate but not in National Assembly.

Main Points

Supreme Law

The shariah will be the supreme law of the land.

Step towards imsalization

It was the step towards isalmization. According to this law the injuctions of Quran and Sunnah
will be considered the supreme Law.

10th Amendment

it was adopted on 19th march 1987 with the following points

Main Points

Sessions of National Assembly

This amendment fixed the interval period between the sessions of national assembly to not exceed
than 130 days. It was reduced to 130days from 160.

11th Amendment
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This amendment was presented in senate on 16th November 1988.

Main Points

Restoration of seats

This ball was presented to restore 20 seats for women in national assembly. It was passed by one
house and rejected by another. This bill was with drawled in 1992.

12th amendment

It was passed by the parliament on 28th july 1991

Main Points

3 years

The provisions of this amendment will remain enforced for 3 years

Special Courts

Special courts were established for speedy and transparent trail. These courts were also established
for 3 years.

Raise salary

This amendment also raise the salaries of the judges of supreme and high court.
Abdullah Jan
Bs Pakistan Studies
Batch 3rd (2019-2023)
Abdullah Jan
Bs Pakistan Studies
Batch 3rd (2019-2023)