Fundamental Rights in The Constitution of Pakistan 1973

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Services and contributions of
Sir Syed Ahmed khan in the
Pakistan movement
Sir
Syed Ahmed Khan was the pioneer of two nation theory.
He
initiated Aligarh movement which rendered its services on
the social as well as religious basis for the Muslims of Subcontinent.
The
Hindu-Urdu controversy convinced Sir Syed Ahmed Khan
to think about differences between Hindus and Muslims.
He
used the word two nations for the Hindus and Muslims in
1868 for the first time.
He
gave his famous two-nation theory which became the basis
of the Pakistan Movement.
Pakistan and modern world - SSH - 702
(Taught by Ali Hammad)
Services and contributions of
Quaid – e – Azam in the
Pakistan movement

Quaid – e – Azam laid great stress on the islamic ideology.

He believed that islamic ideology was the only unifying force of the muslim
millat.

Quaid-e-Azam rejuvenated Muslim League and awakened the slumbering
Muslim masses.

He became great leader of Muslims in the subcontinent to take them to
their destiny of Pakistan based on the Islamic ideology of being a separate
Muslim nation.

He struggled very hard and accomplished Pakistan on 14th August, 1947.
Pakistan and modern world - SSH - 702
(Taught by Ali Hammad)
Services and contributions of
Allama Iqbal in the Pakistan
movement

Allama Iqbal always emphasized on the separate and distinct
image of Muslims in the subcontinent.

He based the foundation of homeland on the religion which
later on became the ideology and basis of Pakistan.

The Allahabad address of Allama Iqbal further clarified the
two nation theory and ideology behind demanding a
separate homeland for Muslims.

Allama Iqbal’s poetry reflected the ideology of Pakistan and
aroused sense of determination among Muslim masses.
Pakistan and modern world - SSH - 702
(Taught by Ali Hammad)
Constitutional development in
Pakistan

After Pakistan emerged as an independent state, the
government of India act 1935 became, with certain
adaptations and modifications, the interim constitution of
Pakistan.

The interim constitution was supposed to stay till the new
constitution was framed.

It took almost nine years (1947 – 56) for the two
constituent assemblies to make constitution for the country.

The constituent assembly passed a resolution in march, 1949.
The resolution came to knows as objectives resolution.
Pakistan and modern world - SSH - 702
(Taught by Ali Hammad)
Constitutional development in
Pakistan

Objectives resolution was the guiding principle on which
future constitution of Pakistan was to be framed.

The first constitution of the country was enforced on 23rd
March, 1956.

Constitution of 1962

Constitution of 1973

17th Constitutional amendment

18th Constitutional amendment
Pakistan and modern world - SSH - 702
(Taught by Ali Hammad)
Salient features of constitution
of 1956








Islamic Republic of Pakistan
The name of the country was adopted as the Islamic Republic of
Pakistan.
Federal System
The constitution provide for a federal system in the country.
Parliamentary System
President was the Head of the State and the Prime Minister headed
the government.
Independent Judiciary
The constitution provided for an independent judiciary in the
country
Pakistan and modern world - SSH - 702
(Taught by Ali Hammad)
Salient features of constitution
of 1956

The President

According to the 1956 Constitution the President was the head of the state. He was to be
a Muslim of at least forty years ago.

The Prime Minister

The Prime Minister was the head of the government. He was the leader of the
Parliamentary group and was thus indirectly elected by the people.

Fundamental Rights

The Constitution of 1956 provided for the fundamental rights for the citizens of Pakistan.

Islamic Law

No law would be passed against the teachings of Quran and Sunnah and the existing laws
would be made Islamic in character.

Language

Urdu and Bengali were made national languages
Pakistan and modern world - SSH - 702
(Taught by Ali Hammad)
Salient features of constitution
of 1962

Written Constitution

The constitution was in written form and it constituted of 250 articles and 5 schedules.

Federal Constitution

The constitution was federal in nature.

Presidential Form of Government

Presidential form of Government was enforced instead of parliamentary system.

Basic Human Rights

People were given fundamental rights.

National Languages

Urdu and Bengali were declared the national language of Pakistan.
Pakistan and modern world - SSH - 702
(Taught by Ali Hammad)
Salient features of constitution
of 1973
 Written

Constitution of Pakistan 1973 is a written constitution. It comprises of 280 Articles. It also
contains 6 schedules, which has been divided into 12 parts.
 Rigid

Constitution
The constitution of Pakistan 1973 is rigid because amendment procedure is not easy.
 State

Religion
The constitution of Pakistan 1973 announces that Islam would be state religion.
 National

Language and Official Language
Urdu has been declared as National Language of Pakistan but the official language is English.
 Federal

Constitution
Form of Government
Constitution of Pakistan 1973 provide federal form of government consisting of four
provinces of the central government of Pakistan
Pakistan and modern world - SSH - 702
(Taught by Ali Hammad)
Salient features of constitution
of 1973
 Independence of Judiciary
 An Independent Judiciary has been
constitution.
 Rights of Minorities
 Rights of Minorities have
constitution.
provided in 1973
been protected in the 1973
 Holding of Referendum
 The president of Pakistan is
authorized to order for
holding a referendum on any issue of national
importance
Pakistan and modern world - SSH - 702
(Taught by Ali Hammad)
Comparison between the constitutions
of USA, India, Pakistan and UK

Introduction
•
A constitution is the framework of a government's institutions; it describes structural
arrangements, allocates functional powers and establishes limits to political authority.
•
The constitution of Pakistan contains 280 articles in 7 Chapters, 5 schedules, and 20
amendments.
•
India has the longest written constitution of any sovereign country in the world, containing
448 articles in 25 parts, 12 schedules, 5 appendices and 98 amendments.
•
USA has a Constitution of originally four pages long. It was 4618 words long, including the
signatures.
•
UK has an un-written Constitution
Pakistan and modern world - SSH - 702
(Taught by Ali Hammad)
Comparison between the constitutions of
USA, India, Pakistan and UK
Origin
•
The Pakistan, Indian & USA Constitution is a result of borrowings ideas
from other countries whereas UK Constitution is Unique because it is
original by effort of Centuries
 Written
•
The Pakistan, Indian & US Constitution written whereas UK
Constitution is un-written, based on customs of long history.
 Length
•
Indian Constitution is Longest healthy document, US has the shortest
Constitution, Pakistan has in between of both and there is no
measurement of UK Constitution as it is un-written
 Sovereignty
•
democratic republic
All four documents represents a Sovereign democratic republic
Pakistan and modern world - SSH - 702
(Taught by Ali Hammad)
Comparison between the constitutions of
USA, India, Pakistan and UK
Religion
•
of State
Except Pakistan, all three constitutions are Secular, whereas
Pakistan has a Islamic constitution
Independence
•
The Judiciary of all four countries is independent pillar of
respective state
Fundamental
•
Rights
All for Constitutions elaborate Fundamental Rights
Cabinet
•
of Judiciary
System of Ministers
Except US the ministers forms cabinets, whereas in US the
responsibility is born by secretaries
Pakistan and modern world - SSH - 702
(Taught by Ali Hammad)
Comparison between the constitutions of
USA, India, Pakistan and UK
Post of PM
• Pakistan, India & UK has parliamentary form of
government hence the chief executive of the
government is Prime-minister, while being the head of
government in US is President, he is the chief executive
Supreme Court
• All Countries have highest level of Judiciary as Supreme
Court
Election
• All
Four Countries specify the procedure of
Elections for representatives
Pakistan and modern world - SSH - 702
(Taught by Ali Hammad)
Misconceptions about Quaid –
e - Azam
Misconceptions
Quaid-e-Azam
Mahomed Ali Jinnah did not name Pakistan
an Islamic Republic. Pakistan should become the Republic
of Pakistan.
Quaid-e-Azam
and Bacha Khan both believed in
secularism.
Pakistan and modern world - SSH - 702
(Taught by Ali Hammad)
Misconceptions about Quaid –
e - Azam
The
reality (on the basis of quotes
by Quaid – e – Azam)

“We do not demand Pakistan simply to have a piece of land
but we want a laboratory where we could experiment on
Islamic principles.”(Address at Islamia College Peshawar
1946).“

“The constitution of Pakistan will exactly be in accordance to
the Islamic Principles”.

“Allah almighty has told us that our decisions regarding to
the state will be governed under the light of Quran and
Hadith”.
Pakistan and modern world - SSH - 702
(Taught by Ali Hammad)
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