ISLAMIC REPUBLIC OF PAKISTAN
CONSTITUTION
When the British government granted independence to the Indian
subcontinent in 1947, the region was split into territories based on
religious populations. The Dominion of Pakistan consisted of the Muslim
regions of West Pakistan and East Pakistan. The two territories were
separated by nearly 1,000 miles of Hindu India. Despite religious
similarities, the geographic and cultural separation rendered the
Dominion of Pakistan very difficult to govern. The new Muslim nation
elected a Constituent Assembly in the same year and by 1956, Pakistan
adopted a Constitution. However, the government was overthrown by a
military coup only two years later. A second Constitution was adopted in
1962, but political instability returned and the Constitution was abrogated,
replaced by military rule.
Stability only returned to Pakistan in 1971 with the official
independence of East Pakistan, now Bangladesh, and the conclusion on
the Bangladesh Liberation War. With East Pakistan independent,
Pakistan developed a government under the leadership of Zulfiqar Ali
Bhutto.
Pakistan’s current Constitution took effect on August 14, 1973.
The Constitution was drafted by a 25-member Committee and its enactment symbolized the birth of modern Pakistan in the form of the
Islamic Republic of Pakistan. A new government modeled on the British
Parliamentary system, as opposed to military rule, now consists of
political parties, a president and prime minister, bicameral legislature and
judiciary. The most recent amendment to the Pakistani Constitution, the
Eighteenth, was enacted on April 8, 2010. The amendment reduced the
power of the President and established the Islamic Republic of Pakistan
as a parliamentary republic.
Significantly, the Pakistani Constitution formalizes Islam as the
official state religion of Pakistan and thus the Constitution displays a
mixture of Western governmental principles and more traditional Islamic
Law (Shari’a). The Constitution ensures the rights of Muslims and strives
to provide a country in which people can live their lives in accordance
with the principles of Islam. No Pakistani law can conflict with the
principles of the Quran. The Constitution provides for instruction to
Pakistani citizens in the Quran and Arabic language. Only a Muslim may
be the President or Prime Minister of Pakistan.
Pakistan’s Constitution enumerates the fundamental rights of
Pakistani citizens, balances the power of the provinces versus the
national government, and grants authority to the Prime Minister and
President.
EXECUTIVE AUTHORITY
The President of Pakistan is head of State, but suffered a decrease
in power after the Eighteenth Amendment to the Pakistani Constitution
which was passed to check executive authority. Pakistanis thought that
the president had amassed too much power during the coup and military
rule of President General Pervez Musharref. The Eighteenth
Amendment decreases the influence of the president in the interest of
democracy and greater political stability.
The Pakistani President is elected by secret ballot of the Electoral
College and serves a five-year term, after which the President is eligible
for reelection, but may not serve more than two terms. The Electoral
College is comprised of members of the National Assembly, the Senate
and provincial assemblies.
The Pakistani Prime Minister is Head of Government. Unlike the
President, the Prime Minister is selected by the National Assembly, who,
in turn, are popularly elected.
LEGISLATIVE BODY
The Majlis-e-Shoora (Council of Advisors or Parliament) is the
leading body of Pakistan. The Majlis-e-Shoora consists of Pakistan’s
bicameral legislature and the President.
Pakistan’s upper house is the 100-seat Senate. The members of
the senate are indirectly elected by the assemblies of each of Pakistan’s
provinces, tribal areas and Federal Capital. Pakistani law requires there
be at least 17 female Senators.
The lower house of the Pakistani legislature is the 342-seat
National Assembly. Of these, 272 seats are directly elected. The
remaining seats are reserved for religious minorities (10 seats for nonMuslims) and women (60 seats), who might not otherwise be elected.
Pakistan’s political parties are represented in the National Assembly with
the leader of the most heavily represented party often serving as Prime
Minister.
JUDICIAL SYSTEM
The Supreme Court of Pakistan is the highest court in the land. It
is located in Islamabad, Pakistan’s capital. The Supreme Court has
appellate jurisdiction and may hear all constitutional issues. Seventeen
justices are appointed by the President. No justice may serve beyond
the age of sixty- five.
Pakistan’s Constitution provides that none of Pakistan’s laws may
conflict with the Quran. The Federal Shariat Court, established in 1980
by presidential order, examines all Pakistani laws to ensure they are
consistent with the Quran. Decisions by the eight-Justice Federal
Shariat Court may be reviewed by the Shariat Appellate Bench, part of
the Supreme Court. Justices serving the Federal Shariat Court are
appointed by the President and are often retired justices from the
Supreme Court.
The Federal Shariat Court may also review decisions of Pakistan’s
lower criminal courts. Certain criminal behavior is known as hudud, the
“claims of God,” acts which must be specifically punished under Islamic
law.
Beneath the Supreme Court and the Federal Shariat Court, each of
Pakistan’s provinces, and the capital city, has a High Court, responsible
for the issuance of writs and appellate jurisdiction over the lower courts.
The most accessible trial courts are the district courts, with civil and
criminal jurisdiction in each province.
IMPLEMENTATION OF UNITED NATIONS COUNTER-TERRORISM RESOLUTIONS
The Islamic Republic of Pakistan has ratified eleven of the sixteen
United Nations international legal instruments against terrorism.
Ratified
Yet to be Ratified
The Aircraft Convention: 1963
Convention on Offences and
Certain Other Acts Committed on
Board Aircraft
Ratified: September 11, 1973
The Unlawful Seizure Convention:
1970 Convention for the
Suppression of Unlawful Seizure of
Aircraft
Ratified: November 28, 1973
Plastic Explosives Convention:
1991 Convention on the Marking of
Plastic Explosives for the Purpose
of Detection
2005 Amendment to the
Convention on the Physical
Protection of Nuclear Material
Ratified
Yet to be Ratified
The Civil Aviation Convention: 1971
Convention for the Suppression of
Unlawful Acts against the Safety of
Civil Aviation
Ratified: January 24, 1974
The Diplomatic Agents Convention:
1973 Convention on the Prevention
and Punishment of Crimes Against
Internationally Protected Persons
Ratified: March 29, 1976
Hostages Convention: 1979
International Convention against the
Taking of Hostages
Ratified: September 8, 2000
Nuclear Materials Convention: 1980
Convention on the Physical
Protection of Nuclear Material
Ratified: September 12, 2000
Airport Protocol and Montreal
Convention on Air Safety: 1988
Protocol for the Suppression of
Unlawful Acts of Violence at
Airports Serving International Civil
Aviation, supplementary to the
Convention for the Suppression of
Unlawful Acts against the Safety of
Civil Aviation
Ratified:
2000
Maritime September
Convention:26,
1988
Convention for the Suppression of
Unlawful Acts against the Safety of
Maritime Navigation and the 2005
Protocol to the Convention for
the Suppression of Unlawful
Acts against the Safety of
Maritime Navigation
Ratified: September 20, 2000
2005 Protocol to the Convention
for the Suppression of Unlawful
Acts against the Safety of
Maritime Navigation
2005 Protocol for the Suppression
of Unlawful Acts against the safety
of fixed platforms located on the
Continental Shelf
Nuclear Terrorism Convention:
2005 International Convention for
the Suppression of Acts of Nuclear
Terrorism
Ratified
Yet to be Ratified
Fixed Platform Protocol: 1988
Protocol for the Suppression of
Unlawful Acts Against the Safety of
Fixed Platforms Located on the
Continental Shelf and the 2005
Protocol to the Protocol for the
Suppression of Unlawful Acts
against the Safety of Fixed
Platforms Located on the
Continental Shelf
Ratified:
20, 2000 1997
Terrorist September
Bombing Convention:
International Convention for the
Suppression of Terrorist Bombings
Ratified: August 13, 2002
Terrorist Financing Convention:
1999 International Convention for
the Suppression of the Financing of
Terrorism
Ratified: June 17, 2009
In addition, Pakistan is working to implement UN Resolutions 1373
and 1624 and has made five reports to the United Nations CTC on the
county’s progress. Most recently, a draft of Pakistan’s money laundering
bill was approved by the cabinet and went to on to Parliament. In
addition, Pakistan is implementing the Personal Identification Secure
Comparison Evaluation System (PISCES) at airports country-wide, as
well as land border crossings and sea ports. The decision to implement
PISCES at all of Pakistan’s airports was made after September 11,
2001.
CORRUPTION AND GOVERNANCE
On the Corruption Perception Index, Pakistan ranked 143rd out of
178 countries. In no other country is there a greater perception that
corruption is on the rise: 77% of Pakistani respondents said corruption
had increased in the last three years. The most corrupt institution in
Pakistan is perceived to be public officials and civil servants with 49% of
all Pakistanis paying a bribe in the past year.
Pakistan’s political stability has declined steadily since 2003 and in
2009 it was ranked practically at zero. Pakistan ranks relatively well with
regard to government effectiveness and regulatory quality. Few of
Pakistan’s governance indicators surpass the 25th percentile and none
surpass the 50th percentile.