Constitutional Law-Ii

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CONSTITUTIONAL LAW-II
OBJECTIVE RESOLUTION OF PAKISTAN:
INTRODUCTION:
This resolution was moved in the constitutional assembly by Mr.
Liaqat Ali Khan, the prime minister in March 1949 and passed on March
12 1949.
It specify the objectives and important features of the constitution
of the Islamic republic of Pakistan.
Liaqat Ali Khan stated the approval of objective resolution as “the
most important occasion in the life of this country, next in importance
only to the achievement of independent.
It is the basic document of the constitutional history of Pakistan.
It is the preamble of all the constitutions in Pakistan’s constituent
history. And annex of the existing constitution of Pakistan by virtue of
article 2(A) of the constitution.
FEATURES:
(1)Whereas sovereignty over the entire universe belongs to almighty
ALLAH alone.
(2)The authority which he has delegated to the state of Pakistan
through its people for being exercised within the limited prescribed by
him is a sacred trust.
(3)The constituent assembly representing the people of Pakistan
resolves to frame a constitution for the sovereign independent state of
Pakistan.
(4)Wherein the state shall exercise its power through the
representatives of the people.
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(5)Wherein the principle of Democracy, Freedom, Equality,

Tolerance and social justice as enunciated by Islam will fully be
observed.
(6)Wherein the Muslims shall be enabled to organize their lives in
accordance with the teachings and requirements of Islam as set out in the
Quran and Sunnah.
(7)Wherein minorities to have freedom to freely profess and
practice their religion’s and develop their culture.
(8)Wherein the independence of the judiciary shall be fully secured.
(9)Wherein the integrity of the territories of the federation, its
independence and all its rights include its sovereign rights on land, sea
and air shall be safeguard.
CONSTITUTION OF ISLAMIC REPUBLIC OF

PAKISTAN:
The main job before the new government was to frame a viable
constitution for the remaining Pakistan. A constitution committee was
appointed and an interim constitution, which was unique in its nature,
was promulgated 12 April 1972. It was presidential at central and
parliamentary at provincial level. After nearly two years discussion and
debate in the national assembly, a consensus of opinion was arrived at
and a new constitution was framed and passed by it. It was proclaimed
as the constitution of Pakistan 14 August, 1973.
SALIENT FEATURES OF THE CONSTITUTION:

Following are the characteristics or salient features of the
constitution;
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(1)ISLAMIC CONSTITUTION:
The constitution begins with the definition of Pakistan.it declares
that Pakistan is a federal republic, to be known as “Islamic republic of
Pakistan.” Islam shall be the state religion of Pakistan.
The constitution makes the definition of a Muslim, “Who believes
in the unity and the oneness of almighty ALLAH, the book of almighty
ALLAH including the holy Quran and the prophethood of
MUHAMMAD (SAW) as the last prophet.”
The president and the prime minister shall be Muslim, believing the
oneness of GOD, the book of ALLAH the last prophethood of
MUHAMMAD SAW.
The constitution proclaims that sovereignty over entire universe
belongs ton almighty ALLAH alone and the authority to be exercised by
the people of Pakistan within the limits prescribed by him as a sacred
trust.
The constitution also provides for settling up a federal sharia’t
court.
(2)FEDERAL STATE:
The constitution declares that Islamic republic of Pakistan shall be a
federal state which will be consists of the following territories;
(a)the province of Baluchistan, KPK, Punjab and Sindh.
(b)the Islamabad capital territory.
©the Federal administered tribal areas (FATA).
(d)such states and territory as are may be including in Pakistan
wither accession or otherwise.
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It proclaims that Pakistan shall be a federation, where in the units

will be autonomous with such boundaries and limitations on their
powers and authority as may be prescribed.
(3)BICAMERAL LIGILATURE:
There shall be a Majlis e shoora ie Parliament, which consists of the
National Assembly and Senate.
The N.A consists of 342 members, of which 272 are general
(Muslim), 60 are women and 10 are non-Muslim members. The N.A
meets for three session in every years.
The Senate is the second chamber or upper house of Majlis e
shoora. It consists of 104 members.
The Senators are elected for the term of six years one half of them
are retired after every three years.
(4)FUNDAMENTAL RIGHTS:
The constitution declares that every citizen has the “inalienable
rights” to enjoy the protection of the and to be treated in accordance with
law. The rights are explained are as under;
(a)No action detrimental to the life, liberty, body reputation or
property of any person shall be taken except in accordance with law.
(b)No person shall prevented from or be hindered in, doing that
which is not prohibited by law.
©No person shall be compelled do that which the law does not
require him to do.
(5)INDEPENDENT JUDICIARY:
The constitution of Pakistan have fully ensured the supreme court
and its judge, a position of independence. Though the judges are
appointed by the president, they can not be removed by him, except on
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report of supreme judicial council, consisting of highest judges of the

country. Moreover the salary and allowances of the judges cannot be
reduced during the time they are holding their offices.
(6)PRINCIPLES OF POLICY:
The constitution sets out the principles of policy. Article 29 says
that it is the responsibility of each organ and authority of state and of
each person performing functions on behalf of an organ or authority of
state to act in accordance with those principles in so far as they relate to
the functions of the organ or authority.
(7)NATURE OF THE CONSTITUTION:
The constitution of the 3rd republic, like its previous counterparts, is
written as its major parts has been reduced to writing. Most of the
principles of constitutional law have been specified in the document to
avoid all possible ambiguities. It consists of 280 articles classified into
12 chapters and six schedule.
(8)DIRECT METHOD OF ELECTION:
Under the constitution of 1962, indirect method of election to fill
high position in the government was prescribed, ie the president,
members of national assembly and those of provincial assemblies where
elected by the members of basic democracies. But now election method
ids direct according to the constitution of 1973.

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(5)Wherein the principle of Democracy, Freedom, Equality,

CONSTITUTION OF ISLAMIC REPUBLIC OF

SALIENT FEATURES OF THE CONSTITUTION:

It proclaims that Pakistan shall be a federation, where in the units

report of supreme judicial council, consisting of highest judges of the

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