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Ideologies and Constitutions

of Pakistan
Gen:104
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Week #4

Introduction to the
Constitution of Pakistan
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?What is Constitution

 The term Constitution is derived from Latin word 'Constitute' which

means 'to establish'. The constitution is the basic document of a state.

 It is the fundamental rule of a state which regulates the distribution of

powers within organs of government.
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?What is Constitution

 The supreme law of the State.

 It is the foundation and source of the legal authority underlying the
existence of the State.
 It provides the framework for the organization of the State
Government. A constitution is a basic design, which deals with the
structure and powers of the government. It also includes rights and
duties of citizens.
 Sometimes it is found in an established body of rules, maxims,
traditions and practices in accordance with which its government is
organized and its powers are exercised.
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:Constitution
Defination of Constitution

Aristotle:
constitution is the way in which citizens who are the component parts of the state are
arranged in relation to one another"

Austin:
“It Fixes the the structure of supreme government."

George Cornewell Lewis:

the arrangement and distribution of sovereign power in the community or the form of the government"
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The fundamental law of the land May be written or unwritten.

 Deals with the composition and power of the government.
 Deals with the rights of citizens. Deals with the relationship between
the government and governed. It is supreme law of the land & it must be
followed by its components.
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Characteristics of Good Constitution

• Clarity or definiteness: Every clause of the constitution should be written in simple

language. It should express its meaning clearly without leaving any scope for
confusion.
• Comprehensiveness: The constitution should be applicable to the whole country. If
it is a federation then it must say the structure and power of the center and
provincial government.
• Flexibility: The constitution should not be too rigid to hinder the process of
amendment when needed.
• Fundamental Rights: A good constitution must contain the fundamental rights of
the people. In the constitution of countries like India, Russia, China, America and
Japan such declaration have been made.
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Characteristics of Good Constitution

Independence of judiciary:
Independence of judiciary is another quality of a good constitution. The
judiciary should function freely and act as the guardian of the fundamental
rights of the people without favour or fear.
Directive Principles of State Policy: In a good constitution mention
must be made of the directive Principles of the State Policy because, it helps
the establishment of a welfare state. These principles also serve as a boon for
the government.
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Classification of Constitution

Written
& Unwritten Constitution

Flexible and rigid

Unitary and federal

Quasi Federal
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Purpose of a Constitution

Create
Appropriate
Structures

Allow for Establish

Change Legitimacy

Limit Describe and

Government Distribute
Powers Power
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Ideological Factors that Shaped the

Constitution of Pakistan
• Islamic Identity:
Pakistan was established as a homeland for Muslims of the Indiain subcontinent, based
on the idea that Muslims were a distinct nation with their own cultural,religious, and
political identity. This Islamic identity is a core aspect of Pakistan's ideologicalfoundation,
influencing its legal and cultural frameworks.
• Two-Nation Theory:
This theory, articulated by Muhammad All Jinnah and others, argued that Muslims
and Hindus were distinct nations with separate religious, cultural, and social
identities. This ideological perspective was a major factor in the demand for a
separate nation for Muslims, leading to the creation of Pakistan in 1947.
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Constitution of Pakistan

In Muslim states, particularly Pakistan, laws are not derived from

the constitution but constitution is framed according to :

Almighty Allah
Prophet Muhammad (SAW)
Holy Quran Constitution in Pakistan
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• Democracy with Islamic Principles:

Jinnah envisioned Pakistan as a democratic state where laws and governance
would be guided by Islamic principles. While this has led to various
interpretations over time, the idea of blending democratic governance with
Islamic values remains a significant part of Pakistan's ideological foundation.

• Unity of Muslims: The ideological foundation also emphasizes the unity of

the Muslim community, not just within Pakistan but across the Islamic
world. This pan-Islamic sentiment has influenced Pakistan's foreign policy
and its role in the Muslim world.
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Overview of Constitutional Development in Pakistan

Constitution of 1956
Pakistan was to be federal republic based on Islamic Ideology.
 A detailed and comprehensive list of fundamental rights with an Independent Judiciary
was provided in the constitution.
The system of the parliamentary form of government was adopted both at the Centre and
in the provinces.
There was a special procedure to be adopted for the amendment of the constitution, yet it
was the least rigid constitution. It was reasonably flexible.
It had provided for two National languages Urdu for the West Pakistan and Bengali for the
East Pakistan.
Instead of double citizenship, one citizenship system was provided for the Federation of
Pakistan.
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The name of the country will be Islamic republic of Pakistan.

 The preamble of the constitution embodied the sovereignty of
God Almighty.
 The Head of the State shall be a Muslim.
 Islamic Advisory Council shall be set up.
 No Law detrimental to Islam shall be enacted
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Constitution of 1962
Title of the State will be Islamic Republic of Pakistan.

A Powerful President who was responsible for administration and affairs of

the state. He should be a Muslim, no less than 40 years of age, should be
capable to be a member of NA. He would be elected through not direct
elections for a time of five years.
President was the central point of all the Executive,Legislative and Judicial
powers. Cabinet was responsible to him. All key appointments were to be
made by President.
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 NA had all the powers of law making but law was to be finally ratified by
the president. President could sign, reject or return the bill.
Financial Powers of NA were limited. Only new expenses could be voted.
NA could not reject join Fund List and Recurring Expenditure.
Governors were head of the provinces and govern the province with his
cabinet. Provincial governments were directly under the control of
President. There was a strong center with a Powerful President.
 Interests of backward people would be looked after.
 Education and well being of people.
 Islam would be implemented in day to day life.
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Constitution of 1973
Parliamentary System
In a parliamentary form of government, maximum powers are vested in the
elected parliament and the Prime Minister, being head of government has
many more powers than the head of State (President).
 Federal System
The Constitution of 1973 is the Federal Constitution. It establishes a central
government and the governments of the federating units, namely, the
provinces of Punjab, Sindh, Khyber Pakhtunkhwa, and Baluchistan.
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Fundamental Rights
• Freedom of speech
• Freedom of expression
• Freedom of association
• Religious Freedom
• Right to adopt any lawful profession.

 National Language
The Constitution of 1973 provides for Urdu as the national language of Pakistan. Regional
languages have also been provided full protection by the Constitution.
Rigid
The Constitution of 1973 is a rigid constitution in the sense that it requires a Two-third majority
of the parliament (National Assembly and Senate) to amend it.
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Islamic Provisions
• He Constitution of 1973 also names the country the Islamic Republic of
Pakistan.
• Islam is the State Religion of Pakistan.
• Sovereignty belongs to Allah Almighty.
• Only Muslims could become the President and Prime Minister of Pakistan.
• Islamic way of life.
• Islamization of laws.
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Thank you