The book analyses constitutional development in Pakistan from its conception to the present day. It provides a case-by-case account of constitution-making in Pakistan and includes all pertinent documentation regarding this.
Constitutional developments have been explained in the context of the social and political events that shaped them, and the book focuses on constitutional and political history and constitutional development concurrently.
It includes a liberal humanitarian reading of the travails of lawmakers and the role of generals, politicians, and bureaucrats in the implementation of these laws. Your tags:. Send-to-Kindle or Email Please login to your account first Need help?
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Thus, passing a money bill is the exclusive domain of the National Assembly. For any bill to become a law, the assent of the President is mandatory. When a bill is presented, the President must either assent to the bill within 10 days or may, if it is not a money bill, return it to a joint sitting of the parliament with a message to reconsider the bill or any part of it. Once a simple majority of the joint sitting of parliament approves the bill after such reconsideration, it becomes a law, whether or not the President signs the bill.
The constitution provides for the federal legislative list with 71 subjects and the provincial legislatures have exclusive powers of law making on subjects not enumerated in the federal legislative list. A provincial assembly may voluntarily delegate to the federal legislature the power of law making on subjects on which it is competent to make laws.
The executive authority of federal and provincial government extends to matters on which the federal and provincial legislatures respectively have the powers of law-making. The constitution provides for a hierarchy of the judicial branch with the Supreme Court of Pakistan on top and five High Courts subordinate to it, each working in the four provinces and the federal capital.
Lower courts in each province are under the administrative control of their respective high courts. In addition to being appellate courts in civil and criminal cases, the Supreme Court and the High Courts have original constitutional jurisdiction in certain cases. As a federal court, the Supreme Court has original and exclusive jurisdiction to settle any dispute between and amongst the federal and provincial governments.
The constitution also provides for a Federal Shariat Court and vests it with the universal jurisdiction to examine and decide the question whether or not any law or provision of law is repugnant to the Injunctions of Islam. August The Objective Resolution - the first document of constitutional nature — introduced and adopted by the first Constituent Assembly amid opposition from the Pakistan National Congress, the only opposition party consisting of Hindu minority from East Pakistan.
March The Objective Resolution — the first document of constitutional nature — introduced and adopted by the first Constituent Assembly amid opposition from the Pakistan National Congress, the only opposition party consisting of Hindu minority from East Pakistan. September Interim Report of the Basic Principle Committee introduced in the Constituent Assembly, but due to public opposition from Bengal and Punjab on the federal formula, debate on the report postponed.
December Basic Principle Committee Report is introduced in the assembly for discussion. Report of the Basic Principle Committee is adopted as the draft constitution.
October June One-Unit constituted, combining the four provinces and ten princely states of West Pakistan. February General Ayub Khan takes over the reins of power. General Ayub Khan promulgates the Constitution through an executive order. General Ayub Khan steps down and hands over the reins of power to his successor General Muhammad Yahya Khan who imposes second martial law in the country. One-Unit is dismantled and Legal Framework Order is issued to serve as the interim constitution.
First general elections on adult franchise were held in the country. Zulfiqar Ali Bhutto takes over as the first civilian martial law administrator. April July Elections on non-party basis held. November Parliament passed the 8 th Amendment to Constitution giving legal and constitutional cover to the suspension of the constitution and all acts of General Ziaul Haq between the suspension and restoration of the constitution.
The civil government of Nawaz Sharif restored some powers of the Prime Minister under the constitution which were taken away by 8 th Amendment and also took away power of the President to dissolve the National Assembly in his discretion. General Musharraf launches the third military coup, suspends the constitution, dismisses the federal and provincial governments, assumes the office the Chief Executive, declares state of emergency and promulgates the Provincial Constitutional Order, Musharraf assumes the office of the President of Pakistan.
Musharraf issued the Legal Framework Order, , providing for the general elections of , restoration of the constitution with numerous amendments. Parliament passed the 17 th Amendment in the constitution, incorporating the Legal Framework Order, into the constitution, reversing the 13 th Amendment by bringing the Prime Minister and National Assembly, once again, under the thumb of the President, which office was occupied by General Musharraf.
Musharraf issued another Legal Framework Order No. He steps down as the military chief and is sworn as the President for the third term. Musharraf resigns from the office of President under intense pressure and ahead of impeachment charges. The Government of India Act, The Indian Independence Act, Newsletters Subscribe. Back to country selector. The Process of Adoption of the Current Constitution: In the constitution making processes in the three constituent assemblies of Pakistan , , , producing the and current constitutions, the Islamic character of the state and federalism were the two vexatious questions that prevented the forging of consensus amongst ethnonational groups on constitutional design of the instruments that have governed the polity thus far.
The Constitution The constitution contains articles and 7 schedules, and establishes a centralized federal system. The Federal Executive: The President is the head of state, represents the unity of the republic and is elected by a simple majority of an electoral college consisting of members of the two houses of federal legislature and of the four provincial legislatures.
The Federal Legislature: Parliament, the federal bicameral legislature, consists of the President, the lower house National Assembly and upper house Senate.
The Judiciary: The constitution provides for a hierarchy of the judicial branch with the Supreme Court of Pakistan on top and five High Courts subordinate to it, each working in the four provinces and the federal capital. Timeline August The Objective Resolution - the first document of constitutional nature — introduced and adopted by the first Constituent Assembly amid opposition from the Pakistan National Congress, the only opposition party consisting of Hindu minority from East Pakistan.
PLD SC 1. Similarly, there was a socially sanctified tradition under which even a sui-juris woman could not marry without permission of her guardian. The matter was brought before the High Court; it not only declared counter marriage as illegal but quashed the criminal proceedings. Humaira v. State, PLD Lahore In certain remote areas of Pakistan there is a custom of giving young and even minor girls in marriage as a settlement in blood feuds.
The Supreme Court interfered in such cases, the state functionaries were reprimanded for apathy, and a direction was issued to the government to take preventive and punitive action in such cases. Because of the court interventions, the law was amended, and now it is a Penal offence to given a young girl in marriage as a settlement of a blood feud.
In terrorism related cases, the Supreme Court has been particularly strict. It upheld the Anti Terrorism Act by holding that the legislature could pass a special law to cater for such heinous crimes. Mehram Ali v. Mirza Shaukat Baig v. The court has always maintained, however, that while investigating such cases, cannons of due process should be duly observed.
Because when the law enforcement agencies roughshod the law in the name of terror, it amounts to playing on the wicket of the terrorists who wreak violence in disregard to law.
One of the most onerous functions of the judiciary in a constitutional democracy is to protect the liberty, the due process and the Rule of Law. The brief overview of the powers and working of the Supreme Court would indicate that under the Constitution it has wide powers. But the magnitude of injustices it is confronted with is still wider both quantitatively and qualitatively. In absence of responsive and credible institutions of law enforcement, people tend to bring every cause, every grievance, and ever lie before the constitutional courts and in particular before the Supreme Court.
The Supreme Court by and large has refrained from interfering in matters of public policy. We believe that it is not the function of the court to get embroiled in politics and passions of the day. While dispensing justice, the Supreme Court has broadly kept three considerations in view. First, that Judiciary is one of the three organs of the state, and good governance is possible only if the three remain within their defined limits.
Second, the law may not keep pace with the changing times and may not respond to every situation. The Court has a role to bridge the gap between the law and the society. This consideration is particularly relevant to the powers of the Supreme Court under Article of the Constitution.
Third, the court has been conscious that as a member of the United Nations and being part of a global community, Pakistan has certain obligations under the international law. We live in an interdependent world. Any activity within the country that has or has a potential to have nexus with a crime committed outside the country, be it a financial crime or an act of terror, has to be brought to justice under the law.
The society becomes prey to stagnation, resentment, and violence, which is then exported. The court has limited original and extensive appellate jurisdiction. The Supreme Court has important powers with regard to enforcement of Fundamental Rights.
Judges of the Supreme Court hold office till the age of 65 and are appointed by the President in consultation with the Chief Justice of Pakistan. There is one High Court for each of the four provinces in the country. The High Courts have a principal seat and one or more benches.
Recently a fifth High Court was established for Islamabad. High Courts have extensive appellate and substantial original jurisdiction. They have powers to issue orders in the nature of writs. High Courts are also entrusted with powers of superintendence and control over most courts. The Court has appellate and revisionary jurisdiction in Hudood cases and jurisdiction to review laws to find out their compatibility with injunctions of Islam.
Subordinate Courts: Courts of general jurisdiction are courts which deal with the main body of civil and criminal law in Pakistan. These courts have jurisdiction over all civil and criminal matters unless provided otherwise by legislative enactment.
Courts of general jurisdiction are provincial in character. Civil courts have general civil jurisdiction and try all suits pertaining to torts, lands and declaration of rights. Procedure in these courts is regulated by the Code of Civil Procedure Section 3 of the Civil Courts Ordinance provides for the following classes of courts: Court of District Judge Court of Additional District Judge Court of the Civil Judge In each district there is one district judge and varying number of additional district judges and civil judges.
Based on pecuniary jurisdiction, courts of civil judges are divided into three types- courts of civil judge class I, courts of civil judge class II, courts of civil judge class III. In every district one of the civil judges is known as the senior civil judge. The Senior Civil Judge assigns cases among his colleagues. Criminal courts of general jurisdiction are set up under the Code of Criminal Procedure, These courts can try all cases arising out of the Pakistan Penal Code.
Additional Sessions Judges have same judicial powers as the Sessions Judge. There are three types of courts of magistrates: Magistrate of the First class, Magistrate of the second class, and Magistrate of the third class. Magistrates do not always act as courts. In addition to the above noted types of magistrates there are special judicial magistrates and section 30 magistrates.
These magistrates belong to one of the three classes mentioned above but because of special powers are known as Special Judicial Magistrates or section 30 magistrates. Specialist Courts: Specialist courts deal with offenses relating to a particular subject and most but not all have both civil and criminal jurisdiction. Special courts are set up both by the federation and the provinces and in certain cases specialist courts are constituted by federal legislation but their finances are provided by the provincial government.
Listed below are important federal and provincial specialist courts. In addition to establishing Drug Courts itself the federal government is authorized under this Act to direct a provincial Government to establish Drug Courts s 31 Special Courts for emigration offences: Established under the Emigration Ordinance, s 24 Labour Courts: Established under the Industrial Relations Ordinance, s The Act however empowers the provincial government to establish Labour Courts.
It has been estimated that there are now nearly 2, judges in Pakistan at all levels of court, for a population of roughly million. Each judge is burdened with an extremely high caseload. Working conditions in the Subordinate Courts observed are generally inadequate, as these courts sit in small, un-cooled courtrooms with antiquated equipment and furniture.
The High Courts are far better-equipped, including a plenitude of computers and staff. Subordinate courts may have one computer in a court, generally used by either the stenographic officer to record case results or by the judge. Subordinate court judges rarely are promoted to the superior courts: entering the Subordinate courts at the lowest level in effect limits their advancement to, at most, the position of District and Sessions Judge, which may require 30 years to reach.
These establishments are in existence for over four decades now with low key development priority, thus no meaningful results can be shown by these bodies to control corruption.
ACEs are victims of political and bureaucratic controls. Poor investigation capacity, under-sourcing and lack of operational freedom have virtually rendered these outfits ineffective. The FIA mainly looks into immigration, financial crimes, cyber crimes and now anti-terrorism. The multiple mandates, politico- bureaucratic intrusions in the form of Federal Anti Corruption Committee FACC and host of other organisational difficulties have made the functioning of FIA an uphill task.
Had we kept the development of anti-corruption bodies on our national agenda by allocating them top-class human resource, sufficient funds, and freedom in decision- making, the menace of corruption would have been significantly curtailed.
The Ehtesab Bureau, which was formed in , supplementing the Ehtesab Commission, was the first serious effort aimed at combating corruption in the country. The Bureau assumed the responsibility of investigation while prosecution was entrusted to the commission. Ehtesab law was a strong law where the prosecution of cases at two tiers, i.
It traced assets stashed abroad for the first time in the history of Pakistan and exhibited foreign documentary evidence on ill-gotten assets in trial courts. Unfortunately, Ehtesab Bureau was dismantled due to military takeover on October 12, The political opponents labelled this bureau as infested with agenda against political opponents. The Ehtesab Act- was passed by the National Assembly with a two-third majority.
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