Lecture No 01: Ideology of Pakistan

Definition of Ideology: The word "ideology" comes from the Greek words "ideo" (idea) and "logos" (study),
meaning the study of ideas. It refers to a set of shared beliefs, values, norms, and ideals that a group or society
considers important. Ideologies guide actions, bring people together, and form the basis for social and political
systems.
Meanings of Ideology of Pakistan: The ideology of Pakistan is based on the idea of creating a separate nation
where Muslims of the Indian subcontinent could follow Islamic principles and values. This vision grew from
historical events, philosophical ideas, and political efforts, leading to the creation of Pakistan in 1947. Overall,
the definition of Ideology of Pakistan is given as under:
"The Ideology of Pakistan refers to creating a separate country where Muslims of the subcontinent can
protect Islamic values and live their lives according to the teachings of the Quran and Sunnah, following the
principles of Islam."
Allama Muhammad Iqbal's Perspective on the Ideology of Pakistan: Allama Muhammad Iqbal, a famous
poet and thinker, believed that Muslims in India needed their own country where they could follow their
religion and grow freely. In his 1930 speech to the All-India Muslim League, Iqbal said that Muslims should
have a society based on Islamic values, where they could be independent and revive their culture. He thought
that a separate country would help Muslims protect their identity and traditions.
Quaid-e-Azam Muhammad Ali Jinnah's Perspective on the Ideology of Pakistan: Quaid-e-Azam
Muhammad Ali Jinnah, the founder of Pakistan, led the All-India Muslim League and was key in the creation
of Pakistan. At first, Jinnah supported the idea of Hindus and Muslims working together and was a member
of the Indian National Congress. However, he became unhappy with the way Muslims were treated and the
lack of power they had. In 1940, under his leadership, the Muslim League called for separate countries for
Muslims in India. Jinnah's strong leadership and fight for Muslim rights led to the creation of Pakistan in 1947.
Sources of Ideology: These are following:
1. Islamic Faith: The primary source of ideology of Pakistan was Islamic faith. Religion is not merely the set
of prayers but it affects the entire life of a nation.
• In the 19th century, several Hindu movements like Arya Samaj and Brahmo Samaj started in the
Indian subcontinent. These movements aimed to promote Hinduism and weaken Muslims.
• Pandit Dayanand Saraswati, the founder of Arya Samaj, went to great extremes. He introduced a
program called "Shudhi," which focused on forcefully converting non-Hindus into Hindus, claiming
it was a way to "purify" them.
• Raja Ram Mohan Roy, who started Brahmo Samaj, also often spoke against Muslims due to his dislike
for them.
• The Congress Government (1937-1939) further supported this attitude, making it harder for Muslims
to preserve their religious identity in a united India.
Therefore, it became necessary to create a separate homeland.
2. Educational Objectives: Common educational goals are also a foundation for a nation's ideology. After
the British took control of the subcontinent, they introduced an education system where the English language
became central. Many Muslim scholars opposed this, arguing that learning English was against Islamic
principles. As a result, most Muslims rejected the new education system. This reaction stemmed from the
ideology of Islam, which shaped their stance.
3. Political Objectives: Many nations around the world fought for their independence due to shared political
goals. With the arrival of the British, the concept of democracy was introduced in the Indian subcontinent,
where government representatives would be elected by vote. Since Muslims were in the minority in the Indian
subcontinent, their representation in the government was limited. However, the new political system led to the
rise of Muslim identity, as it made them more aware of their position and rights.
4. Economic Objectives: Economic goals also influence a nation’s ideology. After the War of Independence
in 1857, Hindus convinced the British that Muslims played a major role in the rebellion and could rebel again
in the future. As a result, the British treated Muslims harshly, ignoring them and limiting their economic
opportunities. Muslims were left out of trade and business, which made them poorer. Even under these difficult
conditions, Muslims stayed committed to their beliefs and ideology.
5. Common Cultural Objectives: Cultural goals also help build a nation’s ideology. At the time of British
rule, Urdu was the official language. As Hindus gained more power in the British administration, they tried to
replace Urdu with Hindi. Urdu, written in Arabic script, was associated with Islam and Muslims, while Hindi,
written in Devanagari script, was tied to Hindus. Since many Muslims couldn’t read or write Hindi, this move
worried them. They feared losing their cultural and religious identity in a united India, which strengthened
their commitment to their ideology.
6. Two Nation Theory: This theory also raised as a key source for ideology of Pakistan. The demand for a
separate Muslim state arose from the social, political, and economic challenges Muslims faced under British
colonial rule and in a Hindu-majority India. Articulated by leaders like Sir Syed Ahmed Khan and later by
Muhammad Ali Jinnah, this theory posited that Muslims and Hindus in the Indian subcontinent were distinct
nations with separate religions, cultures, and social customs. This ideological framework underscored the
demand for a separate Muslim state.
7. Respect for fundamental Human Rights: The ideology of Pakistan includes a commitment on protecting
the basic human rights of all citizens, ensuring they are treated with dignity and fairness. It guarantees that
everyone has the right to live freely, express themselves, and enjoy equal rights under the law, with no
discrimination or oppression. The government is responsible for upholding these rights for all.
Why ideology of Pakistan is known as Ideology of Islam?
The ideology of Pakistan is called the Ideology of Islam because it was created to give Muslims in the Indian
subcontinent a separate homeland where they could live according to Islamic principles. The leaders,
especially Muhammad Ali Jinnah, believed that Muslims and Hindus were different nations with different
religions, and Muslims needed their own country to follow their faith and protect their identity. The idea was
that Pakistan would be a place where Islamic values would shape the laws and way of life.
Conclusion: The ideology of Pakistan developed through history, philosophy, and political struggle, forming
the foundation of its identity. It aims to establish a country based on Islamic principles, democracy, social
justice, and cultural unity.
1. Ideological Rationale with Special Reference to Sir Syed Ahmed Khan, Allama Muhammad Iqbal,
and Quaid-e-Azam Muhammad Ali Jinnah
Introduction: Pakistan's ideology is based on the Two-Nation Theory, which views Muslims and Hindus as
separate nations due to their distinct religions and cultures. This idea led to the demand for Pakistan in 1947,
championed by Sir Syed Ahmed Khan, Allama Iqbal, and Quaid-e-Azam Muhammad Ali Jinnah.
1. Sir Syed Ahmed Khan (1817–1898): Architect of Muslim Modernism
• Educational Reforms: After the 1857 War of Independence, Sir Syed worked to improve the status
of Muslims by promoting modern education. In 1875, he established the Muhammadan Anglo-Oriental
College in Aligarh, which later became Aligarh Muslim University. His goal was to combine Western
scientific knowledge with Islamic values.
• Advocacy for Muslim Identity: Sir Syed was one of the first to highlight the unique identity of
Muslims in India. He believed that Muslims and Hindus were two separate nations with different
traditions, religions, and ways of life. This idea became the foundation for the Two-Nation Theory.
• Two-Nation Perspective: Although he did not directly ask for a separate country, his writings and
speeches emphasized that Muslims are a unique nation with their own identity.
2. Allama Muhammad Iqbal (1877–1938): Philosopher of Muslim Nationalism
• Philosophical Contributions: Allama Iqbal, a famous philosopher and poet, built on Sir Syed's ideas
by giving a deeper meaning to Muslim nationalism. He saw Islam as a complete way of life that guides
all areas of life, strengthening the idea of Muslims being a separate nation.
• Political Vision: In his 1930 speech at the All-India Muslim League, Iqbal suggested the idea of a
separate Muslim state in northwestern India. He believed that Muslims needed their own country to
freely follow their religion and protect their cultural values.
• Rejection of Western Materialism: Critiqued Western materialism and secularism, advocating for a
spiritual and moral order rooted in Islam.
3. Quaid-e-Azam Muhammad Ali Jinnah (1876–1948): The Leader of the Nation
Jinnah translated the ideological aspirations of Sir Syed and Iqbal into a political reality through his leadership
and statesmanship.
• Political Strategy: Initially, he supported Hindu-Muslim unity but later saw that it was impossible for
both groups to live together under one political system, as the Indian National Congress mostly
represented Hindu interests. He revived the All-India Muslim League, making it the main party to fight
for Muslim rights.
• Articulation of Two-Nation Theory: He stated that Muslims were a separate nation with their own
religion, culture, and traditions. In his famous Lahore Resolution speech on March 23, 1940, he argued
that Muslims needed a separate homeland to protect their political, social, and economic freedom.
• Role in Pakistan's Creation: He skillfully negotiated with British and Indian leaders to divide India
and create Pakistan on August 14, 1947. He also promoted the idea of Pakistan as a democratic country
where Islam’s values of justice, equality, and tolerance would be the foundation.
2. Two Nation Theory and Factor sledding to Muslim separatism.
Definition of the Two-Nation Theory: The Two-Nation Theory says that the main identity of Muslims in
the Indian subcontinent is their religion, Islam. It argues that Muslims and Hindus are not just followers of
different religions but are separate communities with their own unique cultures and values. This idea was the
foundation for the demand for a separate Muslim homeland where Muslims could live according to their
religious beliefs and cultural practices.
Origins and Development of the Two-Nation Theory: The roots of the Two-Nation Theory can be traced
back to the colonial era. The theory gained prominence through the following developments:
1. Influence of Sir Syed Ahmed Khan: Sir Syed Ahmed Khan played a key role in the Two-Nation Theory.
After the 1857 rebellion, he saw that Muslims needed Western education to progress. He also believed
Muslims should keep their unique identity in religion and culture. He argued that due to differences in beliefs
and practices, Hindus and Muslims couldn’t live together peacefully in one state, which led to the idea of a
separate Muslim state.
2. The Role of Allama Muhammad Iqbal: Allama Iqbal built on Sir Syed’s ideas, calling for a separate
Muslim state in 1930. He believed Muslims could not meet their needs in a united India, as they would always
be dominated by the Hindu majority. Iqbal envisioned a state where Muslims could follow their religion and
culture freely.
3. The Leadership of Quaid-e-Azam Muhammad Ali Jinnah:
• Jinnah’s Political Shift: Jinnah initially supported Hindu-Muslim unity. However, as the Congress
Party focused more on Hindu interests and ignored Muslim concerns, Jinnah became disillusioned
with the idea of a united India. He saw the need for a separate Muslim state to protect Muslim religious,
cultural, and political rights.
• The Lahore Resolution (1940): Under Jinnah's leadership, the All-India Muslim League passed the
Lahore Resolution in 1940, demanding the creation of Pakistan, a separate nation for Muslims.
Jinnah’s strong support for Muslim self-determination played a crucial role in the creation of Pakistan
in 1947.
Factors Leading to Muslim Separatism: Several factors contributed to the rise of Muslim separatism in the
Indian subcontinent:
1. Religious and Cultural Differences: The religious divide between Hindus and Muslims played a big role
in their separation. Islam and Hinduism are very different, with unique beliefs and practices. Muslims saw
Islam as a complete way of life, including politics, law, and social rules, while Hindus followed their own
traditions and social systems. Apart from religion, cultural differences like food habits, social customs, and
languages (Urdu for Muslims and Hindi for Hindus) also created a sense of separation. As Hindus gained
more political power in British India, Muslims began to feel culturally isolated.
2. Historical Conflicts: Historical events, like the Mughal Empire’s rule and clashes between Muslim rulers
and Hindu subjects, created lasting distrust between the two groups. The Mughals ruled over mostly Hindus,
which caused tensions and conflicts. These past problems grew the divide and made Hindus and Muslims feel
more separate.
3. Socio-Economic Disparities: Muslims often found themselves poorer than Hindus, especially in education
and jobs. During British rule, Hindus had more advantages in education and government work because the
British system favored them. This led to more Hindus in government positions and businesses, leaving
Muslims feeling left out. This unfairness made Muslims want a separate state where they could have better
opportunities.
4. Failure of Hindu-Muslim Unity /Political Developments:
• Indian National Congress and Hindu Dominance: The Indian National Congress (INC) was
originally made up of both Hindus and Muslims but became mostly dominated by Hindus over time.
As the INC's policies started to focus more on Hindu interests, Muslim leaders felt their rights and
culture were being ignored. This was clear when Congress pushed for independence without protecting
Muslim rights.
• Muslim League and the Demand for Separate Representation: The All-India Muslim League,
which was first created to protect Muslim rights in a united India, began to believe that a separate
political path was needed to protect Muslim interests. This shift was clear in the 1940 Lahore
Resolution, where the Muslim League, led by Quaid-e-Azam Muhammad Ali Jinnah, formally
demanded a separate state for Muslims, marking a turning point in the push for Muslim separation.
5. British Colonial Policies: During British rule in India, the British used a "divide and rule" strategy to stop
the growth of united resistance. This approach made religious and cultural divisions between communities
worse. The British also supported separate voting systems for Muslims, which deepened these divisions and
resulted in the political exclusion of Muslims.
6. Collapse of the Khilafat Movement: The Khilafat Movement (1919–1924) was aimed at protecting the
Ottoman Caliphate and received strong support from Indian Muslims. However, when Mustafa Kemal Atatürk
abolished the caliphate in 1924, the movement collapsed. This left Indian Muslims feeling disillusioned and
more vulnerable, making them seek political protection for their rights.
7. Role of Muslim Leadership: Leaders like Sir Syed Ahmed Khan, Allama Iqbal, and Muhammad Ali Jinnah
articulated the concerns of Muslims and advocated for their distinct political and cultural identity, ultimately
leading to the demand for Pakistan.
Conclusion: These factors collectively contributed to the development and acceptance of the Two-Nation
Theory and in the partition of India and the creation of Pakistan as a separate nation for Muslims.
Lecture No 02: Constitutional Developments
Definition: Constitutional development is the process of changing and improving a country's constitution over
time.
• These changes can happen through formal methods like creating new constitutions or making
amendments to existing ones.
• They can also occur informally through court decisions or changes in political practices.
• This process shapes how the government works and defines the rights and responsibilities of the people.
1. Salient Feature of the Government of India Act 1935:
Introduction: The Government of India Act, 1935 was an important law passed by the British Parliament. It
played a big role in shaping India’s future Constitution after independence. It aimed to grant greater autonomy
to Indian provinces and proposed a federal structure for the country.
Structure of the Act: The Act was large and detailed, containing 14 parts and 10 schedules. It was split into
two separate laws:
• Government of India Act, 1935: Focused on governance in British-controlled India.
• Government of Burma Act, 1935: Created a separate administration for Burma, splitting it from India.
Development and Framework: The Act's formulation was influenced by several key events and reports:
1. Simon Commission Report (1927): The British set up the Simon Commission to review India’s
constitutional progress. Its recommendations highlighted the need for reforms in governance. However, it
faced criticism in India because it was made up entirely of British members, with no Indians included.
2. Round Table Conferences (1930–1932): These were meetings between British officials and Indian leaders
to discuss how India’s governance could be improved. These discussions played an important role in shaping
future reforms and influenced the Government of India Act.
3. White Paper of 1933: This was a document prepared by the British government to explain its plans for
constitutional changes in India. It acted as a blueprint for the Government of India Act, 1935.
4. Joint Select Committee Report: A committee of British Parliament members reviewed the White Paper
and made detailed recommendations. These suggestions were key in finalizing the Act.
Salient Features:
1. Federal Structure: The Act proposed a federation including:
• British Indian Provinces: Areas directly ruled by the British (e.g., Bombay, Bengal, Madras).
• Princely States: Semi-independent regions under Indian rulers.
However, this federal setup was never fully implemented because many princely states refused to join.
2. Provincial Autonomy: Provinces were given the power to make laws on topics under their control without
interference from the central government. Powers were divided into:
• Federal List: Topics like defense and foreign affairs, controlled by the center.
• Provincial List: Topics like health and education, managed by provinces.
• Concurrent List: Topics like criminal law, shared by both.
Provincial Governors had special powers to overrule elected governments in emergencies.
3. Bicameral Legislature: The central government had two houses of legislature:
• Federal Assembly (Lower House): Members were directly elected by the people.
• Council of States (Upper House): Members were either elected indirectly or nominated.
Provinces like Bengal, Madras, and United Provinces also had two-house legislatures.
4. End of Diarchy in Provinces:
• The dual governance system introduced in 1919 was abolished in provinces.
• Elected ministers were given full responsibility for governance, but Governors retained veto powers
and could dismiss governments if needed.
5. Introduction of Diarchy at the Center: At the central level, governance was split into:
• Reserved Subjects: Key areas like defense and foreign affairs, controlled by the Governor-General.
 • Transferred Subjects: Handled by ministers accountable to the legislature.
6. Wider Voting Rights:
• Voting rights were expanded to cover about 10% of the population.
• However, only people meeting certain property, income, or tax criteria could vote.
7. Federal Court: A Federal Court of India was set up in 1937 to resolve disputes between provinces and the
center. It also interpreted constitutional matters.
8. Powers of Governors and Governor-General: Governors and the Governor-General were given strong
powers, including:
• Vetoing laws.
• Controlling key issues critical to British interests.
• Acting independently in emergencies.
9. Separate Electorates: The Act continued the system of separate voting for religious communities like
Muslims, Sikhs, and Christians, which deepened divisions.
10. Representation for Minorities: Seats were reserved for minorities, including Muslims, Sikhs, Christians,
Anglo-Indians, and Europeans, to ensure their representation.
11. Centralized Control: Despite granting some autonomy to provinces, the British retained control over
major areas like defense, foreign affairs, and emergency powers.
12. Criticism and Legacy:
Criticism:
• Indian leaders, especially the Congress, opposed the Act for not granting full self-rule.
• The continuation of communal electorates was seen as divisive.
Legacy:
• Some features of this Act influenced India’s Constitution after independence.
• It served as the governance framework until 1947.
2. Salient Feature of Indian Independence Act 1947
Introduction: The Indian Independence Act marked a key moment in history, allowing the peaceful transfer
of power to India and Pakistan. However, the partition led to violence, mass migrations, and challenges with
integrating princely states. The Act's provision for states to choose their allegiance caused disputes,
particularly over Jammu and Kashmir, which still impacts India-Pakistan relations.
Princely States: Princely states were regions in India ruled by local monarchs who had agreements with the
British, allowing them some autonomy while still being under British control.
Development and Framework: The Indian Independence Act was mainly based on the Mountbatten Plan,
which was created by Lord Louis Mountbatten, the last British Viceroy of India. The plan suggested splitting
British India into two countries to ease growing religious tensions. Key leaders, like Jawaharlal Nehru and
Muhammad Ali Jinnah, agreed to this plan. Afterward, the British Parliament passed the Indian Independence
Act, which included the ideas from Mountbatten's plan.
Salient Features:
1. The Partition of British India:
• The law approved the division of British India into two independent countries—India and Pakistan—
starting from August 15, 1947.
• India and Pakistan were free to create their own constitutions and systems of governance without
British interference.
• The British Crown’s power was transferred to the new governments of India and Pakistan, allowing
them to make laws and govern independently.
2. Territorial Borders:
• The law set the borders between India and Pakistan, and set up boundary commissions to settle disputes.
• The Act facilitated the partition of provinces like Punjab and Bengal along religious lines, creating
new boundaries between India and Pakistan, and leading to large-scale migration and violence.
3. Sovereignty and Legislative Power: The law declared both India and Pakistan as free and independent
states. It gave their Constituent Assemblies the power to create their own constitutions and to cancel any old
British laws, including the Indian Independence Act.
4. End of British Authority: The positions of the British Secretary of State for India and the Viceroy were
abolished. Each new country would have a Governor-General appointed by the British King, who would
follow the advice of the country's government until new constitutions were made.
5. Princely States' Choice: The princely states were given the choice to join either India or Pakistan or remain
independent, allowing them to decide their future.
6. End of British Monarchy's Power: The British monarch lost the right to approve or reject laws, ending
British control over the governments of India and Pakistan.
3. Objectives Resolution
Introduction: The Objectives Resolution, passed on March 12, 1949, by Pakistan's Constituent Assembly, is
a key document in the country’s constitutional history. It set the basic principles for Pakistan’s future
constitution, aiming to create a state that is both Islamic and democratic. Proposed by Liaquat Ali Khan,
Pakistan’s first Prime Minister, the resolution expressed the hopes and goals of the new country, while trying
to balance the needs of its diverse population.
Key Features of the Objectives Resolution:
1. Divine Sovereignty: The resolution said that Allah is the highest authority in the universe. The government
of Pakistan gets its power as a trust from Allah and must follow His rules. It aimed to combine Islamic
principles with the ideas of a modern state.
2. Democracy and Justice: The Objectives Resolution aimed to create a democratic system where the
people’s elected representatives hold power. It promised to ensure freedom, equality, tolerance, and fairness
in society.
3. Islamic Principles: The resolution highlighted that Muslims should have the freedom to live according to
Islamic teachings and values based on the Quran and Sunnah. It also emphasized that Islam would be the
guiding principle for Pakistan's political and legal system.
4. Minority Rights: The resolution emphasized the importance of Islam while ensuring that non-Muslims had
the freedom to practice their religion, express their beliefs, and preserve their culture. It also highlighted the
principles of equality, justice, and safeguarding the rights of minorities.
5. Fundamental Rights: The resolution guarantees basic rights for everyone, such as equal treatment under
the law, fairness in social, economic, and political matters, and the freedom to think, speak, believe, worship,
and associate with others.
6. Federation Structure: The Act stated that Pakistan would be a federation, meaning it would have different
autonomous regions or units, but these units would work together based on the principles of unity and the
common good of the country.
7. Independent Judiciary: The resolution emphasizes the importance of an independent judiciary to protect
citizens' rights and make sure justice is served fairly. It highlights that the judiciary should be free from outside
influence to ensure it can uphold the law and deliver impartial decisions.
Significance of the Objectives Resolution: The Objectives Resolution holds profound importance in
Pakistan's constitutional history:
1. Constitutional Foundation: The Indian Independence Act of 1947 served as an important foundation for
Pakistan’s constitutions of 1956, 1962, and 1973. In 1985, under General Zia-ul-Haq’s rule, it was made a key
part of Pakistan’s 1973 Constitution through the Eighth Amendment. This change incorporated it as Article
2A, making it legally binding and a central part of Pakistan’s laws.
2. Ideological Direction: The Objectives Resolution set the foundation for including Islamic principles in
Pakistan's laws and constitution. It reinforced the idea of the two-nation theory, which highlighted Pakistan's
identity as a Muslim-majority country, distinguishing it from India. The resolution emphasized that Pakistan
would be based on Islamic values and principles.
4. Salient Feature ofthe1956 Constitution
Introduction: Pakistan faced challenges in drafting its constitution after gaining independence. The
Objectives Resolution was the first significant step toward making laws. After much effort, the first
constitution of Pakistan was finally drafted in 1956 and came into effect on March 23, 1956, nine years after
independence.
Salient Features:
1. Written and Detailed Document: The constitution was a detailed written document with 234 articles,
organized into 13 parts and 6 schedules, outlining a clear framework for how the state operates.
2. Islamic Republic: It declared Pakistan as the "Islamic Republic of Pakistan," emphasizing the country's
commitment to Islamic principles. It was declared that the President of Pakistan must be a Muslim.
3. Parliamentary Form of Government: The constitution introduced a parliamentary system where the
President served as the head of state, and the Prime Minister was the head of government, responsible to the
legislature.
4. Federal Structure: It established a federal system with a clear division of powers between the central
government and the provinces, aiming to accommodate the diverse regions of the country.
5. Fundamental Beliefs in the Constitution: The constitution declared that Allah Almighty holds ultimate
authority, power would be exercised through elected representatives, society would be guided by the teachings
of the Holy Quran and the Sunnah of Prophet Muhammad (SAWW), and everyone would have full freedom
to practice their religion.
6. Composition of the National Assembly: The constitution states that the National Assembly will have 300
members. Half of them will be elected from East Pakistan and the other half from West Pakistan, serving a
term of five years. Additionally, there will be 10 seats reserved for women, with 5 from East Pakistan and 5
from West Pakistan.
7. Fundamental Rights: The constitution guaranteed basic rights like equality under the law, the right to life
and freedom, and free speech, to protect people's individual freedoms.
8. Independent Judiciary: The constitution established an independent court system to interpret laws and
enforce the constitution, ensuring balance and fairness in government.
9. Urdu and Bengali as National Languages: To respect the country's linguistic diversity, both Urdu and
Bengali were declared national languages.
5. Developments leading to the abrogation of Constitution of 1956/Repeal of Constitution
Introduction: This constitution lasted for 2 years and 7 months and then On October 7, 1958, abrogated by
President Iskander Mirza. There were several reasons of this:
1. Political Instability and Frequent Leadership Changes: Between September 1956 and October 1958,
Pakistan saw four different prime ministers in just two years. This constant change created instability, making
it difficult for the government to function properly and weakening public trust in the democratic system.
2. Abuse of Presidential Powers: The 1956 Constitution gave the President significant power. President
Iskander Mirza misused this power, often firing prime ministers and interfering with the government, which
added to the political instability.
3. Lack of General Elections: Even though the constitution required regular general elections, they were not
held, denying the people their right to vote for their leaders. This lack of elections weakened the government's
legitimacy and accountability.
4. Economic Inequality: The constitution aimed to promote economic development, but problems like
nepotism and feudalism prevented progress. These ongoing economic inequalities caused frustration among
the public and made people question the effectiveness of the constitution.
5. Power Struggle Between State Institutions: A major conflict developed between President Mirza and the
parliamentary system. Mirza’s distrust of civilian leaders led him to dismiss several prime ministers, further
destabilizing the political environment.
6. Martial Law and Military Takeover: In the midst of this political turmoil, President Mirza declared
martial law on October 7, 1958, and suspended the 1956 Constitution. He appointed General Ayub Khan as
the Chief Martial Law Administrator. However, just weeks later, Ayub Khan removed Mirza from power and
took control, marking the start of military rule in Pakistan.
6. Salient features of the 1962 Constitution
Introduction: After abolishing the 1952 constitution, President General Muhammad Ayub Khan formed a
constitutional commission to create a new constitution for the country. The commission presented its
recommendations to the president in 1961. After making changes to these recommendations on his own, the
president finalized a new constitution, which was implemented on June 8, 1962.
Salient Features:
1. Written and Detailed Document: The Constitution was a detailed written document with 250 articles and
five schedules, explaining the structure of state institutions and how they work together.
2. Presidential System of Government: A presidential system was introduced, where President served as
both the head of state and government. The President was elected for a five-year term by an Electoral College
comprising 120,000 members, equally divided between East and West Pakistan.
3. Federal Structure: The 1962 Constitution of Pakistan established a federal system. It ensured equal
representation from both East and West Pakistan in the National Assembly, which had 156 members. Half of
these were from East Pakistan and half from West Pakistan, including six women (three from each side).
4. Islamic Provisions: The constitution included several Islamic principles. It declared the sovereignty of
Allah and required that power be exercised through elected representatives of the people.
5. Islamic Republic of Pakistan: Pakistan was officially named the "Islamic Republic of Pakistan." It was
mandatory for the head of state to be a Muslim.
6. Independent Judiciary: The judiciary was declared independent, with the Supreme Court (Apex Court)
and High Courts established. Judges of these courts were appointed by the President. The retirement age for
Supreme Court judges was set at 65 years, while for High Court judges, it was 62 years.
7. Fundamental Rights: The people were given many rights to lead peaceful and prosperous life and
utilization of their faculties. These were known as fundamental rights of citizens.
8. National Languages: Both Urdu and Bengali were recognized as the national languages of Pakistan.
9. Amendment Procedure: To amend the Constitution, a two-thirds majority vote was needed in the National
Assembly. After that, the amendment bill was sent to the President for approval. If the President didn’t approve
it within 30 days, it was considered automatically approved.
7. Causes of failure of the Constitution of 1962
The Constitution of 1962 in Pakistan faced several critical challenges that ultimately led to its failure. Key
factors contributing to its demise include:
1. Lack of Popular Legitimacy: The 1962 Constitution was mainly written by President Ayub Khan and a
small group of his associates, without much involvement from the general public. This top-down approach
meant the constitution didn’t represent the people's needs or aspirations, leading to widespread unhappiness.
2. Concentration of Power in the Presidency: The constitution created a presidential system that gave the
president a lot of power, including control over the executive branch and significant influence on the
legislature and judiciary. This centralization of authority weakened the system of checks and balances needed
for a healthy democracy and led to authoritarian governance.
3. Inadequate Protection of Fundamental Rights: At first, the constitution didn’t include a proper list of
fundamental rights for citizens. Although these rights were added later through an amendment in 1963, they
were not fully enforced, and many people still faced restrictions on their freedoms.
4. Unicameral Legislature and Limited Provincial Autonomy: The constitution set up a unicameral (one-
house) legislature, reducing the chances for diverse representation. Although it claimed to follow a federal
system, it gave the central government a lot of power, leaving provinces with limited autonomy. This
centralization caused frustration, especially in East Pakistan, where people demanded more self-rule.
5. Indirect Electoral System: Under the Basic Democracies system, the president and legislators were chosen
indirectly through an electoral college made up of Basic Democrats. This system made the democratic process
less direct and reduced citizens' involvement in selecting their leaders, raising doubts about the legitimacy of
elected officials.
6. Suppression of Political Pluralism: The constitution created a political environment that restricted
political parties and their activities. This suppression of political diversity limited democratic debate and
contributed to political instability and public unrest.
8. Comparative study of significant features of the Constitution of 1956,1962 and 1973
Introduction to 1973 Constitution: The Constitution of 1973 is the highest law in Pakistan. It explains how
the country is run, defines the roles and powers of government institutions, and protects the basic rights of its
people. It came into effect on August 14, 1973, and was different from earlier constitutions. It introduced a
parliamentary system and focused on making Pakistan an Islamic state.
Salient Features:
1. Written and Detailed Document: The 1973 Constitution is a detailed written document with 280 articles.
It is divided into 12 parts and includes 7 schedules. This clear structure helps manage the country's laws and
administration effectively.
2. Inclusion of Objectives Resolution: The Objectives Resolution, emphasizing the sovereignty of Allah and
democratic principles, was incorporated into the preamble of the Constitution.
3. Islam as State Religion: Islam is declared the official religion of Pakistan. The constitution says that all
laws must follow the teachings of the Quran and Sunnah. This shows Pakistan’s Islamic identity and includes
Islamic principles in its legal system.
4. Judicial Independence: It means the judiciary works separately from the government and parliament. It
includes a Supreme Court, High Courts, and other lower courts to make sure laws are followed and the
Constitution is respected.
5. Parliamentary Form of Government: The constitution sets up a parliamentary system. The Prime
Minister is in charge of running the government, while the President has a ceremonial role as the head of state.
There are two houses in the parliament: the National Assembly and the Senate, which help with making laws
and representing the people.
6. Federal System with Provincial Autonomy: The constitution divides powers between the federal
government and the provinces. This system gives provinces more control over their own matters while keeping
the country united. It also allows local governments to address regional issues.
7. Fundamental Rights and Principles of Policy: The constitution protects freedoms like speech, movement,
and assembly, ensures fair trials, and prevents discrimination. It guides the government to promote fairness
and stop exploitation.
8. 7. Bicameral Legislature: The Constitution created a bicameral legislature comprising:
• National Assembly: Consisting of 342 members (60 women and 10 non-Muslims).
 • Senate: Comprising 104 members (17 women and 4 non-Muslims), with representation from
provinces, FATA, and the Federal Capital.
9. Bilingual Provisions: Urdu is the national language, but English is used for official work until Urdu fully
replaces it. This system helps in administration and respects language diversity.
Comparison of All Constitutions:
Feature Constitution of 1956 Constitution of 1962 Constitution of 1973
Parliamentary system: Presidential system: The Parliamentary system:
The Prime Minister was President had all the The Prime Minister had
System of Government in charge, and the power. the main powers, and
President had a the President’s role was
ceremonial role. symbolic.
The President was chosen The President was The President was
Head of State indirectly by the chosen by Basic chosen indirectly by
legislature. Democrats. Parliament.
Two houses: National One house: A Two houses: National
Legislature Assembly and Upper unicameral legislature. Assembly and Senate.
House.
Rights were included but Rights were not Rights were included
Fundamental Rights
not fully applied. included at first, later and fully enforced.
added in 1963.
Urdu and Bengali were Urdu and Bengali were Urdu was made the
made state languages. kept as state languages. national language, with
Official Language
regional languages
respected.
Provinces had a lot of Provinces had little Provinces got more
Provincial Autonomy control over their affairs. control; power was control under a strong
centralized. federal system.
Pakistan was called an Pakistan stayed an Pakistan was made an
Islamic Republic, and Islamic Republic, but Islamic Republic with a
Islam and State
Islamic laws were with fewer Islamic laws. stronger focus on
introduced. Islamization.
Courts were free to work Courts were under the Courts were free and
Judiciary independently. control of the President. given more power to
check laws.
National Assembly Legislature worked for National Assembly
Term of Legislature worked for 5 years. 5 years. worked for 5 years;
Senate for 6 years.
Started in 1956 but ended Started in 1962 but Started in 1973 and is
Stability and in 1958 after a military ended in 1969 after still in use, with changes
Implementation takeover. protests and military over time.
rule.
Lecture No 03: Fundamental Rights
Definition: Fundamental rights are the basic freedoms and protections guaranteed by the constitution to ensure
equality, justice, and dignity for all citizens.
Discussion: The 1973 Constitution of Pakistan guarantees a set of basic rights to protect citizens' freedoms
and ensure equality. These rights are protected by the courts and are the foundation of Pakistan's democracy.
Below is a discussion of these rights:
1. Right to Life and Liberty: Every person has the right to live and enjoy freedom. This means no one can
be killed or arrested unfairly. The law protects people from harm and ensures their personal safety.
2. Right to Equality: All citizens are treated equally under the law, no matter their race, religion, caste, gender,
or where they were born. This right ensures fairness and stops any kind of discrimination.
3. Right to Freedom of Speech and Expression: The Constitution guarantees freedom of speech but with
some limits. These include protecting Islam, Pakistan's security, public order, decency, and morality. Speech
that disrespects the court or promotes crime is also restricted.
4. Right to Freedom of Religion: Everyone can follow their own religion and practice it freely. No one can
be forced to follow another religion, and religious groups can operate without interference.
5. Right to Education: Children between the ages of 5 and 16 have the right to free and compulsory education.
The government must ensure that every child gets an education without discrimination.
6. Right to Assembly: Citizens can gather peacefully for protests, meetings, or rallies. This right is allowed
as long as it does not disturb public order or cause harm.
7. Right to Freedom of Association: People can form groups, organizations, or unions for lawful purposes.
However, the government can place restrictions if the group is harmful to public safety or order.
8. Right to Property: Everyone has the right to own, buy, or sell property. No property can be taken away by
the government without following the law and providing proper compensation.
9. Right to Protection Against Slavery and Forced Labor: Slavery, human trafficking, and forcing someone
to work against their will are strictly prohibited. People can only be required to work if it is lawful, such as
community service.
10. Right to Fair Trial: Everyone has the right to be treated fairly in court. This includes being innocent until
proven guilty and having an impartial judge hear the case.
11. Right to Protection Against Arbitrary Detention: No one can be arrested or kept in jail without a proper
reason. This protects people from being imprisoned unlawfully.
12. Right to Privacy: Everyone has the right to privacy in their home, family, and personal communications.
No one can interfere in someone’s private life without legal permission.
13. Rights of Women and Children: Women and children are protected from harm and exploitation. The
government takes steps to ensure their safety, education, and health.
14. Right to Freedom of Movement: People can travel anywhere within Pakistan and live in any part of the
country. This right can only be restricted for security or legal reasons.
15. Right to Protection Against Discrimination in Public Services: Everyone has equal access to public
services, such as education, healthcare, and jobs. No one can be denied these services because of their religion,
race, gender, or caste.
16. Right to Freedom of Trade, Business, and Profession: Citizens can choose any lawful job, business, or
profession they want. However, the government can make rules to ensure fairness and public safety.
Conclusion: The 1973 Constitution protects these fundamental rights to create a fair and equal society in
Pakistan. By ensuring freedom, justice, and equality, these rights uphold the dignity of every citizen and
promote a strong democratic system. The courts play an important role in protecting these rights and
preventing injustices. The Constitution of 1973 remains the guiding legal framework for Pakistan, ensuring
democratic governance and the protection of citizens' rights.
Lecture No 4: Principles of policy
Introduction: The Principles of Policy in the 1973 Constitution of Pakistan offer key guidelines for running
country. They are listed in Part II, Chapter 2 (Articles 29–40) of the Constitution. These principles guide the
government in shaping policies that promote fairness, equality, and the well-being of the citizens.
Here is the detailed discussion:
1. Islamic Way of Life (Article 31): The state will help Muslims live according to the basic teachings of
Islam. It will make arrangements for the teaching of the Quran, Sunnah, and Islamic principles. The state will
encourage unity among people and the practice of Islamic moral values.
2. Promotion of Local Government Institutions (Article 32): The government should support the creation
of local governments. These local governments should give special representation to workers, peasants, and
women. This allows people at the local level to have a voice in governance.
3. Parochial and Other Prejudices (Article 33): The state should work to reduce prejudice, such as
regionalism, tribalism, or racism. It should promote unity and prevent divisions based on ethnicity, region, or
race.
4. Full Participation of Women (Article 34): The government must ensure that women are fully involved in
all areas of national life. This means that women should have equal opportunities in work, education, and
politics.
5. Protection of Minorities (Article 36): The government must protect the rights of religious and ethnic
minorities. Minorities should have the freedom to practice their religion and live according to their beliefs
without fear of discrimination.
6. Promotion of Social Justice and Eradication of Social Evils (Article 37): The state should work to
improve education and eliminate illiteracy. It should provide free education up to the secondary level. The
government must also make healthcare accessible to everyone and fight social issues like gambling and
alcohol.
7. Promotion of Social and Economic Well-being of People (Article 38): The government should ensure
that wealth and resources are fairly distributed. It must focus on the welfare of the poor and marginalized,
providing basic necessities like food, shelter, clothing, and medical care.
8. Participation of People in Armed Forces (Article 39): The government should encourage people to join
the armed forces. This strengthens the country’s defense and fosters a sense of national pride and responsibility.
9. Strengthening Bonds with the Muslim World and International Peace (Article 40): The state will work
to strengthen its relationships with Muslim countries and promote peace and security around the world. It will
also aim to build friendly relations with all other nations. This shows Pakistan’s dedication to its Islamic
identity while also focusing on global cooperation and harmony.
10. Protection of Family, Mother, and Child: The state is responsible for protecting the family as an
important institution. It must also ensure the safety and well-being of mothers and children. The state should
take steps to support and care for them. This includes helping them grow and develop in a healthy environment.
Conclusion: In conclusion, the Principles of Policy in Pakistan’s 1973 Constitution guide the government
towards fairness and justice. They promote equality, protect minorities, support women, and ensure social
well-being. These principles aim to build a strong nation with Islamic values. They also encourage peace and
cooperation with other countries.
Lecture No 05: Federation of Pakistan
The term "Federation of Pakistan" refers to the system of government in which power is shared between the
central federal government and the provincial governments. This setup is outlined in the Constitution of
Pakistan. The goal of the federal system is to balance power between the national government and the
provinces, giving each level clear responsibilities.
1.President
Definition: The President of Pakistan is the head of state and represents the unity of the country. Although
the role is mostly symbolic, the President has some important powers, especially in times of crisis. The
responsibilities, powers, and election process of the President are explained in the Constitution of Pakistan
(1973).
Election Process: The President is elected for a five-year term by an electoral college, which includes:
• Members of the National Assembly (the lower house of Parliament),
• Members of the Senate (the upper house of Parliament),
• Members of the Provincial Assemblies of Punjab, Sindh, Khyber Pakhtunkhwa, and Balochistan.
To become President, a person must:
• Be a Muslim citizen of Pakistan,
• Be at least 45 years old,
• Be eligible to be elected as a member of Parliament.
Role and Functions: The President's main duty is to represent the unity of the nation. The role involves
ceremonial tasks but also includes some constitutional powers:
1. Legislative Role:
• Signs bills passed by Parliament to turn them into laws. A bill becomes law only after the President's
approval.
• Can return a bill to Parliament for reconsideration but must approve it if it is passed again.
• Can issue ordinances (temporary laws) when Parliament is not in session. These must later be approved
by Parliament.
2. Executive Role: The President appoints important officials, including:
• The Prime Minister (usually the leader of the majority party in the National Assembly),
• Governors of provinces,
• Chiefs of the armed forces (Army, Navy, and Air Force),
• Judges of the Supreme Court and High Courts (based on the Prime Minister's advice).
3. Emergency Powers: During an emergency, the President can:
• Dissolve the National Assembly (on the advice of the Prime Minister),
• Suspend some fundamental rights,
• Issue directives to maintain national security and order.
These powers are limited and must be approved by Parliament.
4. Ceremonial Role:
• Represents Pakistan at official events and ceremonies, both in the country and abroad.
• Welcomes foreign dignitaries and manages diplomatic events on behalf of Pakistan.
5. Judicial Powers: The President of Pakistan has limited judicial powers, primarily focused on appointments
and pardons. The President appoints judges of the Supreme Court and High Courts on the advice of the Prime
Minister and the Judicial Commission. Additionally, the President has the authority to grant pardons, reprieves,
and remissions of sentences under Article 45 of the Constitution.
2. Parliament
Definition: Pakistan's Parliament, called the Majlis-e-Shura, is the country’s supreme legislative body. It
operates under a bicameral system, meaning it has two houses:
• National Assembly (lower house)
• Senate (upper house)
The Parliament is responsible for making laws, representing the people, approving budgets, and overseeing
the federal government. Its framework and functions are defined in the Constitution of Pakistan (1973).
Structure of Parliament:
1. National Assembly:
1. Composition:
• Members are directly elected by the people in general elections every five years.
• 336 members in total.
• 266 members are directly elected from constituencies nationwide.
• 60 seats are reserved for women.
• 10 seats are reserved for non-Muslim minorities.
2. Role:
• The National Assembly is the main law-making body and holds more power than the Senate.
• It creates and passes laws, especially money bills, and oversees the work of the federal government.
3. Key Powers:
• Elects the Prime Minister.
• Passes the federal budget and money bills.
• Discusses national policies and keeps the government accountable.
• Approves motions of confidence or no-confidence against the Prime Minister.
4. Tenure: The National Assembly serves for five years unless it is dissolved earlier by the President on the
advice of the Prime Minister.
2. Senate:
1. Composition:
• Members are indirectly elected by members of the Provincial Assemblies.
• Each province gets equal representation, and there are additional seats for Islamabad and smaller areas
like FATA (now part of Khyber Pakhtunkhwa).
• Each province elects 23 senators, with additional seats for women and technocrats.
• The Senate has 104 members, with half of them elected every three years.
2. Role:
• The Senate ensures all provinces are equally represented and protects their interests in the federal
government.
• It reviews, debates, and can change laws passed by the National Assembly.
3. Key Powers:
• Approves laws (except money bills, which only the National Assembly can pass).
• Proposes changes to the Constitution.
• Acts as a forum for national discussions.
4. Term Length: Senators serve six-year terms, with elections held every three years for half of the members.
Functions of Parliament:
1. Lawmaking:
• Parliament is responsible for creating and passing laws.
• Bills can be introduced in either house, except money bills, which must begin in the National Assembly.
2. Constitutional Amendments:
• Parliament can change the Constitution.
• Any amendment requires a two-thirds majority in both the National Assembly and the Senate.
3. Financial Oversight:
• The National Assembly has the power to approve the annual federal budget.
• The National Assembly debates and decides on taxes, spending, and financial policies.
4. Oversight of the Executive:
• Parliament monitors the Prime Minister and the Federal Government's actions.
• Ministers are accountable to Parliament and must answer questions about their work.
• Parliament can remove the Prime Minister through a no-confidence motion.
5. Representation:
• Members of Parliament represent the people and their provinces.
• They bring up local issues to be discussed and solved at the national level.
Legislative Process
• A bill can be introduced in either house (except money bills, which start in the National Assembly).
• The bill is debated, modified, and voted on.
• If both houses approve the bill, it is sent to the President for approval.
• Once the President signs it, the bill becomes law.
3. Federal Government
Definition: The Federal Government of Pakistan is the central government that manages the country’s national
affairs. It works under the guidelines set by the Constitution of Pakistan (1973), which divides the country's
powers and responsibilities between the federal government (the central government) and provincial
governments (governments of individual provinces).
Structure of the Federal Government: The federal government is divided into three branches:
1. Executive 2. Legislative 3. Judiciary
1. Executive Branch: The Executive branch is responsible for carrying out laws, managing national affairs,
and overseeing the functioning of the government. It is led by the Prime Minister and includes the Cabinet.
1. Prime Minister
Role: The Prime Minister is the head of the government and the most powerful political figure in Pakistan.
They handle the daily operations of the government and ensure laws are put into action.
Appointment: The Prime Minister is chosen by the National Assembly from its members. Usually, the leader
of the majority party or coalition in the National Assembly becomes the Prime Minister.
Powers:
• Leads the executive branch and makes important decisions.
• Oversees the Federal Cabinet and national ministries.
• Appoints federal ministers who run different government departments like finance, education, and
health.
• Represents Pakistan internationally and handles foreign relations.
• Proposes laws and policies for Parliament’s approval.
2. Cabinet
Composition: The Cabinet is made up of ministers appointed by the Prime Minister. Many of these ministers
are members of the National Assembly or Senate, and there are also advisors who help with specific issues.
Role: The Cabinet assists the Prime Minister in making decisions about government policies, laws, and
national matters. They manage areas like Finance, Defense, Education, Health, and more.
Functions:
• The Cabinet makes policies, drafts laws, and presents them to Parliament for approval.
• It manages daily operations in government ministries and departments.
• It advises the Prime Minister on national issues and ensures that decisions are carried out.
2. Legislative Branch (Parliament): The Legislative Branch, also called Parliament, is responsible for
making laws, approving the national budget, and overseeing the executive branch. It is made up of two houses:
• National Assembly (Lower House)
• Senate (Upper House)
The main role of Parliament is to pass laws, approve the budget, and ensure the government follows the law.
National Assembly: The National Assembly is the main law-making body, directly elected by the people of
Pakistan. It plays an important role in passing laws, especially financial and budget-related laws.
Senate: The Senate represents the provinces and ensures equal representation in federal matters. It reviews
laws passed by the National Assembly and provides a space for discussion and changes to be made.
3. Judicial Branch: The Judicial Branch interprets the Constitution, ensures that laws are followed, and
protects citizens' rights. The judiciary operates independently of the executive and legislative branches.
Supreme Court of Pakistan
• The Supreme Court is the highest court in Pakistan and is led by the Chief Justice.
 • It has the power of judicial review, meaning it can declare laws or actions unconstitutional if they
violate the Constitution.
High Courts: Provincial High Courts handle legal matters within their provinces but can also deal with federal
cases in some situations.
Lower Courts: The federal government runs lower courts, such as district courts, family courts, and special
courts, which deal with civil, criminal, and administrative cases.
Key Responsibilities of the Federal Government:
1. National Defense: The federal government is responsible for the country’s defense. It oversees the military
and works to protect Pakistan from any outside threats to its security.
2. Foreign Policy: The federal government handles Pakistan’s relationships with other countries. It makes
decisions about diplomacy, trade, and agreements with foreign governments and international organizations.
3. Federal Law Enforcement: The federal government enforces laws that apply to the whole country. This
includes managing police and security agencies to fight crime and ensure safety at the national level.
4. National Legislation: The federal government makes laws that apply to everyone in Pakistan. These laws
cover national issues like money, immigration, and taxes.
5. Economic Management: The federal government manages Pakistan’s economy. It decides on things like
taxes, government spending, and how national resources are used. It also creates economic policies that affect
all the provinces.
6. Coordination Between Provinces: The federal government ensures that all provinces are treated fairly. It
makes sure that national decisions are good for the whole country and do not favor one province over another.
Federal Ministries and Divisions: The federal government comprises various ministries and divisions, each
responsible for specific sectors:
1. Ministry of Finance, Revenue, and Economic Affairs: Oversees economic policy, government
expenditure, and financial regulations.
2. Ministry of Foreign Affairs: Manages Pakistan's foreign relations and diplomatic missions.
3. Ministry of Interior: Handles internal security, law enforcement, and immigration matters.
4. Federal Board of Revenue (FBR): Responsible for tax collection and enforcement of tax laws.
Lecture No 06: Provinces
Introduction: Pakistan is a federal country with four main provinces: Punjab, Sindh, Khyber Pakhtunkhwa
(KP), and Baluchistan. Each province has its own government to take care of local issues. The federal
government looks after national matters. The Constitution of Pakistan explains the duties and powers of both
the federal and provincial governments to make sure everything runs smoothly.
1. Punjab
Meaning: Punjab means "Land of Five Rivers."
Location: It lies in eastern Pakistan, sharing borders with Sindh, KP, Baluchistan, Islamabad, Azad Kashmir,
and the Indian states of Punjab and Rajasthan.
Capital: Lahore, known for its cultural heritage and economic importance.
Population: Punjab is Pakistan's most populated province.
Language: Punjabi is widely spoken, along with Urdu and English for official purposes.
Economy: Punjab is the agricultural hub of Pakistan, producing wheat, rice, and sugarcane. Industrial cities
like Faisalabad and Sialkot contribute to exports.
Culture: The province is famous for festivals, music, and delicious traditional food.
2. Sindh
Location: Sindh is in southeastern Pakistan, bordering Baluchistan, Punjab, the Arabian Sea, and the Indian
states of Gujarat and Rajasthan.
Capital: Karachi, Pakistan's largest city and its main financial and industrial center.
Population: Sindh has a mix of Sindhis, Urdu-speaking communities, and other ethnic groups.
Language: Sindhi is the primary language, with Urdu and English commonly spoken in cities.
Economy: Sindh has a strong industrial base and natural resources like gas and coal. Karachi plays a key role
in trade, shipping, and exports.
Culture: Known for its historical sites like Mohenjo-Daro and its Sufi traditions reflected in music, poetry,
and art.
3. Khyber Pakhtunkhwa (KP)
Location: KP lies in northwestern Pakistan, bordering Afghanistan, Azad Kashmir, Punjab, and Baluchistan.
Capital: Peshawar, historically a trade gateway between South and Central Asia.
Population: Mainly Pashtuns, with smaller groups like Hindkowans.
Language: Pashto is the main language, with Hindko and Urdu spoken in some areas.
Economy: Agriculture, forestry, and tourism are key industries. The scenic Swat Valley and northern areas
like Chitral and Hunza attract visitors.
Culture: KP is known for its hospitality, tribal customs, and historical sites such as forts and ancient ruins.
4. Baluchistan
Location: The largest province by area, in southwestern Pakistan, bordering Iran, Afghanistan, KP, Punjab,
Sindh, and the Arabian Sea.
Capital: Quetta, the province's administrative and economic center.
Population: The least populated province, with Baloch, Pashtun, and Brahui communities.
Language: Balochi and Pashto are widely spoken, along with Brahui and Urdu.
Economy: Rich in natural resources like gas, coal, and minerals but less developed in infrastructure and
education.
Culture: Unique traditions, nomadic lifestyles, and crafts define Baluchistan's cultural identity.
5. Autonomous Territories
1. Azad Jammu and Kashmir (AJK): Located in the northern part of the country, AJK encompasses the
lower part of the Himalayas, including peaks like Jamgarh (15,531 feet).
2. Gilgit-Baltistan: Situated in the northern region, Gilgit-Baltistan is renowned for its mountainous
landscapes, including five of the world's "eight-thousanders" and over fifty peaks above 7,000 meters. The
main hubs for expeditions are Gilgit and Skardu.
Powers and Responsibilities of Provincial Governments:
1. Provincial Autonomy: The Constitution of Pakistan gives provinces the power to manage local matters on
their own. In 2010, the 18th Amendment increased these powers, allowing provinces more control over areas
like education, health, and natural resources. This helps provinces address their unique needs effectively.
2. Governance: Each province has a Governor, who is appointed by the federal government, and a Chief
Minister, who is elected by the provincial assembly. The Chief Minister leads the provincial government and
works with a Cabinet to make and implement decisions for the province.
3. Legislative Powers: Provinces can make laws about certain topics listed in the Provincial Legislative List,
such as education, agriculture, and local policing. They also have the authority to collect taxes within their
area to fund development and services.
4. Coordination with Federal Government: Provinces and the federal government work together on issues
like national security, energy, and major infrastructure projects. If disagreements arise between provinces or
with the federal government, they are resolved through the Council of Common Interests (CCI), which ensures
fairness and cooperation.
1. Governers
Introduction: The Governor represents the President of Pakistan in each province and serves as the
ceremonial head of the provincial government. Their role, defined by the 1973 Constitution, is mostly
symbolic, acting as a link between the federal and provincial governments, while real executive powers lie
with the Chief Minister and Provincial Assembly.
1. Appointment: The Governor of each province in Pakistan is chosen by the President of Pakistan based on
the advice of the Prime Minister. This process ensures that the Governor's selection aligns with the goals of
the federal government.
2. Qualifications: To become a Governor, a person must:
• Be qualified to be elected as a member of the National Assembly.
• Be at least 35 years old.
• Be a registered voter and a resident of the province they will govern.
• Be a citizen of Pakistan.
3. Term Duration: The Constitution does not set a specific time limit for how long a Governor can serve. A
Governor stays in office as long as the President wants. Often, this depends on changes in the federal
government.
4. Restrictions: While serving as a Governor:
• They cannot hold any other job that pays money in Pakistan's government.
• They must not have any position that gives them a salary for services.
• They cannot run for election to the National Assembly or a Provincial Assembly. If a member of either
Assembly is appointed Governor, they lose their seat when they take the position.
5. Acting on Advice: In all their duties, the Governor must follow the advice of the Chief Minister or the
provincial cabinet. This ensures that the elected representatives' decisions guide the Governor's actions.
6. Succession: If a Governor cannot perform their duties or is absent, the Speaker of the Provincial Assembly
takes over as Acting Governor. If the Speaker is unavailable, the President can choose someone else to act as
Governor until the original Governor returns.
Powers and Functions:
1. Ceremonial Role: The Governor represents the province at official events and ceremonies, hosts important
guests like foreign dignitaries or federal officials, and performs formal duties.
2. Legislative Role: The Governor can call or end Provincial Assembly sessions on the Chief Minister's advice,
approve bills to make them law, or return bills for reconsideration. They can also dissolve the assembly if
advised by the Chief Minister, except in emergencies.
3. Executive Role: The Governor appoints the Chief Minister, usually the leader of the majority party, and
administers oaths to the Chief Minister and other ministers. They also appoint members of the Provincial
Public Service Commission.
4. Oversight Role: The Governor acts as a link between federal and provincial governments, ensuring the
provincial administration follows the Constitution.
5. Emergency Powers: In emergencies, the Governor can take control of the province under Article 234 of
the Constitution, but such actions need approval from the President and Parliament.
Current Governors (as of December 14, 2024):
• Punjab: Sardar Saleem Haider Khan (from Attock district, former federal minister and Special
Assistant to the Prime Minister).
• Sindh: Kamran Tessori.
• Khyber Pakhtunkhwa (KP): Haji Ghulam Ali.
• Baluchistan: Jan Mohammad Jamali.
• Gilgit-Baltistan: Syed Mehdi Shah.
2. Provincial Assemblies
Introduction: Provincial Assemblies in Pakistan's four provinces—Punjab, Sindh, Khyber Pakhtunkhwa, and
Baluchistan—make laws, oversee the provincial government, and work for the welfare of the people,
following the 1973 Constitution.
Composition and Membership: Each Provincial Assembly has members elected directly, with seats
allocated based on population size and divided into general seats, reserved seats for women, and reserved seats
for non-Muslims.
1. Punjab Assembly: Largest with 371 seats—297 general, 66 for women, and 8 for non-Muslims.
2. Sindh Assembly: Total of 168 seats—130 general, 29 for women, and 9 for non-Muslims.
3. Khyber Pakhtunkhwa Assembly: Contains 145 seats—115 general, 26 for women, and 4 for non-Muslims.
4. Baluchistan Assembly: Smallest with 65 seats—51 general, 11 for women, and 3 for non-Muslims.
Leadership Positions:
1. Speaker and Deputy Speaker: The Provincial Assembly elects a Speaker and a Deputy Speaker to manage
its meetings and maintain order during discussions.
2. Leader of the House: The Chief Minister, chosen by the Provincial Assembly, leads the provincial
government.
3. Leader of the Opposition: The Leader of the Opposition represents the opposition parties and ensures the
government is held accountable.
Functions and Powers of Provincial Assemblies:
1. Legislative Functions: Provincial Assemblies can make laws on topics listed in the Provincial Legislative
List of the Constitution. These include local matters like education, healthcare, agriculture, policing, urban
planning, and provincial taxes. Bills are discussed, changed if needed, and voted on before being sent to the
Governor for approval to become law.
2. Budget and Finance: The assembly reviews and approves the yearly provincial budget presented by the
government. It decides on taxes and allocates money for development projects, education, healthcare, and
other areas.
3. Oversight of the Provincial Government: The assembly ensures the Chief Minister and ministers are
accountable for their work. Members can ask questions, debate policies, and discuss issues affecting the
province. They can also pass votes of confidence or no-confidence to support or remove the Chief Minister.
4. Representation of the People: Members represent their areas, raise local problems in the assembly, and
act as a link between the people and the government.
5. Constitutional Amendments: Provincial Assemblies take part in approving changes to the Constitution,
especially those that affect provincial powers or interests.
Current Assemblies:
1. Punjab Assembly: Located in Lahore, it is the largest provincial legislature.
2. Sindh Assembly: Based in Karachi, it represents the Sindh province.
3. Khyber Pakhtunkhwa Assembly: Situated in Peshawar, it serves the KP province.
4. Baluchistan Assembly: Located in Quetta, it represents Baluchistan province.
3. Provincial Government
Introduction: The Provincial Government manages each of Pakistan’s four provinces—Punjab, Sindh,
Khyber Pakhtunkhwa, and Baluchistan. Guided by the 1973 Constitution, it handles provincial affairs, makes
laws, and implements policies for the people’s welfare.
Structure of the Provincial Government: It has three branches:
1. Executive Branch: The executive branch handles the daily running of the province and makes sure laws
passed by the Provincial Assembly are carried out.
• Chief Minister: The Chief Minister is the leader of the provincial government, similar to the Prime
Minister at the federal level. Elected by the Provincial Assembly, the Chief Minister leads the cabinet
and makes decisions about policies and governance.
• Governor: The Governor is the ceremonial head of the province, representing the President of
Pakistan. Appointed by the President, their role is mostly symbolic, and the real power lies with the
Chief Minister.
• Provincial Cabinet: The Provincial Cabinet is made up of ministers chosen by the Chief Minister.
Each minister is responsible for a specific department, like health, education, or agriculture.
2. Legislative Branch: The Provincial Assembly makes laws, approves the budget, and checks on the
provincial government. Its members, known as Members of the Provincial Assembly (MPAs), are elected by
the people.
3. Judiciary: The provincial judiciary makes sure laws are followed and justice is served. This includes High
Courts, which are part of Pakistan's national judicial system.
Local Government: Provinces are divided into districts, tehsils, and union councils, each having its own local
government system. These local bodies manage community-level affairs and development, working under the
supervision of the provincial government.
Inter-Governmental Relations: The federal and provincial governments work together on issues listed in the
Concurrent Legislative List. The Council of Common Interests (CCI) is a constitutional body that helps resolve
disputes and ensures cooperation between the federal government and the provinces.
Responsibilities and Powers of the Provincial Government: The Provincial Government, guided by the
Constitution of Pakistan, manages local matters, creates laws, and implements policies for the province’s
welfare.
Responsibilities:
1. Lawmaking: Provincial Assemblies legislate on local issues such as education, health, agriculture, policing,
urban and rural development, and taxation.
2. Development Projects: It plans and executes projects to improve infrastructure, transportation, and public
services, focusing on the province's specific needs, such as irrigation for agriculture.
3. Revenue Collection: Manages provincial taxes (e.g., property and agricultural income taxes) to fund local
projects and services.
Powers:
1. Provincial Autonomy: The 18th Amendment enhanced provincial powers, giving control over health,
education, and resource management.
2. Exclusive Powers: Provinces independently govern areas listed in the Provincial Legislative List, including
agriculture, local government, public health, and land management.
3. Shared Powers: In areas like environmental protection and social welfare, provinces collaborate with the
Federal Government for effective management.
Lecture No 07: The Judicature
Definition: The term "judicature" refers to the system of courts and judges responsible for administering
justice within a legal framework. It encompasses the entire judicial process, including the establishment of
courts, the appointment of judges, and the procedures followed to resolve legal disputes.
Key Features of the Judicature
1. Independence: The judiciary in Pakistan is separate from the government and lawmakers. This means the
courts can make decisions without being influenced by politics or the government, ensuring fair and unbiased
justice.
2. Judicial Review: The judiciary can check laws, government policies, and actions to make sure they follow
the Constitution. If something goes against the Constitution, the courts can declare it unconstitutional.
3. Role in Upholding the Constitution: The judiciary is responsible for interpreting the Constitution and
making sure it is followed. If there is a conflict between the Constitution and other laws, the courts decide
which one is more important.
1. Supreme Court
Definition: The Supreme Court of Pakistan is the highest court in the country. It interprets the Constitution
and laws. Its decisions must be followed by all other courts in Pakistan.
Composition: The Supreme Court of Pakistan is composed of:
1. Chief Justice of Pakistan (CJP): The Chief Justice is the head of the Supreme Court and the leader of
Pakistan's judiciary. They handle all important constitutional and legal cases.
2. Judges: The Supreme Court includes the Chief Justice and other judges. The number of judges is decided
by Parliament. In November 2024, a new law increased the number of judges from 17 to 34.
3. Benches: The Court works in smaller groups of judges (called benches) or as a full court, depending on
how big or important a case is.
Jurisdiction of the Supreme Court
1. Original Jurisdiction: The Supreme Court has the power to hear certain cases directly without them going
through lower courts like cases of disputes between governments or fundamental rights cases.
2. Appellate Jurisdiction: The Supreme Court listens to appeals from decisions made by High Courts or
special courts. Appeals can involve civil, criminal, or constitutional issues.
3. Advisory Jurisdiction: The President of Pakistan can ask the Supreme Court for advice on important legal
or constitutional questions. This is allowed under Article 186 of the Constitution.
Functions and Powers: The Supreme Court of Pakistan has many important powers to uphold the law and
protect the Constitution:
1. Judicial Functions: It hears appeals in civil and criminal cases from High Courts and lower courts and acts
as the final authority on legal decisions in Pakistan.
2. Constitutional Functions: The Court interprets and enforces the Constitution, settles disputes between the
federal and provincial governments, and ensures that government actions and laws follow the Constitution.
3. Supervisory Functions: It oversees lower courts to ensure they work properly and uphold justice.
4. Suo Moto Powers: Under Article 184(3), the Court can start cases on its own when public interest or basic
rights are involved.
Judges:
1. Appointment: Judges of the Supreme Court are appointed by the President of Pakistan. The Judicial
Commission of Pakistan (JCP) suggests qualified candidates for the job. This process ensures fairness,
transparency, and independence in appointing judges.
2. Qualification: To become a Supreme Court judge, a person must meet these requirements:
• Citizenship: The person must be a Pakistani citizen.
• Legal Experience: They need at least 15 years of experience as a lawyer in a High Court or 5 years
as a judge in a High Court.
• Character and Knowledge: The person must have good moral character and strong knowledge of
constitutional and legal matters.
3. Tenure: Judges serve until they turn 65 years old. They can choose to resign or be removed for misconduct.
4. Removal: Judges can only be removed through a formal process to protect judicial independence:
• Supreme Judicial Council (SJC): Complaints about a judge’s misconduct or incapacity are
investigated by the SJC, a group of senior judges. If the judge is found guilty, the SJC recommends
their removal to the President of Pakistan.
• Grounds for Removal:
Incapacity: Physical or mental inability to perform duties.
Misconduct: Violating judicial ethics or being involved in corruption.
2. High Courts
Definition: In Pakistan, High Courts are the main courts at the provincial level, just below the Supreme Court.
Each High Court handles cases for its province or territory and deals with appeals and new cases in different
legal matters.
1. Structure and Composition
A. Number of High Courts in Pakistan: Pakistan has five High Courts, each located in the capital city of its
province or territory:
• Lahore High Court: Based in Lahore, it handles cases for the Punjab province.
• Sindh High Court: Located in Karachi, it deals with legal matters in Sindh province.
• Peshawar High Court: Situated in Peshawar, it serves Khyber Pakhtunkhwa province.
 • Baluchistan High Court: Located in Quetta, it oversees cases in Baluchistan province.
• Islamabad High Court: Based in Islamabad, it manages legal matters for the Islamabad Capital
Territory.
B. Chief Justice and Judges: Each High Court is led by a Chief Justice and includes other judges. The number
of judges depends on the needs of the province, the number of cases, and decisions made by the federal
government. Judges are appointed by the President of Pakistan based on recommendations from the Judicial
Commission of Pakistan.
C. Benches: High Courts have main offices (principal benches) and additional branches (circuit benches) in
other cities to make it easier for people to access justice. For example, the Lahore High Court has circuit
benches in Rawalpindi, Multan, and Bahawalpur.
2. Jurisdiction of High Courts
A. Original Jurisdiction: They can hear cases directly, particularly those involving the enforcement of
fundamental rights, and have the authority to issue writs, such as:
• Habeas Corpus: A writ to release someone unlawfully detained.
• Mandamus: A writ ordering action by a public official.
• Prohibition: A writ halting a lower court from acting beyond its powers.
• Quo Warranto: A writ challenging a person’s right to hold office.
• Certiorari: A writ for reviewing a lower court’s ruling.
B. Appellate Jurisdiction: High Courts handle appeals from lower courts, such as civil courts, criminal courts,
and tribunals. This means they review decisions made by these courts to correct any mistakes.
C. Supervisory Jurisdiction: They supervise and control all subordinate courts within their territorial limits,
ensuring the proper administration of justice.
3. Functions and Powers of High Courts
1. Administration of Justice: High Courts make sure justice is served fairly and without bias. They deal with
both civil and criminal cases brought to them.
2. Protection of Fundamental Rights: High Courts protect people's basic rights by stepping in when these
rights are violated.
3. Interpretation of Laws: High Courts explain and interpret both local and national laws to solve disputes
and clarify legal issues.
4. Oversight of Subordinate Courts: High Courts supervise lower courts to make sure their decisions follow
the law correctly.
4. Appointment, Qualification, and Removal of Judges
1. Appointment: Judges are appointed by the President of Pakistan based on recommendations from the
Judicial Commission of Pakistan (JCP) and approval by a Parliamentary Committee.
2. Qualifications for Judges: To be appointed as a judge of a High Court, a person must meet these
conditions:
• Citizenship: Must be a citizen of Pakistan.
• Legal Experience: Must have at least 10 years of experience as a lawyer in a High Court or have
served as a judge in a lower court for at least 10 years.
• Moral Character: Must be honest, fair, and have good legal knowledge.
3. Tenure: High Court judges serve until they turn 62 years old.
4. Removal: Judges can only be removed through:
• Supreme Judicial Council (SJC): This body looks into complaints of wrongdoing or incapacity. If
they find the judge guilty, they recommend removal to the President.
• Voluntary Resignation: Judges can choose to resign before reaching the end of their term.
3. Federal Shariat Courts
Definition: The Federal Shariat Court (FSC) of Pakistan is a specialized judicial body established to ensure
that the laws of the country align with Islamic principles. It ensures that laws follow Islamic teachings. It
reviews laws and handles cases related to Islamic criminal laws and personal matters.
Establishment: The Federal Shariat Court of Pakistan was established on 26th May 1980 under the orders of
General Zia-ul-Haq, as part of his efforts to Islamize the legal system of Pakistan. It was created through the
Constitution (Amendment) Order, 1980 under Article 203 of the Constitution of Pakistan.
Composition of the Federal Shariat Court
1. Judges: The Federal Shariat Court has a Chief Justice and eight other judges.
• The President of Pakistan appoints these judges after consulting with the Chief Justice of Pakistan and
the Chief Justice of the concerned High Court.
 • At least half of the judges must be Islamic scholars who specialize in Islamic law (Sharia). The other
judges must be legal experts with experience in law and constitutional matters.
2. Qualifications of Judges: To become a judge of the Federal Shariat Court, a person must meet specific
qualifications:
• For Legal Judges: Must have at least 10 years of legal experience, either as a High Court judge or as
a Supreme Court advocate.
• For Islamic Scholars: Must have deep knowledge of Islamic law, particularly in Fiqh (Islamic
jurisprudence), Ulum (Islamic studies), and Sharia.
Functioning of the Federal Shariat Court
1. Role in Legal Reform: The Federal Shariat Court plays an important role in making sure that Pakistan’s
laws align with Islamic principles. It reviews and recommends changes to laws as needed. For example, The
Hudood Ordinance (1979), introduced by General Zia-ul-Haq, was refined over time with the help of the
Federal Shariat Court to better match Islamic law.
2. Appeals Process: Decisions of the Federal Shariat Court are final and must be followed unless they are
overturned by the Supreme Court of Pakistan. Appeals can be made to the Shariat Appellate Bench of the
Supreme Court, which specifically handles cases related to Sharia law.
3. Advisory Role: The Federal Shariat Court can give advice to the government or the legislature on whether
laws or proposed laws follow Islamic principles. However, it cannot directly change laws. It mostly gives
advice but can enforce Islamic conformity through its decisions.
Special Areas of Jurisdiction
1. Hudood Laws: The court plays a major role in handling cases related to Hudood laws, which deal with
punishments under Islamic law, such as:
• Zina: Adultery and fornication
• Qisas: Retaliation for causing injury or death
• Tazir: Punishments for crimes not specifically mentioned in the Quran or Hadith
The Federal Shariat Court ensures these laws are applied according to Islamic principles.
2. Family Law: The court also deals with issues related to family matters, including:
• Inheritance: Ensuring property distribution follows Islamic rules of succession.
• Marriage and Divorce: Handling cases related to Islamic marital laws.
3. Islamic Banking: Sometimes, the Federal Shariat Court deals with matters related to Islamic banking and
financial transactions. It ensures that these practices follow Sharia principles, especially regarding:
• Riba (usury or interest) and other financial practices that are prohibited in Islam.
4. Supreme Judicial Council
Definition: The Supreme Judicial Council (SJC) is a constitutional body created under Article 209 of
Pakistan's 1973 Constitution. Its main job is to handle complaints against judges of the Supreme Court, High
Courts, and Federal Shariat Court. The SJC helps maintain the honesty, independence, and fairness of the
judiciary in Pakistan.
Composition of the Supreme Judicial Council: The SJC comprises five members:
• The Chief Justice of Pakistan, who serves as the Chairman.
• The two most senior judges of the Supreme Court.
• The two most senior Chief Justices of the High Courts.
The Registrar of the Supreme Court acts as the Secretary of the Council.
Powers and Functions:
1. Inquiry into Misconduct or Incapacity: The Supreme Judicial Council (SJC) looks into complaints about
judges if they are accused of doing something wrong or if they can’t do their job properly. Doing something
wrong means a judge might break the rules, act unfairly, or behave badly. Not being able to do the job means
the judge might have a health problem that makes it hard for them to work.
2. Recommendations for Removal: If the SJC finds out that a judge has done something wrong or can't do
their job, it can suggest that the judge should be removed from their job. The President of Pakistan then follows
a special process to remove the judge, as explained in Article 209 of the Constitution.
Process of Inquiry and Investigation
1. Initiation of Proceedings: A complaint about a judge’s misconduct or inability to do their job can be filed
with the Supreme Judicial Council. The complaint can come from the President or from citizens who have
strong evidence. The SJC then does a first check to see if the complaint is valid and if it needs a full
investigation.
2. Investigation: The SJC reviews complaints by checking evidence, holding hearings, and allowing the judge
to defend themselves. If the complaint is serious, a formal investigation starts. The process remains private to
protect the judge’s reputation until guilt is proven.
3. Findings and Recommendations: After the SJC finishes its investigation, it shares its findings with the
President. If the judge is found guilty of misconduct or incapacity, the SJC recommends removing the judge,
and the President may order their removal. If the judge is cleared, the case is closed, and no action is taken.
The President follows the SJC's recommendation to remove the judge if necessary.
5. Administrative Courts and tribunals
Definition: Administrative Courts and Tribunals are special bodies that deal with disagreements between
people and government departments. They focus on issues that need expert knowledge and provide quicker
solutions than regular courts.
Composition:
1. Composition of Administrative Courts: Administrative courts are usually led by a judge who knows
about administrative law, often from the regular judiciary. These courts are less formal than regular courts,
and a single judge or a group of judges may handle cases depending on how complex they are.
2. Composition of Administrative Tribunals: Administrative tribunals are made up of different members,
including:
• Judicial members (sometimes with a background in law).
• Expert members with knowledge in areas like finance, taxation, land management, or public
administration.
These members are chosen by the government or an independent authority and typically serve for fixed periods.
Having expert members helps ensure decisions are based on practical knowledge in specific areas of
administration.
Powers and Functions
1. Quasi-Judicial Functions: Administrative courts and tribunals have powers similar to courts, which allow
them to:
• Resolve disputes between individuals and government authorities.
• Interpret laws and rules about government actions.
2. Judicial Review: Administrative courts can review government actions to check if they are legal. They
decide whether the government’s actions are lawful and follow the Constitution and basic justice principles.
3. Enforcement of Rights: These courts and tribunals protect citizens' rights by making sure the government
doesn’t violate them. They can offer solutions like restoring rights or jobs for government employees in related
cases.
Examples of Administrative Courts and Tribunals in Pakistan
1. Service Tribunals: Service Tribunals in Pakistan handle disputes between government employees and the
government. They deal with issues like promotions, job terminations, transfers, discipline, and retirement
benefits. For instance, the Federal Service Tribunal (FST) handles problems related to federal employees,
while Provincial Service Tribunals deal with issues for provincial government workers.
2. Tax Tribunals: Tax Tribunals resolve issues related to taxes, such as disagreements over tax amounts, tax
evasion cases, and issues between taxpayers and the Federal Board of Revenue (FBR). Examples include the
Appellate Tribunal Inland Revenue (ATIR) and the Customs Appellate Tribunal.
3. Competition Appellate Tribunal: This tribunal hears appeals against decisions made by the Competition
Commission of Pakistan, ensuring that businesses follow fair competition rules.
4. Anti-Dumping Appellate Tribunal: This tribunal deals with cases related to anti-dumping duties imposed
by the National Tariff Commission, aiming to protect local industries from unfair foreign trade practices.
Lecture No 08: Islamic Provisions in Constitution
Introduction: The Constitution of Pakistan declares Islam as the state religion and requires all laws to align
with the Quran and Sunnah. There are following Islamic provisions:
Key Islamic Provisions of the 1973 Constitution of Pakistan
1. Sovereignty of Allah Almighty: The constitution states that Allah Almighty has complete sovereignty over
the world. Public representatives will use their powers as a sacred trust given by Allah Almighty.
2. Definition of Muslim: The constitution of 1973, for the first time, included the definition of a Muslim. A
Muslim is a person who believes in the Oneness of Allah Almighty, the absolute finality of the Prophethood
of Hazrat Muhammad (PBUH), the Day of Judgment, and the books of Allah Almighty.
3. Name of Country: The constitution declares that the name of the country will be the Islamic Republic of
Pakistan. This name shows that Pakistan is an Islamic welfare state.
4. President and Prime Minister Must Be Muslims: The constitution says that only Muslims can be elected
as the president or prime minister of Pakistan.
5. Official Religion and Islamic Teachings: The constitution declares Islam as the official religion of
Pakistan. It explains that the country's legal framework must follow the basic principles of Islam. The
government must also take steps to ensure religious teaching for Muslims.
6. Islamic Values: The constitution explains that Islamic values, such as democracy, justice, tolerance, liberty,
and equality, must be followed in the country.
7. Teaching of Arabic Language and Printing of the Holy Quran: Arabic must be taught as a compulsory
subject from sixth to eighth grade in schools. The Holy Quran must be printed without any errors.
8. Abolition of Interest: The government must abolish interest and ensure that the country’s economy
becomes free from it.
9. Zakat and Ushr System: The constitution states that the Islamic system of Zakat and Ushr will be
implemented for Muslims.
10. Relations with Islamic Countries: The constitution promises that the government will take steps to
strengthen relations with Islamic countries and bring them closer.
11. Establishment of Council of Islamic Ideology: The constitution calls for forming a Council of Islamic
Ideology. This council will help establish an Islamic society by guiding the government on making laws based
on Islamic teachings.
12. Protection of the Rights of Minorities: The constitution guarantees full protection and equal rights to all
minorities living in Pakistan.
Lecture No 09: Significant Amendments of Constitution of Pakistan 1973
Definition of Amendment: An amendment is a formal change or addition made to a law, constitution, or
legal document. It is usually made to update, improve, or clarify the original text or to address new
circumstances. In the context of a constitution, amendments typically require a specific procedure, such as
approval by a legislative body or a referendum.
Constitutional Amendments of Pakistan
1. First Amendment (May 1974): This amendment confirmed the boundaries of Pakistan’s four provinces
and officially included FATA (Federally Administered Tribal Areas) as a part of Pakistan.
2. Second Amendment (September 1974): This amendment explained who is considered a Muslim. It also
declared Ahmadis as non-Muslims.
3. Fifth Amendment (September 1976): The term of the Chief Justice of the Supreme Court was fixed at 5
years, while the Chief Justice of the High Court was given a 4-year term. Judges of the High Court could also
be transferred from one High Court to another.
4. Eighth Amendment (November 1985): The President of Pakistan was given the power to dismiss the
National Assembly and the Government. The President was also allowed to appoint the heads of the Army,
Navy, and Air Force. The term for senators was fixed at six years.
5. Thirteenth Amendment (April 1997): This amendment took away the President’s power to dismiss the
government and dissolve assemblies. The President could only appoint the heads of the Army, Navy, and Air
Force after consulting the Prime Minister.
6. Fourteenth Amendment (July 1997): A new law called the "Defection Clause" (Article 63-A) was added.
This law made it illegal for assembly members to switch from one political party to another.
7. Seventeenth Amendment (December 2003): The President was once again given the authority to dissolve
the National Assembly and the Government. However, the President had to send a reference to the Supreme
Court within 15 days of making such a decision.
8. Eighteenth Amendment (April 2010): The powers of the President to dismiss the government and dissolve
assemblies were removed. The President could only make appointments to higher posts based on the advice
of the Prime Minister. Additionally, NWFP (North-West Frontier Province) was renamed "Khyber
Pakhtunkhwa."
9. Twentieth Amendment (February 2012): This amendment made it mandatory for the Prime Minister and
the opposition leader to consult each other when appointing a caretaker Prime Minister.
10. Twenty-Second Amendment (June 2016): This amendment clarified the powers and responsibilities of
the Chief Election Commissioner.
11. Twenty-Fourth Amendment (2017): Based on the census, the number of seats in the National Assembly
was reduced from 342 to 336.
12. Twenty-Fifth Amendment (May 2018): FATA (Federally Administered Tribal Areas) was officially
merged with Khyber Pakhtunkhwa.