Azad Kashmir government
58-422: Azad Kashmir government Government of Gilgit-Baltistan Local government Constitution of Pakistan Territorial election commission Elections Provincial elections Territorial elections Political parties Provinces Autonomous region Customs Regional topics The Constitution of Pakistan ( Urdu : آئینِ پاکستان ; ISO : Āīn-ē-Pākistān ), also known as
116-539: A 25-member committee led by Mahmud Ali Kasuri on April 17, 1972, to prepare a draft of a permanent constitution for Pakistan. On October 20, 1972, the draft bill for the constitution was signed by leaders of all parliamentary groups in the National Assembly. A bill to provide a constitution for the Islamic Republic of Pakistan was introduced in the assembly on February 2, 1973. The assembly passed
174-510: A ceremonial Head of State who is to represent the unity of the state. The first six articles of the constitution outline the political system as federal parliamentary republic system; as well as Islam as its state religion . The Constitution also encapsulates provisions stipulating the legal system's compliance with Islamic injunctions contained in the Quran and Sunnah. The Parliament cannot make any laws which may be repugnant or contrary to
232-416: A delicate balance of power among the country's institutions. The Constitution defined the role of Islam ; Pakistan was to be a Federation of Four Provinces and shall be known as the Islamic Republic of Pakistan; introduction of check and balances , separation of powers , and provided the federal system under which the government should govern. The Constitution established a " Bicameral Parliament " as
290-745: A large scale general strike all over the country. Under pressure by the PPP, President Yahya postponed the National Assembly session on 25 March which came as a shattering disillusionment to the AL and their supporters throughout East Pakistan. It was seen as a betrayal and as proof of the authorities of the Pakistan to deny them the fruits of their electoral victory. This resulted in the outbreak of violence in East Pakistan. The Awami League launched
348-580: A legislative authority that consists of the Senate as Upper house (providing equal provincial representation), and National Assembly as Lower house (providing the will and representation of people). The Constitution put stipulation on the eligibility of becoming President and Prime Minister that only " Muslim " of not less than forty-five years of age and is qualified for becoming the Prime Minister . No law repugnant to Islam shall be enacted and
406-552: A non-co-operation movement as they virtually controlled the entire province. Due to disturbances in East Pakistan , no National Assembly session was called and the military moved into East Pakistan and executed Operation Searchlight . The civil disobedience movement turned into an armed liberation movement backed by India . With India successfully intervening in the conflict, the Pakistan military surrendered to
464-768: A radio talk addressed to the people of Pakistan , broadcast in February 1948, Jinnah expressed his views regarding Pakistan's constitution-to-be in the following way: The Constitution of Pakistan is yet to be framed by the Pakistan Constituent Assembly, I do not know what the ultimate shape of the constitution is going to be, but I am sure that it will be of a democratic type, embodying the essential principles of Islam. Today these are as applicable in actual life as these were 1300 years ago. Islam and its idealism have taught us democracy. It has taught equality of man, justice and fair play to everybody. We are
522-627: Is elected by the Azad Kashmir Legislative Assembly and is supported by a council of ministers. (S&GA). Ministry of Home Affairs The Azad Kashmir Legislative Assembly, also known as the AJK Legislative Assembly, is a unicameral legislature of elected representatives. The assembly consists of 41 elected members and eight co-opted members of whom five are women, one is from the Ulama community, one
580-603: Is from Jammu and Kashmir technocrats and other professionals, and one is from Jammu and Kashmir nationals residing abroad. The Supreme Court of Azad Jammu and Kashmir is the highest court of appeals in Azad Kashmir. It consists of a chief justice and two other judges. The number of judges in the supreme Court has been fixed at three by the Azad Kashmir Interim Constitution Act of 1974. The high court of Azad Kashmir , which serves as
638-684: Is important to mention that 21 members out of 69 voted for the Objectives Resolution. The assembly had a majority of Muslim League members, with the Pakistan National Congress , the successor to the INC in the state, forming the second largest party, solely representing Hindus . The assembly was widely criticised for its incompetence. Addressing a rally in Lahore on October 14, 1950, Syed Abul Ala Maududi , leader of
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#1732764986141696-643: Is still the case in Canada, Australia etc. Before writing a constitution, a Constituent Assembly passed the Objectives Resolution , on the insistence of the ulama and Jamaat-e-Islami , in March 1949 to define the basic directive principles of the new state and to declare state recognition of the sovereignty of Allah over the universe. The Objectives Resolution affirmed the role of democracy and contained religious provisions to enable society to adhere to
754-420: Is the state government which administers one of the territories of Pakistani-administered Kashmir territories of Azad Kashmir . The Azad Kashmir government consists of a president as head of state and a prime minister as chief executive, with the support of a council of ministers. The state assembly is the Azad Kashmir Legislative Assembly . The chief executive of the government is the prime minister, who
812-435: The 1973 Constitution , is the supreme law of Pakistan . The document guides Pakistan's law, political culture, and system. It sets out the state's outline, the fundamental rights of the population, the state's law and orders, and also the structure and establishment of the institutions and the armed forces. Drafted by the government of Zulfikar Ali Bhutto , with additional assistance from the country's opposition parties , it
870-518: The AL refused to make concessions over its six points to draft the constitution and instead maintaining that the AL was able to frame a constitution and to form a central government on its own. The PPP was not willing to dilute the authority of the federal government in spite of assuring full provincial autonomy for all the provinces of Pakistan . Negotiations on framing the work on constitution were held between January and March 1971 between leaders of
928-727: The Eighteenth amendment reduced presidential powers, returning the government to a parliamentary republic . The successful independence movement led the establishment of Pakistan , independent from the British Raj in 1947. The British Empire divided the Raj into two parts, India and Pakistan . The provisions of the Government of India Act, 1935 , had greatly influenced the state and served as its basic legal document until 1956. In 1950, Prime Minister Liaquat Ali Khan authored
986-496: The Indian military and almost 93,000 military personnel were taken as prisoners of war on 16 December 1971. Demoralized, gaining notoriety in the country, and finding himself unable to control the situation, President Yahya ultimately handed over the national power to the PPP, of which Zulfikar Ali Bhutto was sworn in on 20 December 1971 as President and as the (first civilian) Chief Martial Law Administrator . After Bangladesh
1044-529: The Jamaat e Islami demanded its dissolution, arguing that the "lampost legislators" were incapable of drawing up an Islamic constitution. Huseyn Shaheed Suhrawardy said that assembly did not possess any of the characteristics of a democratic parliament. He argued that the nation would overlook any unconstitutional action on the governor general's part if he exorcised the fascist demon and established representative institutions. The Constituent Assembly of Pakistan
1102-435: The National Assembly as the lower house and the Senate as the upper house . It also established the parliamentary form of government with Prime Minister as its head of government ; the elected National Assembly genuinely representing the will of the people. The Constitution truly maintained a delicate balance between traditionalists and modernists and reflected heavy compromises on fundamental religious rights in
1160-575: The Shariat Court and the Council of Islamic Ideology to channel the interpretation and application of Islam. After another coup d'état in 1977, the constitution was held in abeyance until it was "restored" in 1985 but with an amendment (the Eighth) shifting power from the parliament and Prime Minister to the president. Another Amendment (Seventeenth) in 2004 continued this shift, but in 2010,
1218-407: The first set was promulgated in 1956 each and every year as Republic Day . Technically there are 26 amendments but 23 amendments were made in constitution and three were not passed by the parliament as the three amendments collapsed. Currently the promulgated Constitution of Pakistan, in its amended form, stands as the 7th lengthiest constitution of the world with a word count of 56,240 Words. In
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#17327649861411276-464: The martial law in the country. On assuming the presidency, General Yahya Khan acceded to popular demands by abolishing the one-unit system in West Pakistan and ordered general elections on the principle of one man, one vote . The military government and President Yahya himself made no efforts to frame a constitution, aside from issuing the extrajudicial order in 1970. Across the country,
1334-479: The 1962 constitution it gave Pakistan a parliamentary democracy with executive power concentrated in the office of the prime minister, and the formal head of state—the president—limited to acting on the advice of the prime minister. The Constitution states that all laws are to conform with the injunctions of Islam as laid down in the Quran and Sunnah . The 1973 Constitution also created certain institutions such as
1392-558: The Constituent Assembly had migrated to India due to increasing hostility of the Muslim majority towards non-Muslims in the backdrop of the 1st Indo-Pakistani war , 1950 East Pakistan riots & 1953 Lahore riots . The constitution was promulgated on March 23, 1956, making Pakistan an Islamic republic . On October 7, 1958, martial law was imposed on the country by Iskander Mirza , with army chief Ayub Khan appointed as
1450-586: The Constitution came into full effect on 14 August 1973. On the same day, the successful vote of confidence movement in the Parliament endorsed Zulfikar Bhutto as the elected Prime Minister after latter relinquishing the presidency after appointing Fazal-i-Ilahi to that office. Contrary to Constitution of 1956 and Constitution of 1962 , several ideas in the Constitution were new, and guaranteed security to each citizen of Pakistan. First part of
1508-522: The Constitution introduced the definition of State , the idea of life, liberty and property, individual equality , prohibition of slavery , preservation of languages , right to fair trial , and provided safeguard as to arrest and detention as well as providing safeguards against discrimination in services. The due process clause of the Constitution was partly based on the British Common law , as many founding fathers and legal experts of
1566-418: The Constitution; however, the Constitution itself may be amended by a two-thirds majority in both the houses of the bicameral Parliament, unlike the previous legal documents of 1956 and 1962 . It has been amended over time, and most recent impulses for political upgrades and reforms has been amended. Although enforced in 1973, Pakistan, however, celebrates the adoption of the constitution on 23 March—when
1624-779: The Council would look into the complaint. Another major innovative introduction in the Constitution is the establishment of the National Finance Commission (NFC) consisting of the Provincial and Finance Ministers and other members to advice on distribution of revenues between the federation and the provinces. The Constitution's first parts introduce the Islamic way of life, promotion of local government, full participation of women in national life, protection of minorities, promotion of social and economic well being of
1682-481: The National Assembly unless there was 'some amount of reciprocity' from the Awami League. Sheikh Mujib replied at a press conference on 21 February, asserting that "Our stand is absolutely clear. The constitution will be framed on the basis of the six points". Such an announcement led the PPP to demand the removal of the National Assembly session, or the opening session to be postponed. The PPP threatened to stage
1740-579: The PPP, the AL , and the military government of Yahya Khan , which turned out to be a failure. Under the LFO , the President was to decide when the National Assembly was to meet. By 13 February 1971, the President Yahya announced that the National Assembly was to meet at Dhaka on 3 March 1971. By this time the differences between the main parties to the conflict had already crystallized . Over
1798-499: The army chief General Ayub Khan as the Chief Martial Law Administrator. Shortly afterwards on 27 October 1958, General Ayub Khan deposed Mirza and declared himself president. General Ayub Khan appointed a Constitution Commission to draft another part of the constitution under Chief Justice Muhammad Shahabuddin . Submitted its considerations on 6 May 1961, Ayub Khan altered the entire version of
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1856-406: The bill nearly unanimously on April 10, 1973, and it was endorsed by the acting President Zulfikar Ali Bhutto on April 12, 1973. The constitution came into effect on August 14, 1973. On the same day, Bhutto took over as the prime minister and Choudhary Fazal-e-Elahi as the president, both for a 5-year term. On July 5, 1977, General Zia staged a military coup, suspended the constitution (which
1914-427: The chief martial law administrator. The new leaders abrogated the constitution, declaring it unworkable. After coming to power, Zulfikar Ali Bhutto invited the leaders of the parliamentary parties to meet him on October 17, 1972, which led to an agreement known as the 'constitutional accord', which was reached after intensive talks. As per consultations floated by the PPP, the National Assembly of Pakistan appointed
1972-502: The constitution which was entirely different from the one recommended by Chief Justice Muhammad Shahabuddin . It was promulgated on 8 June 1962. Main feature of this set was the introduction of the presidential system and more consolidated powers to the President . No further changes were carried out to oppose the 1956 document. Its features includes: President Ayub Khan invited Chief of Army Staff General Yahya Khan to enforce
2030-400: The constitutional convention in 1972. The law experts, constitutional analysts, and country's reputed clergymen worked on formulating a constitution that they hoped would represent the will and desire of people. Unlike earlier attempts, the convention was not meant for new laws or piecemeal alterations, but for the "sole and express purpose of revising the 1956 articles ." Also, the convention
2088-553: The country had followed the British legal tradition. The fundamental rights are supreme in the Constitution and any law that is ultra vires the fundamental rights can be struck down by the Apex Courts in their constitutional jurisdiction vested on them under Article 199 of the Constitution. In contrast to the constitutions of India and Bangladesh , the Constitution reflected a heavy compromise over several issues to maintain
2146-403: The country to formulate a constitution for Pakistan. Finally, the joint work led to the promulgation of the first set of the constitution on 23 March 1956—a day when Pakistan celebrates its Republic Day over the adoption of the constitution. The constitution provided for parliamentary form of government with a unicameral legislature . It officially adopted Pakistan as " Islamic Republic " and
2204-475: The country. The fundamental rights , freedoms of speech , religion , press , movement , association , thought , and intellectual , life, liberty and property and right to bear arms were introduced in the new Constitution. Islam was declared as the State religion of Pakistan. Geography and border statue of the country was redefined and "Pakistan was to be a Federation of Four Provinces." The Constitution
2262-750: The court of appeals, has three circuit benches based in Kotli , Mirpur and Rawalakot . Chief Election Commissioner for conducting general elections in AJK; Service Tribunal for adjudicating service issues of civil servants; Zakat Council for collecting, distributing the zakat system in AJK; Supreme Judicial Council of AJK; Constituent Assembly of Pakistan آئین ساز اسمبلی, The Constituent Assembly of Pakistan ( Bengali : পাকিস্তান গণপরিষদ , romanized : Pākistān Goṇoporishod ; Urdu : آئین ساز اسمبلی , romanized : Aāin Sāz Asimblī )
2320-439: The eve of independence and the end of British rule . Muhammad Ali Jinnah was elected as the president of the Constituent Assembly of Pakistan on the same day and remained its president until his death on September 11, 1948. Subsequently, Liaquat Ali Khan headed it for three years and produced the Objectives Resolution , which was adopted by the Constituent Assembly on March 12, 1949, as an annex to Pakistan's constitution. It
2378-446: The expectations were that a National Assembly would be set up by holding a free and fair election . To hold the proposed elections, President Yahya promulgated a Legal Framework Order on 30 March 1970 that also spelled out the fundamental principles of the proposed constitution and the structure and composition of the national and provincial assemblies. In December 1970, nationwide general elections were held simultaneously for both
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2436-472: The first annexe that would pave a path to the drafting of the Constitution. Elected in 1947, the first Constituent Assembly drafted and adopted its first constitution in 1956. Following the adoption of a constitution in India in 1950, Pakistan's lawmakers were incentified to work on their constitution. Prime Minister Chaudhry Muhammad Ali and his government officials worked with the opposition parties in
2494-411: The following Parts: Government of Azad Kashmir Government of Gilgit-Baltistan Local government Constitution of Pakistan Territorial election commission Elections Provincial elections Territorial elections Political parties Provinces Autonomous region Customs Regional topics The Government of Azad Kashmir ( Urdu : حکومتِ آزاد کشمیر )
2552-478: The inheritors of these glorious traditions and are fully alive to our responsibilities and obligations as framers of the future constitution of Pakistan. Pakistan was founded in 1947 as a Dominion (an independent realm or kingdom) within the British Commonwealth. The same was true in independent India. During its first few years of existence the British monarch was also Pakistan's head of state, as
2610-464: The national and five provincial assemblies. The nationalist Awami League (AL) secured the mandate of East Pakistan but failed to perform in any four provinces of Pakistan. The socialist Pakistan People's Party (PPP) under the leadership of Zulfikar Ali Bhutto gained a mandate in Punjab and Sindh but failed in East Pakistan , NWFP and Balochistan . Constitutional crisis grew further when
2668-433: The office of the prime minister. It also institutionalised the intervention of military in politics by providing that for twenty years, the president or the defence minister must be a person who had held a rank not lower than that of lieutenant-general in the army. The 1962 constitution was suspended in 1969 and abrogated in 1972. The 1973 constitution was the first in Pakistan to be framed by elected representatives. Unlike
2726-471: The other organs of the state. About national languages, Urdu was declared as national languages, and English as official language; all other languages were preserved by the Constitution. Many key ideas on regarding the role of Islam in the State that were mentioned in 1956 Articles were made part of the Constitution: The individual Articles of the Constitution are grouped together into
2784-635: The people, and strengthening the bonds with the Muslim world and to work for international peace. Under the Constitution, the Fundamental Rights include security of person , safeguards as to arrest and detention, prohibition of slavery and forced labour , freedom of movement , freedom of association , freedom of speech, freedom to profess religion and safeguards to religious institutions, non-discrimination in respect of access to public places and in service, preservation of languages , script and culture. The judiciary enjoys full supremacy over
2842-634: The present laws shall also be Islamised . The Constitution also introduced a new institution known as the "Council of Common Interests" consisting of Chief Minister of each four provinces and an equal number of Cabinet ministers of the Government nominated by the Prime Minister. The Council could formulate and regulate the policy in the Part II of the Legislative List. In case of complaint of interference in water supply by any province
2900-403: The principle of parity was introduced. Its features were: By the Constitution, Iskander Mirza assumed the presidency but his constant personal involvement in national affairs , contrary to the Constitution, resulted in the dismissal of four elected prime ministers in two years. On 7 October 1958 Mirza staged a coup d'état , imposed Martial law , abrogated the Constitution, and appointed
2958-483: The six-point issue, the PPP was convinced that a federation based on the six points would lead to a feeble confederation in name only and was part of a larger Indian plan to break up and destroy Pakistan. These fears were evidently shared by the military leaders in the west, including President Yahya Khan who had publicly described Sheikh Mujibur Rehman as the 'future Prime Minister of Pakistan' on 14 January 1971. Bhutto announced on 15 February that his party would not attend
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#17327649861413016-412: The teachings of the Quran and Sunnah. The Objectives Resolution has henceforth been inserted as a preamble into each of Pakistan's subsequent constitutions. The country became a republic when its first constitution was approved in 1956 but this was abrogated in 1958 after a military Coup d'état . Pakistan's second constitution was approved in 1962. It granted executive power to the president and abolished
3074-515: Was formed in 1971, the PPP formed the government and partially enacted the 1962 constitution . President Zulfikar Ali Bhutto called for a constitutional convention and invited the leaders of the all political parties to meet him on 17 April 1972. Leaders and constitutional experts of the Islamic political parties, conservative parties, socialists and communist parties were delegated to attend
3132-545: Was dissolved on October 24, 1954, by Governor General Malik Ghulam Muhammad . The dissolution was challenged by the president of the assembly in the notable case of Federation of Pakistan v. Maulvi Tamizuddin Khan , in which the federal court took the side of the governor general, in spite of dissent from one judge. Mohammad Ali Bogra was the Prime Minister of Pakistan at the time. The second Constituent Assembly reconstituted on May 28, 1955. By this time all Hindu members of
3190-680: Was established in August 1947 to frame a constitution for Pakistan . It also served as its first interim parliament . It was dissolved by the Governor-General of Pakistan in 1958. The members were originally elected to the Constituent Assembly of India before they abdicated in the aftermath of the Partition of India . The members were as follows: Pakistan's Constituent Assembly first convened on August 10, 1947, on
3248-428: Was not limited to the religion, exigencies of government and the preservation of the State; rather it was intended to maintain delicacy in commerce, finances , issue of loans to federation, and Separation of powers . Several key ideas of the philosophy of John Locke and Islamic provisions on civil rights were interchanged in the Constitution. The Constitution ultimately established a bicameral Parliament , with
3306-426: Was unanimously approved by the 5th Parliament on 10 April and ratified on 14 August 1973. The first three chapters establish the rules, mandate, and separate powers of the three branches of the government: a bicameral legislature; an executive branch governed by the Prime Minister as chief executive; and an apex federal judiciary headed by Supreme Court . The Constitution designates the President of Pakistan as
3364-406: Was written in the point of representing the conservative Islam as well as reflecting a heavy compromise over the religious rights and humanism ideas, advocated by the PPP . On 20 October 1972, the draft was revived by all leaders of the political parties and signed the declaration of adopting the Constitution in the National Assembly on 2 February 1973. Ratified unanimously on 19 April 1973,
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