First RepublicFirst Republic

First constitution of1956First constitution of1956

FeaturesFeatures

NatureNature FederationFederation Parliamentary SystemParliamentary System Uni-Cameral LegislatureUni-Cameral Legislature Independence of JudiciaryIndependence of Judiciary Directive PrinciplesDirective Principles Fundamental RightsFundamental Rights Islamic provisionsIslamic provisions Official LanguageOfficial Language

Causes of the Failure of 1956 Causes of the Failure of 1956 constitutionconstitution It was enforced for t he period of 2 years, which was not enough to tset It was enforced for t he period of 2 years, which was not enough to tset

the utility of a constitution.the utility of a constitution. Insincerity on the part of politician sabotage the systemInsincerity on the part of politician sabotage the system Elections could not be held under the new constitution.Elections could not be held under the new constitution. Martial Law was imposed in oct,1958 & it was declared that the Martial Law was imposed in oct,1958 & it was declared that the

parliamentary democracy has failed, when even the fresh elections parliamentary democracy has failed, when even the fresh elections were not held.were not held.

Political bargaining, shifting party affiliation and promoted instability.Political bargaining, shifting party affiliation and promoted instability. After martial law, the political parties were bannedAfter martial law, the political parties were banned Chief of the army Muhammad Ayub Khan became chief of Martial law Chief of the army Muhammad Ayub Khan became chief of Martial law

administratoradministrator Sikandar Mirza quit the presidency and Ayub Khan became the Sikandar Mirza quit the presidency and Ayub Khan became the

president.president.

The Rapid Recap of the FailureThe Rapid Recap of the Failure Leadership CrisisLeadership Crisis Lack of political TrainingLack of political Training Role of Political partiesRole of Political parties Economic InstabilityEconomic Instability Lack of Democratic valuesLack of Democratic values

The New Governmental Set upThe New Governmental Set up The Government set up a constitution commission with The Government set up a constitution commission with

justice Shahab-ud-Din as its chief for giving the justice Shahab-ud-Din as its chief for giving the recommendations for the new constitution.recommendations for the new constitution.

the commission examine the causes of the failure of the commission examine the causes of the failure of parliamentary democracyparliamentary democracy

The commission presented the report in 1961The commission presented the report in 1961 The new constitution was made and enforced after The new constitution was made and enforced after

keeping in view the report of the commission.keeping in view the report of the commission. The new constitution incorporated some of the patterns The new constitution incorporated some of the patterns

of the old constitution with the new modificationsof the old constitution with the new modifications Parliamentary form was replaced by the presidential Parliamentary form was replaced by the presidential

form of Govtform of Govt Islamic provisions were to be inducted.Islamic provisions were to be inducted. The second constitution was to be implemented on first The second constitution was to be implemented on first

may 1962may 1962

Second Republic1962Second Republic1962Constitution of PakistanConstitution of Pakistan

FeaturesFeatures

Nature of the ConstitutionNature of the Constitution Method of AmendmentMethod of Amendment Federal systemFederal system Presidential SystemPresidential System Unicameral legislatureUnicameral legislature Indirect electionIndirect election Role of the JudiciaryRole of the Judiciary Islamic ProvisionsIslamic Provisions Fundamental rights and Principles of policyFundamental rights and Principles of policy

Imposition of Martial LawImposition of Martial Law

The regime seems satble apparently but hollow from within as The regime seems satble apparently but hollow from within as there wasn’t any public particiaption in the political system.there wasn’t any public particiaption in the political system.

The forces of disintegration gained strength.The forces of disintegration gained strength. Ultimately people stood up against the government and Ultimately people stood up against the government and

demanding the restoration of parliamentary system, direct demanding the restoration of parliamentary system, direct elections.elections.

The people of 3 provinces of West Pak except the Punjab were The people of 3 provinces of West Pak except the Punjab were against the One Unit formula, and most of the Pol-Parties against the One Unit formula, and most of the Pol-Parties demanded its abolition.demanded its abolition.

The critics of One Unit along with the Pol-Parties organized the The critics of One Unit along with the Pol-Parties organized the demonstrations against the government with violence and demonstrations against the government with violence and terrorism.terrorism.

Consequently the bad law and order situation emerged.Consequently the bad law and order situation emerged.

Round Table ConferenceRound Table Conference To get out of the tense situation Ayub khan called Conference comprising the To get out of the tense situation Ayub khan called Conference comprising the

representative of all Pol-Parties, the conference was to be called ‘ROUND representative of all Pol-Parties, the conference was to be called ‘ROUND TABLE CONFERENCE’.TABLE CONFERENCE’.

Shiekh Mujeeb-ur-Rehman was at that time in jail in a conspiracy case against Shiekh Mujeeb-ur-Rehman was at that time in jail in a conspiracy case against the solidarity of the state. But he was released on the protest of his workers in the solidarity of the state. But he was released on the protest of his workers in East PakistanEast Pakistan

At the same time some of the parties started agitation (JALAO GHERAO) At the same time some of the parties started agitation (JALAO GHERAO) against the government after rejected the govt call for the dialogue.against the government after rejected the govt call for the dialogue.

Despite of the prevailing condition of law and order, govt decided to organized Despite of the prevailing condition of law and order, govt decided to organized another round of the talk and it was decided that national elections would be another round of the talk and it was decided that national elections would be held on the basis of ‘one man one vote’. Through this way the parliamentary held on the basis of ‘one man one vote’. Through this way the parliamentary democracy would be restored.democracy would be restored.

But the sharp differences remained unresolved.But the sharp differences remained unresolved. Shiekh Mujeeb presented his ‘SIX POINT FORMULA’ which was unacceptable Shiekh Mujeeb presented his ‘SIX POINT FORMULA’ which was unacceptable

for West Pakistan to accept and therefore anarchy further prevailed.for West Pakistan to accept and therefore anarchy further prevailed. Presidency Ayub Khan transferred his powers to Yahya Khan, who was the Presidency Ayub Khan transferred his powers to Yahya Khan, who was the

commander in Chief of the armed forces, who imposed ,Martial Law on 25commander in Chief of the armed forces, who imposed ,Martial Law on 25thth March 1969.March 1969.

All legislative assemblies were dissolved and the constitution was abrogated.All legislative assemblies were dissolved and the constitution was abrogated. Yahya Khan gave the statements to restore Adult Franchise and repeal the ONE Yahya Khan gave the statements to restore Adult Franchise and repeal the ONE

UNIT, therefore he promulgated the ‘LEGAL FRAME WORK ORDER’ indicating UNIT, therefore he promulgated the ‘LEGAL FRAME WORK ORDER’ indicating the basic principles on which the future constitution was to be framed. the basic principles on which the future constitution was to be framed.

LEGAL FRAMEWORK ORDERLEGAL FRAMEWORK ORDER The protection of he Islamic IdeologyThe protection of he Islamic Ideology Federal system comprising all regions of PakistanFederal system comprising all regions of Pakistan Independence of JudiciaryIndependence of Judiciary Security of fundamental rightsSecurity of fundamental rights Adult suffrageAdult suffrage Maximum provincial autonomy with strong centre.Maximum provincial autonomy with strong centre. Equal opportunities for the participation in national life.Equal opportunities for the participation in national life. Economic inequaliotites ina ll regions shall be Economic inequaliotites ina ll regions shall be

eliminatedeliminated The salient features of the new constition was also The salient features of the new constition was also

discused in 1971, but it was flopped cause of the discused in 1971, but it was flopped cause of the dismemberment of EAST PAKISTAN.dismemberment of EAST PAKISTAN.

Causes of FAILURECauses of FAILURE

No Popular ConstitutionNo Popular Constitution Presidential DictatorshipPresidential Dictatorship Absence of Checks and balancesAbsence of Checks and balances Provincial Autonomy CurtailedProvincial Autonomy Curtailed Indirect System ElectionIndirect System Election Absence of Fundamental FreedomAbsence of Fundamental Freedom Dark aspect of Basic DemocraciesDark aspect of Basic Democracies One party RuleOne party Rule Promotion of SecularismPromotion of Secularism

Revival Of representative SystemRevival Of representative System President Agha Yahya Khan announced new elections President Agha Yahya Khan announced new elections

in1969, which was held in 1970 on the basis of ‘One man in1969, which was held in 1970 on the basis of ‘One man One vote’, because of the Cyclones in East Pak.One vote’, because of the Cyclones in East Pak.

According the LFO, the total strength of the NA was to be According the LFO, the total strength of the NA was to be 313 out of which 13 seats were reserved for women.313 out of which 13 seats were reserved for women.

The strength of Provincial assemblies was determined The strength of Provincial assemblies was determined according to the ratio of population of the respective according to the ratio of population of the respective provinces.provinces.

In the result of the elections, Awami League got a sweep In the result of the elections, Awami League got a sweep victory in NA and that of Provincial Assembly, where as victory in NA and that of Provincial Assembly, where as PPPemerged as the biggest part in WEST Pak.PPPemerged as the biggest part in WEST Pak.

East Pakistan CrisisEast Pakistan Crisis Shiekh Mujeeb-ur-Rehman insisted on the attainment of provincial Shiekh Mujeeb-ur-Rehman insisted on the attainment of provincial

autonomy and constitution formation on the basis of Six Points autonomy and constitution formation on the basis of Six Points Formula.Formula.

Mujeeb demanded the session of assembly should be submitted, Mujeeb demanded the session of assembly should be submitted, however Z.A Bhutto wanted to resolve the issue before the summon however Z.A Bhutto wanted to resolve the issue before the summon of assembly.of assembly.

Ultimately, when 3Ultimately, when 3rdrd March was being decided for the session of March was being decided for the session of assembly Z.A Bhutto boycotted the session Yahya Khan called a assembly Z.A Bhutto boycotted the session Yahya Khan called a meeting of 12 leaders to resolve the issues but Mujeeb has already meeting of 12 leaders to resolve the issues but Mujeeb has already started the CIVIL DISOBEDIENT MOVEMENT and demanded an started the CIVIL DISOBEDIENT MOVEMENT and demanded an immediate transfer of power to the elected govt.immediate transfer of power to the elected govt.

AWAMI LEAGUE had started the demonstrations in big cities with its AWAMI LEAGUE had started the demonstrations in big cities with its terrorist wing ‘Mukti Bahni’ and the military operation had been terrorist wing ‘Mukti Bahni’ and the military operation had been started.started.

This mass movement was supported by India, therefore the physical This mass movement was supported by India, therefore the physical link in between EAST and WEST wing were cut.link in between EAST and WEST wing were cut.

India took the full benefit of the prevailing internal crisis and a war India took the full benefit of the prevailing internal crisis and a war continued in b/w India and pak. Finally the Pak army surrendered on continued in b/w India and pak. Finally the Pak army surrendered on East Pak FrontEast Pak Front. .

Formation of Representative Formation of Representative GovtGovt

Bhutto was abroad to represent Pak in the Bhutto was abroad to represent Pak in the Security Council of United Nation, when the Security Council of United Nation, when the ceasefire was being made in 1971 war.ceasefire was being made in 1971 war.

On his arrival Mr yahya resigned from the On his arrival Mr yahya resigned from the presidency and transferred the powers of presidency and transferred the powers of president and that of Chief Martial Law president and that of Chief Martial Law Administrator to Z.A Bhutto.Administrator to Z.A Bhutto.

Martial Law was withdrawn on 21Martial Law was withdrawn on 21stst day of the day of the same month.same month.

But the effords were continued under Mian But the effords were continued under Mian Muhmood Kasuri who was the law minister, the Muhmood Kasuri who was the law minister, the third constitution was implemented on 14third constitution was implemented on 14 thth august 1973.august 1973.

Protest movementProtest movement

Under 1973 constitution, the elcteions of the NA held on 7Under 1973 constitution, the elcteions of the NA held on 7thth march 1977, march 1977, in which PPP got victory.in which PPP got victory.

The opposition alleged that the ruling party had won the seats through The opposition alleged that the ruling party had won the seats through rigging of the elections.rigging of the elections.

The opposition parties with their alliance called “PAKISTAN NATIONAL The opposition parties with their alliance called “PAKISTAN NATIONAL ALIANCE”.ALIANCE”.

Therefore the PNA, the electiions to provincial assemblies were being Therefore the PNA, the electiions to provincial assemblies were being bycottedand massive demonstartion was started.bycottedand massive demonstartion was started.

To settle the tense condition, the longest duration in Paki’s history was To settle the tense condition, the longest duration in Paki’s history was arrived , compromise was arrived at many issues but he agenda was yet arrived , compromise was arrived at many issues but he agenda was yet to be there to chalked out.to be there to chalked out.

The condition was still tense and the military intevened and Zia-ul-Haq The condition was still tense and the military intevened and Zia-ul-Haq imposed Martial law on 5imposed Martial law on 5thth July 1977. July 1977.

Z.A Bhutto was dismissed along with the provincial governors and Z.A Bhutto was dismissed along with the provincial governors and ministers.ministers.

All the powers concentrated in a military Council, comprising Chiarman All the powers concentrated in a military Council, comprising Chiarman Joint Chief of Staff and the Chiefs of Three armed forces.Joint Chief of Staff and the Chiefs of Three armed forces.

The constitutional IssuesThe constitutional Issues

The court announced its unanimous The court announced its unanimous decision on 10decision on 10thth Nov 1977, and rejected Nov 1977, and rejected the writ of Habeas Corpus filed by Mrs the writ of Habeas Corpus filed by Mrs Bhutto.Bhutto.

On 5On 5thth July, the imposition of Martial Law July, the imposition of Martial Law was to be given a legal cover by saying was to be given a legal cover by saying that’it was a indispensable and justified that’it was a indispensable and justified as law of necessity”. as law of necessity”.

Revival of Constitution Revival of Constitution Order 1985Order 1985

The constitution which was imposed on 5The constitution which was imposed on 5 thth July July 1977 was partially revived under the 1977 was partially revived under the presidential oerder1985.presidential oerder1985.

Certain changes were being made Certain changes were being made

a) distribution of powers b/w President and PM.a) distribution of powers b/w President and PM.

b) Qualifications of the members of Parliament.b) Qualifications of the members of Parliament.

c) Total strength and method of elections.c) Total strength and method of elections.

d) Powers of provincial governors.d) Powers of provincial governors.

THE CONSTITUTION OF THE CONSTITUTION OF 33RdRd Republic. Republic.

IntroductionIntroduction Republic and its territoriesRepublic and its territories The preambleThe preamble Nature of the constitutionNature of the constitution Method of amendmentMethod of amendment Federal syatemFederal syatem

Parliamentary FormParliamentary Form Bi-CameralismBi-Cameralism Rule of LawRule of Law Islamic IdeologyIslamic Ideology Principles of PolicyPrinciples of Policy Fundamental RightsFundamental Rights Direct Method of ElectionDirect Method of Election Economic JusticeEconomic Justice

Official LanguageOfficial Language Single CitizenshipSingle Citizenship Holding of referendumHolding of referendum