Transcript Constututional history of pakistan

Constitutional
History of Pakistan
Constitutional History of
Pakistan
Background:

According to the Indian independence
law of 18th July 1947 the Islamic state of
Pakistan emerged as the largest Islamic
state on 14th August 1947.The first session
of the constituent Assembly was held in
the suggested capital city Karachi of
Pakistan on 11th
 August 1947.Even through the
system of newly formed state of
Pakistan was run under the
temporary constitution, there was a
need for a permanent constitution
which was not fulfilled in life of
Quaid-i-Azam. Because of that
constitution making was delayed.
There was many causes and
reasons for delay in
constitution making.
The anti Pakistan elements had
accepted the reality of Pakistan due
to great success of Muslims league in
the election of 1945-46 out they kept
the Muslims of India unaware so that
they could not form the constitution
before creation of Pakistan.
The second bid conspiracy was
they produced infinite problems
to Pakistan after its creation.
Democracy cannot flourish in the
presence in any country. The
condition for the growth of
democracy in Pakistan was different.
The bureaucracy took full control of
Pakistan politics after the martyrdom
of Liaquat Ali Khan on 16th October
1951.Because of that six prime
ministers were change in very short
time.
The history is a witness to the fact that
after the Quaid-i-Azam and Liaquat Ali
Khan all the rulers of Pakistan were
selfish and hungry for power. In the short
period of rule of Malik Ghulam
Mohammad three prime ministers were
made. This delayed constitution making.
It was the misfortune of Pakistani
nation that the leader pretended to
work for their betterment &
prosperity but in reality they stopped
every effort of constitution making
which could endanger their rule .
The first legislative Assembly of
Pakistan consisted of majority of
uneducated members. Because of this
they favor those educated rules who
were interest seekers.
Quaid-i-Azam had explained the
constitution of Pakistan which meant
that Islamic constitution will be
implemented in Pakistan. But they did
not implement Islamic laws considering
it as a threat to their rule and interests.
They forgot the reality of Islam and is
the best for Pakistan progress.
The problem of division of authority
between center and provinces was a reason
of conflict from the day after creation of
Pakistan. The lake of leadership did not
allow the basic and complex problems.
After the formation of Pakistan the
parliamentarian system was inherited
whereas in the constitution of
Pakistan the not ending debate of
Presidential and Parliamentarian
system started.
After the creation of Pakistan the
common view that Urdu will be the
national language but this problem
took form provincialism at the start
of 1948 specially the death of Quaid-iAzam.
Due to the problems, division of
authority of provincial and sectarian
conflicts had started taking place
with the creation of Pakistan. It was
therefore unavoidable to create a
balance.
The problem of way of electorate
was not solved in the first
constitution of Pakistan which is
implemented on 23 march 1956.
The minorities started showing suspense and doubts for the
protection of their rights as a means for delaying the
constitution making after creation of Pakistan. Quaid-i-Azam
made it clear in his address that all the non Muslims
communities including Hindus, rights will be accepted.
On September 21 1954 the prime minister
Mohammad Ali Bogra tried to take the
authority of governor to dissolve the assembly
by presenting a resolution. The
Governor general dissolved the Assembly at
that time when the constitution was almost
ready and only presenting it in the Assembly
was left.
Lake of Democratic
Traditions
 The first general elections were held in December
1970.The democratic traditions were lacking
because of not holding the elections frequently in
Pakistan.
The Objectives Resolution
th
12 march 1949
Background:

To run the system of government after the
creation of Pakistan certain amendments
were made in the Indian Act 1935 and a
constitution was made. It was not enough
for the constitutional of Pakistan. For this
resolution was presented in the legislative
Assembly on March 7, 1949.
Important Points of The
Objectives Resolution
 The important points of the Objectives
Resolution in the constitution are:
Sovereignty of ALLAH
Allah is the supreme Ruler of
the whole universe. This power
will as a holy trust in the hands
of Pakistan people.
Obeying The Islamic
Principles
 The Islamic Principles like
democracy,freedom,equality,forgie
ness and social justice would be
implemented in the country.
Preaching of Islamic Way
of Life
 Such opportunities should be provided
to the Pakistani people so that they can
spent their lives according to Islamic
principles.
Federal System of
Government
 Pakistan will be a federation in which
the provinces will be given legal internal
autonomy in the limits of the
constitution.
Implementation of
Islamic rules
The administration of the
country would be run according
to the Holy Quran and Sunnah.
Democratic Way of
Government
 The government would be
answerable to the people because it
would be a democratic government.
Safety of The Rights And
Interest of Minorities
 The legal political and social rights and
interests of the minorities and other
backward classes will be protected in the
constitution.
Protection of The
religious And Cultural
Freedom of Minorities
 The non Muslims minorities would
have full freedom and protection.
Safety of Basic Human
Rights
 In the constitution assurance will
be for the protection of basic
human rights of every citizen of
Pakistan.
Explanation of Basic
Human Rights
 Under the constitution all citizens
were given the freedom of writing
and speech, freedom of thought,
religious and cultural freedom
equality etc.
Defense of Pakistan
 Soundness of Federal areas and
freedom of the federation will be
protected.
Formation of Free
Judiciary
 The judiciary would be superior to
any kind of influence in Pakistan.
Historical Importance Of
The Objectives
Resolution:
 The objectives Resolution has the
status of the spirit of the legislature
of Pakistan.