THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN …

THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN

1973

IMPORTANT TERMS TO REMEMBER

• STATE (country) Elements of a state: Territory: clearly defined (marked) boundaries

Population: citizens of the sate

Government: ruler

Sovereignty : supreme and final authority, no foreign intervention

[ currency, flag, military, constitution, UN membership]

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IMPORTANT TERMS TO REMEMBER

• LEGISLATURE (Parliament) the law makers, National Assembly, Senate, Congress

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IMPORTANT TERMS TO REMEMBER

• EXECUTIVE (The Government) the head of the government with his cabinet of ministers, runs the affairs of the state.

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IMPORTANT TERMS TO REMEMBER

• JUDICIARY COURTS, interpret laws.

WRITE THEM ON PAPER AND KEEP IN FRONT OF YOU DURING THE CLASS TODAY FOR QUICK REFERENCE AS AND WHEN NEEDED.

CONSTITUTION•A set of fundamental principles for running the

state.

•Outlines the powers and duties of the government.

•Grants rights to the people.

•Sets out rules for inter-relationship among the pillars of the state, executive, legislative and judiciary.

•Contains guidelines for law making at all levels.

Federal Government System

CENTRAL GOVT.

(ISLAMABAD)

KP

BALOCH ISTAN

PUNJAB

SINDH

Unitary Government System

GREAT BRITAIN

SCOTLAND

WALES

ENGLAND

NORTHERN IRELAND

UNITED KINGDOM

Distribution of Powers in Federal Government

Federal/Central• Defence

• Foreign Affairs

• Currency

• Aviation

• Railways

• ……..

Provincial• Education

• Health

• Transport

• Sports

• Science and Technology

• ……

PRESIDENTIAL AND PARLIAMENTARY FORM OF GOVERNMENT

PRESIDENTIAL

• PRESIDENT elected directly by people. • President elects his own cabinet

(not from the legislature)

• Not responsible to the legislature.

• Can’t easily be removed.

PARLIAMENTARY• People elect the legislature.

• PM is elected from the majority party of the legislature. • Cabinet members from the

legislature.

• PM and cabinet responsible to the legislature.

• Can be removed by vote of No Confidence.

Constitutional History of Pakistan

• 1956: Parliamentary

• 1962: Presidential

• 1973: Parliamentary

THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN

1973

SALIENT FEATURES OF THE 1973 CONSTITUTION

•Federal constitution:

Based on the principles of federalism. • Federal Capital • Four Provinces

• FATA ( now merged in Khyber Pakhtunkhwa)

•Northern Areas ( Now Gilgit Baltistan)

SALIENT FEATURES OF THE 1973 CONSTITUTION

•Parliamentary:

Prime Minister, head of the government. •Member of parliament

•Responsible to parliament

•Chooses cabinet members from amongst the parliamentarians.

SALIENT FEATURES OF THE 1973 CONSTITUTION

•Written Constitution:

In the form of a written document. •Objectives Resolution as preamble

•280 articles

•7 schedules

SALIENT FEATURES OF THE 1973 CONSTITUTION

•Bicameral legislature:

Two Houses of the parliament.

• Lower House: National Assembly • based on population

• (General 272/ Women 60/ Minorities 10)= 342

• Upper House: Senate

• Based on federating units, equal representation.

(Each province 23/ICT 4/FATA 8)= 104

SALIENT FEATURES OF THE 1973 CONSTITUTION

•Constitutional Amendments:

2/3rd majority needed for amendment. •Neither rigid, nor flexible

•25 amendments as of 2019

• Famous 8th Amendment, 18th Amendment

SALIENT FEATURES OF THE 1973 CONSTITUTION

•Fundamental Rights:

Rights of people guaranteed. •No law against fundamental rights

SALIENT FEATURES OF THE 1973 CONSTITUTION

•Direct Election:

Assemblies elected by adult franchise. •National Assembly

•Provincial Assemblies

•5 Years term

SALIENT FEATURES OF THE 1973 CONSTITUTION

•Independent Judiciary:

Independence of judiciary guaranteed. • Strict procedures for appointment and removal of

judges. •No one above the judiciary

SALIENT FEATURES OF THE 1973 CONSTITUTION

•Urdu language:

National language. •Urdu to be made official language

•Promotion of regional languages guaranteed