CONSTITUTIONAL HISTORY OF THE PAKISTAN.

BREIF INTRODUCTION:

ü The governance of India was transferred from East India Company to the Crown of British by Government of India Act,1858.

ü The government was to be run by the Secretary of the States and would be assisted by the Council of the fifteen members, eight appointed by the crown and the remaining by the director of the company.

ü The Governor general was to be appointed by the Crown.

ü The member of the Governor General and council and the council of the Governor General were to be selected by the Secretary of the States in

council.

ü The Governor General was also designated as viceroy indicating to be direct represented the Crown.

ü After 15 years of the passing bill a strong political movement was stated in India in 1876 when the indian association was founded and in calcutta. In 1883,the Indian National Union was formed what subsequently was designated“ The Indian National Congress” in 1885.

ü In 1992 the Indian Councils Act of 1992 was passed which increased the number of the additional members of the Indian legislative council.

ü In 1906, the Muslim League was formed and in the same year the Indian self government was demanded.

The Indian council Act of ,1909.

Back ground of the Act: there was agitation in the country and disturbance and government had to do something for removing this agitation so Lord Morle passed a bill in the parliament and called The Indian Act of ,1909.

Provision of the Indian Act of ,1909.

ü The first Provision of the Act,was it increased the size of the Legislative Councils.

1. Members of Governor council were increased to 60.

2. Madras,Bangal,UP,Bombay,Behar were increased to 50.

3. Punjab,Burma,Assam were increased to the 30.

ü Territorial Representation was not suited for the people of India.

Provided separate electorate for the due representation of community and classes.remaining seats were allotted to municipalities what called General seats.

ü Functions of Legislative council was increased.

Elaborate rules for discussion of budget in Imperial legislative council.

Every member now has right to move any resolution relating to any allertation in taxation.

Half members were elected by the Govt.and half by the non official members of council.

ü Members were given right to speak.

Members were given right to speak in this act of raising objections and raising questions but supplementary questions(incomplete questions).

ü Members were given power to move any resolution in the council.

Resolution means they could bring their recommendations and those all recommendations could be rejected by the President with our giving reason.

ü Finding rules for the discussion of Matters.

Matter of general public interest in legislative council were not permitted to be discussed not in written

ü Muslims were given separate representation.

Here by this act Muslims were given separate representation and they could be elected by the Muslims disqualification from the election political offenders and this disqualification could be removed by the head of the state.

Crictism of the Act,1909.

This above act though was an attempt to remove the agitation and disturbance of the Indian but this attempt couldn't produce fruit and criticized what remain cause of its failure are as follow.

ü Not accomplishing the Expectation of the people of the Indian.

The demand of the Indian was,that they need responsible Govt.what this Act,couldn't provide.

While prensenting the bill to the council Morley himself stated that he had no intention to provide a responsible government.

Benevolt despotism: to showing but not in practicale what was in the act.to show to provide responsible govt.but not in practicale.

ü A lot of the confusion: this reform led a lot of confusion and could not satisfy Indian.

ü System of election was defective: this act couldn't led any proper system for the election and the members of the voters was very short and no proper reason was led.

ü Indirect elections: People elected members of the local bodies not the representers directly.and than members also thought no responsibilities to the people and there was no connection between the people and members.

ü Seprate electorate for the Muslims: in this act Muslims had acquired separate electorate system and later Sikh and minorities also desired for.

ü Clear indication Indian were wanting: Indian were wanting clear indication that what their goals are in India,are they having any idea to provide responsible govt.if they so than when what means by. And this act couldn't answer these all questions.

ü Parliament was lacking the spirit: The parliament was lacking the spirit and the responsibility was with the government yet.

RESULT OF THE ACT OF,1909:

Failure and couldn't satisfy the people of India.

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GOVERNMENT OF INDIA ACT,1919.

THE BACK GROUND OF THE ACT.

How ever Minto Morle reform fell short of self government demanded by Indians. The British government (Eduim Montague and Viceroy Lord Chelms Ford) on 20 August 1917 made declaration which was followed by a scheme known as adopted jointly by the secretary of the State for India and the Governor general. The scheme published in July , 1918. What stood basic document for the Government of India Act ,1919.

And sent for the approval government enforced it in ,1919. What also called Montague chelms Ford Reforms ,1919.

THE SIGNIFICANT PROVISINS OF THE ACT.

This Act introduced the dyarchy an autocracy governed by the two rulers.and further constitutional reforms were promised.

PREAMBLE OF THE ACT.

The preamble of the Act,stood that policy of the Parliament to provide for the increasing association of Indians in every branch fo Indian administrationsmf and for gradual development of self government institutions with a view to te progressive realization of responsibility Govt, in British India integral of the Empire.

PROVISIONS OF THE GOVERNMENT INDIA ACT,1919.

1. CHANGES IN ADMINSTRATION OF INDIA: Many changes were made in the administration of the India in this Act what are as follow.

ü Secretary of the state used to be paid by the Indian revenues but here it stood that now he would be paid by the British revenues.

ü Few functions of the Secretary of the State were retracted from and given to the High Commissioner who was appointed and paid by the India.

2. BICHAMARAL LEGISLATURE: The another provision of the act was introducing Bicameral legislation was introduced.

1.Centrtal legislative Assembly(what known as lower house)

ü Tenure 03 yrs.

ü Members 145,elected 103 and nominated 43 by Governor General.

1. Coucil of State(known as upper house).

ü Tenure 05 yrs.

Members 60 elected 33 and nominated 27 by Governor General.

The tenure could be extended by the Governor General.

3. ELECTION OF THE SPEAKER FOR ASSEMBLY:

By the virtue of this act first Speaker was nominated and subsequently Speaker used to be elected by the members of the house.

4. DIRECT ELECTIONS:

In the Act of ,1909. There was concept of the Indirect Election but here in this Act the concept of the Indirect Election was adopted for both the houses.

5. PEOPLE ENROLLED ON ELECTION ROLL:

In this Act unlike previous experieces in Public work entitled to have their name enrolled on Election.

6. POWERS OF GOVERNOR GENERAL:

The powers of the Governor General were, to summon ,to dissolve the chamber and right to address both the houses.

7. POWERS OF CENTRAL LEGISLATURES:

The powers of the central legislature were to make law for whole of the India to repeal and amend laws.(before legislation was not having such powers)

Now governor General required to introduce bill concerning,

ü Public debts or Public revenues of India.

ü Religious rites and usages of Subject in India.

ü Discipline or maintenance of Military,Navy or Air force.

ü Relation of the Govt. of India with the states of India.

8. NOT PROVIDING RESPONSIBLE GOVT. OF THE ACT.

9. The Indian who were eager to have responsible Govt. Act,couldn't provide the responsible Govt. People were having no right to bring any member a head or give him any authority.all the members were appointed by the Governor General.and all the steps used to be taken to make Britishers happy.and this also stood one failure of the Act.

10. INTRODUCTION OF DYARCHY:

DYARCHY: here Dyarchy is meant that and autocracy governed by two rulers worked 1921 to 1937.

System couldn't work satisfactory .

Provisional Govt.was divided into two parts.

Transferred Subjects: Transferred Subjects used to be run By Governor General.with the help Of the Ministers and Ministers were Confused over the distribution of the Powers.

Reserved Subjects: Reserved subjects used to be administered by the Governor General with the help of the members of the Executive council.

So in the same situation Dyarchy failed.

CONCLUSION:

The conclusion of the Act stood Failed because of the inherent defect in the system and couldn't provide Responsible Government to the Indian.

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THE GOVERRNMENT OF INDIA ACT,1935.

BACK GROUND OF THE ACT:

As it was stated that previous Act,Act of ,1919.Introduced Dyarchy in the state and had stood failure unworkable.

Accordingly a commission of inquiry was made namely “SIMON COMMISSION” ON 26 November 1927 to inquire the working of the system of government and report among the matters.

The Simon Commission remommended in its report of 27 May ,1930. About further reforms toward responsible government. The Simon Commission report was repudiated by Indian public opinion. The result was unrest and chaost.

After the publication of the Simon Commission Three Round Table conferences were arranged but proved not fruitful and the recommendation of the conferences were published and a committee was appointed on 20 Dec.,1931.called THE INDIAN FRANCHISE COMMETTEE. to set up a constitution and his chairman was Lord Lothian the Viceroy of India. The recommendations of the committee was published in ,1934. And the same report was presented to the British parliament for approval and the Parliament passed the Bill in 24 July,1935. And enforced in country.

The Government of India Act was enacted on 02 August,1935.

THE PROVISIONS OF THE ACT.

1. BY CAMERAL LEGISLATURE:

The act provided Bi cameral legislature system and houses were Upper House and Lower House.

ü Upper House: The Upper House was Council Of State.

260 Members /150 elected and 10 nominated by the British India. It was permanent body tenure 09 yrs.

ü Lower House: Federal Assembly known as Lower House.

375 Members /250 elected and 125 nominated by State and tenure 05 yrs.

Permanent means house does not change but members after specified time like here we have senate.

2. PROVINCIAL AUTONOMY:

Improvement in the Act, introduced responsible government in the Provinces while Provincial administration was transferred to the Indian Ministers. Who were responsible to the provincial Legislatures.

3. ALL INDIA FEDERATION:

Here in this act the unitary form of Government was abolished and replaced with the ALL INDIA FEDRATION.

4. DYARCHY AT THE CENTER:

By this act Dyarchy came to an end but it was still remaining in the Center in central government.

5. SAFE GUARDS:

Special responsibilities of administration were lied to the Indian Ministers Governor General powers of interference when as well as independently Governor special responsibility peace and law and order system and protection of the right of minorities.

6. RIGID CONSTITUTION:

Bringing amendment was very lengthy and cumbersome and too difficult and couldn't be amended easily.

7. FINANCIAL POWERS:

No change was brought in it remain as it was; 80% budget Governor General and Secretary of State was paid by the British Government.

8. EMERGENCY POWERS:

Emergency powers were with the Governor General of dissolving legislature and he could appoint his advise from services.

Discretionary Matters: could consult Ministers

ü Defense,External affairs ,Ecclesiastical ,affairs etc.

ü Dismiss the council of ministers etc.

ü Power of Veto.

ü Suspend the constitution.

9. ELECTION:

Election were to be held in 1937 what were won by the congress.

CRICTISM.

This Act had suffered and from many glaring defects and disadvantages and important of such are as follows.

1. ALL INDIA FEDERATION:

This Provision of the Act was criticized a lot that apparently composed of separate constituent units all components parts administered by Uniform system

2. PART ENFORCED:

Though passed in 1935 no attempt had been taken to enforce the Federal part of the Act and part suspended for time being.

CONCLUSION

THE CONCLUSION OF THE ACT THAT IT COULDN'T GET APPRECIATION OF THE PEOPLE OF INDIAN AND WIGH CONGRESS MUSLIM LEAGUE ALSO REGECTED THI ACT,THAT ACT COULDN'T GUARENTEE THE INDIVIDUAL LIBERTIES AND THEIR RIGHTS.

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THE INDIAN INDEPENDECE ACT OF,1947.

The back ground of the Indian Independence act,1947.

When British Government had no another option but to do agree to the partition of the subcontinent into two different states, a Muslim India and a non Muslim India. A plan for this purpose was officially announced on 3 June,1947. This 3 June plan was an option what was given to the other provinces represents that whom they want to join a constituent assembly or new one. 3^rd June was worked by the Lord Mountten the last Viceroy.

And it was approved by the British Parliament in the middle of the April.

To give affect to the 3^rd June plane British Parliament passed THE INDIAN INDEPENDENCE ACT 1947. What provided two new nation as Pakistan and India independently.

Till 14^th of the August Britishers they had sway but afterward,

THE PROVISIONS OF THE ACT

1. PARTITION OF INDIA:

This act by two independent nations/states were establishe,India and Pakistan.

2. SUPREMACY OF LEGISLATURE:

Legislatures were given the full right of the making laws for the both of the countries.

3. CEASEMENT OF THE BRITISH PARLIAMENT:

By this act the powers of the British Parliament were ceased now they were not acceptable to any country from 15^th of the August.

4. NEW CONSTITUTION FRAMED FOREACH DOMINION:

Until new Dominions are going to frame constitutions for themselves they should be governed with the Indian Act of 1935. But each of the dominion is authorized to modify the Government of India act,1935 under the act of Indian Independence act,1947.

5.MODIFY OR ADOPT THE GOVERNMENT OF INDIA ACT,1935.

Governor General was powered to modify or adopt as necessary till 31^st March 1948. After that every dominion would constitute assembly and constitute new constitution.

5. POWER OF GOVERNOR ENERAL:

The right of the King to veto law was given to the Governor General.

6. TERMINATION OF SUZERAINTY:

SUZERAINTY: the position or authority of foreign rule were terminated over Indian states. all treaties ,agreements,functions regard to state lapes from 15^th August 1947.

7.OFFICE OF SECRERTARY OF STATE ABOLISHED:

By this act all functions of the Secretary were taken away and given to the common wealth affairs.

8.APPOINTMENT OF GOVERNOR GENERAL:

By this act Governor General were appointed for both the dominions, appointed by the King under his majesty represent his majesty until provision comes into force.

9.POWERS OF GOVERNOR GENERAL:

It is necessary to bring this act into operation a provision should be made modification in act of 1935. Remove difficulties with the connection with the provision of act application to separate dominions.

To take the charge of agreements made by British government before 15^th August 1947.

10. CIVIL SERVICE:

Persons were appointed in civil service continues after 15^th August 1947. And served as judge either of the dominions.

11.PARTITION OF THE ARMED PERSON:

for the partition of the forces a committee was formed,two top leader of the congress and two top leader of the Muslim league were included and Viceroy Lord Mount Benton stood chairman of the committee until division completed all forces remained under the control of the Commander in chief.

12.BRITISH AUTHORITY WAS TERMINATED:

By this act the sway of the British was terminated and set up the two independent states or dominions and a responsibility was given them to frame constitutions.

13.INDIAN PRINCELY STATES LAPSE:

The Indian Princely states were lapsed and on 15^th August 1947. Two different states came into being and the states were given the chance to adopt and of the dominions duly considering geographically ,seeing the location of their states and wishes of people

CONCLUSION:

It might be concluded that by this act the sway of the British over subcontinent came to an end and two independent states came into being. And the rights of the people of the Indians were accepted.

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OBJECTIVE RESOLUTIONS,1949.

THE BACK GROUND OF THE RESOLUTIONS:

As we know that partition of the Subcontinent took place with the Indian act of Independence to independent states came to being. After the partition for Pakistan it was a major problem to frame a constitution in this regard an assembly was constituted by the direction of the Muhammad Ali Jinnah. And this assembly was lapped with the responsibilities of framing constitution for the nation. But after the constituting of this assembly the merciless hands of the death lapped Jinnah. So in the March, 1949. One resolution namely Objective resolution was passed which enunciated the priciples on the basis of which the constitution was to be framed. This act was presented by the Mr.Liaqut Ali Khan. It was like the preamble of the constitution

THE IMPORTANT PRINCIPLE OF THE OBJECTIVE RESOLUTION:

1.SOVEREIGNITY:

It was started therein that the sovereignty over the entire universe belongs to Allah Almighty and it will be esercised in Pakistan by the People as His sacred trust.

2.FEDERATION PAKISTAN TO BE:

Secondly that Pakistan to be federation in which the state shall exercise its powers through the chosen representative of the people.

3.DEMOCRACY TO BE SECURED BY THE RESOLUTION:

That by this the Democracy in country should be encouraged and no effort should be waved to encourage this.

4.PRINCIPLES OF ISLAM:

That all Muslims of country should be faciliated that they may be able to oreder their lives accordig to the Islam and freedom,equality ,tolerance and social justice and teachin of the Holy Quran and other Islamic education to be prevailed or secured by this resolution.

5.PROTECTION OF THE MINORITIES:

That the rights of the minorities to be protected and they should be at liberty

To order their lives with the accordance of their religion.

6. FUNDAMENTAL RIGHTS OF THE CITIZENS TO BE PROTECTED:

That the fundamental rights of the all citizens should be protected and they should be encorporated with the constitutions, and the interest of the back word areas should be safeguarded.

7.FREEDOM OF JUDICIARY:

That the freedom of Judiciary to be guaranteed and it should be independent.

8.FREEDOM OF PARLIAMENT:

That the Parliament should be free and independent to make law for the nation.

THE Objective resolution became the preamble of the constitutions of 1956, 1962, 1973.

THE FIRST MISHAP:

THE first mishap on the constitute assembly was when Ghulam Muhammad dismissed the Khwaja Nizamdin and his cabinet. Though he was having the clear majority in the constitute assembly.

THE SECOND MISHAP:

The second mishap was when on the 24^th of the October 1954.Mr.Ghulam Muhammad knowing fully that the draft of the constitution is ready and prepared by the constitute assembly so he dissolved the Constituent assembly and placed the guards outside of the assembly hall what is known the second mishap.

THE LEGAL FRAME WORD ORDER,1969.

BACK GROUND OF LFO,1969.

This was the era of the march ,1968.that when Mr.Ayub khan completed his decade of rule the country as military and civilian head. And this was the opportunity what for opposition was waiting for. And by conference and seminars the actions of last decade were being applauded. This was the opportunity what for opposition was waiting. And decided to bring country wide movement against the Govt. and PPP was also energetic with the slogans of the shelter,clothse and bread. The movement what was started peacefully at the beginning but got dangerous shape later then there was agitation and there were clashes between the police and protesters. Subsequently the action was also taken by the president and to combat these propagandas and the people were arrested and criminal cases were filed against the protesters. Untill 1969,feb. there was conflict to get out from these difficulties a step is taken by the president.that a round table conference or talk is managed. All the political leaders including Mujiburahman was also made sit in it and ANP also. By third week of the March The President ended the dialogues with the political leaders. It was looking that now the President will keep quite and sit but on 24 March ,1969.he invited the Mr.Yeha khan the chief of Army staff to take over the charges of the situation and handed over all the powers to him his this decision was not only the defy of his Honour but also brought such person on the chair of the presidentship who was just wearing the uniform of the army chief of staff.

After the invitation from the Mr.Ayub khan Mr.Yeha khan was to defend the country from the internal and external challenges. The first and immediate work done of Mr.Yeha Khan was promulgating Martial law in the country on the 25,March,1969. On 31^st March ,1969. Assuming to himself the powerw of the Chief Martial law administrator and comander of the army ,and on the 25 March assumed the office of the president.

The laws promulgated by General Yeha Khan.

ü The proclamation dated 25^th March,1969 was issued to dissolve the National and Provincial assemblies.

ü The provisional constitution Order dated 31 March,1969 was issued.

ü and the Important law was made by the Yeha Khan was the

LEGAL FRAME WORK ORDER.

ü On the 27^th of the August issued the Electoral Rolls Order 1969. On the basis of adult franchise that to take part in the Elections the provisions are,

ü Not less than 28 years of age

ü Sound mind

ü Resident of the electoral area

ü Should not be enrolled on two places.

On the 30^th of the March 1970 passed Legal Frame Work Order

THE LEGAL FRAME WORK ORDER:

The legal frame work order,1970 was passed in order to restore the democratic institutions in the country. and the important provisions of the LFO 1970 are as follow.

1. NATIONAL ASSEMBLY:

That the National Assembly should be consist of the 313 members and 300 seats would be General seats and 13 would be reserved from each Pakistan. And seats were distributed on the basis of the population of the provinces the seats were conferred to the provinces were Punjab,180, Sindh,60.NWFP,40 and the Balochistan carried 20 seats.

2. FUNDAMENTA PRINCIPLES TO BE EMBODIED IN CONSTITUTION TO BE FRAMED:

In the Article 20 of the Order few principle were laid down that while framing the Constitution National Assembly should follow those. That the Pakistan is Federal Republic unit and the other territories would be the federating units. That the National solidarity should be ensured,Islamic Ideology should be preserved,the head of the state should be Muslim,and Democracy would be incorporated and the fundamental rights of the citizen should be protected. And that the powers of the Legislation,Financial and administrative will prevail in Federal and the federating units,and provinces would be given maximem autonomy and Federal Government also will enjoy the adequate powers to discharge the responsibilities in respect of the internal and external affairs and to preserve the independence and national integrity and also that the National assembly should be produce before the President to authonticate.

3. THE POWER OF THE REFUSING NATIONAL ASSEMBLY BILL:

A strange provision was given in the LFO of 1970. That if National Assembly by passed the Principles what are given in the order to frame the constitution so the President could refuse it to have effect and assemblies could be dissolved.

The general election were held under Legal Framework Order ,1970.to the National Assembly on 7 dec.1970 and to the Provincial assembly on the 17^th dec.1970. except the constituencies of the east Pakistan what held on the 17^th Jan.1971. the result of the election was announce soon after the polls and all the seats of the East Pakistan were captured by the ANP and the majority of the seats of the West Pakistan were achieved by the PPP.

On the 25^th of the March the President ordered the military to action in the East Pakistan and Shah Mujib was arrested. And in this situation India intervened and East Pakistan became Bangladesh.

On the 20^th Dec.1971.a proclamation was made by the president and all the powers of the Martial law administrator and the command of the all forces were handed over to the Zulifqar Ali Bhutto.

THE CONSTITUTION OF THE.1956.

BACK GROUND OF THE CONSTITUTION:

This constitution was framed by the the Constitute assembly in the name of the people and after it was assented by the Governor general ,it came into force with effect from 23,March,1956. By this act Pakistan was declared a Republic and its link was severed by the British. The main features of the Constitution were as follow.

1.THE SYMBOLIC NAME WAS GIVEN TO THE CONSTITUTION:

By this constitution a symbolic name was given to the country it is declared as the Islamic Republic Of Pakistan. And few other things like the President should be Muslim and no law should be made what is repugnant to the injunction of the Isla.

2.LENGTHIEST CONSTITUTION:

This constitution was one of the lengthiest constitution of the world carrying one preamble 234 articles,and was divided into 13 parts and 6,schedules, the reason of its being its long was that framers put a lot of detail of the executive laws etc.

3.PARTLY RIGID AND PARTLY FLEXIBLE:

The constitution was partly rigid and partly flexible .

4. FEDERAL IN NATURE:

The constitution was Federal in nature the executive powers were given to the federal and federating units were also given the powers,

5.STRUCTURE OF CONSTITUTION WAS BRITISH:

The structure of the constitution was like the British like the form of the presidency and supremacy of the judiciary etc were like.

6.THE PRESIDENT AS HEAD OF THE STATES:

By this constitution The president would be the President who would be elected by the people.

7.ISLAMIC PROVISION :

The constitution was based in Islamic provisions and it encouraged that may Muslims order their lives with the accordance of Injunctions of Islam. And the teaching of Glorious Quran and Hidith was put obligatory.

8.FUNDAMENTAL RIGHTS PROTECTED:

The fundamental rights of the citizens were protected by the constitution.

9.PARLIAMENT:

Parliament was consisting a house unicameral like. National Assembly consisting 300 Members one half from East Pakistan and one half from West Pakistan ten seats were for women equally five five from each Pakistan. And the tenure of the assembly was five years if not dissolved before.

10.PROVINCIAL AUTONOMY:

Complete freedom of Provincial government from control of central government and central government can direct province governments.

11.ELECTION:

Election would be on the basis of the adult franchise. Every citizen of Pakistan obtaining the age of the 21 years can vote.

12.SUPREME COURT:

Supreme court is set in Karachi consisting a Chief Justice and six other Judges. Judges are appointed by the President and can hold office 65 years till.

13. PREAMBLE:

The copy of the Objective of the resolutions stood the preamble of the constitutions what is discussed above.

14. DIRECTIVE PRINCIPLES OF THE STATE POLICY:

List of the Directive policies was also annexed with the constitution the salient features of what are as follow;

ü Unity among the Muslims should prevail and satisfactory attempts should be taken by the government.

ü Attempts should be taken by the state to easy the Muslims that they may order their lives with the accordance of the Injunction of the Islam.

ü State shall discourage people who the function to promote the prejudice among the citizens.

ü Safe guard rights of Minorities for attempts be taken by the government.

ü State shall take the attempts to abolish the illitracy.

ü State security shall not be compromised and courageous attempts shall be taken by the government.

FUNDAMENTAL RIGHTS WHAT ARE PROTECTED BY THE CONSTITUTION

The list of the fundamental rights are as follow,

ü Rights of Man: every man has right to live as human. Without any discrimination of religion and other tribe.

ü Equity before law: that all are equal before law and nobody should be deprived from his life.

ü Protection against Retrspective offences or punishment; that No person shall be punished what is not by law and if it is be punished prescribed by the law.

ü Safe guard as to arrest and detention: no body shall be detained but accordance with law.

ü Freedom of speech: no restriction shall be to speak but prescribed by the law.

ü Freedom of the assembly: the citizens are at liberty to assemble but peacefully.

ü Freedom of movement and to have or dispose the property: this is the right of the people that they may move where they want and have right on their property to have or dispose that.

ü Freedom of trade and business: this is the right of the people that they are at liberty to trade but accordance with the law.

ü Right of education: that this is the right of the citizens to have proper education with out any discrimination.

ü Slavery and force labour prohibited: that the slavery and forced labour be prohibited.

ü Freedom to profess religion: that every individual is at liberty to profess any religion and manage religious institutions.

THE PRESIDENT AS HEAD OF STATE UNDER THIS CONSTITUTION.

Under the Constitution of the Islamic Republic Of Pakistan 1956. President is the head of the state. And there is Presidential form of the Government. THE PRESIDENT AS EXECUTIVE:

The President is the executive of the state.

ELECTION OF THE PRESIDENT:

The President should be elected by the electoral college by the members elect of the National assembly and provincial assemblies by secret ballot box.

QUALIFICATION OF THE PRESIDENT:

Muslim,40 years of age,citizen of Pakistan. And qualified for election as prescribed in the constitution.

TERM OF THE OFFICE OF THE PRESIDENT:

THE tenure of the office of the President is 5 years and could be resigned and be impeached

POWERS OF THE PRESIDENT:

Under this constitution the President had discretionary and some executive powers that he could appoint Ministers,Judges of Supreme court and High court and governors.

In legislative powers he had powers of summon,dissolve national assembly and budget.

In judicial powers he had powers of pardoning and appointment of judges.

Financial powers in he had power of financial statement expendent of Income of Federation.

In military power he had power of supreme command of armed forces.

Emergency powers he had power of the imposing Emergency by war and failure of constitutional machinery.

ABROGATION OF THE CONSTITUTION.

Within 2 and half years of coming of this constitution into force and before the election would be held the President of Pakistan issued a proclamation on 7 Oct. 1958.abrogating the constitution dismissing the central and national assemblies and placed the country under Martial law.

So a writ was petitioned by the Dosso Vs stated in which it was decided that the abrogating the constitution by the President was valid.

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THE CONSTITUTION OF THE PAKISTAN ,1962.

THE BACK GROUND OF THE CONSTITUTION:

On 17^th of the February 1960 the President appointed a constitution commission headed by an eminent Judge with the3 terms of reference to submit constitution proposals in the form of a report and the commission in its reports ,recommended a Presidential form of Government. The main features of the constitution were made public by the President himself on 28 Feburary 1962 in a speech broadcast to the nation.

THE SALIENT FEATURES OF THE CONSTITUTION OF 1962.

ü PREAMBLE: The constitution begins with the Preamble and in the points of the preamble were 1. Sovereignty, belong to Allah almighty enforceable by the people as Sacred trust. 2.Demorcatic state 3.Principal of Islam fully observed ,democracy, freedom, equality, tolerance and social justice.4. Interest of minorities to be protected, 5.fundamental rights to be protected. 6.Independence of Judiciary.

ü PRESIDENTIAL SYSTEM: THE President would be head of the state. Executive authorities would be vested in him and appointment of the Governors and they would be the agent of the President.

The election of the President would be of the Indirect.

No bill would be introduced with out the consent of the President.

Any conflict if occurs so matter would be sent to the member of the electoral collage as referendum.

Once the budget sanctioned national assembly would not change it with out the consent of the President.

ü PRINCIPAL OF LAW MAKING:

IN principal of law making the including are as follow,

1. That no law should be made what is repugnant to the Injunction of Islam.

2. Equality before law that every citizen are equal before law. and all citizen to be protected.

3. No law shall be made what restricts a citizen from free movement. And restricts a citizen from expression of the thoughts.

4. And no law should be made what snatches the right of the assembling peacefully from the citizens.

5.Every citizen is free to join and run any profession or trade no restriction should be.

6.No restriction to attend the religious ceremonies and profess any religion.

7. Protection against the unlawful detention and arrest.

8. no compulsory acquisition but for the public purpose with the compensation.

9. no law shall deprive a citizen from proceeding to the educational institution

10. no law shall permit slavery in any form.

11. no law shall permit forced labour.

These above all points were the Principal of the law making and these above points were given that laws not to be made ignoring these all above points.

PRINCIPLES OF POLICY.

The principles of policy are as follow what were engaged with the constitution of 1962. And responsibility of authority of st5ate to act in accordance with the principles o policy.

1. steps to be taken for the lives of Muslims of Pakistan may order their lives with the accordance of the injunction of Islam.

2. Teaching of Holy Quran, Sunnah to be necessary in the country.

3. steps should be taken to bring the unity among the Muslims.

4.Proper Organization of zakat, waqf, and mosues to be managed.

5. Racial, Tribal, Provincial prejudices should be discouraged.

6. Rights of the Minorities to be protected.

7. Special care to promote educational interest of people.

8. free and compulsory primary education and illiteracy to be eliminated.

9. Well being of people should be worked for irrespectively of religion,race,and caste.

10. All citizens shall have the opportunity of the working and earn their lively hood.

11. steps shall be taken for the providing the basic necessities of life such clothing,housing,food,education and medical.

12. Steps to be taken to bring the Unity among the Muslim countries.

12. No citizen shall be deprived from the service of Pakistan.

4. THE FUNDAMETAL RIGHTS.

NOTE: No fundamental list was annexed with the constitution initially but by the first amendment Act 1963. A list of the fundamental rights was annexed similar to the constitution of 1956. And listed in the fourth scheduled.

FUNDAMENTAL RIGHTS WHAT ARE PROTECTED BY THE CONSTITUTION

The list of the fundamental rights are as follow,

ü Rights of Man: every man has right to live as human. Without any discrimination of religion and other tribe.

ü Equity before law: that all are equal before law and nobody should be deprived from his life.

ü Protection against Retrospective offences or punishment; that No person shall be punished what is not by law and if it is be punished prescribed by the law.