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The Constitution of Pakistan

August 07, 2023
The Constitution of Pakistan

The Constitution of Pakistan

The Constitution of Pakistan serves as the country’s supreme legislation, outlining people’s rights and obligations as well as providing the foundation for government. It acts as the fundamental law that establishes the rules and regulations for managing the country and sustaining the ideals Pakistan was founded on. Throughout Pakistan’s history, the Constitution has undergone numerous adjustments and revisions that reflect the changing demands and ambitions of the people.

Historical Context and Constitutional Development

  • The 1935 Government of India Act and British Rule
    The Government of India Act, of 1935, which the British used to rule the Indian subcontinent, is where Pakistan’s constitutional history’s origins may be found. This law established the basic structure for governing British India and lay the groundwork for upcoming constitutional changes.
  • The Goal-Oriented Resolution
    In order to create an Islamic state in Pakistan, Prime Minister Liaquat Ali Khan presented the Objective Resolution to the Constituent Assembly in 1949. The decision was used as a foundational concept for later constitutional drafts.
  • The Government of India Act, of 1956, was India’s first constitution.
    Pakistan became an Islamic Republic in 1956 after adopting its first constitution. A President serves as the head of state and a Prime Minister leads the government, according to the constitution, which established Pakistan as a federal parliamentary democracy.
  • 1962 was the year of the second constitution.
    Pakistan enacted its second constitution in 1962, switching from a parliamentary to a presidential administration. The fact that the President was given substantial authority under this constitution raised questions about authoritarianism and centralized control.

Features of Pakistan’s Constitution
The Pakistani Constitution contains a number of crucial provisions that influence the country’s government and legal framework.

  • Powers that are divided and the federal system
    Pakistan has a federal system of governance in which the federal government and the provinces have equal authority. Each region is given a balance of authority and autonomy because of this split.
  • Islamic laws and official religion
    The constitution establishes Islam as the official religion and stipulates that laws and policies should be based on Islamic values.
  • Fundamental obligations and rights
    All citizens have fundamental rights guaranteed by the Constitution, including equality, freedom of speech, religion, and the right to an education. It also emphasizes the essential obligations that all people have.
  • The Prime Minister, the President, and the Parliament
    The President, Prime Minister, and Parliament’s responsibilities and authority are set forth in the Constitution. While the Prime Minister leads the government, the President serves as the formal head of state. The National Assembly and the Senate make up the bicameral body known as the Parliament.
  • Judiciary’s impartiality
    The Supreme Court is designated by the Constitution as the supreme legal authority in the nation, upholding the independence of the judiciary.

Modifications and the Basic Structure Doctrine
The constitution can be amended to reflect new conditions, however, some clauses are seen as being fundamental to the document and cannot be changed.

  • Relevance and Importance of the Constitution
    The Pakistani Constitution serves a number of crucial purposes and is crucial to the stability and government of the nation.
  • Individual and State Rights in Balance
    The Constitution guarantees a balance between state power and individual rights, protecting citizens’ liberty while upholding law and order.
  • Defending the national interest
    It offers a legal framework to address both internal and external concerns while safeguarding Pakistan’s national interests and sovereignty.
  • Keeping the law in force
    The rule of law is enshrined in the constitution as the cornerstone of government, guaranteeing transparency and equity in the delivery of justice.
  • Aiming to advance social justice and equality
    By extending basic rights and opportunities to marginalized populations, it fosters social justice and equality.

Problems and Disputations
The Pakistani Constitution, however, has endured a number of difficulties and disputes throughout the years.

  • Martial Law and militarization
    Periods of military control in Pakistan resulted in the suspension of the constitution and the degradation of democratic institutions.
  • Centralization and Provincial Autonomy
    Demands for more provincial autonomy have fueled continuous discussions regarding the division of power between the federal government and the provinces.
  • Islamization and rights for minorities
    Concerns regarding the rights and status of religious minorities in the nation arose throughout the 1980s Islamization process.
  • Political unrest and constitutional amendments
    Political scheming and frequent constitutional revisions have occasionally caused instability and unpredictability in the political system.

Recent Changes & Modifications
The Pakistani Constitution has undergone major amendments in recent years to meet new problems and worries.

  • 18th Amendment and Power Devolution
    The 2010 18th Amendment to the Constitution increased regional autonomy by transferring certain authority from the federal government to the provinces.
  • Military Courts and the First Amendment
    In order to prosecute people implicated in terrorism-related acts, military courts may be established under the 2015-passed 21st Amendment.
  • The merger of the 25th Amendment and FATA
    The Federally Administered Tribal Areas (FATA), which had previously had a separate administrative status, were united with Khyber Pakhtunkhwa Province by the 25th Amendment, which was ratified in 2018.

The Bottom Line
The Pakistani Constitution is a dynamic text that captures the nation’s changing goals and difficulties. It is essential for establishing a legal foundation for government, defending citizens’ rights, and advancing the principles Pakistan was established on. The constitution still serves as the cornerstone of Pakistan’s democracy and sense of national identity despite overcoming several difficulties and conflicts.

What does Pakistan’s Constitution serve to achieve?
The Pakistani Constitution is the foundational law that establishes the country’s governing principles, spells out people’s rights, and defends the ideals that gave rise to Pakistan.

What role does the Constitution’s 18th Amendment play?
The 18th Amendment increased regional autonomy and addressed centralization concerns by transferring some federal authority to the provinces.

Does Pakistan’s Constitution protect everyone’s fundamental rights?
The right to equality, as well as the freedoms of expression, religion, and education, among others, are all enshrined in the Pakistani Constitution.

What function does the President have under Pakistan’s system of government?
The President of Pakistan serves as the ceremonial head of state, upholding the republic’s unity and carrying out a number of constitutional duties, such as appointing the Prime Minister and dissolving the National Assembly.

How may the Pakistani Constitution be changed?
The process for amending the Pakistani Constitution is stated in Article 238 and calls for a two-thirds majority in both houses of Parliament or a joint session of both houses. But some clauses—like the fundamental design of the constitution—cannot be changed.

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Shagufta Naz is a Multi-disciplinary Designer who is leading NewzFlex Product Design Team and also working on the Strategic planning & development for branded content across NewzFlex Digital Platforms through comprehensive research and data analysis. She is currently working as the Principal UI/UX Designer & Content-writer for NewzFlex and its projects, and also as an Editor for the sponsored section of NewzFlex.