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This article is about the country. For other uses, see Pakistan (disambiguation).

Coordinates: 30°N70°E / 30°N 70°E / 30; 70

Islamic Republic of Pakistan

اِسلامی جمہوریہ پاكِستان‬ (Urdu)
Islāmī Jumhūriyah Pākistān[1]

Motto: Īmān, Ittihād, Nazam
ایمان، اتحاد، نظم‬ (Urdu)
"Faith, Unity, Discipline" [2]

Area controlled by Pakistan shown in dark green; claimed but uncontrolled region shown in light green

CapitalIslamabad
33°40′N73°10′E / 33.667°N 73.167°E / 33.667; 73.167
Largest cityKarachi
24°51′36″N67°00′36″E / 24.86000°N 67.01000°E / 24.86000; 67.01000
Official languages
Recognised regional languages
National languageUrdu[11][12]
Ethnic groups(2016)44.68% Punjabis
15.42% Pashtuns
14.1% Sindhis
8.38% Saraikis
7.57% Muhajirs
3.57% Balochs
6.28% Others[13]
Religion96.4% Islam(Official)[14]
3.6% others[13]
DemonymPakistani
GovernmentFederal parliamentary constitutional republic

• President

Mamnoon Hussain

• Prime Minister

Shahid Khaqan Abbasi

• Chairman of the Senate

Raza Rabbani

• Speaker of the Assembly

Sardar Ayaz Sadiq

• Chief Justice

Mian Saqib Nisar
LegislatureParliament

• Upper house

Senate

• Lower house

National Assembly
Independence from the United Kingdom

• Dominion

14 August 1947

• Islamic Republic

23 March 1956

• Current constitution

14 August 1973
Area

• Total

881,913 km2 (340,509 sq mi)[a][16] (33rd)

• Water (%)

2.86
Population

• 2017 census

209,970,000[17] (5th)

• Density

244.4/km2 (633.0/sq mi) (56th)
GDP (PPP)2017 estimate

• Total

$1.060 trillion[18] (25th)

• Per capita

$5,374[18] (137th)
GDP (nominal)2017 estimate

• Total

$304.4 billion[19] (42nd)

• Per capita

$1,629 [20] (145th)
Gini (2013)30.7[21]
medium
HDI (2015) 0.550[22]
medium · 147th
CurrencyPakistani rupee (₨) (PKR)
Time zonePST(UTC+5b)
Drives on theleft[23]
Calling code+92
ISO 3166 codePK
Internet TLD.pk

Website
www.pakistan.gov.pk

Pakistan[b] (Urdu: پاکِستان‬‎), officially the Islamic Republic of Pakistan (Urdu: اِسلامی جمہوریہ پاکِستان‬‎), is a country in South Asia and crossroads of Middle East and Central Asia. It is the fifth-most populous country with a population exceeding 209,970,000 people.[17] In area, it is the 33rd-largest country, spanning 881,913 square kilometres (340,509 square miles). Pakistan has a 1,046-kilometre (650-mile) coastline along the Arabian Sea and Gulf of Oman in the south and is bordered by India to the east, Afghanistan to the west, Iran to the southwest, and China in the far northeast. It is separated narrowly from Tajikistan by Afghanistan's Wakhan Corridor in the northwest, and also shares a maritime border with Oman.

The territory that now constitutes Pakistan was the site of several ancient cultures, including the Mehrgarh of the Neolithic and the Bronze AgeIndus Valley Civilisation, and was later home to kingdoms ruled by people of different faiths and cultures, including Hindus, Indo-Greeks, Muslims, Turco-Mongols, Afghans, and Sikhs. The area has been ruled by numerous empires and dynasties, including the Persian Achaemenid Empire, Alexander III of Macedon, the Indian Mauryan Empire, the Arab Umayyad Caliphate, the Gupta Empire,[24] the Delhi Sultanate, the Mongol Empire, the Mughal Empire, the Afghan Durrani Empire, the Sikh Empire (partially), and, most recently, the British Empire.

Pakistan is the only country to have been created in the name of Islam.[25][26] As a result of the Pakistan Movement led by Muhammad Ali Jinnah and the subcontinent's struggle for independence, Pakistan was created in 1947 as an independent homeland for Indian Muslims.[27] It is an ethnically and linguistically diverse country, with a similarly diverse geography and wildlife. Initially a dominion, Pakistan adopted a constitution in 1956, becoming an Islamic republic. An ethnic civil war in 1971 resulted in the secession of East Pakistan as the new country of Bangladesh.[28] In 1973 Pakistan adopted a new constitution establishing, alongside its pre-existing parliamentary republic status, a federal government based in Islamabad consisting of four provinces and four federal territories. The new constitution also stipulated that all laws are to conform to the injunctions of Islam as laid down in the Quran and Sunnah.[29]

A regional[30][31][32] and middle power,[33][34][35] Pakistan has the sixth-largest standing armed forces in the world and is also a nuclear power as well as a declared nuclear-weapons state, the second in South Asia and the only nation in the Muslim world to have that status. Pakistan has a semi-industrialised economy with a well-integrated agriculture sector and a growing services sector.[36][37] The Pakistani economy is the 24th-largest in the world in terms of purchasing power and the 41st-largest in terms of nominal GDP (World Bank). It is ranked among the emerging and growth-leading economies of the world,[38][39] and is backed by one of the world's largest and fastest-growing middle class.[40][41]

Pakistan's political history since independence has been characterized by periods of military rule, political instability and conflicts with India. The country continues to face challenging problems, including overpopulation, terrorism, poverty, illiteracy, and corruption.[42][43][44][45] Pakistan is a member of the United Nations, the Non-Aligned Movement, the Organisation of Islamic Cooperation, the Commonwealth of Nations, the Economic Cooperation Organisation, the Shanghai Cooperation Organisation, the South Asian Association for Regional Cooperation, the Developing Eight, and the G20 developing nations, Group of 24, Group of 77, and ECOSOC. It is also an associate member of CERN. Pakistan is a signatory to the Kyoto Protocol, the Paris Agreement, and the International Covenant on Civil and Political Rights.

Etymology

The name Pakistan literally means "land of the pure" in Urdu and Persian. It alludes to the word pāk meaning pure in Persian and Pashto.[46] The suffix ـستان (-stān) is a Persian word meaning the place of, and also recalls the synonymous (and cognate) Sanskrit word sthānaस्थान.[47]

The name of the country was coined in 1933 as Pakstan by Choudhry Rahmat Ali, a Pakistan Movement activist, who published it in his pamphlet Now or Never,[48] using it as an acronym ("thirty million Muslim brethren who live in PAKSTAN") referring to the names of the five northern regions of the British Raj: Punjab, Afghania, Kashmir, Sindh, and Baluchistan.[49][50][51] The letter i was incorporated to ease pronunciation.[52]

History

Main article: History of Pakistan

See also: Outline of South Asian history

Early and medieval age

Main articles: Indus Valley Civilization, Vedic Civilization, Mauryan Empire, Indo-Greek Kingdom, Gupta Empire, Pala Empire, Sikh Empire, and Mughal Empire

Some of the earliest ancient human civilisations in South Asia originated from areas encompassing present-day Pakistan.[53] The earliest known inhabitants in the region were Soanian during the Lower Paleolithic, of whom stone tools have been found in the Soan Valley of Punjab.[54] The Indus region, which covers most of present day Pakistan, was the site of several successive ancient cultures including the Neolithic Mehrgarh[55] and the Bronze Age Indus Valley Civilisation[57][58][59][60] (2,800–1,800 BCE) at Harappa and Mohenjo-Daro.[61][62]

The Vedic Civilisation (1500–500 BCE), characterised by Indo-Aryan culture, during this period the Vedas, the oldest scriptures associated with Hinduism, were composed and this culture later became well established in the region.[63][64]Multan was an important Hindu pilgrimage centre.[65] The Vedic civilisation flourished in the ancient Gandhāran city of Takṣaśilā, now Taxila in the Punjab, which was founded around 1000 BCE.[55] Successive ancient empires and kingdoms ruled the region: the Persian Achaemenid Empire (around 519 BCE), Alexander the Great's empire in 326 BCE[67] and the Maurya Empire, founded by Chandragupta Maurya and extended by Ashoka the Great, until 185 BCE.[55] The Indo-Greek Kingdom founded by Demetrius of Bactria (180–165 BCE) included Gandhara and Punjab and reached its greatest extent under Menander (165–150 BCE), prospering the Greco-Buddhist culture in the region.[55][68] Taxila had one of the earliest universities and centres of higher education in the world, which was established during the late Vedic period in 6th century BCE.[69][70] The school consisted of several monasteries without large dormitories or lecture halls where the religious instruction was provided on an individualistic basis.[70] The ancient university was documented by the invading forces of Alexander the Great, "the like of which had not been seen in Greece," and was also recorded by Chinese pilgrims in the 4th or 5th century CE.[71][72][73][74]

At its zenith, the Rai Dynasty (489–632 CE) of Sindh ruled this region and the surrounding territories.[75] The Pala Dynasty was the last Buddhist empire, which, under Dharmapala and Devapala, stretched across South Asia from what is now Bangladesh through Northern India to Pakistan.

The Arab conqueror Muhammad bin Qasim conquered Sindh in 711 CE.[76][77][78][79][80] The Pakistan government's official chronology claims this as the time when the foundation of Pakistan was laid[76][81][82] but the concept of Pakistan came in 19th century.The Early Medieval period (642–1219 CE) witnessed the spread of Islam in the region. During this period, Sufimissionaries played a pivotal role in converting a majority of the regional Buddhist and Hindu population to Islam.[83] These developments set the stage for the rule of several successive Muslim empires in the region, including the Ghaznavid Empire (975–1187 CE), the Ghorid Kingdom, and the Delhi Sultanate (1206–1526 CE). The Lodi dynasty, the last of the Delhi Sultanate, was replaced by the Mughal Empire (1526–1857 CE).

The Mughals introduced Persian literature and high culture, establishing the roots of Indo-Persian culture in the region.[84] From the region of modern-day Pakistan, key cities during the Mughal rule were Lahore and Thatta,[85] both of which were chosen as the site of impressive Mughal buildings.[86] In the early 16th century, the region remained under the Mughal Empire ruled by Muslim emperors.[87] By the early 18th century, increasing European influence contributed to the slow disintegration of the empire as the lines between commercial and political dominance became increasingly blurred.[87]

During this time, the English East India Company had established coastal outposts.[87] Control over the seas, greater resources, technology, and British military protection led the Company to increasingly flex its military muscle, allowing the Company to gain control over the subcontinent by 1765 and sideline European competitors.[88] Expanding access beyond Bengal and the subsequent increased strength and size of its army enabled it to annex or subdue most of region by the 1820s.[87] Many historians see this as the start of the region's colonial period.[87] By this time, with its economic power severely curtailed by the British parliament and itself effectively made an arm of British administration, the Company began more deliberately to enter non-economic arenas such as education, social reform, and culture.[87] Such reforms included the enforcement of the English Education Act in 1835 and the introduction of the Indian Civil Service (ICS).[89] Traditional madrasahs—primary institutions of higher learning for Muslims in the subcontinent—were no longer supported by the English Crown, and nearly all of the madrasahs lost their financial endowment.[90]

Colonial period

Main articles: Aligarh Movement and British Raj

The gradual decline of the Mughal Empire in the early 18th century enabled the Sikh Empire to control larger areas until the British East India Company gained ascendancy over the Indian subcontinent.[91] A rebellion in 1857 called the Sepoy mutiny was the region's major armed struggle against the British Empire and Queen Victoria.[92] Divergence in the relationship between Hinduism and Islam created a major rift in British India that led to racially motivated religious violence in India.[93] The language controversy further escalated the tensions between Hindus and Muslims.[94] The Hindu renaissance witnessed an awakening of intellectualism in traditional Hinduism and saw the emergence of more assertive influence in the social and political spheres in British India.[95][96] An intellectual movement to counter the Hindu renaissance was led by Sir Syed Ahmad Khan, who helped found the All-India Muslim League in 1901 and envisioned, as well as advocated for, the two-nation theory.[91] In contrast to the Indian Congress's anti-British efforts, the Muslim League was a pro-British movement whose political program inherited the British values that would shape Pakistan's future civil society.[97] In events during World War I, British Intelligence foiled an anti-Englishconspiracy involving the nexus of Congress and the German Empire.[citation needed] The largely non-violent independence struggle led by the Indian Congress engaged millions of protesters in mass campaigns of civil disobedience in the 1920s and 1930s against the British Empire.[98][99][100]

The Muslim League slowly rose to mass popularity in the 1930s amid fears of under-representation and neglect of Muslims in politics. In his presidential address of 29 December 1930, Allama Iqbal called for "the amalgamation of North-West Muslim-majority Indian states" consisting of Punjab, North-West Frontier Province, Sindh, and Balochistan.[102] The perceived neglect of muslim interests by Congress led provincial governments during the period of 1937–39 convinced Muhammad Ali Jinnah, the founder of Pakistan to espouse the two-nation theory and led the Muslim League to adopt the Lahore Resolution of 1940, popularly known as the Pakistan Resolution.[91] In World War II, Jinnah and British-educatedfounding fathers in the Muslim League supported the United Kingdom's war efforts, countering opposition against it whilst working towards Sir Syed's vision.[103]

Pakistan Movement

Main articles: History of the Islamic Republic of Pakistan, Pakistan Movement, and Partition of India

The 1946 elections resulted in the Muslim League winning 90 percent of the seats reserved for Muslims. Thus, the 1946 election was effectively a plebiscite in which the Indian Muslims were to vote on the creation of Pakistan, a plebiscite won by the Muslim League.[104] This victory was assisted by the support given to the Muslim League by the support of the landowners of Sindh and Punjab. The Congress, which initially denied the Muslim League's claim of being the sole representative of Indian Muslims, was now forced to recognise the fact.[104] The British had no alternative except to take Jinnah's views into account as he had emerged as the sole spokesperson of India's Muslims. However, the British did not want India to be partitioned, and in one last effort to prevent it they devised the Cabinet Mission plan.[105]

As the cabinet mission failed, the British government announced its intention to end the British Raj in India in 1946–47.[106]Nationalists in British India—including Jawaharlal Nehru and Abul Kalam Azad of Congress, Jinnah of the All-India Muslim League, and Master Tara Singh representing the Sikhs—agreed to the proposed terms of transfer of power and independence in June 1947 with the Viceroy of India, Lord Mountbatten of Burma.[107] As the United Kingdom agreed to the partitioning of India in 1947, the modern state of Pakistan was established on 14 August 1947(27th of Ramadan in 1366 of the Islamic Calendar), amalgamating the Muslim-majority eastern and northwestern regions of British India.[100] It comprised the provinces of Balochistan, East Bengal, the North-West Frontier Province, West Punjab, and Sindh.[91][107]

In the riots that accompanied the partition in Punjab Province, it is believed that between 200,000 and 2,000,000[108][109][110][111][112][113] people were killed in what some have described as a retributive genocide between the religions[114][115] while 50,000 Muslim women were abducted and raped by Hindu and Sikh men and 33,000 Hindu and Sikh women also experienced the same fate at the hands of Muslims.[116][117][118][119] Around 6.5 million Muslims moved from India to West Pakistan and 4.7 million Hindus and Sikhs moved from West Pakistan to India.[120] It was the largest mass migration in human history.[121][122][123] Dispute over Jammu and Kashmir led to the First Kashmir War in 1948.[124][125]

Independence and modern Pakistan

Main articles: Dominion of Pakistan and History of Pakistan

"You are free; you are free to go to your temples, you are free to go to your mosques or to any other place or worship in this State of Pakistan. You may belong to any religion or caste or creed – that has nothing to do with the business of the State."

—Muhammad Ali Jinnah's first speech to the Constituent Assembly of Pakistan[126]

After independence in 1947, Jinnah, the President of the Muslim League, became the nation's first Governor-General as well as the first President-Speaker of the Parliament,[127] but he died of tuberculosis on 11 September 1948.[128] Meanwhile, Pakistan's founding fathers agreed to appoint Liaquat Ali Khan, the secretary-general of the party, the nation's firstPrime Minister. With dominion status in the Commonwealth of Nations, independent Pakistan had two British monarchs before it became a republic.[127]

The creation of Pakistan was never fully accepted by many British leaders, among them Lord Mountbatten.[129] Mountbatten clearly expressed his lack of support and faith in the Muslim League's idea of Pakistan.[130] Jinnah refused Mountbatten's offer to serve as Governor-General of Pakistan.[131] When Mountbatten was asked by Collins and Lapierre if he would have sabotaged Pakistan had he known that Jinnah was dying of tuberculosis, he replied 'most probably'.[132]

Maulana Shabbir Ahmad Usmani, a respected Deobandi alim (scholar) who occupied the position of Shaykh al-Islam in Pakistan in 1949, and Maulana Mawdudi of Jamaat-i-Islami played a pivotal role in the demand for an Islamic constitution. Mawdudi demanded that the Constituent Assembly make an explicit declaration affirming the "supreme sovereignty of God" and the supremacy of the shariah in Pakistan.[133]

A significant result of the efforts of the Jamaat-i-Islami and the ulama was the passage of the Objectives Resolution in March 1949. The Objectives Resolution, which Liaquat Ali Khan called the second most important step in Pakistan's history, declared that "sovereignty over the entire universe belongs to God Almighty alone and the authority which He has delegated to the State of Pakistan through its people for being exercised within the limits prescribed by Him is a sacred trust". The Objectives Resolution has been incorporated as a preamble to the constitutions of 1956, 1962, and 1973.[134]

Democracy was stalled by the martial law that had been enforced by President Iskander Mirza, who was replaced by army chief, General Ayub Khan. After adopting a presidential system in 1962, the country experienced exceptional growth until a second war with India in 1965 that led to an economic downturn and wide-scale public disapproval in 1967.[135][136]Consolidating control from Ayub Khan in 1969, President Yahya Khan had to deal with a devastating cyclone that caused 500,000 deaths in East Pakistan.[137]

In 1970 Pakistan held its first democratic elections since independence, meant to mark a transition from military rule to democracy, but after the East Pakistani Awami League won against the Pakistan Peoples Party (PPP), Yahya Khan and the military establishment refused to hand over power.[138][139]Operation Searchlight, a military crackdown on the Bengali nationalist movement, led to a declaration of independence and the waging of a war of liberation by the Bengali Mukti Bahini forces in East Pakistan.[139][140] However, in West Pakistan the conflict was described as a civil war as opposed to a war of liberation.[141]

Independent researchers estimate that between 300,000 and 500,000 civilians died during this period while the Bangladesh government puts the number of dead at three million,[142] a figure that is now nearly universally regarded as excessively inflated.[143] Some academics such as Rudolph Rummel and Rounaq Jahan say both sides[144] committed genocide; others such as Richard Sisson and Leo E. Rose believe there was no genocide.[145] In response to India's support for the insurgency in East Pakistan, preemptive strikes on India by Pakistan's air force, navy

Over 10 million people were uprooted from their homeland and travelled on foot, bullock carts, and trains to their promised new home during the Partition of India. During the partition, between 200,000 to 2,000,000 people were killed in the retributive genocide.[101]
The American CIA film on Pakistan made in 1950 examines the history and geography of Pakistan.

The Constitution of the Islamic Republic of Pakistan (Urdu: آئین پاکستان‬), also known as the 1973 Constitution is the supreme law of Pakistan.[1] Drafted by the government of Zulfiqar Ali Bhutto, with additional assistance from the country's opposition parties, it was approved by the Parliament on 10 April and ratified on 14 August 1973.[2]

The Constitution is intended to guide Pakistan's law and its political culture, and system. It identifies the state (its physical existence and its borders), people and their fundamental rights, state's constitutional law and orders, and also the constitutional structure and establishment of the institutions and the country's armed forces.[3] The first three chapters establish the rules, mandate, and separate powers of the three branches of the government: a bicameral legislature; an executive branch governed by the Prime Minister as chief executive; and an apex federal judiciary headed by Supreme Court.[3] The Constitution designates the President of Pakistan as a ceremonial Head of State who is to represent the unity of the state.[4] The first six articles of the constitution outline the political system as federalparliamentary republic system; as well as Islam as its state religion.[5] The Constitution also encapsulates provisions stipulating the legal system's compliance with Islamic injunctions contained in the Quran and Sunnah.[6]

The Parliament cannot make any laws which may be repugnant or contrary to the Constitution, however the Constitution itself may be amended by a two-thirds majority in both the houses of the bicameral Parliament, unlike the previous legal documents of 1956 and 1962.[7] It has been amended over time, and most recent impulses for political upgrades and reforms has been amended. Although enforced in 1973, Pakistan, however, celebrates the adoption of the constitution on 23 March—when the first set was promulgated in 1956—each and every year as Republic Day.[8]

Origins and historical background[edit]

Pakistan was founded in 1947. Before writing a constitution, a Constituent Assembly passed the Objectives Resolution, on the insistence of the ulama and Jamaat-e-Islami, in March 1949 to define the basic directive principles of the new state and to declare state recognition of the sovereignty of Allah over the universe. The Objectives Resolution affirmed the role of democracy and contained religious provisions to enable society to adhere to the teachings of the Quran and Sunnah. The Objectives Resolution has henceforth been inserted as a preamble into each of Pakistan's subsequent constitutions.[9]

The country's first constitution was approved in 1956 but abrogated in 1958 after a military Coup d'état.[10] Pakistan's second constitution was approved in 1962. It granted executive power to the president and abolished the office of the prime minister. It also institutionalised the intervention of military in politics by providing that for twenty years, the president or the defence minister must be a person who had held a rank not lower than that of lieutenant-general in the army.[11] The 1962 constitution was suspended in 1969 and abrogated in 1972.[10]

The 1973 constitution was the first in Pakistan to be framed by elected representatives. Unlike the 1962 constitution it gave Pakistan a parliamentary democracy with executive power concentrated in the office of the prime minister, and the formal head of state—the president—limited to acting on the advice of the prime minister.[11]

The Constitution states that all laws are to conform with the injunctions of Islam as laid down in the Quran and Sunnah.[6] The 1973 Constitution also created certain institutions such as the Shariat Court and the Council of Islamic Ideology to channel the interpretation and application of Islam.[12]

After another coup in 1977, the constitution was held in abeyance until it was "restored" in 1985 but with an amendment (the Eighth) shifting power from the parliament and Prime Minister to the president. Another Amendment (Seventeenth) in 2004 continued this shift, but in 2010, the Eighteenth amendment reduced presidential powers, returning the government to a parliamentary republic.

Previous legislation as Source[edit]

Main article: Pakistan Movement

The successful movement led the establishment of Pakistan, independent from British India in 1947. The British Empire divided British India into two, India and Pakistan.

The provisions of the Government of India Act, 1935, had greatly influenced the state and served its legal document until 1956. In 1950, Prime Minister Liaquat Ali Khan author the first annexe that would paved a path in drafting of the Constitution. Elected in 1947, the first Constituent Assembly drafted and adopted its first constitution in 1956.

1956 Constitution[edit]

Main article: Constitution of Pakistan of 1956

Following the adoption of a constitution in India in 1950, Pakistan's lawmakers were incentified to work on their constitution. Prime Minister Muhammad Ali and his government officials worked with the opposition parties in the country to formulate a constitution for Pakistan.[13]

Finally, the joint work led to the promulgation of the first set of the constitution on 23 March 1956—a day when Pakistan celebrates its Republic Day over the adoption of the constitution. The constitution provided for parliamentary form of government with a unicameral legislature.[13] It officially adopted Pakistan as "Islamic Republic" and the principle of parity was introduced. Its features were:

By the constitution, Iskander Mirza assumed the presidency but his constant involvement in national affairs, as opposed to Constitution, dismissed four elected prime ministers in two years. Under public pressure, Mirza upheld the coup d'état in 1958, thus virtually suspending the constitution. Shortly afterwards General Ayub Khan deposed Mirza and declared himself president.[14]

1962 Constitution[edit]

Main article: Constitution of Pakistan of 1962

General Ayub Khan appointed a Constitution Commission to draft another part of the constitution under Chief JusticeMuhammad Shahabuddin.[15] Submitted its considerations on 6 May 1961, Ayub Khan altered the entire version of the constitution which was entirely different from the one recommended by Chief JusticeMuhammad Shahabuddin.[15] It was promulgated on 8 June 1962. Main feature of this set was the introduction of the Presidential system and more consolidated powers to the President. No further changes were carried out to oppose the 1956 document.[15] Its features includes:

The military government and President Yahya himself made no efforts to frame a constitution, aside from issuing the extrajudicial order in 1970.[17] Across the country, the expectations were that a National Assembly would be set up by holding a free and fair election. To hold the proposed elections, President Yahya promulgated a Legal Framework Order on 30 March 1970 that also spelled out the fundamental principles of the proposed constitution and the structure and composition of the national and provincial assemblies.[17]

In December 1970, nationwidegeneral elections were held simultaneously for both the national and five provincial assemblies.[17] The polling results turned were simply disastrous from the standpoint of national unity and demonstrated the failure of national integration.[17] No party enjoyed the full confidence of the people of Pakistan.[17] The nationalistAwami League (AL) secured the mandate of East Pakistan but failed to perform in any four provinces of Pakistan.[17] The socialist Pakistan People's Party (PPP) under the leadership of Zulfikar Ali Bhutto gained mandate in Punjab and Sind but failed in East Pakistan, NWFP and Balochistan.[17] The general elections truly reflected the ugly political reality: the PPP's mandate in Pakistan and AL mandate in East Pakistan.[17]

1970 constitutional crises[edit]

Constitutional crises grew further when AL refused to make concessions over its six points to draft the constitution and instead maintaining that AL had was quiet competent to frame a constitution and to form a central government on its own.[17]

The PPP was not willing to dilute the authority of the federal government in spite of assuring full provincial autonomy for all the provinces of Pakistan.[17] Negotiations on framing the work on constitution were held between January and March 1971 between leaders of PPP, AL, and the military government of Yahya Khan, which turned out to be a failure.[17] Under the LFO, the President Yahya was to decide when the National Assembly was to meet.[17] By 13 February 1971, the President Yahya announced that the National Assembly was to meet at Dhaka on 3 March 1971. By this time the differences between the main parties to the conflict had already crystallized.[17] Over the six-point issue, the PPP was convinced that a federation based on six-point would lead to a feeble confederation in name only and was part of larger Indian plan to break up the Pakistan.[17] These fears were evidently shared by the military leaders in the west, including President Yahya Khan who had publicly described Sheikh Mujibur Rehman as the 'future Prime Minister of Pakistan' on January 14, 1971. Bhutto announced on February 15 that his party would not attend the National Assembly unless there was 'some amount of reciprocity' from the Awami League. Sheikh Mujib replied at a press conference on February 21, asserting that "Our stand is absolutely clear. The constitution will be framed on the basis of the six-points"'.[17]

Such announcement led the PPP to demand the removal of the National Assembly session or opening session to be postponed.[17] The PPP threatened to stage a large scale general strike in all over the country. Under pressured by PPP, President Yahya postponed the National Assembly session on 25 March which came as a shattering disillusionment to the AL and their supporters throughout East Pakistan.[17] It was seen as a betrayal and as proof of the authorities of the Pakistan to deny them the fruits of their electoral victory.[17] This resulted in the outbreak of violence in East Pakistan. The Awami League launched a non-co-operation movement as they virtually controlled the entire province.[17] Due to disturbances in East Pakistan, no National Assembly session was called and the military moved in East Pakistan to control the situation.[17] The civil disobedience movement turned into armed liberation movement backed by the India.

With India successfully intervening in the conflict, the Pakistan militarysurrender to the Indian military and almost over ~93,000 military personnel were taken as prisoners of war on 16 December 1971.[17] Demoralized, gaining notoriety in the country, and finding himself unable to control the situation, President Yahya ultimately handed over the national power to PPP, of which, Zulfikar Ali Bhutto was sworn in on 20 December 1971 as President and as the (first civilian) Chief Martial Law Administrator.[17]

Constitutional convention[edit]

After Bangladesh was formed in 1971, the PPP formed the government and partially enacted the 1962 constitution.[18] President Zulfikar Ali Bhutto called for a constitutional convention and invited the leaders of the all political parties to meet him on 17 April 1972.[18] Leaders and constitutional experts of the Islamic political parties, conservative parties, socialists and communist parties were delegated to attend the constitutional convention in 1972.[19]

Drafting and ratification[edit]

The law experts, constitutional analysts, and country's reputed clergymen worked on formulating the constitution that represents the will and desire of people.[20] Unlike earlier attempts, the convention was not meant for new laws or piecemeal alterations, but for the "sole and express purpose of revising the 1956 articles."[20] Also, the convention was not limited to the religion, exigencies of government and the preservation of the State; rather it was intended to maintain delicacy in commerce, finances, issue of loans to federation, and Separation of powers.[20] Several key ideas of the philosophy of John Locke and Islamic provisions on civil rights were interchanged in the Constitution.[21][22]

The Constitution ultimately established the "Bicameral Parliament"– National Assembly as Lower house and Senate as Upper house.[20] It also established the parliamentary form of government with Prime Minister as its head of government; the elected National Assembly genuinely representing the will of the people.[20] The Constitution truly maintained a delicate balance between traditionalists and modernists and reflected heavy compromises on fundamental religious rights in the country.[20] The fundamental rights, freedoms of speech, religion, press, movement, association, thought, and intellectual, life, liberty and property and right to beararms were introduced in the new Constitution.[19]Islam was declared as the State religion of Pakistan.[19]Geography and border statue of the country was redefined and "Pakistan was to be a Federation of Four Provinces."[19] The Constitution was written in the point of representing the conservative Islam as well as reflecting a heavy compromise over the religious rights and humanism ideas, advocated by the extremist leftists of the PPP.[20]

On 20 October 1972, the draft was revived by all leaders of the political parties and signed the declaration of adopting the Constitution in the National Assembly on 2 February 1973.[23] Ratified unanimously on 19 April 1973, the Constitution came into full effect on 14 August 1973.[23] On the same day, the successful vote of confidence movement in the Parliament endorsed Zulfikar Bhutto as the elected Prime Minister after latter relinquishing the presidency after appointing Fazal-i-Ilahi to that stint.[23]

Structure[edit]

Fundamental rights[edit]

Contrary to 1956 and 1962 articles, several ideas in the Constitution were new, and guaranteed security to each citizen of Pakistan. First part of the Constitution introduced the definition of State, the idea of life, liberty and property, individual equality, prohibition of slavery, preservation of languages, right to fair trial, and provided safeguard as to arrest and detention as well as providing safeguards against discrimination in services.[24][25]

The due process clause of the Constitution was partly based on the British Common law, as many founding fathers and legal experts of the country had followed the British legal tradition.[26] The fundamental rights are supreme in the Constitution and any law that is ultra vires the fundamental rights can be struck down by the apex courts in their constitutional jurisdiction vested on them under Article 199 of the Constitution.[27]

Provisions[edit]

In contrast to the constitutions of India and Bangladesh, the Constitution reflected a heavy compromise over several issues to maintain a delicate balance of power among the country's institutions. The Constitution defined the role of Islam;[28] Pakistan was to be a Federation of Four Provinces and shall be known as the Islamic Republic of Pakistan;[29] introduction of check and balances, separation of powers, and provided the federal system under which the government should governed.

The Constitution established a "BicameralParliament" as a legislative authority that consists of the Senate as Upper house (providing equal provincial representation), and National Assembly as Lower house (providing the will and representation of people).[30][31] The Constitution put stipulation on the eligibility of becoming President and Prime Minister that only "Muslim" of not less than forty-five years of age[32] and is qualified for becoming the Prime Minister.[33] No law repugnant to Islam shall be enacted and the present laws shall also be Islamised.[34] The Constitution also introduced a new institution known as the "Council of Common Interests" consisting of Chief Minister of each four provinces and an equal number of Cabinet ministers of the Government nominated by the Prime Minister.[35] The Council could formulate and regulate the policy in the Part II of the Legislative List. In case of complaint of interference in water supply by any province the Council would look into the complaint.

Another major innovative introduction in the Constitution is the establishment of the National Finance Commission (NFC) consisting of the Provincial and Finance Ministers and other members to advice on distribution of revenues between the federation and the provinces.[36] The Constitution's first parts introduce the Islamic way of life, promotion of local government, full participation of women in national life, protection of minorities, promotion of social and economic well being of the people, and strengthening the bonds with the Muslim world and to work for international peace.

Under the Constitution, the Fundamental Rights include security of person, safeguards as to arrest and detention, prohibition of slavery and forced labour, freedom of movement, freedom of association, freedom of speech, freedom to profess religion and safeguards to religious institutions, non-discrimination in respect of access to public places and in service, preservation of languages, script and culture. The judiciary enjoys full supremacy over the other organs of the state. About national languages, Urdu was declared as national languages, and English as official language; all other languages were preserved by the Constitution.[37]

Islamic introduction[edit]

Many key ideas on regarding the role of Islam in the State that were mentioned in 1956 Articles were made part of the Constitution:

  • The official name "Islamic Republic of Pakistan" as selected for the state of Pakistan.
  • Islam is declared as the state religion of Pakistan.
  • Enabling of living life, culture, and customs of Muslims, individually or collectively, in accordance with the fundamental principles and basic concepts of Islam.
  • Teachings on Arabic, Qur'an, and Islamiyat to be compulsory in country's institutions and to secure correct and exact printing and publishing of the Qur'an.
  • Proper organisations of Zakat, Waqf, and mosques is ensured.
  • Prevent prostitution, gambling and consumption of alcohol, printing, publication, circulation, pornography, and display of obscene literature and advertisements.
  • Required to be a Muslim to run for bid of becoming the President (male or female) and/or Prime Minister (male or female). No restriction as to religion or gender on any other post, up to and including provincial governor and Chief Minister.
  • All existing laws shall be brought in conformity with the injunctions of Islam as laid down in the Qur'an and Sunnah and no law shall be enacted which is repugnant to such injunctions.[38]
  • A Council of Islamic Ideology shall be constituted referred to as the Islamic advisory council.[39]
  • The Constitution of Pakistan defined a Muslim as a person who believes in the unity and oneness of Allah, in the absolute and unqualified finality of the Prophethood of the Islamic prophet, Muhammad, and does not believe in, or recognise as a prophet or religious reformer, any person who claimed or claims to be a prophet, in any sense of the word or of any description whatsoever, after Muhammad.
  • In keeping with this definition, the SecondAmendment to the Constitution (1974) declared for the first time the Ahmadiyya Community and/or the Lahori Group as non-Muslims, since their leader, Mirza Ghulam Ahmad, claimed to be prophet of God.
  • However, the Fourth Amendment (1975) set aside six seats in the National Assembly for non-Muslim representatives to protect minority rights.
  • The state shall endeavour to strengthen the bonds of unity among Muslim countries.
  • Islamic revisions were introduced into the Pakistan Penal Code.

Parts[edit]

The individual Articles of the Constitution are grouped together into the following Parts:

  • Preamble
  • Part I[40] – Introductory [Articles 1–6]
  • Part II[41] – Fundamental Rights and Principles of Policy [Articles 7–40]
  • Part III[42] – The Federation of Pakistan [Articles 41–100]
  • Part IV[43] – Provinces [Articles 101-140A]
  • Part V[44] – Relations between Federation and Provinces [Articles 141–159]
  • Part VI[45] – Finance, Property, Contracts and Suits [Articles 160–174]
  • Part VII[46] – The Judicature [Articles 175–212]
  • Part VIII[47] – Elections [Articles 213–226]
  • Part IX[48] – Islamic Provisions [Articles 227–231]
  • Part X[49] – Emergency Provisions [Articles 232–237]
  • Part XI[50] – Amendment of Constitution [Articles 238–239]
  • Part XII[51] – Miscellaneous [Articles 240–280]

Annex[edit]

  • Annex to the Constitution of Pakistan

Schedule[edit]

Schedules are lists in the Constitution that categorise and tabulate bureaucratic activity and policy of the Government.

  • First Schedule[52] – Laws exempted from the operation of Article 8(1), 8(2), 8(3b), and 8(4)
  • Second Schedule[53] – Election of President" Article 41(3)
  • Third Schedule:[54] – Oaths of Office: Article 42, Article 91(5)–92(2), Article 53(2)–61,
  • Fourth Schedule:[55] – Legislative Lists
  • Fifth Schedule:[56] – Remuneration and Terms and Conditions of Service of Judges: [Article 205]

Amendments[edit]

Main article: Amendments to the Constitution of Pakistan

Unlike the previous documents, the Constitution cannot be changed, instead constitutional amendments are passed; altering its effect.[7] Amendments to the Constitution are made through the Parliament, where a Two-thirds majority and voting is required in both houses for a constitutional amendment to take its effect, in accordance to the Constitution.[57] In addition to this, certain amendments which pertain to the federal nature of the Constitution must be ratified by a majority of state legislatures.[58]

As of 2015[update], 21 amendments have been introduced to the Constitution. Among the most important of these are the Eighth (1985) and Seventeenth Amendments (2004), which changed the government from a parliamentary system to a semi-presidential system. However, in 2010 the Eighteenth Amendment reversed these expansions of presidential powers, returning the government to a parliamentary republic, and also defined any attempt to subvert, abrogate, or suspend the constitution as an act of high treason.

Original text[edit]

Preamble[edit]

Main article: Objectives Resolution

Whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust;

And whereas it is the will of the people of Pakistan to establish an order :-

Wherein the State shall exercise its powers and authority through the chosen representatives of the people;

Wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed;

Wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and Sunnah;

Wherein adequate provision shall be made for the minorities freely to profess and practise their religions and develop their cultures;

Wherein the territories now included in or in accession with Pakistan and such other territories as may hereafter be included in or accede to Pakistan shall form a Federation wherein the units will be autonomous with such boundaries and limitations on their powers and authority as may be prescribed;

Therein shall be guaranteed fundamental rights, including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality;

Wherein adequate provision shall be made to safeguard the legitimate interests of minorities and backward and depressed classes;

Wherein the independence of the judiciary shall be fully secured;

Wherein the integrity of the territories of the Federation, its independence and all its rights, including its sovereign rights on land, sea and air, shall be safeguarded;

So that the people of Pakistan may prosper and attain their rightful and honoured place amongst the nations of the World and make their full contribution towards international peace and progress and happiness of humanity :

Now, therefore, we, the people of Pakistan,

Cognisant of our responsibility before Almighty Allah and men;

Cognisant of the sacrifices made by the people in the cause of Pakistan;

Faithful to the declaration made by the Founder of Pakistan, Quaid-i-Azam Mohammad Ali Jinnah, that Pakistan would be a democratic State based on Islamic principles of social justice;

Dedicated to the preservation of democracy achieved by the unremitting struggle of the people against oppression and tyranny;

Inspired by the resolve to protect our national and political unity and solidarity by creating an egalitarian society through a new order;

Do hereby, through our representatives in the National Assembly, adopt, enact and give to ourselves, this Constitution.

Comparison with previous sources[edit]

With regard to provincial rights the 1973 constitution was in fact the most centralised of Pakistan's various constitutions. The Government of India Act of 1935, which Pakistan adopted as its first working constitution, granted the federal government 96 items of power. The 1956 constitution reduced that number to 49, and this was retained in the 1962 constitution. In 1973, however, it was then enlarged to 114.

See also[edit]

References[edit]

  1. ^Abiad, Nisrine (2008). Sharia, Muslim states and international human rights treaty obligations : a comparative study. London: British Institute of International and Comparative Law. pp. 96–200. ISBN 978-1-905221-41-7. 
  2. ^Enterprise Team (1 June 2003). "The Constitution of 1973'". The Story of Pakistan. The Story of Pakistan. Retrieved 15 October 2011. 
  3. ^ abConstitution of Pakistan. "Constitution of Pakistan". Constitution of Pakistan. Constitution of Pakistan. Retrieved 22 January 2013. 
  4. ^"Part III. The Federation of Pakistan: Chapter 1; The President". Const. of Pakistan. Const. of Pakistan. Retrieved 22 January 2013. 
  5. ^"First Six Articles". 
  6. ^ abIqbal, Khurshid (2009). The Right to Development in International Law: The Case of Pakistan. Routledge. p. 189. ISBN 978-1-134-01999-1.  
  7. ^ abIftikhar A. Khan (24 June 2012). "Parliament can't make laws repugnant to Constitution: CJ". Dawn News. Retrieved 23 January 2013. 
  8. ^et. al., Govt of Pakistan. "Constitutional history of Pakistan". National Assembly of Pakistan pr of Pakistan press. 
  9. ^Hussain, Rizwan. Pakistan. The Oxford Encyclopedia of the Islamic World.  
  10. ^ abIslamization of Laws and Economy, Case Studies on Pakistan by Charles Kennedy (Institute of Policy Studies, The Islamic Foundation, 1996, p.85)
  11. ^ abBackgrounder. Pakistan's Constitution Author: Jayshree Bajoria | Council on Foreign Relations | Updated: 21 April 2010
  12. ^Diamantides, Marinos; Gearey, Adam (2011). Islam, Law and Identity. Routledge. p. 198. ISBN 978-1-136-67565-2.  
  13. ^ abcothers contribution, et. al. "The Constitution of 1956". Story of Pakistan. Nazaria-e-Pakistan, part I. Retrieved 1 June 2014. 
  14. ^The First Martial Law
  15. ^ abcdet. al. "The Constitution of 1962". Story of Pakistan. Nazaria-e-Pakistan, Part II. Retrieved 1 June 2014. 
  16. ^This was the system that had merged all the provinces of West Pakistan into one unit. General Yahya restored autonomy of the old provinces of Sindh, the Punjab, and the North West Frontier Province and created the new province of Baluchistan.
  17. ^ abcdefghijklmnopqrstuvwGhazali, Abdus Sattar (14 August 1999). "Chapter V:The Second Martial Law". Islamic Pakistan: Illusions and Reality. Lahore, Punjab: University of Punjab Press. Retrieved 1 June 2014. 
  18. ^ abGhazali, Abdus Sattar. "Chapter VII : The Third Islamic Republic". Islamic Pakistan. Punjab University Press, Chapter 7. Retrieved 2 June 2014. 
  19. ^ ab

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