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GOVT. OF INDIA ACT 1935

The Govt. of India Act, 1935 which is known as the masterpiece of
draftsmanship was passed by the British Parliament on 2nd August 1935.
This act consisted of 32 sections, 10 schedules and two parts i.e. Provincial
Part and Federal Part. The salient features of this act were as under: -
Provincial Part:
1. Provincial Autonomy: It abolished diarchy in the provinces and
conferred autonomy to the provinces. Under it the whole provincial
administration, with certain reservations, was transferred to the control
of Indian Ministers.
2. Federation of India: It provided All India Federation comprising of 11
Governors’ provinces and 5 Chief Commissioners’ provinces plus all
Indian states willing to join federation.
3. Three lists of subjects were drawn up: 1) Federal List in cluded subjects
to be administered by federal government, 2) Provincial list included
subjects to be administered by provincial government and 3) Concurrent
list included subjects to be administered by both federal and provincial
government.
4. Provincial Legislature: this act created bicameral legislature in 6
provinces consisting of Legislative Council (upper house) and
Legislative Assembly (lower house). They were empowered to legislate
on all subjects included in the provincial and concurrent lists provided
that such laws did not conflict with federal laws.
5. Sindh and Orrisa were separated from Bombay and Bihar respectively
and were given the status of separate provinces.
6. Special Responsibilities: The Provincial Governors were made
responsible for peace and order, financial stability and credit, All India
Services and States, prevention of discrimination against British
subjects.
Federal Part:
1. Diarchy: This act abolished diarchy in the provinces and established it
at the centre.
2. Federal Administration: the central administration was to be divided
into two parts; one part to be in charge of Councilors responsible to the
Governor-General and second part was to be under the control of India
Ministers responsible to and selected by Governor -General among
federal legislatures.
3. Federal Legislature: The Federal legislature was to be bicameral
consisting of Council of State and Federal Assembly. The council of the

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State was to have 260 members, out of which 150 to be elected and 10
to be nominated from British-India and 100 nominees of the State. The
Federal Assembly consisted of 375 members, out of which 250 were to
be elected by British-Indian provincial assemblies and 125 by the rulers
of princely states. It was empowered to pass any bill with the approval
of Governor-General.
4. Special Responsibilities: The Governor-General was made
responsible regarding peace and order, financial stability, All India
Services States, prevention of discrimination against British subjects.
He was also empowered to issue ordinances.
5. Federal Court: This act established a Federal Court to adjudicate inter -
states disputes and matters concerning the interpretation of the
constitution. It also acted as a Court of appeal from the decisions of
provincial High Courts, in certain cases appeals could be made to Privy
Council in England against the decision of Federal Court.
This act was fully enforced on 1 st April, 1937 except Federal Part as the
Second World War started and central government remained as it was since
the act of 1919.
Drawbacks/ Critical Analysis: The Govt. of India Act, 1935 was criticized in
many ways as under:
1. The concept of All India Federation failed because the Indian provinces
which are made autonomous for the first time were intended to federate
with States. It followed that the provinces had no independent power or
authority to surrender their autonomy or authority to central legislature.
2. The federal legislature had no control over the Federal Executive and
Governor-General.
3. The nominees of the States had a hand in legislation of provinces, but
the provincial representatives had no jurisdiction over the state affairs.
This would have granted a unique, unilateral advantage to the States.
4. There was no guarantee to the individual liberties nor it could give a
workable dominion status.
5. The people were not given their rights.
6. The system of diarchy which has failed in the provinces was introduced
in the centre without any perspective results.
7. All authority was vested in Parliament which was under British
influence.
8. Vast authority was given to the Governors in the provinces and to the
Viceroy in the centre, which was against the principles of democracy
and provincial autonomy.

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9. The Ministers of State could interfere in the Government services

without any reason.
Importance of Got. Of India Act, 1935: The Govt. of India Act, 1935 holds a
great significance in the constitutional history of Pakistan. At the time of
independence of Pakistan, it was a state without any law to regulate the
country, thus, this act was taken adopted as interim constitution of Pakistan
after certain changes. This act also guided the framers to legislate a new
constitution for Pakistan.

SPECIAL POWERS AND RESPONSIBILITIES OF GOVERNOR -GENERAL

1. He was incharge of the reserve departments of Defense, Foreign
Affairs, Ecclesiastical Affairs and Tribal Areas and he appointed three
councilors to help him in his work.
2. He could issue two kind of ordinances; one type of ordinance he could
issue at any time and that lasted for 6 months. The other kind of
ordinance would be issued when the legislature was not in session.
3. He could appoint and dismiss council of ministers and also could
preside over their meetings.
4. The previous sanction of Governor -General was required for the
introduction of certain bills in the federal and provincial legislatures. He
was authorized to stop discussion on any bill. He could also withhold
assent to any bill, or send it back, or reserve it for consideration.
5. He was given control over 80% of the federal budget. The non -vote-able
items of the budget formed a major part of the budget.
6. He could in his discretion send instructions to the Governors and it was
the responsibility of the Governor to carry them out.
7. He was authorized to summon, prorogue or dissolve the federal
assembly. He could summon both houses for join t sitting. He could
address legislatures or send messages regarding certain bills.
8. He could suspend the constitution.

OBJECTIVE RESOLUTION 1949

Introduction: Before drafting a constitution for newly established country, it
was felt necessary to draft principles and ideal on which it is to be based, and
to guide the makers in their great task. For this purpose, Prime Minister of
Pakistan Liaquat Ali Khan moved a resolution before first Constituent
Assembly of Pakistan, which was adopted by assembly on 12 t h March, 1949.
The principles and ideals proclaimed in it are as under:
1. Sovereignty: It proclaimed that the sovereignty belongs to Allah
Almighty; but He has delegated it to the State of Pakistan through its

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people, to be exercised as a sacred trust within the limits prescribed by

Quran and Sunnah.
2. Representation: The State shall exercise its powers and authority
through the chosen representatives of the people.
3. Social Justice: The principles of democracy, freedom, equality,
tolerance and social justice as enunciated by Islam, shall be fully
observed.
4. Lives of Muslims: Muslims shall be enabled to live their lives according
to the teachings and requirements of Islam, as set out in the Holy Quran
and Sunnah.
5. Minority Rights: Adequate provision shall be made for the minorities to
profess, propagate and practice their religions, develop their cultures,
and safeguards their legitimate interests.
6. Structure of Pakistan: Pakistan shall be the Federal State wherein
provincial autonomy is guaranteed through constitut ion.
7. Fundamental Rights: Fundamental Rights of freedom, equality, property,
expression of opinion, belief, worship, association, etc. shall be
guaranteed.
8. Independence of judiciary: Judiciary shall be independent and shall act
according to the provisions of the constitution.
Importance of Objectives Resolution: The Objectives Resolution is one of
the important and illuminating documents in the constitutional history
of Pakistan. It may be regarded as the beacon -light which guided the framers
of our constitution in their supreme but arduous (hard and difficult) task. It
proclaimed that in the present day world of warring ideologies, the Islamic
State of Pakistan would be a haven of peace, democracy and progress, and
that Pakistan would be a democracy not only in political but also in social and
economic sense. Its importance can be ascertained from the fact that it
served as preamble for the constitution of 1956, 1962 and 1973.

THE BASIC PRINCIPAL COMMITTEE

On 12 t h March, 1949, after passing the Objective Resolution, a committee
named as Basic Principal Committee consisting of 24 members and headed
by Khwaja Nizamuddin was formed and assigned a task of framing
constitution in accordance with the Objective Resolution.
Structure: The Basic Principle Committee established 4 sub -committees: (i)
sub-committee to make lists of the fundamental rights of the citizen, (ii) sub -
committee to determine the principles of franchise, (iii) judicial sub -
committee, and (iv) sub-committee to prepare the outline of the federal and
provincial Constitution and of distribution of powers.

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Reports: This committee published its three reports.

First Report: Its first report was published on 28th September, 1950, which
is as under:
1. The Objectives Resolution to be included in the Constitution as the
directive principles.
2. Legislature was to compose of two houses: Upper house (House of
Units) giving equal representation for the units and the Lower House
(House of People) was to give representation on the basis of
Population. Both the Houses would enjoy the equal powers.
3. The Head of State elected by a joint session for the term of five years
4. Urdu was declared as National language.
Criticism: This report faced criticism as under: -
1. This report was criticized throughout the country due to lack of Islamic
character as proposed by Objective Resolution.
2. East Pakistan claimed that it has turned their majority into minority in
the federal legislature.
3. Only Urdu was declared as National Language while Bengali was totally
ignored.
Due to these criticisms especially by the people of East Pakistan this report
was postponed by PM Liaquat Ali Khan.
Second Report: This committee published its second report on 22nd
December, 1952, as under:
1. The Objective Resolution was adopted as preamble of proposed
constitution. No law was to be made in contradiction of Islamic
principles.
2. Head of State would be Muslim and he would be elected by both houses
of federal legislature for the term of 5 years.
3. Legislature was to compose of two houses: Upper house (House of
Units) and the Lower House (House of People), and the seats of both
houses were equally distributed between East Pakistan and West
Pakistan.
4. More powers were given to Lower House and Cabinet was made
responsible to Lower House.
5. Silent about national language.
Criticism: This report was also criticized due to following reasons:
1. The draft ignored that East Pakistan had contained majority of
population and West Pakistan had the major part of country’s territory.

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2. The politicians particularly from the Punjab deplored the Report

because formation of the Upper House on the basis of representation
was not acceptable.
3. Religious leaders demanded for declaration of Ahmadis as Non-
Muslims.
This report was postponed twice for consideration and finally political crisis
removed Prime Minister Khwaja Nizamuddin.
Third Report: Third report of Basic Principle Committee is known as
Muhammad Ali Bogra’s Formula which was presented on 7 t h October 1953
before constitution assembly. It contained following features:
1. Legislature was to compose of two houses: the Upper House was to
have 10 members from East Pakistan and 40 members from West
Pakistan. While the Lower House was to have total 300 members out of
which 300 were to be from East Pakistan.
2. If the Head of Pakistan is from West Pakistan, the Prime Minister shall
be from East Pakistan, and vice versa.
3. The President was to be empowered to dissolved the houses, if incase
they failed in resolving their disputes.
4. Urdu and Bengali were to be National languages.
This formula suggested some difficult process but it was widely acceptable. It
lead to closer integration and cooperation between the two wings.
Resultantly, a committee was formed for drafting constitution on 14 th
November, 1954.

DISSOLUTION OF CONSTITUENT ASSEMBLY

Before the finalization of constitution, the first constituent assembly of
Pakistan was dissolved by Governor-General Ghulam Muhammad on 24 t h
October, 1954 on the grounds of inactivity, incompetency, corruption and
misdeeds and created reconstituted Council of Ministers . Resultantly, the
speaker of dissolved assembly filed petition U/S: 223 -A of Govt. of India Act,
1935 before Sindh Chief Court and prayed writ of mandamus against the
federation of Pakistan and ministers restraining them from implementation of
aforesaid proclamation and to prohibit them from interfering the functions of
Moulvi Tamizuddin as the President of constituent assembly. The Sindh Chief
Court allowed the petition in favour of Moulvi Tamizuddin, thereafter
federation of Pakistan challenged the decision before Federal Court. The
Federal Court held that Sindh Chief Court had no jurisdiction to make
decision, thus suspended its decision and held the dissolution of constituent
assembly as valid. The Federal Court, however, advised the Governor -
General to form a second constituent assembly immediately.
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CONSTITUTION OF 1956
Finally after the hectic efforts of 9 years, Constitution of Pakistan
named as “the Constitution of Pakistan 1956” was framed . It was adopted by
constituent assembly on 29 t h February, 1956 and enforced on 23 r d March,
1956 throughout the country.
Salient Features:. Its salient features are as under:-
1. Written Constitution: It was a written constitution in a codified form
consisting of 234 Articles, 13 parts and 6 Schedules
2. Rigid Constitution: It was a rigid constitution which could only be
amended by alteast two-third majority of the Parliament.
3. Islamic Provisions: The Sovereignty of Allah over the universe was
acknowledged. Muslims should be enabled to order their lives
individually and collectively in accordance with the teachings o f Quran
and Sunnah. No law was to be made against the injunctions of Islam .
Teachings of Holy Quran were declared compulsory. Salary and forced
labour was prohibited. An organization for Islamic research and
instructions was to be established for reconstruction of Islamic society
on truly Islamic basis.
4. Fundamental Rights: Fundamental rights including right to life, liberty,
property and personal security, freedom of speech, expression, thought
and action, right of movement, right to privacy and family life right to
life, liberty, property and personal security, freedom of speech,
expression, thought and action, right of movement, right to privacy and
family life etc were guaranteed to all citizens. These rights could be
enforced by the Supreme Court. No law was to be valid if made in
violation of fundamental rights.
5. Federation: It embodied all the features of federation. There were three
legislative lists Federal, Provincial and Concurrent . Federal List
contained 30 Subjects, the Provincial 94 and in the Concurrent List only
19 Subjects. Both the central and provincial legislatures could also
make laws regarding Concurrent subjects. In case of conflict between
the centre and the provinces, the Chief Justice of Pakistan would have
to settle the dispute.
6. Parliamentary Form of Government: It provided parliamentary form of
government where the Chief Executive was to be Prime Minister and the
prime minister along with his cabinet was responsible to the Parliament.
7. The President: The president is the Executive Head of the Federation.
He is also the head of the State. He is to be elected by the members of
National and Provincial Assemblies for the term of 5 years. He could

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summon, prorogue or dissolve the National Assembly and could send

messages to it. His assent is considered essential for enactments. He
appoints Judges of Supreme and High Court , the Governors of the
provinces, the Advocate General, the Auditor General, the Election
Commissioner and Principle Military Officers.
8. The Prime Minister: Under the constitution, the Cabinet and the Prime
Minister as its head aids and advices the President in the exercise of
his functions. He is appointed by the President among the members of
National Assembly. He holds the office during the pleasure of President.
He could be removed if a vote of no -confidence is passed against him
by the Parliament. He along with his cabinet was responsible to
Parliament for their actions and policies.
9. Parliament: The Parliament of Pakistan consisted of President and one
house known as National Assembly. It consisted of 300 seats by the
people of both wings on parity basis for a period of 5 years. Besides, 10
seats are reserved for women for 10 years. Any person of 25 years of
age could become its member. Speaker and Deputy Speaker were its
presiding officers. There were to be alteast 2 sessions of assembly
every year. It tenure is 5 year, however, it could be dissolved earlier.
10. Independence of Judiciary: Independence of Judiciary was protected.
The Supreme Court was entrusted the task of interpreting the
constitution and to adjudicate in any dispute between federal and any
provincial government or between provincial governments.
11. The Governor: The executive authority of provinces is vested in the
Governor, which is exercised by him directly or through subordinate
officers. He is appointed by the President for the term of 5 years and
holds office during the pleasure of President. He could appoint Chief
Minister among the members of Provincial Assembly. Other Ministers,
Deputy Ministers and Parliamentary Secretaries were appointed and
removed by the Governor. He could summon, prorogue and dissolve
provincial assembly. His assent is essential for any kind of enactment
and money bills. He could issue Ordinances when the assembly is not in
session. It is responsible for legislation and financial matters of
province.
12. The Chief Minister: There is a provincial cabinet and Chief Minister as
its Head, to be appointed by the Governor for the term of 5 years and
obtained the confidence of members of assembly. He was the pivot of
the whole system of provincial government.
13. Provincial Legislature: Each provincial assembly consisted of
Governor and one house known as Provincial Assembly. Its tenure is 5

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years, unless sooner dissolved. It is composed of 300 elected members,

besides this 10 seats were reserved for women for 10 years.
14. Directive Principles of State Policy: These principles include Islamic
teachings, eradication of poverty, protection of rights of minorities,
elimination of illiteracy, uplift of life standard, enforcement of
socioeconomic justice, separation of executive and judicial branches.
15. Language: Urdu and Bengali were made official languages of Pakistan.
Nevertheless, English was adopted and accepted as language for
official business for a period of 25 years.
Abrogation of First Constitution and Marshal Law: First constitution of
Pakistan was abrogated on 7 t h October, 1958 when Iskander Mirza
proclaimed martial law throughout the country and appointed the Army Chief,
General Muhammad Ayub Khan, as Chief Martial Law Administrator. On 24 t h
October, 1958, President Iskandar Mirza constituted a 12-man Central
Cabinet and General Ayub Khan its prime minster. Iskander Mirza
relinquished his office of president on 27 t h October, 1958, and handed over
all powers to CMLA Ayub Khan, who declared that the Cabinet it would work
directly under the president. A presidential referendum was held throughout
the country and Ayub Khan was elected as President. In February, 1960 he
established a constitutional commission, whose report was reviewed by two
committees and finally a constitution draft was made. On 8 t h June, 1962, he
lifted martial law after and took oath of the office of the President under the
new Constitution, providing presidential form of government.
Causes of Failure: The constitution of 1956 failed due to many factors.
Some of them are as under:-
1. The multi-party system was one of the main causes of its failure.
2. General elections were not held up to 1956. Consequently, the
parliamentary system did not strike roots in country.
3. The eleven-year period from 1947 to 1958 was a period of political
instability which witnessed the rise and fall of nine prime ministers.
These circumstances were not conducive to democracy which was a
hallmark of the constitution of 1956.
4. The constitution was modeled on the One Unit of West
Pakistan. Opponents of the One Unit created hatred ag ainst the
Constitution.
5. Pakistan seriously faced unemployment, bribery, hoarding and
dearness. Thus, people lost faith in the constitution of 1956.
6. The selfish politicians were insincere and preferred their personal
interests over national interests, and did not miss any opportunity to
damage the image of democracy. The ministries continued to fall like
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nine pins even after the enforcement of the constitution of 1956. These
circumstances convinced the military regimes that the Constitution of
1956 was incapable of meeting the challenges of the day.

SHAHABUDDIN COMMISSION
After the abrogation of the constitution of 1956, a presidential referendum
was held by Basic Democracies and Ayub Khan was elected as the President
of Pakistan. Thereafter, a Constitutional Commission known as Shahabuddin
Commission was established in February 1960 under the chairmanship of
Justice Shahabuddin, former Chief Justice. This commission was assigned to
major tasks as under:-
1. To examine the causes of failure of Parli amentary system in Pakistan.
2. To recommend an appropriate system of Got. for Pakistan in view of the
(a) genius or temperament of the people, ( b) standard of education, (c)
internal conditions of the country, and (d) need of development.
Keeping in view the causes of the failure of parliamentary system and
these goals or objectives, the commission was to make certain
recommendations. For the accomplishment of assigned tasks, t he constitution
commission visited different cities and interviewed a lot of people. The
commission prepared a report a detailed report which was submitted to the
President of Pakistan in May, 1961.This report provided an analysis of the
political history of Pakistan from1947 to 1958, identifying the causes of the
failure of the parliamentary system during the 1 s t eleven years. Afterward the
report was reviewed by two committees and finally under the report of these
committees the new Constitution was drafted and presented on 1 s t March,
1962.

CONSTITUTION OF 1962
The constitution of 1962 was announced on 1 st March, 1962 by
President Ayub Khan and came into effect from 8 t h June, 1962.
Salient Features: The salient features of the constitution of 1962 were as
under:-
1. Written Constitution: It was a written constitution in a codified form It
was a written constitution in a codified form consisting of 250 Articles
divided into twelve parts and three chapters.
2. Rigid Constitution: It was a rigid nature which could only be amended
by alteast two-third majority of the Parliament.
3. Federal System: Under the constitution of 1962 federal system was
adopted. The powers of the central government were enumerated in the
Federal List while all the residuary powers were given to the provinces
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so as to meet the demand of provincial autonomy. The Governors were

appointed by the President and were independent in matter pertaining
to the provincial domain but their actions could be over ruled by the
President. However, in this federal structure, the central government
was made domineering even at the cost of provincial autonomy.
4. Islamic Provisions: The Objective Resolution was included in the
Preamble of the constitution. The teachings of Quran and Islamiat were
to be made compulsory. The President was to be Muslim. Pakistan was
declared an Islamic republic through first amendment. No un-Islamic law
would be enacted and all the existing laws would be Islamized etc.
5. Fundamental Rights: In the original constitution there was no list of
fundamental rights. It was later included through an amendment in
1963. The list of fundamental rights included that all the citizens are
equal before law and entitled to equal protection, there shall be n o
discrimination on any basis, right to enter profession, form uni ons,
association and almost all the rights secured to its citizens by a modern
state.
6. Principles of Law Making and Principles of Policy: The two sets of
principles were introduced in this c onstitution. Principles of law making
included certain rules that no law to be made against Islamic
injunctions, all citizen are equal before law, no law should restrict rights
of citizens etc. while Principles of policy included certain principles that
illiteracy will be wiped out, protection to rights of minorities, full powers
to the provinces, friendly relations with Muslim countries, prohibition on
the use of drugs, special attention to the education, health and welfare
of the people etc.
7. Basic Democracies: A new system of basic democracies consisted of
80,000 democrats with equal representation from East and West
Pakistan, was introduced for indirect election system. Basic Democrats
were to be chosen by people. The elected Basic Democrats constituted
an “Electoral College” which elected the President and MNAs and
MPAs.
8. Presidential Form of Govt: In order to overcome political instability
presidential system was established , in which the President was the
real executive head and was of the Legislature and Judiciary . He must
be Muslim and of atleast 35 years of age. He was elected indirectly for
the term of 5 years by the Electoral College consisting of basic
democrats. He could be removed from office by the members of
National Assembly on the grounds of violation of constitution or gross
misconduct. He appointed Governors of provinces, Advocate Generals,

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Chief Justices and other Judges of High Courts and Supreme Courts,
Election Commissioners, and he also had a Supreme Command of the
Defense Services of Pakistan. He was empowered to grand pardon,
promulgate laws and issue Ordinances, He could summon, prorogue or
dissolve National Assembly but at the cost of his own office , his assent
was necessary for any enactment, money bill or amendment . He
appointed Council of Ministers to aid and advi ce him for the
performance of his functions. He was empowered to proclaim
emergency incase of external aggression or internal disturbance as to
be out of the powers of provincial government.
9. Central Legislature: The central legislature consisted of the President
and one house known as National Assembly of Pakistan. National
Assembly consisted of 150 members, with equal distribution of seats
between two wings and certain seats were reserved for women. Its term
was 5 years, unless sooner dissolved. It was responsible to legislate for
central subjects and many other powers were also granted to it.
10. Independence of Judiciary: This Constitution had ensured
complete freedom of judiciary. It could take Sou-Motu action of any
matter. The authority of appointment and transfer of Judges rested in
the President. Judges could be deposed only on the pretext of the
decision of the Supreme Judicial Council.
11. Provincial Governor: The execute authority of a province is vested in
the Governor, who is appointed by the President, and performs his
functions with aid and advice of his council of Ministers and directions
of the President. He holds office during the pleasure of President. He
was the Head of province and provincial executive as well. He was
empowered to summon, prorogue, or dissolve the provincial assembly
and could address and send messages to it. His assent was essential
for any enactment or money bill. He could also issue ordinances when
the assembly was not in session.
12. Central Consolidated Fund: All revenue received and all the loans
rose by the central government and all money received by central
government in repayment of any loan should form part of the Central
Consolidated Fund. Certain remunerations and expenditures are paid
from this fund.
13. Advisory Council of Islamic Ideology: The President of Pakistan
establishes and appoints the members and one member as Chairman of
Advisory Council of Islamic Ideology for the term of 3 years. The
purpose of this council is the reconstruction of Muslim Society on a truly

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Islamic basis by identifying non-Islamic laws and bringing them in

accordance with the Shariah.
14. Islamic Research Council: It provided for the establishment of an
Islamic Research Institution with the aim of promoting the study of
Islamic History and Fiqa and to carry out research in this regard.
15. Public Service Commission: Two kinds of Public Service Commissions
were introduced: Federal Public Service Commission and Provincial
Public Service Commission. The members and Chairman of FPSC is
appointed by the President for the term of 5 years, while the members
and Chairman of PPSC are appointed by the Governors for the term of 5
years. These have been established to ensure impartiality in the
appointment of Public Service and to protect them from the undue
pressure of Ministers and Political parties. The power of commissioners
is not absolute but advisory and recommendatory, the real powers had
been left to the President incase of FPSC and to the Governor incase of
PPSC.
16. Provincial Legislature: Each provincial assembly consisted of
Governor and one house known as Provincial Assembly. Its tenure was
to be 5 years, unless sooner dissolved. It was composed of 155
members including 5 seats reserved for women. It was responsible to
make laws for provinces and certain powers were also granted to it.
17. Languages: Urdu and Bengali were recognized as the national
languages of Pakistan.
Abrogation of Second Constitution and Marshal Law:
The second constitution of Pakistan of 1962 was abrogated on 26 t h
March,1969 when General Ayub Khan resigned and handed over the control
of the Government to the Army Commander -in-Chief General Yahya Khan,
who declared Martial Law and abrogated the Constitution. On 3 r d April, he
formed a three-member Council of Administration with himself as its
Chairman, and next day issued Provisional Constitution Order, providing
basis for governance of country. On 8 t h April, he ordered that Martial Law
Administrators of East and West Pakistan will also perform duties of the
governors. Zulfikar Ali Bhutto, Chairman Pakistan People's Party, took over
as president and the first civilian Chief Martial Law Administrator on 20 th
December, 1971.
Causes of Failure: Following are some factors which affected the
constitution of 1962:
1. Presidential Dictatorship: This constitution was not in the best interest
of people but an instrument of constitutional autocracy. There was lack
of distribution of power and extensive powers were enjoyed by the
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president. President was not accountable to National A ssembly and his

impeachment was a very difficult task.
2. Nominal Provincial Autonomy: The constitution was outwardly federal
system but it was unitary in actual practice. The central government was
virtually made domineering and powerful at the cost of provi ncial
autonomy. The provincial governors and ministers were appointed by
President and were accountable to him alone. Even during emergency
the central government could intervene in provincial matters.
3. Indirect Election System: It provided indirect election of legislatures
and President through basic 80,000 democrats, to be elected by the
people. Consequently, it deprived the citizens of their basic right.
4. Secularism: In the original constitution Pakistan was named as
Republic of Pakistan omitting the word Islamic. However due to popular
opposition, it was renamed as Islamic Republic of Pakistan through first
amendment. Ayub's regime was secular in approach throughout its
period.

CONSTITUTION OF 1973
Introduction: It was drafted by the government of Zulfiqar Ali Bhutto with
assistance of opposition parties. It was moved in the assembly on 2 nd
February, passed by the Parliament on 10 t h April, assented to the President
on 12 t h April and enforced throughout the country on 14 t h August, 1973.
Salient Features: The salient features of the constitution are as under: -
1. Written Constitution: It is a written constitution in a codified form. It is
one of the lengthiest constitutions of the world comprising a preamble,
280 articles divided into 12 parts, and 6 schedules.
2. Rigid Constitution: It is a rigid constitution which can only be amended
by two-third majority of the total membership of Parliament with final
assent of the President.
3. Islamic Provisions: This constitution is strictly based on Islamic
ideology. Article 01 of the constitution declares Pakistan to be an
Islamic polity. Islam shall be the state religion. It advised the Muslims to
implement the teachings of Quran and Sunnah in their daily life. It
provides that only Muslim could be the President and Prime Minister to
of Pakistan. It further provides that no law repugnant to Islamic
injunctions was to be made and present laws were to be Islamized.
4. Federal Form of Got: According to Article 01 of the constitution,
Pakistan shall be federal republic to be known as Islamic Republic of
Pakistan. The federation of Pakistan consists of a central government
and four provincial governments. There are two legislative lists: the

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Federal List and the Concurrent List. The central government has
exclusive right to legislate on all matters enumer ated in the Federal List
and both the central and provincial governments can legislate on all
matter enumerated in the Concurrent List. However, in case of conflict
the central law will prevail while the other will stand invalid. Although
the provincial autonomy has been ensured but the supremacy of the
federal government has been recognized in various legislative,
administrative and fiscal matters.
5. Parliamentary Form of Govt: It provides a Parliamentary form of Govt.
where Prime Minister is the Chief Execu tive, who is elected among the
members of the National Assembly and is the leader of National
Assembly. He selects his cabinet of ministers among the members of
Parliament, and they both are accountable to the Parliament for their
conduct and policies. He reserves more powers as compared to
President, the President acts on the advice of Prime Minister.
6. Bicameral Legislature: It proposes a bicameral (two house) legislature
called Majlis-e-Shura consisting of an Upper House known as the
Senate and Lower House known as the National Assembly. The seats of
Senate are proportionally given to the provinces and the members are is
elected by the Provincial Assemblies, while the seats of National
Assembly are awarded to the province on the basis of their population
and the members are election directly by the people.
7. Fundamental Rights: Fundamental rights of the citizens are reserved
in article 8 to 28 of the constitution, which include: right to life,
property, profession, liberty of thought and expression, freedom of
association, religion, equality of citizens etc. Incase of violation of these
fundamental rights, the affected person can also approach Court of law
for seeking redress of his grievances.
8. Principles of Policy: Principles of police include: setting-up of local
electoral bodies for solving local problems, discouragement of parochial
and other prejudices, full representation of women in all spheres of
national life, promotion of social justice and strengthening of
bonds with Muslim world etc.
9. Independence of Judiciary: The constitution ensures the
independence of Judiciary from Executive and other authorities.
Although, the President appoints the judged but he cannot remove them
without the advice of Supreme Judicial Council.
10. Position of the President: The President is the head of the state. He is
assisted by the Prime Minister and his cabinet ministers for running the
governmental machinery smoothly. He represents the unity of the

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republic. He is chosen for a peri od 5 years by an electorate college

consisting of the members of Parliament and all the provincial
assemblies. All the executive authority is vested in him. He appoints all
the top-ranking military and civil officials of the state. All the bills
passed by Parliament must be assented to him. He can summon and
prorogue either house of the Parliament. He can also dissolve the
National Assembly on the advice of the Prime Minister and can issue
ordinances.
11. The Prime Minister: He is elected by the members of Nat ional
assembly for the term of 5 years. He is the head of Govt. and exercises
the executive authority of President with the assistance of his cabinet.
He along with his cabinet is accountable to the Parliament. He can be
removed from office if a vote of no -confidence has been passed against
him by the Parliament.
12. National Finance Commission: It proposed the establishment of NFC
by the President consisting of Federal Finance Minister, Provincial
Finance Ministers and others for the term of 5 years. The commission
was to make recommendation regarding distribution of revenue between
Federation and Provinces and other certain financial matters.
13. Council of Common Interests: It proposes a Council of Common
Interests comprising of the Prime Minister who works as a chairman, the
Chief Ministers of four provinces and three members from federal
government who are nominated by the Prime Minister. It looks into the
complaints regarding the water disputes between the provinces.
14. Advisory Council of Islamic Ideology: The President of Pakistan
establishes and appoints the members and one member as Chairman of
Advisory Council of Islamic Ideology for the term of 3 years. The
purpose of this council is the reconstruction of Muslim Society on a truly
Islamic basis by identifying non -Islamic laws and bringing them in
accordance with the Shariah.
15. National Language: It declared Urdu as the National Language of
Pakistan.

FAILURE OF THE CONSTITUTIONAL MACHINERY

Constitutional machinery is a term used to refer to a body (an elected
government) which is bound to conduct the governance of State in
accordance with the provisions of the constitution of the country. Article 234
of Pakistani Constitution empowers the President of Pakistan to issue
proclamation incase of failure of constitutional machinery in a province.

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The President, either on the report of the Governor o r resolution passed

by each house separately, may by proclamation assume to himself or direct
the Governor to assume all or any of the functions of the provincial
government, and all or any of the powers of any body or authority of province.
He may also declare that the powers of the Provincial Assembly shall be
exercisable by or under the authority of Parliament ; and he may make such
incidental and consequential provisions so as to be necessary or desirable for
giving effect to the objects of the Proclamat ion, including provisions for
suspending in whole or in part the operation of any provisions of the
Constitution relating to any body or authority in the Province.

WHAT IS ISOLATION IN TERMS OF SOCIOLOGY?

Social isolation is defined as the absence of contact with family, friends or
other people of society. It is a state of being cut off from normal social
networks, which can lead to loss of mobility, unemployment, or health issues
etc. Isolation includes staying at home for lengthy periods of time, having no
access to services or community involvement, and little or no communication
with friends, family, and acquaintances .
There are many contributing factors to social isolation and prevent
people from leaving the house and having contact with other members of
society, such as long-term illness, disabilities, transport issues,
unemployment and economic struggles, or domesti c violence etc. Some may
be physically able to go out and meet people but are inhibited from doing so
by factors such as depression, social adversity, becoming a carer for a loved
one, or mourning. Any of these factors can be barriers to forming and
maintaining social networks and can lead to loneliness and isolation.

CURRENT ECONOMIC ISSUES OF PAKISTAN

Currently, Pakistan’s economy is going through a rough patch. Some
economic parameters are declining while others remain somewhat stagnant.
The resultant situation is worrisome as slow economic growth and increasing
fiscal imbalance is preventing the government to cater the needs of the
growing population. Currently economic issues include: Mounting Debt,
Rising imports and declining exports, low savings and higher consumptions,
Devaluation of rupee, poor health and education facilities, increasing
population, Energy crisis, etc.

AMENDMENTS IN THE CONSTITUTION

Eighth Amendment (11 t h November, 1985): The main features of Eighth
Amendment are listed below:

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1. The Electoral College for the election of President was modified, to include
both houses of Parliament and all the four provincial assemblies.
2. The President is to act on the advice of Prime Minister or Cabinet but the
President can send back such advice for re-consideration.
3. The president can dissolve the National Assembly at his discretion, but only
if, in his opinion, the government cannot be carried on.
4. The President was empowered to appoint caretaker cabinet after dissolving
National Assembly.
5. The President was empowered to appoint Chief of Armed Forces and the
Chief Election Commissioner.
6. The Prime Minister was to be elected by the members of National
Assembly.
7. The President was empowered to appoint governors of provinces but after
consultation with the Prime Minister.
8. Membership of the Senate was raised from 63 to 87, with five seats from
each province provided for Ulemas, technocrats or professionals.
9. Seats reserved for women in National Assembly were increased from 10 to
20.
10. The Federal Shariat Court was created to decide whether any existing or
enacted law by the legislative assembly is according to the injunctions of
Islam.
Thirteenth Amendment (1997):
1. The powers of President to dissolve National Assembly at his discretion
were eliminated.
2. Governors were empowered to dissolve provincial assemblies.
3. The President was to appoint Governors of provinces on the advice of
Prime Minister.
4. The President was to appoint the services chiefs on the advice of Prime
Minister.
Fourteenth Amendment (3 July, 1997): The Fourteenth amendment inserted
as new article, 63-A, in the constitution to close the door of horse -trading and
black-mailing and paved the way to unseat any member of National Assembly
who violates party discipline code of conduct, or votes against his or her
party in the parliament.
Seventeenth Amendment (2003):
1. It granted indemnification to all acts of General Pervaiz Musharraf.
2. The bill provided the vote of confidence in the President by both Houses
of the Parliament and Provincial Assemblies.
3. It permitted General Musharraf to retain both offices of the President
and Chief of Army Staff till 31st December, 2004.
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4. The powers of President to dissolve National Assembly and to dismiss

federal government were restored. In case of dissolution of National
Assembly by the President, the matter was to refer to the Supreme
Court within 15 days and the Supreme Court was to decide the
reference within 30 days.
5. The Governors were empowered to dissolve their respective provincial
assemblies and provincial governme nts. In case of dissolution of
Provincial Assembly by the President, the matter was to refer to the
Supreme Court within 15 days with previous approval of President and
the Supreme Court was to decide the reference within 30 days.
6. The bill empowered the President to appoint services chiefs in
consultation with Prime Minister.
7. A judge of the High Court was to hold office until he attains the age of
62 years, unless he sooner resigns or removed from office.
Eighteenth Amendment (8 t h April, 2010):
1. North-West Frontier Province has been renamed Khyber Pakhtunkhwa.
2. The ban on third time prime ministership and chief ministership has
been lifted.
3. Islamabad High Court and Benches of High Courts in Mangora and
Turbat were established.
4. Article 25-A was inserted to guarantee free and compulsory education to
all girls and boys upto age of 16.
21st Amendment (7 t h Jan, 2015): For Speedy trial Military Courts were
established to deal with terrorism.
31st Amendment (31 May, 2018): It merges Federally Administered Tribal
Area with Khyber Pakhtunkhwa.

LEADING CASES
PLD 1955 FC 240
Federation of Pakistan VS Moulvi Tamizuddin
Facts: The first constituent assembly of Pakistan was dissolved by Governor
General Ghulam Muhammad on 24th October, 1954 and appointed a new
Council of Ministers. Moulvi Tamizuddin, the President of dissolved
Constituent Assembly filed petition U/S 223-A of Govt. of India Act, 135
before Singh Chief Court praying writ of mandamus against the Federation of
Pakistan and members of Council of Ministers to restrain them from
implementing the aforesaid proclamation and to prohibit them from interfering
in the functions of Moulvi Tamizuddin as the President of Constituent

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Assembly, and writ of Quo Warranto to oust the minister of the council
appointed by the Governor General. It was argued on behalf of Federation of
Pakistan and Council of Ministers that the assembly was rightfully dissolved
and the Sindh Chief Court has no jurisdiction to issue writs because section
223-A which was inserted in the Govt. of India Act, 1935 was not assented by
the Governor General. The Sindh Chief Court did not agree with this
contention and held that constituent assembly when it did not function as
Federal Legislature did not require the assent of Governor General and in
view of this finding issued writs prayed for. Federation of Pakistan appealed
before the Federal Court.
Decision: On appeal the Federal Court led by Justice Muhammad Munir, by
majority of opinion, dissenting of Justice Alvin Robert Cornelius held that the
Constituent Assembly functioned as the “Legislature of the Domain” and that
the assent of Governor General was essential for all legislations to become
law, therefore, the Sindh Chief Court had no jurisdiction to overturn the
Governor General’s dissolution. Thus, the dissolution of constituent assembly
and creation of Council of Ministers was held valid and the decision of SIndh
Chief Court was dismissed.

PLD 1958 SC (PAK) 533

STATE V/S DOSSO CASE
Facts: A murder committed by a person namely Dosso at District LORALAI of
Baluchistan. Tribal authorities arrested him U/S 11 of Frontier Crimses
Regulation (FCR) 1901 and handed over to the council of elders (Grand
Assembly) called LOYA JIRGA. The Jirga convicted Dosso.
Petition before High Court: The relatives of Dosso filed a petition before
Lahore High Court against the decision of council of elders regarding Dosso
on the grounds that relevant provisions of FCR were repugnant in the equity,
equal protection of law and right to counsel as embodied in the article 5 and
7 of the Constitution of 1956. The Lahore High Court decided on favour of
Dosso and declared FCR repugnant to the Constitution of 1956. Thus, the
proceedings held before council of elders under F CR, 1901 were declared
null and void.
Appeal before Supreme Court: The Federal Govt. of Pakistan appealed
before the Supreme Court of Pakistan against the verdict of Lahore High
Court. The case was fixed on 13 t h October, 1958, but before the date of
hearing a drastic change came in the political history of Pakistan and Martial
Law was promulgated on 7 t h October, 1958 by the President of Pakistan
Iskandar Mirza and Amy Commander-in-Chief Ayub Khan was made Chief
Marital Law Administrator; consequently with the abrogation of constitution
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the national and provincial legislatures were dissolved. Three days after
proclamation of Martial Law, on 11 t h October the Laws (continuance in force)
Order was issued according to which all the laws except the Constitution of
1956 were validated and the jurisdiction s of all courts were restored.
Technical Points: Due to proclamation of Martial Law, following technical
points raised in the case:
1. If the Supreme Court would have upheld the decision of Lahore High
Court in Dosso’s case, it means the 1956 Constitution was still in force
as Lahore high Court decided the case in accordance with Article 5 and
7 of the Constitution of 1956, and;
2. If 1956 constitution was still enforce then what was the role of Martial
law regulation i.e. Laws (continuance in Force) Order , 1958.
In short it would have been a challenge to the Martial Law administration.
Decision of the Supreme Court: The Supreme Court of Pakistan decided
the case unanimously against the verdict of Lahore High Court. The Supreme
Court’s decision was based on the Kelson's Theory of Legal Positivism ,
according to which “If there is no change in the constitut ion or the
government with meta legal means and ways, and if there is no opposition
resistant to this change internally by the people plus no disturbance in the
territorial integrity of the country, then such a change is successful revolution
and is recognized by the International law”. Thus, the Laws (continuance in
force) Order 1958 was validated and it was held that Frontier Crimes
Regulation (FCR) 1901 is still in force in accordance with the Laws
(continuance in force) Order, 1901.

PLD 1993 SC 473

Mian Muhammad Nawaz Sharif VS President of Pa kistan and Others
Facts: On 17 t h April, 1993, in the evening, Prime Minister of Pakistan Mian
Muhammad Nawaz Sharif addressed the nation on National Radio and
Television Networks, wherein he alleged an emotional stated, inter alia, that
disgruntle political elements were working against his Govt., hatching
conspiracies to destabilize it and trying to undo all the good work he was
trying to do. All this he alleged was being done under the patronage of
President of Pakistan. He ended his speech with the challenging words “I will
not resign; I will not dissolve the National Assembly; and I will not be
dictated”.
Barely after 24 hours of this speech, in the evening of 18 t h April, 1993,
the President of Pakistan Ghulam Ishaq Khan called a Pres s Conference at
Aiwan-i-Sadr (President’s House) and declared the speech of Prime Minister
and other acts of his Govt. has convinced him that that the Govt. of the
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Federation could not be carried on in accordance with the constitution. Thus,

he exercising his powers under Article 58(2)(b) of the constitution dissolved
the National Assembly, dismissed the Prime Minister and his Cabinet,
appointed a care-taker Govt. and called for General Elections in the country.
Along with this he immediately appointed a ca re-taker Govt.
Petition before Supreme Court: A week later, on 25 t h April, 1993, the
dismissed Prime Minister filed a petition before Supreme Court of Pakistan
under its Original Jurisdiction conferred in article 184(3) of the constitution,
praying that the Order dated: 18-04-1993 be declared malafide, null and void,
and without lawful authority; and all steps taken under aforesaid order
including appointment of care-taker Govt. be also declared as null and void ;
and further he prayed that respondents be restrained from interfering with his
functions and duties of the government. At the time of hearing before a full
bench of 11 permanent Judges, the Attorney General of Pakistan objected
that the petition filed directly before Supreme Court under article 18 4(3) is
not maintainable.
Questions arose: Is this petition under article 184(3) of the constitution
maintainable? and if so, has the President exceeded the powers conferred
upon him under article 184(3) of the constitution in ordering the dissolution of
the National Assembly.
Decision: The learned Court examined the provision of article 184(3) and
17(2) of the constitution and after hearing the arguments of the parties held
that the petition is maintainable. Adjudicating in the second question the
learned Court examined article 58(2)(b) of the constitution and after certain
Court procedure and observation held that the order of April, 1993 by the
President of Pakistan is not within the powers conferred on the President
under Article 58(2)(b) of the constitution; consequently the National
Assembly, the Prime Minister and the Cabinet shall stand restored and
entitled to function as immediately before the impugned order was passed.

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