Constitution of Pakistan

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The Constitution of Pakistan (Urdu: آئینِ پاکستان‎, romanized: Ā'īn-e-Pākistān; also called the 1973 Constitution) stands as the supreme legal authority in the country. It governs Pakistan’s legal framework, political ethos, and institutional structure, defining the state’s framework, citizens’ fundamental rights, legal and administrative order, as well as the organisation and functions of state institutions and the armed forces.^[1]

Formulated under the leadership of Zulfikar Ali Bhutto’s government, with contributions from opposition parties, it was adopted unanimously by the 5th Parliament on 10 April and formally enacted on 14 August 1973. The initial three chapters delineate the roles, authority, and separation of powers among the three branches of government: a bicameral legislature, an executive branch led by the prime minister as chief executive, and a federal judiciary with the Supreme Court at its apex.^[2]^[3]

The Constitution designates the President of Pakistan as a ceremonial Head of State, tasked with symbolising national unity.^[4] The first six articles establish the political system as a federal parliamentary republic and declare Islam the state religion.^[5] Additionally, the Constitution incorporates provisions requiring the legal system to align with Islamic principles as enshrined in the Quran and Sunnah.^[6]

Origins and historical background

In a radio talk addressed to the people of Pakistan, broadcast in February 1948, Jinnah expressed his views regarding Pakistan's constitution-to-be in the following way:

The Constitution of Pakistan is yet to be framed by the Pakistan Constituent Assembly, I do not know what the ultimate shape of the constitution is going to be, but I am sure that it will be of a democratic type, embodying the essential principles of Islam. Today these are as applicable in actual life as these were 1300 years ago. Islam and its idealism have taught us democracy. It has taught equality of man, justice and fair play to everybody. We are the inheritors of these glorious traditions and are fully alive to our responsibilities and obligations as framers of the future constitution of Pakistan.

^[7]

Pakistan ws created in 1947 as a Dominion within the British Commonwealth, sharing this constitutional. During Pakistan's formative years, the British monarch concurrently served as the nation's head of state, a practice similar to that maintained in Commonwealth countries like Canada and Australia. Prior to constitution drafting, the Constituent Assembly adopted the Objectives Resolution in March 1949, following advocacy from religious scholars (ulama) and Jamaat-e-Islami, to establish fundamental guiding principles for the nascent state and affirm divine sovereignty over creation. This resolution embraced democratic governance while incorporating religious provisions to facilitate societal adherence to Quranic and Sunnah principles. Subsequently, the Objectives Resolution has been incorporated as a preamble into each of Pakistan's subsequent constitutional frameworks.^[8]

References

↑ 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.
↑ Enterprise Team (1 June 2003). "The Constitution of 1973'". The Story of Pakistan. Archived from the original on 2 October 2013. Retrieved 15 October 2011.
↑ "The Constitution of Pakistan". pakistani.org. Archived from the original on 12 July 2011. Retrieved 22 January 2013.
↑ "Part III. The Federation of Pakistan: Chapter 1; The President". Const. of Pakistan. Archived from the original on 7 April 2011. Retrieved 22 January 2013 – via pakistani.org.
↑ "First Six Articles". Archived from the original on 21 May 2013.
↑ Iqbal, Khurshid (2009). The Right to Development in International Law: The Case of Pakistan. Routledge. p. 189. ISBN 978-1-134-01999-1. The constitution proclaims ... that all existing laws shall be brought in accordance with the injunctions of Islam as laid down in the Quran and Sunnah, and no law shall be enacted which is repugnant to such injunctions.
↑ Adamec 2016.
↑ Hussain, Rizwan. Pakistan. Archived from the original on 29 March 2016. The first important result of the combined efforts of the Jamāʿat-i Islāmī and the ʿulamāʿ was the passage of the Objectives Resolution in March 1949, whose formulation reflected compromise between traditionalists and modernists. The resolution embodied "the main principles on which the constitution of Pakistan is to be based." It 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," that "the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam shall be fully observed," and that "the Muslims shall be enabled to order their lives in the individual and collective spheres in accord with the teaching and requirements of Islam as set out in the Holy Qurʿan and Sunna." The Objectives Resolution has been reproduced as a preamble to the constitutions of 1956, 1962, and 1973. {{cite book}}: |work= ignored (help)

[British_Institute_of_International_and_Comparative_Law-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.

[The_Story_of_Pakistan-2] Enterprise Team (1 June 2003). "The Constitution of 1973'". The Story of Pakistan. Archived from the original on 2 October 2013. Retrieved 15 October 2011.

[Constitution_of_Pakistan-3] "The Constitution of Pakistan". pakistani.org. Archived from the original on 12 July 2011. Retrieved 22 January 2013.

[Const._of_Pakistan-4] "Part III. The Federation of Pakistan: Chapter 1; The President". Const. of Pakistan. Archived from the original on 7 April 2011. Retrieved 22 January 2013 – via pakistani.org.

[5] "First Six Articles". Archived from the original on 21 May 2013.

[:8-6] Iqbal, Khurshid (2009). The Right to Development in International Law: The Case of Pakistan. Routledge. p. 189. ISBN 978-1-134-01999-1. The constitution proclaims ... that all existing laws shall be brought in accordance with the injunctions of Islam as laid down in the Quran and Sunnah, and no law shall be enacted which is repugnant to such injunctions.

[FOOTNOTEAdamec2016-7] Adamec 2016.

[:13-8] Hussain, Rizwan. Pakistan. Archived from the original on 29 March 2016. The first important result of the combined efforts of the Jamāʿat-i Islāmī and the ʿulamāʿ was the passage of the Objectives Resolution in March 1949, whose formulation reflected compromise between traditionalists and modernists. The resolution embodied "the main principles on which the constitution of Pakistan is to be based." It 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," that "the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam shall be fully observed," and that "the Muslims shall be enabled to order their lives in the individual and collective spheres in accord with the teaching and requirements of Islam as set out in the Holy Qurʿan and Sunna." The Objectives Resolution has been reproduced as a preamble to the constitutions of 1956, 1962, and 1973. {{cite book}}: |work= ignored (help)

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