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Islamabad is the federal capital. Over 97 per cent of the country's population is Muslim. Basic Facts on Pakistan. The southern boundary of Pakistan is made up of the 1, km coastline of the Arabian Sea. The total area of the country is , square km, which is nearly four times the size of the United Kingdom.
Constitutional and Parliamentary History The Muslims of India had, since the middle of the nineteenth century, begun the struggle for a separate homeland on the basis of the two Nation theory.
The British rulers realized that the Hindus and Muslims of India remained two separate and distinct nations and socio-cultural entities. The British rulers were left with no option but to eventually accept the demand of the Muslims of India.
On 3rd June , Lord Mountbatten, the last Viceroy of India, called the conference of all the leaders of the Sub-continent and communicated to them his Government's Plan for the transfer of power. At that time, a notification was issued in the Gazette of India, published on 26th July in which the first Constituent Assembly of Pakistan was given shape with 69 Members later on the membership was increased to 79 , including one female Member.
The State of Pakistan was created under the Independence Act of The Act made the existing Constituent Assemblies, the dominion legislatures. These Assemblies were allowed to exercise all the powers which were formerly exercised by the Central Legislature, in addition to the powers regarding the framing of a new Constitution, prior to which all territories were to be governed in accordance with the Government of India Act, On 12th August , a resolution was approved regarding officially addressing Mr.
On the same day, a special committee called the "Committee on Fundamental Rights of Citizens and Minorities of Pakistan" was appointed to look into and advise the Assembly on matters relating to fundamental rights of the citizens, particularly the minorities, with the aim to legislate on these issues appropriately.
On 14th August , the Transfer of Power took place. The Quaid gave a reply to the address in the House, on which the principles of the State of Pakistan were laid. The Quaid remained in this position till his death i.
The foremost task before the first Constituent Assembly is of framing the Constitution for the nation. On the same day, a Basic Principles Committee comprising of 24 Members was formed to prepare a draft Constitution on the basis of the Objectives Resolution.
The final draft of the Constitution was prepared in However, just before the draft could be placed in the House for approval, the Assembly was dissolved by the then Governor General Ghulam Muhammad on 24th October The Prime Minister was, however, not dismissed and was asked to run the administration, with a reconstituted Cabinet, until such time as the elections were held.
The Government in return, went to the Federal Court, where the famous judgment was given by the then Chief Justice Muhammad Munir, according to which Maulvi Tamizuddin lost the case. One of the major decisions taken by this Assembly was the establishment of West Pakistan One Unit , with the aim to create parity between the two wings East and West Pakistan.
Explaining the Rise of the Judiciary
This Assembly also achieved its target by giving the first Constitution to the nation i. Choudhary Muhammad Ali was the Prime Minister at that time. The draft of this Constitution was introduced in the Assembly on 9th January and was passed by the Assembly on 29th February The assent was given on it by the Governor General on 2nd March This Constitution was enforced with effect from 23rd March The constitution provides for Parliamentary form of government with all the executive powers in the hands of Prime Minister.
He was to hold office for 5 years. The President was to act on the advice of Prime Minister, except where he was empowered to act in his discretion.
Under Constitution, Parliament was unicameral. Legislative powers vested in the Parliament, which consisted of the President and the National Assembly comprising Members divided equally between East and West Pakistan. In addition to these seats, five seats were reserved for women for each of the two wings, for a period of ten years: thus bringing the total membership of the House to However, in the absence of any law to control the Political Parties and the problem of floor crossing, political instability perpetually ensued.
Although the first general election was scheduled for early , President Sikandar Mirza abrogated the Constitution, dissolved the National and Provincial Assemblies, and declared Martial Law, on 7th October One of the first major steps taken by General Ayub Khan was the appointment of a Constitution Commission on 17th February The Commission submitted its report to the government on 29th April On the basis of this report a new Constitution was framed and given to the nation on 1st March General elections under the new Constitution were held on 28th March and elections to the special seats reserved for women were held on 29th May The Constitution of envisaged a Federal State with Presidential form of government, with National Assembly at the centre and the Provincial Assemblies in the Provinces.
The Legislatures, both at centre and in provinces were unicameral. The Federal system had been curtailed by allowing the Provincial Governors to be appointed directly by the President. All executive authority of the Republic of Pakistan, under the Constitution, vested in the office of the President. President appointed his Cabinet members who were directly responsible to him.
Family Laws in Pakistan
The total membership of the National Assembly was , one half of whom were to be elected from East Pakistan and other half from West Pakistan, also three seats were reserved for women from each province. The term of this Assembly was three years. The norm was established that if the President was from West Pakistan, the Speaker was to be from East Pakistan and vice versa.
One of the major achievements of this Assembly was the passage of Political Parities Act, This was the first Assembly elected on the adult franchise and population basis. It consists of members, from East Pakistan and from West Pakistan including 13 reserved seats for women 6 were from West Pakistan and 7 from East Pakistan.
Soon after the elections, due to grave political differences, the Province of East Pakistan seceded from West Pakistan and became Bangladesh. On 20th December , Mr. Under this Constitution, the National Assembly was not to be dissolved earlier than 14th August The Interim Constitution dealt in detail with the distribution of powers between the Centre and the Provinces.
The Assembly also formed a Constitution Committee on 17th April to prepare the first draft for framing a Constitution. The report of the Committee was presented with a draft Constitution on 31st December It was unanimously passed by the Assembly in its session on 10th April and was authenticated by the President on 12th April This Constitution, called the Constitution of the Islamic Republic of Pakistan , was promulgated on 14th August On the same day, Mr.
Fazal Illahi Choudhary took oath as the President of Pakistan.
The Constitution provides for a parliamentary form of government where the executive authority of the state vests with the Prime Minister. The President, according to the Constitution, is at the apex, representing the unity of the Republic.
From to , the country had a unicameral system of legislature. Originally, the general seats of the National Assembly were with additional 10 seats reserved for women, bringing the total strength to The newly created Upper House i. Later in , through a Presidential Order P. Ten seats were exclusively reserved for minorities to be filled through separate electorate system. Thus, the total strength of the lower house reached to members. Similarly, the strength of Senate was also increased from 63 to Under the Constitution the National Assembly is elected for five-year term, unless sooner dissolved.
The seats in National Assembly, unlike the Senate, are allocated to each province and other units of the federation, on the basis of population. The Constitutional provision of 20 special seats for women lapsed in , thus decreased the Assembly strength from to Under the Constitution, elections to the 10 seats reserved for minority were held on separate electorate basis. Despite the tenure of the Assembly being five years, as prescribed in the Constitution, Mr.
Bhutto, on 7th January announced the holding of elections before time.
Copyright law of Pakistan
Consequently, on 10th January , he advised the President to dissolve the National Assembly. Elections were held on 7th March The opposition charged the government with rigging the elections to the National Assembly and thereafter boycotted the Provincial Assemblies elections.
Since the opposition had not accepted the National Assembly elections result, they did not take oath. On 24th December , under Presidential Order P. Its members were nominated by the President. The first session of this Council was held on 11th January In this way, limited and controlled political activities were resumed, as a result of which general elections were later held for the National and Provincial Assemblies on 25th February , on non-party basis.
On 2nd March , the revival of Constitution Order P. The first session of the National Assembly was held 20th March He received vote of confidence on 24th March In November , the 8th Constitutional Amendment was adopted by the Parliament. Besides changes in other Articles in the Constitution the significant Article 58 2 b was added, according to which the President acquired discretionary powers to dissolve the National Assembly.
On 29th May the Assembly was dissolved by the President by using the power acquired under Article 58 2 b. The General elections for the eighth National Assembly was held on 16th November The first session was convened by the President on 30th November The General elections for the ninth National Assembly was held on 24th October The first session was held on 3rd November The dissolution of the National Assembly was challenged in the Supreme Court of Pakistan and after hearing the case the Assembly was restored by the apex court on May 26, The Assembly was dissolved on the advice of the Prime Minister on July 18, The elections for tenth National Assembly was held on October 6, The first session was held on October 15, The elections for eleventh National Assembly was held on 3rd February The first session was held on 15th February The new Assembly came into power with an overwhelming majority.
The Article 58 2 b was later on omitted from the Constitution vide 13th Amendment in the Constitution in April It may be pertinent to note at this point that while, ostensibly, sixteen amendments have been made in the Constitution so far, the ninth and the eleventh Constitutional Amendments were, however, passed by the Senate alone and fifteenth by the National Assembly alone, hence these amendments lapsed. The fourteenth Amendment in the Constitution empowered a check on floor crossing of legislators.The Court noted that the burden of proving the alleged relinquishment was upon the defendant.
In , he resigned from the office of the President to escape the impeachment. In case the office of the President becomes vacant for any reason, the Chairman, or if he is unable to perform the functions of the office of the President, the Speaker, acts as President till such time that a President is elected.
The British rulers were left with no option but to eventually accept the demand of the Muslims of India. In order to validate their relationship, the couple may conduct a fresh marriage contract in the presence of witnesses. The defendant married another woman and left for the UK along with his second wife.