Constitution Of Pakistan: From A student’s Perspective

 

“Constitution For Pakistan”

Pakistan has been facing a deficit budget, failed democracy issues, Corruption, wastage of national recourses or not proper use of them.

Pakistan came into being on 14th August 1947. Definitely not a new thing for those who are aware of Pakistan as a state. But what is most important, That it came into existence under the title of Islamic Republic of Pakistan. Mr. Jinnah also strived and motivated people just for the reason so we could have An independent state where we can live, fashion our lives according to the principles of Islam.

But if we look into the history of constitution making of Pakistan, very weak efforts have been made regarding Islamization while making the constitution.  Constitution of 1973, no doubt efforts can be seen in this regard.

Here i would like to suggest, being a student. That either formulation of constitution should be properly and strictly according to the guiding principles of Islam. In all aspects, from punishment of a criminal to marriage act. From selection of executives to Trail. Then only Pakistan has the right of being called Islamic Republic of Pakistan. Other wise we hold no right to be entitled as Islamic state.

Pakistan can survive without this fake identity

“Preamble”

In the Name of Almighty Allah, the Pakistan Government, with the intent of strengthening the alliance of the states and of maintaining and furthering the unity, strength and honor of the Pakistan‘s nation, has adopted the following Federal Constitution.

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

Article 1.

“Introductry”

  • Pakistan shall be a Federal Republic to be known as the Islamic Republic of Pakistan, hereinafter referred to as Pakistan.
  • The territories of Pakistan shall comprise Sindh, Punjab, Balochistan and Khyber Pakhtoon Khuwah.
  • Islamabad will be the capital of State.

Article 2.

“State Religion And Policies”

  • Islam shall be the State religion of Pakistan. And will have an impact on all the decision, rules, constitution and other matters of state.
  • Freedom of religion will be for every one.

Article 3.

“The Federation of Pakistan

The sovereignty of the Pakistan’s government shall apply to its entire territory. The Constitution Pakistan and federal laws shall have supremacy throughout the entire territory of the Pakistan’s government.

The President:

  • There shall be a President of Pakistan who shall be the Head of State
  • A person shall not be qualified for election as President unless he is a Muslim
  • The President shall be the guarantor of the Constitution and of human and civil rights and freedoms.
  • The President of the Pakistan shall be elected for a term of four years by the Parliament.
  • A person holding office as President shall be eligible for re-election to that office, and have no term limit
  • The President shall not hold two offices or positions at a time.
  • The President shouldn’t be a member of any political party. If he is he has to resign from that political party.
  • The President should be of sound character, And shall not have any criminal record in the past of any nature.
  • The President shall have power to grant pardon, reprieve and respite, and to remit, suspend or commute any sentence passed by any court, tribunal or other authority. But President will not have authority to grant pardon in cases against state and in which the Islamic Law has not prescribed any sentence.
  • The President should be elected by all 4 provincial assemblies.

Impeachment Of President:

  • Notwithstanding anything contained in the Constitution, the President may, in accordance with the provisions of this Article, be removed from office on the ground of physical or mental incapacity or impeached on a charge of violating the Constitution or gross misconduct.
  • The charges should be presented to the speaker by either house having more than one half of the members agreed to it.
  • The Speaker shall summon the two Houses to meet in a joint sitting. The joint sitting may investigate or cause to be investigated the ground or the charge upon which the notice is founded.
  • If, after consideration of the result of the investigation, if any, a resolution is passed at the joint sitting by the votes of not less than two-thirds of the total membership of Parliament declaring that the President is unfit to hold the office due to incapacity or is guilty of violating the Constitution or of gross misconduct, the President shall cease to hold office immediately on the passing of the resolution.

The Parliament:

  • The legislative power is vested in the Parliament.
  • There shall be a Parliament consisting of two houses to be known as the National Assembly and the Senate. Where as each province will have a provisional assembly.
  • Prime Minister will be elected by the National Assembly from the one’s nominated by The parties.
  • Prime minister should be the head of the party, he should win a seat, if for any reason he/she can’t win a seat, then party should held an internal election and choose a head which is already elected so that he/she can be PM.

*Note: This will avoid current scenarios where leaders sitting outside Pakistan have hold over Pakistan politics and parliament. So everyone should be in parliament if they are to be PM. leader of opposition. Cause if Leader of party can’t even win a seat He/She has no right to lead the party.

  • The number of members of the National Assembly is determined by law, should be 342 including seats reserved for women and non-Muslims.
  • Senate shall have 104 seats, giving each province a balanced representation. Each part get equal seats irregardless of how big a province is.
  • Out of which 8 shall be for FATA, 17 should be for women, 14 from each province, a certain number of seats for Ulema’s, non-Muslims and Technocrats. As prescribed by President. All should be elected by provincial assemblies of each province.
  • Notable public figure who has had a long and respected career in politics or government at the national and international level. should also be given percentage in assembly. preferably 25 % going to intelligent people who have grown above the party affiliation i.e. statesmen (the people who will hold these 25% seats should have no party affiliation and should be running the senate to make it deliberative body to be a check on parliament’s excess.)
  • The National Assembly shall, unless sooner dissolved, continue for a term of five years from the day of its first meeting and shall stand dissolved at the expiration of its term.
  • The National Assembly elects one Speaker and a Deputy Speaker in its first session of National assembly.

Qualifications for membership of Parliament:

  • Should be citizen of Pakistan & shall not be less than 25 years of age in case of National Assembly and not less than 35 years of age in case of Senate.
  • Should be of good character and is not commonly known as one who violates Islamic Injunctions.
  • Should be well aware of Islamic teachings, rules and laws.
  • Should be graduate at least.

Introduction and passing of Bills:

  • Bills prepared by provisional assemblies, or parties in assemblies, every one has full right to present a bill on what so ever mater.
  • The government will propose a bill in a committee in National Assembly. Committee will study the proposed bill might amend, change or completely rewrites the bill. Then it will sent it to speaker i.e. house of floor for votes. If the National assembly passes the bill It will be then sent to senate.
  • Senate will take further action on those bills, strike down un-necessary laws, deliberate thinking and make law better. Senate can change, modify, or completely rewrite the same bill.
  • Then both versions will be reconciled and a joint bill will be proposed and voted on both National assembly (NA) and Senate
  • If both houses pass the bill then the bill will be presented to the President for assent.

Federal Government:

  • Subject to the Constitution, the executive authority of the Federation shall be exercised in the name of the President by the Federal Government, consisting of the Prime Minister and the Federal Ministers, which shall act through the Prime Minister, who shall be the chief executive of the Federation.

The Cabinet:

  • There shall be a Cabinet of Ministers, with the Prime Minister at its head, to aid and advise the President in the exercise of his functions.
  • The Cabinet will collectively decide the government’s policy and tactical direction, especially in regard to legislation passed by the parliament.
  • All ministers, whether senior and in the cabinet or junior ministers, must publicly support the policy of the government, regardless of any private reservations

Vote of no-confidence against Prime Minister:

  • A resolution for a vote of no-confidence moved by not less than twenty per centum of the total membership of the National Assembly may be passed against the Prime Minister by the National Assembly.
  • If the resolution is passed by a majority of the total membership of the National Assembly, the Prime Minister shall cease to hold office.

Attorney-General for Pakistan:

  • The President shall appoint a person, being a person qualified to be appointed a Judge of the Supreme Court, to be the Attorney-General for Pakistan.
  • It shall be the duty of the Attorney-General to give advice to the Federal Government upon such legal matters, and to perform such other duties of a legal character as may be referred or assigned to him by the Federal Government, and in the performance of his duties he shall have the right of audience in all courts and tribunals in Pakistan.
  • The Attorney-General shall hold office during the pleasure of the President.

Article 4:

“Judicature”

Islam is the state religion and all the Laws and rules will be Formed under Islamic teachings and Guidance. The principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed.

Establishment and Jurisdiction of Courts:

  • The judiciary is an independent authority.  There is no control over judges in the dispensation of their judgments except in the case of the Islamic Shari’a.
  • There shall be a Supreme Court of Pakistan, a High Court for each Province and a High Court for the Islamabad Capital Territory TRO and such other courts as may be established by law.
  • The courts will apply the rules of the Islamic Shari’a in the cases that are brought before them, in accordance with what is indicated in the Book and the Sunnah, and statutes decreed by the government which do not contradict the Book or the Sunnah.

Appointment of Judges to the Supreme Court, High Courts and the Federal Sharia Court:

  • There shall be a Judicial Commission of Pakistan, hereinafter in this Article referred to as the Commission, for appointment of Judges of the Supreme Court, High Courts and the Federal Sharia Court, as hereinafter provided.
  • The President shall appoint the most senior Judge of the Supreme Court as the Chief Justice of Pakistan.
  • For appointment of Judges of a High Court, the Commission in Claus shall also include the following, namely:-

(i)      Member: Chief Justice of the High Court to which the appointment is being made;

(ii)      Member: The most senior Judge of that High Court;

(iii)     Member: Provincial Minister for Law; and

(iv)     Member: A senior advocate to be nominated by the Provincial Bar Council for a period of two years:

  • For appointment of Judges of the Federal Sharia Court, the Commission shall also include the Chief Justice of the Federal Sharia Court and the most senior Judge of that Court as its members.
  • All the courts i.e. High court, Federal courts, Local courts; There hearings shall be witnessed/scrutinized under the supervision of a panel of ulema so as to influence the decisions of courts to some extent. They will help the Judge to take decisions, and prescribe punishments or criteria’s if  Islam has any prescribed any sentence. But the final decisions will be taken by the judge.

The Federal Sharia Court:

The Court shall consist of not more than eight Ulema-e-Karam, including the Chief Justice to be appointed by the President.

The Chief Justice shall be a person who is, or has been, or is qualified, to be, a Judge of the Supreme Court or who is or has been a permanent Judge of a High Court.

The court will make sure the implementation of Islamic laws and principle throughout the country. The rules, regulation and sentences prescribed by Islam will abide all, Muslims or non Muslims. No exception to any one.

Article 5.

“Elections”

Election by secret ballot:

All elections under the Constitution, other than those of the Prime Minister and the Chief Minister, shall be by secret ballot.

Tenure of Elected:

The elections will be held every 5 years. The elected candidates, government and opposition will complete the tenure of 5 years. And will leave the office on completion of term.

On dissolution of the Assembly on completion of its term, or in case it is dissolved under circumstances/situations allowed by the constitution, the President, or the Governor, as the case may be, shall appoint a care-taker Cabinet.

Members of the care-taker Cabinets including the care-taker Prime Minister and the care-taker Chief Minister and their immediate family members shall not be eligible to contest the immediately following elections to such Assemblies.

Election Procedure:

  • The elections for the Parliament will held every 5 years.
  • Who ever wins the majority of votes will be invited to form the government.
  • Parliament will be formed having government and opposition.
  • Notable public figure who has had a long and respected career in politics or government at the national and international level. should also be given percentage in assembly. preferably 25 % going to intelligent people who have grown above the party affiliation i.e statesmen
  • The parties in the parliament will then nominate the persons for the position of  President or individuals can also submit forms (who have been elected to be in parliament)
  • The nominees will then be elected by all 4 provincial assemblies and Parliament.

Article 6.

“Islamic Provision”

The state protects Islam; it implements its Shari’a; it orders people to do right and shun evil; it fulfills the duty regarding God’s call.

Provisions related to holy Quran and Sunnah:

All existing laws shall be brought in conformity of Islamic laws and principles , they shouldn’t be contradicting Holy Book and Sunnah. Nothing in this Part shall affect the personal laws of non Muslim citizens or their status as citizens.

Islamic Council:

The Islamic council will make recommendation to Parliament, Prime minister etc to make possible for the people to enunciate and fashion their life according to the principle of Holy Quran and Sunnah

Reference by Parliament to Islamic Council:

The President, the Governor of a Province, or both houses can refer to the Islamic Council for advice any question as to whether a proposed law is or is not repugnant to the Injunctions of Islam.

 

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