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12 Parts of Constitution of Pakistan

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100% found this document useful (1 vote)
56 views3 pages

12 Parts of Constitution of Pakistan

Uploaded by

aishaabdulhadi2
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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12 PARTS OF CONSTITUTION OF PAKISTAN

INTRODUCTION
The Constitution of Pakistan was adopted on August 14, 1973, by the National Assembly of Pakistan,
under the leadership of Zulfiqar Ali Bhutto. It was drafted by a committee chaired by Abdul Razzaq
Thahim, and it replaced the 1962 Constitution. The 1973 Constitution is the supreme law of Pakistan and
has been amended several times since its adoption. It consists of 12 parts, 29 chapters, and 280 articles.
The Constitution outlines the political, legal, and social framework of Pakistan, and it is considered a
cornerstone of the country's governance and democracy.

Part I: INTRODUCTORY
This part consist of six articles and it establishes Pakistan as the Federal Republic, comprising specific
territories and declaring Islam as the State religion. The Objectives Resolution principles are integrated
into the Constitution. The State is tasked with eliminating exploitation and ensuring fair treatment based
on work. Citizens are entitled to legal protection, with obligations of loyalty to the State and adherence
to the Constitution and laws.

Part 2 Fundamental rights and principles of policy :


This part contain two chapters and 34 articles. Fundamental Rights ensure security, fair trial, prohibition
of slavery, dignity, privacy, freedom of movement, assembly, association, trade, speech, religion,
equality, education, non-discrimination, language preservation, and cultural promotion.

Principles of Policy mandate adherence to Islamic principles, encourage local government institutions,
discourage prejudices, ensure women's participation, protect family and minorities, and promote social
justice. These principles guide state actions, subject to resource availability, for the well-being of
citizens.

PART 3: THE FEDERATION OF PAKISTAN


This part consist of three chapters and 60 articles. This section outlines Pakistan's government structure
and functions, including the President's election for a five-year term, with discretionary powers. The
Senate elects a Chairman and Deputy Chairman, ensuring Parliament's autonomy. Money Bills start in
the National Assembly and need the President's approval within 30 days. The President heads the
executive authority, with a Cabinet led by the Prime Minister. The President can issue ordinances and
appoint up to five Advisers. The Attorney-General provides legal advice.

PART 4: PROVINCES
This part consist of three chapters and 40 articles. In Pakistan, governors are appointed by the President
and act on Cabinet or Chief Minister advice. Provincial Assemblies have seats for general, women, and
non-Muslims, with a five-year term. Executive authority in a province lies with the Governor, who can
promulgate ordinances with Assembly approval. The Chief Minister needs Assembly's confidence and
can be ousted through a no-confidence vote. The President serves a five-year term, with executive
authority extending to Parliament's legislative power, appointing a Cabinet and Advisers. Actions are
carried out in the President's name, with legal advice from the Attorney-General.
PART 5 : RELATIONS BETWEEN FEDERATION AND PROVINCES
This section outlines the distribution of legislative powers between the Federation and Provinces in
Pakistan. Parliament and Provincial Assemblies have the authority to enact laws, with Parliament having
exclusive power over certain matters. Inconsistencies between federal and provincial laws are resolved
in favor of federal law. The President and Governors have powers to direct and entrust functions, and
there are mechanisms for resolving disputes and regulating policies in areas like water, economy,
electricity, and broadcasting.

Part VI Finance, Property, Contracts, and Suits.


This part contains 3 chapters and 14 articles covering Finance, Property, Contracts, and Suits. Chapter 1
discusses the National Finance Commission, revenue distribution, taxation, and provincial tax authority.
Miscellaneous Financial Provisions include grants, tax exemptions, and corporate taxation. Chapter 2
focuses on Borrowing and Audit, detailing the borrowing powers of the Federal and Provincial
governments and the role of the Auditor-General in auditing and reporting. Chapter 3 outlines
provisions related to ownerless property, property acquisition, contracts, and legal proceedings for both
the Federation and Provinces.

PART VII The Judicature


It contains 4 chapters and 38 articles. The document establishes Pakistan's judiciary, including the
Supreme Court and High Courts, aiming for separation from the executive within 14 years. It establishes
the Judicial Commission for appointments and outlines procedures for Judges. It defines the Supreme
Court's jurisdiction, powers, advisory role, and binding authority. Chapter 4 addresses contempt of
court, judges' remuneration, resignation, holding lucrative offices, officers, the Supreme Judicial Council,
and administrative courts. It empowers courts to penalize contempt, sets judges' compensation,
prohibits certain offices, and establishes the Supreme Judicial Council for inquiries. Administrative courts
are allowed with restricted intervention rights, emphasizing judicial independence and efficiency.

PART VIII Elections


It contains 2 chapters and 13 articles. It outlines election procedures, including the Chief Election
Commissioner's appointment, tenure, and duties. It prohibits lucrative offices, mandates assistance to
the Election Commission, and allows for appointing officers. Parliament can enact electoral laws,
resolving disputes and specifying election timelines. Caretaker government procedures and secret ballot
mandates are also defined.

Part IX Islamic Provisions


It only contains 5 articles. It outlines Islamic provisions, emphasizing adherence to the Holy Quran and
Sunnah in legislation. Laws must align with Islamic principles without conflicting with personal laws of
non-Muslim citizens. The Islamic Council, appointed by the President, advises on Islamic matters. The
President, Governor, or Parliament may seek the Council's opinion on law compatibility with Islam. The
Council ensures legislation conforms to Islam, advises on aligning existing laws, and compiles Islamic
Injunctions for legislative guidance. Its proceedings follow approved rules of procedure.
Part X Emergency Provisions
It only contains 6 articles. It outlines emergency provisions allowing the President to declare a state of
emergency due to war, external aggression, or internal disturbance. During emergencies, Parliament can
legislate for provinces, fundamental rights may be suspended, and the President can extend the
National Assembly's term. The President can suspend specific fundamental rights and assume provincial
functions in case of constitutional breakdown or financial emergency. Emergency proclamations must
be approved by Parliament and cannot be challenged in court. Parliament can pass laws indemnifying
individuals for actions taken during emergencies.

Part XI Amendment of constitution


It contain only 2 articles. It outlines the process of amending the Constitution, vested in Parliament. A
Constitution amendment bill can begin in either house of Parliament and requires a two-thirds majority
in that house. It must then pass the other house with the same majority. If the amendment concerns
provincial boundaries, it needs approval from the affected provincial assembly. Once both houses pass
it, the bill is sent to the President for assent. Amendments are immune from court challenges, and
Parliament holds unlimited power to amend the Constitution.

Part XII Miscellaneous


It contains 7 chapters and 41 articles. It outlines various themes such as services, armed forces, tribal
areas, and general provisions. It establishes processes for appointments, outlines service conditions, and
mandates the formation of Public Service Commissions. The Federal Government controls the Armed
Forces, appointing officials through the President. Tribal Areas are defined, and officials receive legal
safeguards. The Constitution provides clarifications on terms, specifies the Gregorian calendar for time
reckoning, and ensures continuity after law repeals. It also addresses transitional measures,
empowering the President to issue orders for adaptations, affirming the validity of certain laws, and
providing for the continuity of elections and assemblies under the new Constitution.

Conclusion
In conclusion, the 1973 Constitution of Pakistan is a vital document that has played a significant role in
shaping the country's political, legal, and social framework. Its provisions have had a profound impact on
the lives of citizens, and its influence can be seen in many aspects of Pakistani society. As Pakistan
continues to evolve and grow, the Constitution remains a cornerstone of its governance and democracy,
and its importance cannot be overstated.

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