NADIRA HASSAN LAW DEPARTMENT

KINNAIRD COLLEGE FOR WOMEN

Fall 2021

Constitutional Development of Pakistan

Course Outline

LAW-M 304
 NADIRA HASSAN LAW DEPARTMENT

Course Information:

Constitutional Development of Pakistan

Prerequisite N/A
Credits 03
Semester V

Instructor information

Instructor Name: Shaffaf Shahid Latif

Office timings: You may e-mail at the following address for an
appointment: shaffaf.shahid@kinnaird.edu.pk
Class Timings: Tuesday 2.30 pm - 3.55 pm
Friday 11.00 am - 12.25 pm

COURSE OVERVIEW

This course seeks to provide an overview of the historical, political, and jurisprudential
underpinnings of constitutional development in Pakistan. The course begins with a study
of the emergence of a state constitution in the post-colonial nation of Pakistan and the
specific dilemmas of constitution-making faced by it. Students will continue to critically
review the Constitutions of 1956 and 1962 and landmark constitutional cases in order to
contextualize and identify how the political and social crises faced by the nascent state
were reflected in its constitutional development and institutional structures. The second
half of the course primarily focuses on the 1973 Constitution and the continuing crises it
was mired in due to the power struggles between the different state organs. The course
concludes with a thematic overview of the developing framework of the constitution,
including in the areas of fundamental rights, independence of judiciary, and the relations
between the federal unit and the provinces, along with contemporary constitutional matters
decided by the apex court of Pakistan.

The objective of this course is to familiarize students with the processes of constitution-
making in Pakistan, the institutional structures they give birth to, and the debates
surrounding the same, while equipping them with the skills necessary to conduct a critical
analysis of power politics and their relation to our evolving constitution.
 NADIRA HASSAN LAW DEPARTMENT

COURSE OBJECTIVES

The objectives of this course are to:

• Provide an introduction to the processes of constitution-making in Pakistan;

• Conduct a critical and comparative study of the Constitutions of 1956, 1962, and
1973 in light of landmark constitutional cases;

• Critically evaluate how the various amendments to and interpretations of the

Constitution provide legitimacy to different institutions;

• Examine the developing framework of the Constitution in the context of, inter alia,
fundamental rights and their justiciability, independence of judiciary, and the
relations between the federal unit and the provinces; and

• Review contemporary constitutional matters decided by the Supreme Court of

Pakistan.

LEARNING OUTCOMES

By the end of the course, students should be able to:

• Contextualize and identify how the political and social crises faced by Pakistan
have been and continue to be reflected in its constitutional development and
institutional structures.
 NADIRA HASSAN LAW DEPARTMENT

COURSE OUTLINE

WEEK CLASS TOPICS READINGS

1 Introduction to the • Federalist Papers No. 51

Course • Reflections on Constitution Making, Tribe
& Landry
1
2 Constitution Making • Constitutional Design for Divided Societies,
Arendt Lijphart
• Classical and Post-conflict Federalism:
Implications for Asia, Sujit Choudhary

3 The British Raj • Hamid Khan (6 – 18, 21-32, 41-44)

• Hamid Khan (33-40)
The Government of • G.W. Choudhury (Chapter 2)
India Act, 1935

Indian Independence
Act, 1947
2
4 Emergence of a • Hamid Khan (57 –63)
Constitutional State • Constitution-making Dilemmas of Pakistan, G.W.
Choudhry
• Hamid Khan (64 – 79)
The Objectives • G.W. Choudhury (Chapter 3)
Resolution

5 The First • Maulvi Tamizuddin case [PLD 1955 FC 240]

Constitutional Crisis o Munir, CJ (pg 250 – 258, 271 – 280, 284 –
TEST 290, 294 – 306, 308 – 309, 313 - 315)
NO. 1 (First look at the o Cornelius, J (pg 343 - 372)
Doctrine of • Hamid Khan (81-85)
3 Necessity) • Paula Newberg (35-51)

6 Constitutional Crisis - • Usif Patel & 2 others v. The Crown [PLD 1955
II FC 387 (Appellate Jurisdiction)]
• Hamid Khan (85-86)
 NADIRA HASSAN LAW DEPARTMENT

7 Constitutional Crisis • Governor General Reference [PLD 1955 FC 435

– III (Advisory Jurisdiction)]
• Hamid Khan (86-95)
(The Doctrine of • Paula Newberg (51-68)
Necessity emerges)
4
8 The Constitution of • Hamid Khan (97 – 118)
1956 • G.W. Choudhury (Chapter 8)
A.
NO. 1

9 Constitutional Crisis • Hamid Khan (121 – 123)

– IV • State v. Dosso, [PLD 1959 SC 533]
• Kelsen, Constitutions, Coup d’Etats and Courts,
(Kelsen’s Doctrine of Tayyab Mahmud
Revolutionary • Paula Newberg (69-78, 86-89)
Legality)

5 The Laws
(Continuance in
Force) Order, 1958

10 The Constitution of • Hamid Khan (129 – 151, 157 - 158)

1962 • Pakistan: New Constitution, Old Issues, Richard
Wheeler

11 Living under the • Hamid Khan (161 – 185, 189 – 196)

Constitution of 1962 • Constitution Making: the Development of
TEST Federalism in Pakistan, Craig Baxter
6 NO. 2

12 • Hamid Khan (201 – 209, 223- 228, 232 – 241)

• Mir Hassan v. The State [PLD 1969 Lah 786]

13 Constitutional Crisis • Hamid Khan (248 – 250, 251- 253, 253 – 256)
7 –V • Asma Jillani case [PLD 1972 SC 139]
A.
NO. 2

14 The Constitution of • Hamid Khan (264 – 267, Chapter 22)

1973 • Constitution of Pakistan, 1973
 NADIRA HASSAN LAW DEPARTMENT

8 15 MIDTERMS
16

17 Constitutional Crisis • Hamid Khan (326-331, 343)

– VI • Paula Newberg, 161- 179
• Nusrat Bhutto case [PLD 1977 SC 657]
(The Zia Era) • The Doctrine of State Necessity in Pakistan, Mark
M. Stavsky

9
18 The 8th Amendment • Hamid Khan (369-376, 389-390, 399-400, 402-
and the Era of 407)
Dissolutions - I • 8th Amendment to the Constitution
• Federation of Pakistan versus
Muhammad Saifullah Khan [PLD 1989 SC 166]
• Ahmad Tariq Rahim v. Federation of Pakistan
[PLD 1992 SC 646] (pp. 651-680)

19 The 8th Amendment • Hamid Khan (417-420)

and the Era of • Nawaz Sharif v. President of Pakistan [PLD 1993
Dissolutions - II SC 473]
• Paula Newberg, 214-232
• Jurisprudence of Dissolutions, Osama Siddique
(selected pages)
10

20 The 8th Amendment • Hamid Khan (439-440, 445-449)

and the Era of • Benazir Bhutto v. Federation of Pakistan [PLD
Dissolutions – III 1988 SC 416]
• Mahmood Khan Achakzai v. Federation of
Pakistan [PLD 1997SC 426]

21 The Coup of 1999, • Hamid Khan (480-482, 485-488, 491-494, 499-

the Legal Framework 502)
TEST Order (LFO) , and the • Zafar Ali Shah case [PLD 2000 SC 869] (pp. 869,
NO. 3 17th Amendment 912-917, 1205-1223)
• The 17th Amendment to the Constitution
11 • Pakistan Lawyers Forum v. Federation of
Pakistaan [PLD 2005 SC 719]

22 Emergency & The • The Chaudhry Court: Rule of Law or

Lawyers’ Movement Judicialization of Politics?, Moeen Cheema
 NADIRA HASSAN LAW DEPARTMENT

23 The 18th • Hamid Khan (566-576)

Amendment– I • The text of the 18th Amendment
A. • District Bar Association, Rawalpindi v.
NO. 3 Federation of Pakistan [PLD 2015 SC 401]
• Saying not what the Constitution is ... but what it
should be: Comment on the Judgment on the 18th
and 21st Amendments to the Constitution,
Waqqas Mir
12 • Punjab Higher Education Commission v.
Auragzeb Alamgir [2017 PLD 489 Lah]

24 The 18th • Constitutional Structures for a Strong

Amendment– II Democracy: Considerations on the Government
of Pakistan, Roger Myerson
• Sui Southern Gas Limited v. Federation of
Pakistan [2018 SCMR 802]

25 Fundamental Rights • Jibendra Kishore v. Province of East Pakistan

[PLD 1957 SC 9]
• PML v. Federation of Pakistan [PLD 2007 SC
642]
• Shehla Zia v WAPDA [PLD 1994 SC 693]
13 • Impact of Justiciability of the Right to Education
on its Enforcement in India and Pakistan, Sara
Jamil

26 Independence of • Al-Jehad Trust case [PLD 1996 SC 324]

Judiciary – I

27 Independence of • Munir Hussain Bhatti v. Federation of Pakistan

Judiciary – II [PLD 2011 SC 407]
• Judicial Appointments in Pakistan: Coming Full
Circle, Saroop Ijaz
14
• The 19th Amendment to the Constitution

28 Separation of Powers • Wukala Mahaz v. Federation of Pakistan [PLD

1998 SC 1263]
 NADIRA HASSAN LAW DEPARTMENT

• Still Above the Law?, Babar Sattar (available at:

https://www.dawn.com/news/1142072)

29 Contemporary Issues • Military Courts judgment (selected extracts)

- I • Panama judgement (selected extracts)
•
15
30 Contemporary Issues • Mustafa Impex case (selected extracts)
- II • Qazi Faez Isa Presidential Reference

31 Review Class
16
32 Review Class
 NADIRA HASSAN LAW DEPARTMENT

Essential Textbooks:

Hamid Khan, Constitutional and Political History of Pakistan. (3rd edition)

Supplementary Textbooks:

G.W. Choudhry, Constitutional Development in Pakistan.

Paula Newberg, Judging the State: Courts and Constitutional Politics in
Pakistan (relevant excerpts will be made available online).

Attendance

Attendance is mandatory and will be noted in every class. If a student is late or leaves early,
they will be considered an absentee. I must be personally informed prior to class if a student
wishes to have an absence excused. If a student misses more than six lecture hours in the
course, they will be withdrawn from the course and will not be allowed to take the final
exam.
 NADIRA HASSAN LAW DEPARTMENT

GRADING RUBRIC FOR ASSIGNMENT

S Criteria Excellent Acceptable Less than Acceptable

No.
1 Topic/Title Innovative topic/title Satisfactory topic/title Less than satisfactory
0.5 topic/title
1 0
2 Knowledge/Un Substantial Knowledge Partial Knowledge Minimal Knowledge
derstanding It includes required It includes some It includes limited
information on topic information on topic information on topic

2 1 0.5

3 Thinking and Demonstrates coherent Demonstrates Demonstrates less

Coherence of thought coherence of thought at substantial coherent
thought minimum level thought
2 1 0.5
4 Introduction Effective introduction as Introduction have some Introduction is not as per
required flaws required

1 0.5 0
5 Main body of Effective inclusion of all Lacks some important Not up to mark
assignment perspectives of topic points
1
0.5 0
6 Analysis Effective attempt at Limited analysis on Less than effective
analysis on topic and topic and associated analysis on topic and
associated issues issues associated issues

2 1 0.5
7 References Referencing style as Minimum level of use of Less than minimum level of
required referencing style use of referencing style

0.5 0
1

INSTRUCTIONS FOR ASSIGNMENT (SOFT COPY)

• Soft copy should be submitted/uploaded prior to presentation.

• Soft copy should include:
• Title page
Title page should have:

❖ College name
❖ College logo
❖ Department’s name
 NADIRA HASSAN LAW DEPARTMENT

❖ Topic/Title of assignment
❖ Student’s name
❖ Class/Semester/Session
❖ Instructor’s name
❖ Course Title, Date of submission

• Introduction
• Main body (Main theme with headings or sub headings)
• Analysis
• References
• Title Page font size should be 16.
• Font size of inside draft headings should be 14 and sub headings 12.
• Line spacing should be 1.5.
• APA Style should be followed.
• College plagiarism policy should be followed (Soft copy of College plagiarism
policy has already shared with students).
 NADIRA HASSAN LAW DEPARTMENT

Project/ Term Paper/Presentations

Students will get approval of topic and outline by the instructor prior to the
submission/uploading of final soft copy on MS Teams. The soft copy will be uploaded by
the student. Moreover, power point presentations will be given. Both soft copy and
presentation will be assessed on the basis of provided rubric (attached at the end).

PROJECT/TERM PAPER/ PRESENTATION GRADING RUBRIC

S No. Criteria Excellent Acceptable Less than Acceptable

1 Soft Copy As per given format Minimum level Less than minimum level

3 2 1
2 Content Student grasp of Student grasp of Student grasp of information
Knowledge information effectively information at at below minimum level
minimum level
2 1 0.5
3 Analysis Effective attempt at Limited analysis Less than effective
analysis on topic and on topic and analysis on topic and
associated issues associated issues associated issues
2 1 0.5
4 Slides Effective use of Minimum level of Less than minimum level of
Formation presentation skills and effective use of effective use of presentation
formation of slides presentation skills skills and formation of slides
and formation of
slides
2 1 0.5
5 Organization Audience effective Audience has Audience has much difficulty
and understanding of difficulty in in following presentation
presentation presentation following
skills because there is presentation
sequence of
information
3 2 1
6 Question/Answ Logically and Minimum level of Below minimum level of
er Session effectively answer the using logic and using logic and effectively
questions effectively answer answer the questions
the questions
3 2 1

Total
 NADIRA HASSAN LAW DEPARTMENT

INSTRUCTIONS FOR SOFT COPY SUBMISSION AND PRESENTATION

• Soft copy should be submitted/uploaded prior to presentation.
• Soft copy should include:
• Title page
❖ College name
❖ College logo
❖ Department’s name
❖ Topic/Title of project
❖ Student’s name
❖ Class/Semester/ Session
❖ Instructor’s name
❖ Course Title, Date of submission
• Abstract
• Introduction
• Main body (Main theme with headings or sub headings)
• Analysis
• References
• Title Page font size should be 16.
• Font size of inside headings should be 14 and sub headings 12.
• Line spacing should be 1.5.
• APA Style should be followed.
• College plagiarism policy should be followed. (Soft copy of College plagiarism
policy has already shared with students).
• Power point presentations should be given.
• Presentations can be individual or in group.
• Time duration for Presentations shall be 10-15 minutes.
• Slides should not exceed from 8-10.
• Paper reading is not allowed.
 NADIRA HASSAN LAW DEPARTMENT

Grading

Tests (3) 15
Assignments (3) 10
Presentation 15
Mid Term: 25
Final term 35

Total: 100

Class Conduct

All students are expected to read the assigned material for each class and to participate
actively in class discussions. Please turn off your mobile phones during class and be
respectful towards your class-fellows and instructor at all times. Any student disrupting the
class will be asked to leave. Strict disciplinary action will be taken against any student
found guilty of cheating or plagiarism.