Pak Study Notes
Pak Study Notes
1. What is Constitution?
• It defines the powers and duties of the government, the rights of citizens, and the
distribution of authority.
• Importance:
• Process:
• After the 1949 Objective Resolution, efforts were made to draft a constitution.
• The Constituent Assembly worked on drafting the first constitution, but it faced
challenges:
o The failure to achieve consensus on key issues like the role of Islam in
governance.
• Pakistan has had several constitutions: 1956, 1962, and the current one (1973).
• The 1973 Constitution is the most significant and still in effect today.
• It incorporates:
8. Article V: Loyalty to the State and Obedience to the Constitution and Law
• Article V emphasizes:
• This article highlights the importance of upholding national unity and following
the rule of law.
1. What is Constitution?
• Process: Involves drafting, debating, and ratifying the constitution with legal
and public input.
6. Amendments in Constitution
• Fundamental Rights: Basic human rights like equality and freedom of speech.
8. Article V: Loyalty to the State and Obedience to the Constitution and Law
• Citizens must show loyalty to the state and obey the Constitution and its laws.
Here’s a brief examination of the reasons behind the delays in making the constitution
of Pakistan after independence:
1. Political Instability
• Diverse groups: Pakistan had diverse ethnic groups and regional differences,
making it difficult to agree on a uniform constitution.
• Disputes between East and West Pakistan about the distribution of powers and
representation.
3. Lack of Consensus
• Debates about the role of Islam in governance, and whether Pakistan should be a
theocratic or democratic state.
4. Economic Issues
• British legacy: Pakistan inherited the colonial legal system and had to adapt it,
causing delays.
• The Constituent Assembly initially formed to draft the constitution was dissolved
in 1954 without completing the task.
7. Military Interference
• The military played a significant role in Pakistan's early years, often influencing or
directly interfering in politics, which contributed to delays in constitutional
development.
Conclusion:
What is Constitution?
• It serves as the supreme law, meaning all laws and government actions must align
with the constitution.
o Ensures that laws are applied fairly and consistently to all citizens,
including government officials.
o Provides a framework for governance that helps prevent chaos and ensures
continuity of leadership and law.
o A constitution often reflects the values, culture, and beliefs of the people,
helping to shape the identity of the nation.
o Establishes a system for equal protection of all citizens and justice in legal
matters.
Conclusion:
A constitution is critical for the functioning and stability of a state as it ensures fairness,
protects rights, defines governance, and limits government power.
The 18th Amendment to the Constitution of Pakistan was passed in 2010 and is
considered one of the most significant changes to the country’s legal and political
framework.
Key Provisions:
o This gave more power to the Prime Minister and Parliament, enhancing
parliamentary democracy.
3. Devolution of Powers:
1. Strengthening Democracy:
o By reducing the president’s powers and making the Prime Minister and
Parliament more effective, the amendment helped promote parliamentary
democracy in Pakistan.
o It shifted the balance of power from a centralized executive to a
parliamentary system, improving the accountability of elected officials.
4. Increased Accountability:
o The focus on fundamental rights and the welfare state reinforced the
principles of social justice, addressing issues like poverty and inequality,
and laying the foundation for better governance in terms of human rights
and citizen welfare.
Conclusion:
1. Political Instability
• Tension Between Political Parties: Political parties like the All-India Muslim
League, which had a prominent role during the independence movement, were
divided on how the country should be governed.
• Colonial Systems: The British colonial legacy meant that Pakistan inherited many
structures that were not designed to function democratically. The political
institutions, including the civil services, were rooted in an authoritarian system
that was resistant to change.
• Islamic State Debate: There was disagreement on the extent to which Pakistan
should be governed according to Islamic principles. While the leadership of
Pakistan was committed to creating an Islamic state, there were differences on
how Islamic laws should be incorporated into the legal and constitutional
framework.
• Secular vs. Islamic Debate: The debate between secularism and Islamization led
to delays in drafting a constitution that could balance religious identity with
modern governance.
6. Kashmir Issue
• Dispute with India: The ongoing conflict with India over the Kashmir region
distracted Pakistan’s leadership from focusing on internal constitutional
development. The war and tensions with India contributed to delays in the
constitution-making process as national security concerns took priority.
Conclusion
The delay in the making of Pakistan's constitution after independence was caused by a
combination of political instability, regional tensions, lack of experience, ideological
divisions, external pressures, and leadership crises. Despite these challenges, the country
eventually succeeded in formulating its first constitution in 1956, though it was marked
by continuous amendments and revisions in subsequent years.
What is a Constitution?
• Nature: It serves as the supreme law of the land, meaning that all laws and
policies must align with the constitution.
• Components:
o Preamble: The introduction outlining the purpose and values of the state.
6. Encourages Accountability:
Conclusion
The 18th Amendment to the Constitution of Pakistan was passed in 2010 and made
significant changes to the structure and functioning of the government. It was a major
milestone in Pakistan's constitutional history, aimed at strengthening democracy and
promoting provincial autonomy.
2. Provincial Autonomy:
4. Judicial Reforms:
• One of the most important features of the 18th Amendment was the devolution of
power to the provinces. By abolishing the Concurrent List and giving provinces
greater control over their affairs, the amendment aimed at promoting regional
autonomy and reducing the centralization of power in Islamabad. This fostered a
more inclusive governance structure, where provinces could manage their own
resources and affairs more efficiently.
5. Stability in Governance
The 18th Amendment to the Constitution of Pakistan was a landmark step in reshaping
the governance structure of the country. By enhancing provincial autonomy, reducing
the power of the president, restoring parliamentary democracy, and strengthening the
judiciary, the amendment helped Pakistan move toward a more democratic and
inclusive form of governance. Its significance lies in its ability to promote
decentralization, ensure political stability, and protect fundamental rights, making it a
key turning point in Pakistan’s constitutional and political development.
Remaining Syllabus
1. What is Constitution?
• Role:
• Importance of Constitution:
o Protection of Rights:
▪ Defines the powers of each branch and ensures they operate within
legal limits.
o Legal Stability:
o Drafting:
o Debating:
o Ratifying:
• Significance:
o Islamic State Framework: Set the groundwork for creating laws based on
Islamic principles.
• Initial Challenges:
o Role of President and Prime Minister: The President was made the
ceremonial head of state, while the Prime Minister took on executive
powers.
• Multiple Constitutions:
o 1973 Constitution:
6. Amendments in Constitution
• Other Amendments:
• Fundamental Rights:
• Principles of Policy:
8. Article V: Loyalty to the State and Obedience to the Constitution and Law
o All citizens are required to adhere to the Constitution and its laws.
o Promotes national unity and legal adherence, ensuring that the state
operates on a foundation of law and justice.
What is a constitution?
Abraham Lincoln (16th U.S. President) – "The best way to predict your future is to
create it."
(This reflects the idea that constitutions help shape a nation's future and its governance.)
Definition
Nature of a Constitution
• Supreme Law: The constitution is the highest legal authority in a country. All
laws and government actions must align with it, and it takes precedence over other
laws.
Components of a Constitution
1. Preamble
The preamble is the opening section that outlines the purpose, values, and goals of
the state. It expresses the guiding principles and intent behind the constitution.
2. Articles/Clauses
These are the main sections that provide detailed explanations of:
• Defines Powers and Rights: It specifies what powers each branch of government
has and the rights citizens enjoy.
• Guides Lawmaking: It provides the framework within which laws can be created
and enforced.
In simple terms, a constitution is the rulebook for how a country works, setting the
boundaries of government power and protecting the rights of the people.
• Equality and Justice: It ensures that all citizens are treated equally and justly,
protecting them from discrimination or unfair treatment by the state.
• Ensures Justice for All: It creates a system where all citizens, regardless of their
size or influence, are treated equally under the law.
6. Encourages Accountability
• Holds Leaders Accountable: The constitution requires government leaders to
follow the rule of law, making them answerable for their actions.
• Prevents Arbitrary Rule: By setting clear laws and limits, the constitution
prevents leaders from ruling without accountability or acting in their personal
interests.
• Reflects National Identity: The constitution often reflects the values, culture, and
beliefs of the people, which helps promote unity and pride in the nation.
• Clarifies National Goals: It sets out the goals of the state, helping citizens unite
around a common purpose and ensuring everyone works toward the same vision.
Conclusion
A constitution is vital for a state because it creates a stable, fair, and accountable
government. It protects citizens' rights, ensures justice and equality, defines the structure
of governance, and promotes national unity. Without a constitution, a state would lack
clarity, fairness, and stability, leading to potential conflicts and undermining the well-
being of its people.
Ek constitution (dastoor) aik mulk ke liye buhat zaroori hota hai. Ye mulk ki hukumat ko
organize karta hai aur usko chalane ke liye rules tayar karta hai. Ab, aapko samajhne
mein madad karnay ke liye, mein aapko Roman Urdu mein explain karta hoon.
1. Rule of Law:
Constitution se hukumat ko aur logon ko kanoon ke neeche rakha jata hai. Iska
matlab hai ke jo bhi hukumat ka afsar ho ya aam shakhs, woh sabko kanoon ke
mutabiq chalna padta hai. Yeh kanoon ke tahat sabko barabar ka haq deta hai aur
har cheez mein insaf hota hai.
5. Minority Rights:
Constitution minority (kamzor) groups ke haqooq ka bhi khayal rakhta hai. Yeh
nahi hone deta ke jo majority (zyada log) hain, woh kamzor groups ke sath na-
insafi karen. Sab ko barabar ka insaf milta hai.
6. Accountability (Zimmedari):
Jab hukumat ka koi leader kuch galat karta hai, to constitution usko jawabdeh
(accountable) banata hai. Yeh nahi hone deta ke leaders apne personal faide ke
liye hukumatein chalayein, aur har shakhs ko apni zimmadari samajhni padti hai.
Conclusion:
Agar mulk ke paas ek constitution na ho, to wo mulk bohot confused aur unstable ho jata
hai. Log apne haqooq ke liye jhagde karte hain, aur hukumat apne power ko misuse karti
hai. Constitution ek framework provide karta hai jisme sab kuch clear hota hai, aur har
shakhs ko apni zimmadari samajhni padti hai. Isliye, yeh bohot zaroori hai ke har mulk
ke paas apna constitution ho.
To help you memorize and easily recall the key points in your exam, let’s simplify the
headings and use mnemonic devices for each section. I'll break down each heading and
pair it with a memorable keyword and mnemonic.
• Key Concepts:
• Key Concepts:
o Equality and Justice: Ensures equal treatment for all citizens, preventing
discrimination.
3. Defines the Structure of Government
• Key Concepts:
• Key Concepts:
• Key Concepts:
o Ensures Justice for All: Guarantees equal treatment for all citizens,
regardless of power.
6. Encourages Accountability
• Mnemonic: "Leaders Answer, No Tyranny"
• Key Concepts:
• Key Concepts:
o Reflects National Identity: Mirrors the culture, values, and beliefs of the
people.
o Clarifies National Goals: Sets clear goals that unite citizens under a shared
vision.
• Key Concepts:
o Prevents Civil Unrest: Reduces the risk of conflict during political shifts
or elections.
1. Political Instability
• Secular vs. Islamic State Debate: There was no agreement on whether Pakistan
should be a purely Islamic state or if it should adopt secular governance principles.
Political leaders had differing views on how Islamic laws should be incorporated
into the constitution.
• Bureaucratic Control: The early government was heavily dependent on the civil
bureaucracy and military, rather than elected officials, which slowed down the
constitution-making process.
• Colonial Systems: Pakistan inherited many of its political and legal structures
from the British colonial system, which were not designed for democratic
governance. Adapting these systems to suit the needs of a newly independent
nation contributed to delays.
• Dispute with India: The ongoing conflict with India over Kashmir distracted the
leadership from focusing on internal matters like the constitution. Security
concerns, including the displacement of refugees, took priority.
7. Leadership Crisis
• Lack of Stable Leadership: Disagreements among key figures and the absence of
a unified leadership made it difficult to reach a consensus on constitutional
matters.
9. Military Interference
• Military Influence: The military had a significant role in Pakistan’s early years,
often interfering in politics. This military involvement created political instability
and contributed to delays in constitutional development.
Conclusion
• Political Instability
• Economic Challenges
o Poverty, scarce resources, and the aftermath of partition took priority over
constitution-making.
o Refugee crises and violence after partition distracted leaders from the task.
• External Influences
o Inherited British colonial systems that were not suitable for a new
democracy.
o Pressure from foreign powers and the ongoing Kashmir conflict diverted
focus.
• Military Interference
Conclusion:
The delays in making Pakistan's constitution were caused by political instability, regional
tensions, ideological differences, economic issues, and military interference. Despite
these challenges, Pakistan eventually adopted its first constitution in 1956.
Pakistan ki constitution bananay mein dair hone ke kai reasons the jo politics, social,
economic aur external factors se related the. Ye main reasons hain:
1. Political Instability:
Pakistan ke leaders ke beech mein constitutional issues par consensus nahi tha.
Hukoomat ke badalnay se instability badhi, aur bureaucracy aur military ki
dominance ne bhi process ko slow kar diya.
5. Economic Challenges:
Partition ke baad Pakistan ko bhut economic problems face karni pad rahi thi.
Resources ki kami aur refugee crisis ne government ka focus constitution se
hattake survival aur reconstruction par daal diya.
6. External Influences:
Pakistan ko apne foreign relations, khas taur pe India aur Britain ke saath, par bhi
dhyan dena pad raha tha. Kashmir issue aur foreign pressure ne bhi internal focus
ko disrupt kiya.
8. Military Interference:
Military ka political matters mein hissa lena bhi stability ke liye nuksan da ho gaya
aur constitution bananay mein dair hui.
Conclusion:
Yeh tamam factors Pakistan ke constitution banane mein dair ka sabab bane. Political
instability, regional differences, economic problems aur military interference ne is
process ko rok liya. Aakhirkar 1956 mein Pakistan ne apni pehli constitution adopt ki,
lekin political instability ab bhi thi aur amendments hote rahe.
The 18th Amendment to the Constitution of Pakistan, passed in 2010, is one of the most
significant constitutional changes in the country's history. Its main focus was to restore
parliamentary democracy, promote provincial autonomy, and strengthen key institutions.
2. Provincial Autonomy:
4. Judicial Reforms:
5. Political Stability:
Conclusion
• Provincial Autonomy:
o Abolition of the Concurrent List: This list of subjects that both the central
and provincial governments could legislate on was abolished, giving
provinces full control.
• Judicial Reforms:
• Political Stability:
Conclusion:
The 18th Amendment was a crucial reform in Pakistan’s constitutional history. It
strengthened democracy, enhanced provincial autonomy, ensured judicial independence,
and protected fundamental rights, leading to a more inclusive, accountable, and stable
political system.
18th Amendment, jo 2010 mein pass hui, Pakistan ke constitution mein bohot zaroori
tabdeeliyaan laayi. Is amendment ka maqsad parliamentary democracy ko restore karna,
provincial autonomy ko barhana aur kuch important institutions ko mazboot karna tha.
o President ki powers ko kam kar diya gaya, khas taur pe usko National
Assembly dissolve karne ka haq nahi diya gaya.
o Prime Minister ki role ko mazboot kiya gaya, aur wo ab chief executive ban
gaya.
2. Provincial Autonomy:
o Provinces ko zyada powers mil gayi, jaise education, health aur local
governance.
o "Concurrent List" ko khatam kar diya gaya, jisme dono central aur
provincial governments ka haq tha.
4. Judicial Reforms:
o Judicial Commission ko judge appoint karne mein zyada role diya gaya.
1. Democratic Governance:
2. Provincial Autonomy:
o Minorities ki rights ko protect kiya gaya, aur gareebi aur inequality ko door
karne ka kaam shuru hua.
5. Political Stability:
• Debates and Discussions: The assembly debated and discussed different parts of
the constitution, sometimes with different political parties having conflicting
views.
• Making Changes: Over time, the constitution has been amended multiple times
to address new political, social, and economic issues. For example, changes to the
electoral system or fundamental rights.
5. Judicial Interpretation:
• Court's Role: If there’s any disagreement about the meaning of the constitution or
if a law contradicts the constitution, courts in Pakistan (especially the Supreme
Court) interpret the constitution. They can declare laws or actions that go against
the constitution as unconstitutional.
In Short:
The current constitution of Pakistan is the 1973 Constitution, which was adopted after
the 1956 constitution was replaced. It remains Pakistan's fundamental law, although it has
been amended several times.
• Role of Experts: Legal experts, politicians, and scholars are consulted to ensure
that the constitution reflects the country's values, history, and the needs of its
citizens.
• Final Approval: After extensive debate and revisions, the final version of the
constitution is put to a vote. Once the majority of the assembly members approve
the draft, it becomes law. In Pakistan, the Constitution of 1973 was approved
after several years of discussions and amendments.
4. Implementation
• 1962 Constitution: After military rule under General Ayub Khan, a new
constitution was adopted in 1962, which shifted power towards the president.
However, this system was seen as undemocratic, and many people demanded a
return to a parliamentary system.
• Return to 1973 Constitution: In 1973, under Prime Minister Zulfikar Ali Bhutto,
Pakistan adopted the Constitution of 1973, which established a parliamentary
system and provided a balance of power between the president and prime minister.
This is the constitution that still governs Pakistan today, though it has been
amended several times.
• Continuous Revisions: Over time, the constitution has been amended multiple
times to address political, economic, and social changes. These amendments are
made through a formal process of drafting, debate, and approval in the national
parliament.
Conclusion
The process of making a constitution involves careful planning, discussions, and debates,
and it is critical for the stability of a country. In Pakistan, this process has been marked
by delays, military interventions, and revisions, but the Constitution of 1973 remains the
foundation of the country’s legal and political framework. Amendments like the 18th
Amendment have strengthened Pakistan’s democracy, promoted provincial autonomy,
and improved governance.
o The assembly debates and discusses various issues, including the structure
of the government, the rights of citizens, and the division of powers.
4. Implementation:
o The Government of India Act 1935 was used temporarily as the legal
framework.
3. 1956 Constitution:
4. 1973 Constitution:
o The 18th Amendment in 2010 was one of the most significant, reducing
presidential powers and enhancing provincial autonomy.
6. Ongoing Revisions:
o The constitution has been amended several times since 1973, with changes
reflecting political shifts, judicial decisions, and demands for reforms.
Conclusion:
General Process:
1. Drafting (Tayyari):
o Jab approve ho jata hai, to constitution officially ratify ho jata hai aur law
ban jata hai.
3. Implementation (Amal):
o Constitution ko implement kiya jata hai aur uske hisaab se laws banaye jate
hain.
o Government apne new constitution ke tehat kaam karna shuru kar deti hai.
3. 1956 Constitution:
4. 1973 Constitution:
o Kaafi political instability ke baad 1973 mein constitution pass hua, jisme
parliamentary democracy establish hui.
o 2010 mein 18th Amendment aayi, jisme president ki powers kam ki gayi
aur provinces ko zyada autonomy mili.
o Constitution ko time ke saath kaafi dafa amend (tabdeel) kiya gaya hai.
Conclusion:
Pakistan mein constitution banane ka process time laga, aur political aur social issues ke
wajah se kai changes aaye. 1956 se le kar 1973 tak constitution evolve (badla) hota gaya,
aur important amendments jaise 18th Amendment ne Pakistan ki political system ko
behtar banaya.
1. Introduction
• Pakistan was created on August 14, 1947, but it did not have its own constitution
initially.
4. Key Milestones
o Proposed a federal structure but faced criticism for favoring West Pakistan.
o Suggested equal representation for both East and West Pakistan in the
legislature.
• To address East-West conflicts, all provinces of West Pakistan were merged into a
single unit called the One Unit Policy.
• This aimed to give equal status to East and West Pakistan but further fueled
tensions.
• Key Features:
o Pakistan became the Islamic Republic of Pakistan.
7. Conclusion
• The constitution-making process from 1949 to 1956 faced delays due to political,
cultural, and regional disputes.
• Despite the challenges, the 1956 Constitution marked a significant step toward
democratic governance and defining Pakistan’s identity.
The constitution-making process in Pakistan between 1949 and 1956 was a long and
challenging journey due to political, social, and religious differences. Below is a
simplified explanation:
• Delays in Drafting:
• Constitution of 1956:
o Established a parliamentary system with equal rights for East and West
Pakistan.
Challenges Faced:
Outcome:
• The 1956 Constitution laid the foundation for governance in Pakistan but was
abrogated in 1958 due to martial law.
Pakistan ka Constitution banane ka process kaafi lamba aur mushkil tha, kyunke political,
social, aur religious differences bohot zyada the. Neeche iska simplified version diya
gaya hai:
• Sovereignty Allah ke paas hai aur mulk Islamic principles par chalega.
2. Delays in Drafting:
• East Pakistan (Bengali) aur West Pakistan (Punjabi aur dusre) ke darmiyan
conflicts the.
• Governments bar-bar badal rahi thi, jis wajah se kaam slow hua.
• West Pakistan ke sab provinces ko ek administrative unit mein mila diya gaya.
• Maksad tha East aur West Pakistan ke darmiyan power ka balance banana.
6. Constitution of 1956:
• Parliamentary system introduce hua, jahan East aur West Pakistan ko equal rights
mile.
Challenges Faced:
Outcome:
• 1956 Constitution ne governance ka framework diya, lekin 1958 mein martial law
lagne ki wajah se isse khatam kar diya gaya.
Why Important:
Ye process Pakistan ki identity, Islamic principles, aur governance system define karne
ke liye zaruri tha. Har mulk ke liye ek strong Constitution uski survival aur development
ke liye foundation hoti hai.
1. Introduction
• Pakistan, after its creation in 1947, faced challenges in developing its constitution
due to political, cultural, and regional issues.
• Over the years, Pakistan has adopted three constitutions: 1956, 1962, and 1973,
each reflecting the evolving political and social environment of the country.
• Proposed by Liaquat Ali Khan on March 12, 1949, in the Constituent Assembly.
• Key Points:
• Adopted on March 23, 1956, making Pakistan the Islamic Republic of Pakistan.
• Key Features:
• Challenges: Political instability and regional conflicts led to its abrogation in 1958
by General Ayub Khan, who imposed martial law.
• Key Features:
• Criticism: The constitution centralized power, alienated East Pakistan, and faced
opposition from political parties.
• Drafted under the leadership of Zulfikar Ali Bhutto and adopted on August 14,
1973.
• Key Features:
• The 1973 Constitution has been amended over the years to address political,
social, and economic changes:
4. Islamic vs. Secular Vision: Disputes over the role of religion in the constitution
delayed consensus.
5. Conclusion
1. Introduction
• It served as a framework for the future constitution of Pakistan and defined the
principles on which the country’s governance would be based.
• The resolution highlighted the Islamic ideology as the foundation of the state
while ensuring equal rights for minorities.
a. Sovereignty of Allah
• The state would exercise authority as a sacred trust under His guidance.
• Laws would be framed in line with Islamic teachings to ensure justice, equality,
and morality.
• Muslims were to be enabled to lead their lives according to the principles of Islam.
d. Protection of Minorities
• Safeguarded the rights of minorities, allowing them to freely practice their religion
and culture.
e. Social Justice and Equality
• Emphasized the need for social justice, equality, and the protection of fundamental
human rights.
f. Federation of Pakistan
a. Foundation of Constitution-Making
• The resolution became the guiding principle for drafting Pakistan’s 1956, 1962,
and 1973 constitutions.
• Its values and principles are embedded in the preamble of the 1973 Constitution.
• It laid the foundation for Pakistan as an Islamic state while ensuring inclusivity for
minorities.
d. Uniting Vision
• Provided a sense of direction to the nascent state and highlighted the vision of its
leaders for Pakistan’s future.
1. Ambiguity: Critics argue the resolution lacked clarity in defining the balance
between Islamic principles and democratic values.
2. Minority Concerns: While the resolution ensured minority rights, some feared
that emphasizing Islamic principles might marginalize non-Muslims.
3. Implementation Issues: Political instability and leadership changes delayed its
practical implementation.
5. Conclusion
1. Introduction
2. Key Features
a. Sovereignty of Allah
d. Protection of Minorities
f. Federation of Pakistan
3. Significance
b. Islamic Identity
1. Introduction
2. Key Features
a. Sovereignty of Allah
• Laws Islamic teachings ke mutabiq hone chahiye for justice aur morality.
d. Protection of Minorities
• Minorities ko apne religion aur culture freely practice karne ki ijazat di gayi.
e. Social Justice and Equality
• Fundamental human rights aur social justice par zor diya gaya.
f. Federation of Pakistan
3. Significance
b. Islamic Identity
• Pakistan ko ek Islamic state declare kiya jo minorities ke liye bhi inclusive ho.
a. Ambiguity
b. Minority Concerns
c. Implementation Issues
• Political instability ki wajah se iske effects implement hone mein delays hue.
5. Conclusion