Scribd
Upload
8 views3 pages

Pakistan Con Law

The Constitution of Pakistan, established in 1973, is the supreme law that outlines the framework of government and guarantees fundamental rights while declaring Pakistan an Islamic Republic. It features a federal structure, a parliamentary system, and provisions for an independent judiciary, with significant amendments made over the years to enhance democratic governance. Key articles address fundamental rights, Islamic provisions, and the consequences of high treason, with historical context provided by previous constitutions and landmark court cases.

Uploaded by

singomillionaire
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
8 views3 pages

Pakistan Con Law

The Constitution of Pakistan, established in 1973, is the supreme law that outlines the framework of government and guarantees fundamental rights while declaring Pakistan an Islamic Republic. It features a federal structure, a parliamentary system, and provisions for an independent judiciary, with significant amendments made over the years to enhance democratic governance. Key articles address fundamental rights, Islamic provisions, and the consequences of high treason, with historical context provided by previous constitutions and landmark court cases.

Uploaded by

singomillionaire
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 3

Great!

Here's a compact but clear set of notes on Constitutional Law of Pakistan, perfect
for students, law exam prep, or general understanding.

🇵🇰 Constitutional Law of Pakistan –


Summary Notes

1. Introduction
 The Constitution of the Islamic Republic of Pakistan, 1973 is the supreme law.
 It establishes the framework of state organs: Executive, Legislature, and Judiciary.
 It declares Pakistan an Islamic Republic and ensures Fundamental Rights.

2. Historical Background
 1956 Constitution: First Constitution, declared Pakistan an Islamic Republic.
 1962 Constitution: Presidential form, limited Islamic features.
 1973 Constitution: Parliamentary democracy, still in force (with amendments).

3. Salient Features of 1973 Constitution


 Federal structure: Power divided between federation and provinces.
 Parliamentary system: President = ceremonial; PM = executive head.
 Islamic provisions: Islam as state religion, laws must conform to Shariah.
 Fundamental Rights: Life, liberty, equality, speech, religion.
 Independent Judiciary
 Bicameral Legislature: National Assembly + Senate
 Directive Principles of Policy

4. Fundamental Rights (Articles 8–28)


 Article 9: Right to life and liberty
 Article 10: Safeguards from arrest and detention
 Article 14: Dignity of man
 Article 19: Freedom of speech
 Article 20: Freedom of religion
 Article 25: Equality of citizens
 Courts can enforce these via Article 199 (High Court) and Article 184(3) (Supreme
Court).

5. Islamic Provisions
 Article 2: Islam is the State religion.
 Article 31: Islamic way of life to be promoted.
 Council of Islamic Ideology (Article 228): Recommends Islamic conformity of laws.
 No law can be enacted that is repugnant to the injunctions of Islam (Article 227).

6. Organs of Government
Legislature (Articles 50–89)

 Bicameral Parliament:
o National Assembly: Direct elections
o Senate: Indirect elections
 Powers: Pass laws, budget, amend Constitution (Art. 239)

Executive (Articles 90–100)

 President (ceremonial head, Art. 41–49)


 Prime Minister & Cabinet (real power)
 Governor (at provincial level)

Judiciary (Articles 175–212)

 Independent & separate from Executive


 Supreme Court, High Courts, Shariat Court, District Courts
 Judicial Review: Can strike down unconstitutional laws

7. Constitutional Amendments
 Done via Article 239
 Require 2/3 majority in both Houses
 Famous amendments:
o 8th Amendment (1985): Validated martial law
o 13th Amendment: Removed Article 58(2)(b) (Presidential power to dissolve
NA)
o 18th Amendment (2010): Major democratic reforms, provincial autonomy
8. Emergency Provisions (Articles 232–237)
 Federal Government can declare:
o War Emergency
o Internal Disturbance Emergency
o Can suspend Fundamental Rights
 Military regimes (1958, 1977, 1999) often relied on extra-constitutional means, but
courts gave validation through “Doctrine of Necessity” (now rejected).

9. Key Constitutional Cases


 Asma Jillani v. Govt of Punjab (PLD 1972 SC 139)
Martial Law declared illegal; rejected “Doctrine of Necessity.”
 Zafar Ali Shah v. Pervez Musharraf (PLD 2000 SC 869)
Validated 1999 military coup using “State Necessity.”
 Sindh High Court Bar Assoc. v. Federation (PLD 2009 SC 879)
Declared 2007 emergency and PCO unconstitutional.

10. Article 6 – High Treason


 Any person who abrogates or subverts the Constitution commits High Treason.
 Includes aiding, conspiring, or facilitating such acts.
 Punishable by death or life imprisonment.

Let me know if you want a more detailed topic, like:

 Fundamental Rights in depth


 Judiciary under 1973 Constitution
 Islamic provisions with examples
 Doctrine of Necessity (case analysis)
 How 18th Amendment changed Pakistan

I can also turn this into a one-pager PDF or give MCQs/essay Q&As if you want.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy