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Under the presidential order in 1980, a court was constituted which was given constitutional status later on. federal shariat court has jurisdiction to introduce Islamic principles in a statute as contained in the injunctions of Islam. it can give its opinion to the gov’t concerned about an existing statute.
2. Relevant Provisions:
Article 203.
3. Composition:
The federal shariat court consists of eight Muslim judges includind the Chief justice. they are appointed by the president of Pakistan.
(a) Object:
The object of establishment of federal shariat court is to examine and decide questions of repugnancy of law to Islam as laid down in holy Quran and Sunnah.
4. Qualification:
Out of seven judges, four should be present or former judges of high court. three of the judges are to be expert on Islamic law. such a person shall be appointed as chief justice who has been either or judge of supreme court or is a permanent judge or high court or is qualified to be appointed as a judge of supreme court.
5. Tenure:
The chief justice and other judges shall be appointed for a period of three years.
(a) Extension of Period:
The president may extend the term of their office.
6. Acting judge:
The president may appoint any person to be the judge of shariat court in case of vacant position in the court.
7. Oath taking:
The judge shall take oath before the president.
8. Principal seat of the court:
The principal seat of the court shall be at Islamabad but court may sit in other cities.
9. Salary and facilities:
The chief justice, in case he is not a judge of the supreme court, shall be entitled to salary, allowances and privileges as admissible to the judge of supreme court. the other judges of federal shariat court shall be entitled to salary and privileges admissible to a high court judge.
10. Jurisdiction power and function of the shariat court:
I. Review of laws against Islam:
II. Revision on decisions of subordinate court:
The federal shariat court is authorized to review the judgments of criminal court under any lay relating to the enforcement of Hadood. the federal shariat is competent to suspend the sentence and can release the accused on bail.
III. Appellate jurisdiction:
IV. Suo-Motu jurisdiction:
The federal shariat court is empowered to examine any law under its sue-motu jurisdiction.
V.powers:
The federal shariat can exercise the following powers.
(i) Appearance of Person:
(ii) Production of Documents:
(iii) Framing of rules:
The federal shariat court can frame the rules for the conduct of its own proceeding.
(iv) Opinion of an expert:
(v) Contempt of Court:
(vi) Revise its own judgment:
12. Appeal to Supreme court:
Any party aggrived with decision of court, may prefer an appeal to the supreme court within 60 days of its decision.
13. Conclusion:
To conclude I can say that; the federal shariat court consist of eight Muslim judges. they are appointed by the president. the principal seat of the court is at Islamabad. The court has power to declare a law repugnant to Holy Quran and Sunnah. it can punish a person on charge of contempt. it shall have the powers of civil court for purpose of performance of its functions.
Islamic Ideology
The constitution of 1973 is regarded as an Islamic constitution because Islam is the state’s religion of the country and according to the constitution steps shall be taken to enable the Muslim to order their life in accordance with Islam.
2. Relevant Provisions:
Article 227-231.
3. Composition of the council of Islamic Ideology:
Islamic council has its Chairman and 8 to 20 members. of council.
(i) So far practicable various schools of thought are represented in the council.
(ii) Not less than two members are persons each of whom is, or has been a judge of the supreme court or the high court.
(iii) Not less than four of members are persons each of whom has been engaged, for a period not less than fifteen years in Islamic research or institutions and
(iv) At least one member is a woman.
4. Appointment of members:
Members of the council of Islamic ideology are appointed by the president of Islamic republic of Pakistan on the advice of prime minister.
5. Qualifications for members:
Members should have the following qualifications:
(i) Have Knowledge of the principles and philosophy of Islam.
(ii) Have knowledge of Islamic law and Fiqa.
(iii) Have knowledge of political problems of Pakistan.
(iv) Have knowledge of economic problems of Pakistan.
(v) Have knowledge of the legal and administrative problems of Pakistan.
6. Functions of council of Islamic ideology:
Functions of council of Islamic ideology are as under:
(a) Advisory Functions:
Council of Islamic ideology shall give advice to the president, parliament, or provincial assembly about the bills whether they are in accordance with or in consistent to the Islamic Principles.
(b) Research Functions:
Council of Islamic ideology makes research on different aspects of laws enforced in Pakistan.
(c) Reporting function:
Council of Islamic ideology prepares its reports on the recommendation and presents to the parliament.
(e) Explanatory function:
If there is any ambiguity the provisions of the constitution of Islamic republic of Pakistan on subject of religion, the council can explain it.
7. Modes of Proceeding:
(i) On the reference made by
(a) Parliament 9both houses)
(b) President
(c) Provincial assemblies.
(d) Governor
(ii) Suo motu
8. Scope:
The council of Islamic ideology has been assigned a special advisory role. its primary duty is to be bring all existing laws in conformity with the injuctions of Islam as laid down in Holy Quran and Sunnah.
9. Rules of Procedure:
The proceedings of Islamic council shall be regulated by the rules of procedure to be make by the council with the approval of the president.
10. Conclusion:
I conclude I can say that; Islamic ideology council consists of a chairman and other members who are appoint by the president for the term of 3 years. the main functions of Islamic ideology council shall be make recommendation to parliament as to ways and means of enabling the Muslims of Pakistan to order their lives in accordance with principles of Islam.
1. Common intrest
In order to divide government organizations and department among the provinces, the council of common interest has been set up under the present constitution. The council of common interest in an constitutional body which irons out differences, problems and irritants between the provinces interest and also between the provinces and the federation. it is an institution which provide constitutional justice to the provinces and federation.
2. Relevant Provisions:
Article 153 to 155.
3. Object f council of common interest:
It was held. the object of council of common interest is to strengthen and integrate federation and provinces, iron out their differences.
4. Organization:
The members of the council shall be provincial chief minister and an equal members from the federal government who are nominated by prime minister from time to time.
5. Appointment of Members:
The members of common interest is appointed by the president of Pakistan.
6. Chairman Of The Council Of Common Interest:
Prime Minister is the member of the council and its chairman. Otherwise President shall appoint federal minister.
7. Responsibility Of The Council:
Council of common interest shall be answerable to the parliament.
8. Function Of The Council:
(i) Policy Making:
Council of common interest formulates and regulates Policies in regulates to matters enumerated in part II of the Federal legislative list and with regard to electricity.
(ii) Decisions of Complaints:
Council of common interest decides complaints regarding water; when the provincial or federal government makes a law or passes an order regarding water or any natural resource affecting the interests of a province.
(iii) End of differences:
It is an important duty of council of common interest to bring into conformity and policies of all provinces and not any difference arise between the federal and provincial policies.
(iv) Supervisory of the institutions:
The council of common interest supervise the institutions such as railways mineral, oil, electricity natural Gas, development of industries and institution, establishment, bodies and corporation administrated or managed by the federal govt.
9. Mode of decision:
The decision of the council are expressed as the opinion of the majority.
10. Conclusion:
To conclude I can say that; council of common interest is an important constitutional body. its man object is to care the common interest of all the provinces. council of common interest is coordinating body between the provinces and the federation. it regulate policies in relation to matters in part 11 of the federal legislative list.
1. Fundamental rights
Fundamental rights are the basic rights of the citizens. in the constitution of 1973 the list of fundamental right has been given and it has also been clarified that any law repugnant to these fundamental rights will be considered null and void. every democratic state recognizes the fundamental rights of its citizens.
2. Relevant provisions
Articles 8-28
3. Objective resolution as part of the constitution:
The principles and provisions set out in the objectives resolution , objectives resolution are substantive part of the present constitution of Islamic republic of Pakistan. the scope of the constitutional law in Pakistan can only be determined by objective resolution. the objective resolution is called magna cart of the present constitution.
4. Fundamental Right in the constitution 1973:
Following are the important fundamental right in accordance with the constitution.
(i) Security of person:
(ii) Prohibition of slavery of forced labour are prohibited.
(iii) Protection against retrospective punishment:
(iv) Safeguards in case of arrest and detention:
(v) Protection against double punishment and self incrimination:
(vi) Freedom of movement:
(vii) Freedom of Association:
(viii) Freedom of Assembly:
(ix) Freedom of trade, business and profession:
(x) Freedom of Speech:
(xi) Freedom of Religion:
(xii) Safeguard against religious taxes:
(xiii) Inviolability of dignity of Man:
(xiv) Political freedom:
(xv) Safeguards as the educational institution in respect of Religion:
(xvi) Equality of citizen:
(xvii) Freedom to acquire property:
(xviii) Protection of property rights:
(xix) Right access to public places:
(xx) Right to job:
(xxi) Right of language and culture:
5. Nature of fundamental rights:
The fundamental rights are not absolute. although the fundamental rights are given by the constitution but it is does not mean uncontrolled liberty.
6. Can fundamental rights be suspended:
When state itself is in danger the fundamental right can be suspended because fundamental rights have no real meaning. if the state itself is in danger.
9. Conclusion:
To conclude i can say that fundamental rights are part and parcel of the the constitutional law. there can be no democratic constitution without it. in the constitution of 1973 fundamental rights have been given. the fundamental rights safeguard the liberty and rights of the people. the fundamental rights can not be suspended without applying constitutional methods.
Salient features
The constitution of 1973 of Pakistan was adopted on April 12, 1973. this constitution fully represent the ideology and democratic aspiration of the people of Pakistan and constitution is the supreme law of the land it is considered as an instrument by which a gov’t can be run. it replaces the basic laws of the state. it determines the traits of the federal and provincial gov’t is constitution is federal cum parliamentary in its characteristics.
2. Salient features of the constitution of 1973:
Following are the salient features of the constitution of 1973.
(i) Preamble:
Preamble means an introductory part of statue. it is not the part of the constitution. it is stated in it that sovereignty over entire universe belongs to Almighty Allah.
(ii) Federal from of Government:
The constitution of 1973 provide federal from of government consisting of four provinces of the central government of Pakistan.
(iii) Rigid constitution:
The constitution of 1973 is rigid because amendment procedure is not easy.
(iv) Bi-Cameral Legislature:
The federal legislature is bi-cameral consisting two houses. senate the upper house and national Assembly the lower house.
(v) Parliamentary from of Government:
(vi) Fundamental rights:
(vii) Direct Election:
(viii) Independence of Judiciary:
(ix) Rule of law:
(x) Official language:
(xi) Principles of Policy:
(xii) End of Exploitation:
(xii) Single citizenship:
(xiv) System of Check and Balance:
(xv)Written Constitution:
(xvi) Rights of minorities:
(xvii) Holding of Referendum:
The president of Pakistan is authorized to order for holding a referendum on any issue of national importance.
(xviii) Provincial autonomy:
The provinces of Pakistan enjoy full freedom under 1973 constitution. a province may initiate legislation on any common subject.
(xix) State Religion:
(xx) Islamic constitution:
(xxi) High Treason:
The abrogation of the constitution through unconstitutional means is a high treason. it can not be abrogated by the use of force.
(xxii) Equal rights of Women:
3. Conclusion:
To conclude, i can say that the constitution of Islamic republic of Pakistan 1973 is democratic, parliamentary with bicameral legislature. it is the constitution of Elected people. all major political parties of Pakistan unanimously accepted it.
principle policy
1. Introduction:
The principles of policies imply the future line of action of the country. the principles of policy themselves are not rules of law. it is usual in the constitution to instrument set out the aims and objective of the state.
2. Relevant Provision:
Article 31 to 41 of the constitution of Pakistan.
3. What is principles of policy:
According to Dr. K.C Wheer the principles of policy are the manifesto of national objectives and they can not be challenged in any court of law.
4. Importance of principles of policy:
The principles of policy have great importance because it provide guidance to coming generation.
5. Nature:
The principles of policies are always flexible and they are not of permanent nature.
6. Basis of principles of policies
The principles of policy ore based partly on Islamic principles and partly on western philosophy.
7. Principles of policies in the constitution of 1973:
Following are the principles of policies in the constitution of 1973.
(I) Islamic way of of life:
(II) Promotion of local Government institutions:
(III) Participation of woman in national affairs:
(IV) Protection of family ETC.
(V) Parochial and other similar prejudices to be discouraged:
Statue shall discourage parochial, racial, tribal, sectarian and pre-judices among the citizen.
(VI) Protection of minorities:
(VII) Promotion of social justice and eradication of social evils:
(a) Promotion of Backward Areas:
(b) Free Education:
(c) Professional Education:
(d) Speedy Justice:
(e) Better conditions of work;
(f) Participation of people in National Activities:
State shall enable the people through education, training, agricultural and industrial development, to participate full in all forms of national activities, including employment.
(g) End of social evils:
(h) Prevention of Alcoholic Liquor:
(i) Decentralisation of Government Administration:
State shall decentralize the government administration to meet convenience and requirements of public.
(VIII) Promotion of social and economic well being of the people:
State shall secure the well being of the people, by raising their standard of living, by preventing the concentration of wealth and means of production and distribution in the hands of few, and by ensuring equitable adjustment of rights between employers and employees, and landlords and tenants.
State shall also provide the following.
(IX) Participation of people in armed forces:
State shall enable people from all the parts of Pakistan to participate in armed forces of Pakistan.
(X) Foreign relation:
(XI) International peace:
(XII) Strengthening bonds with Muslim world:
9. Conclusion:
To conclude i can say that the principles of policies provide guidance to the state. the principles policy included Islamic way of life, promotion of local government, full participation of women in national life, protection of minorities, promotion of social and economic will being of the people and strengthening the bonds with the Muslims world.
1. Introduction:
The president may proclaim state of emergency and make regulations accordingly. emergency may arise all over the country or in a province or in a part of it. the president is authorized to declare state of emergency for whole of the country or any part of the country.
2. Relevant article provisions:
Article 232 to 237 constitution of Pakistan.
3. Power to proclaim the emergency:
A proclamation of emergency is issued by the president. the president is the sole judge of the situation and it is he who has to decide whether or not the proclamation would issue.
4. Kinds of Emergency:
(i) Emergency due to war, external or internal disturbance.
(ii) Emergency due to the break down of constitution machinery.
(iii) Financial emergency.
(i) Emergency due to war, External or internal disturbance:-
When there exists a grave emergency due to which the security of Pakistan or any part there of is threatened by war or external aggression by internal disturbance beyond the power of provincial gov;t to control. the president can declare the state of emergency.
Suspension of fundamental Rights:
During the emergency the fundamental rights can be suspended and the president is empowered to declare that the right to move any court for the enforcement of such suspended rights shall remain suspended for the period during which proclamation is enforced.
(ii) Emergency due to the Breakdown of constitutional Machinery:-
In case the president is satisfied with the report of the Governor concerned that a situation has arisen in which the gov’t of the province can not be carried on in accordance with the provisions of the constitution. He can proclaim an emergency.
(a) Effect:
Federal executive or federal legislature shall take over functions of provincial executive and legislature.
(b) Duration of Emergency:
The duration of emergency is for the period of sixth months.
(c) Extension in period:
the president may extent the period of emergency for two months.
(d) Law to cease after sixth months:
Laws made by the federal executive and federal legislature shall cease after sixth months of proclamation of emergency.
(iii) Financial Emergency:
In case the president is satisfied that a situation has arisen whereby the economic life, financial stability of credit of Pakistan, or any part there of, is threatened, the may after consulation with the Governor of the provinces or the case may be, the governor of the provinces concerned by proclamation a declaration to the effect, and while such proclamation is in force, the executive authority of the federation shall extend to the giving direction to any province to observe such principles of financial property as may be specified in the direction as to the giving of such other directions as the president deems necessary in the interest of economic life, financial stability of credit of Pakistan or any part there of.
5. Revocation of Proclamation:
The proclamation declared by the president may be varied or revolved by a subsequent proclamation.
6. Safeguard to proclamation:
The validity of any proclamation issued or order made under this part shall not be called in question in any court.
7. Parliament may make laws of indemnity:
Parliament may, however pass a law indemnifying any person in service of the federal or provincial Govt, for any act done in connection with the maintenance or restoration of order in any part in Pakistan.
8. Conclusion:
To conclude I can say that the emergency provisions would come into operation in the case of war, internal, external disturbance, failure of constitutional machinery in a province and financial and economic instability. the president of Pakistan is empowered to declare the state of emergency. he can also revoke or vary the emergency.