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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.
1. Introduction:
Supreme judicial council is a unique institution. it makes enquires against the judges of high court and also the judges of supreme court of Islamic republic of Pakistan. A judge of high court or the supreme court can be removed on the report of supreme judicial council.
2. Relevant Provisions:
Article 209 to 211.
3. Scope:
The judges of supreme courts are accountably in accordance with the article 209 of the constitution of Pakistan. an individual has not right to move against a judge in the supreme judicial council.
4. Matters which can be enquired by the supreme judicial council:
Supreme judicial council can enquire the matters as under.
(i) The incapacity of a judge to perform the duties of his office properly arising out physical or mentally.
(ii) Misconduct of the judge.
5. Nature of proceeding before supreme judicial council:
The proceeding against a judge of the high court or the supreme court neither criminal nor civil. it is merely an administrative nature proceeding.
6. Modes of proceeding:
Supreme judicial court can take or initate proceeding:
(i) By it self.
(ii) By the reference of the president of Pakistan.
7. Organization of supreme judicial council:
Supreme judicial council consists of the chief justice of Pakistan, the two next most senior judges of the supreme court and the two most senior judges of high court.
8. Powers and functions of supreme judicial council:
(i) Making of enquiry:
The primary function of the supreme judicial council is to make enquiry into the conduct of a judge of the supreme court of high court. if, on the basis of information received from the council or from any other source, the president is of the opinion that a judge of the supreme court or high court.
(a) May be incapable of properly performing his duties due to physical or mental incapacity.
(b) May have the guilty of misconduct.
the president shall direct the council to inquire into the matter. supreme judicial council will undertake such an enquiry and submit a report on the matter, by majority of its members, declaring that the judge is incapable of performing his duties or has been guilty of misconduct, the president may remove the judge from his office.
(ii) Power to enforce attendance of person:
It is also the function of the council and its power of issuing directions or orders for securing the attendance of any person or for discovery or production of documents. the orders issued by the council in this connection are enforceable as though they had been issued by the supreme court.
(iii) Code of conduct:
Supreme judicial council provide a code of conduct for the judges of the supreme court and high court.
(iv) Contempt of court:
The law of contempt of court is also applicable to the council.
9. Bar of Jurisdiction:
The actions taken or reports made by the council shall not be questioned in any court of law.
10. Conclusion:
To conclude I can say that supreme judicial council is an important constitutional institution. the president of Pakistan can only remove a judge only if the supreme judicial council so recommends.
1. Introduction:
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.
Case law PLD 2001, SC, 8
It was held that no law repugnant to the holy Quran and sunnah can be enacted and all existing laws to have to be brought in conformity with the injunctions of Islam.
(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. Introduction:
constitution of Pakistan rigid one because it can not be easily amended. there is is rigid and difficult procedure to amend the constitution and constitution has been made inflexible. Article 238 empowers the parliament to make amendment and 239 provides the procedure for the amendment. Parliament has not unlimited powers to make amendments in the constitution only constitution provides this right to parliament.
2. Relevant Provisions:
Art 238 and 239.
3. Institution which can make amendment in the constitution:
Majlis-e-Shoora (Parliament is empowered to amend the constitution of Islamic republic of Pakistan. A bill for amendment must be passed by two thirds of the total membership of the assembly and then senate should pass this bill by a majority of the total membership. the constitution of Islamic republic of Pakistan confers power on parliament to amend the constitution.
4. Object:
The object of introducing provisions for amendment of the constitution is to bring it in line with changing conditions and new demands and needs of times.
5. Procedure of amendment in the constitution:
(i) Where bill to amend is originated:
A bill amend the constitution may originate in either house of the parliament.
(ii) If the bill is passed by two-third majority:
In the bill has been passed by the votes of not less than two-thirds of the total membership of house it shall be transmitted to other house.
(iii) Bill in other house:
If the bill is passed with amendment by the votes of not less than two thirds of the total membership of the house than it shall be transmitted to the house in which it was originated and the bill will be passed by two thirds of its total membership.
(iv) Assent of the President:
If the bill is passed by the house it shall be presented to president for his assent.
(v) Procedure to alter the limit of Province:
A bill to amend the constitution which would have the effect of altering the limits of a province shall not be presented to the president unless it has been passed by the provincial assembly of that province by the votes of not less than two third of its total membership.
6. Limitation:
The power of parliament to amend the constitution does not extend to alter repeal or replace the constitution. any amendment to change the basic structure. framework and essential features is not permissible under the constitution.
7. Duties of the court in regard amendments:
The court can not declare any provision of the constitution to be invalid or repugnant on the grounds that it goes beyond the mandate given to the assembly or it does not fulfil the aspirations of the people. the courts are duty bounds to enforce and interept the law in accordance with the amendment.
8. Safe guard to the amendments of the constitution:
No amendment of the constitution shall be called in question in any court on any ground what soever.
9. Conclusion:
To conclude I can say that; the constitution of 1973 is not flexible. the procedure of amendment is not easy. parliament which consists of the national assembly and the senate can make amendment in the constitution by the two third majority of its total membership.
1. Silent feature
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:
Parliamentary from of government has been provided for the government in the constitution.
(vi) Fundamental rights:
The constitution guarantees fundamental rights. the fundamental right cannot be suspended without applying constitutional methods such can be enforced by the courts.
(vii) Direct Election:
Method of Direct election has been adopted in the constitution of 1973. the election of national Assembly and provincial Assemblies shall be held directly.
(viii) Independence of Judiciary:
An independence Judiciary has been provided in the constitution of 1973. Judiciary safeguards the fundamental rights of the people of Pakistan.
(ix) Rule of law:
Every citizen shall have the protection of law and shall not treated otherwise than in accordance with law.
(x) Official language:
In accordance with article 251 of the present constitution Urdu has been declared as national language of Pakistan but the official language is English.
(xi) Principles of Policy:
Another democratic feature of 1973 constitution is embodiment of Directive principles of policy of the state. the principles of policy provide guidance to the state.
(xii) End of Exploitation:
Exploitation of any kind has been abrogated in the constitution of 1973.
(xii) Single citizenship:
The constitution of 1973 provides single citizenship.
(xiv) System of Check and Balance:
The constitution of 1973 provides system of check and balance in the country.
(xv)Written Constitution:
The constitution of Pakistan 1973 is in written from and contained 280 clause and six schedules.
(xvi) Rights of minorities:
Rights of minorities have been protected in the constitution of 1973.
(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:
The constitution of 1973 declares that Islam would be state religion.
(xx) Islamic constitution:
The constitution of Pakistan 1973 is regarded as an Islamic constitution no law repugnant to Islam shall be enacted.
(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:
The constitution of 1973 has given equal to 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.
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:
State shall take steps to enable the Muslims of Pakistan to adopt Islamic way of life individually and collectively.
(II) Promotion of local Government institutions:
State shall encourage and promote the local government organization and institution and shall give representation to peasants, workers and woman.
(III) Participation of woman in national affairs:
State shall take steps to ensure full participation of women in national life. women will be encouraged to take part in all the fields of life.
(IV) Protection of family ETC.
State shall protect the family system in the country.
(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:
Right of minorities shall be protected by the state.
(VII) Promotion of social justice and eradication of social evils:
(a) Promotion of Backward Areas:
State shall promote with special cure the educational and economic interests of backward classes and areas.
(b) Free Education:
State shall remove illiteracy and provide free and compulsory education within the minimum possible period.
(c) Professional Education:
State shall make technical and professional education generally available and higher education generally accessible to all.
(d) Speedy Justice:
State shall ensure inexpensive and expeditious justice.
(e) Better conditions of work;
State shall make provisions for securing just and human conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment.
(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:
State shall prevent prostitution, gambling and taking of injurious drugs, printing, publication, circulation and display of obscene literature and advertisements.
(h) Prevention of Alcoholic Liquor:
State shall prevent the consumption of Alcoholic Liquor otherwise than for medical and in the case of Muslims, religious purpose.
(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.
(a) Facilities for work:
State shall provide for all citizens, within the available resources, facilities for work with reasonable rest and leisure.
(b) Social Insurance:
State shall provide for all persons, employed in the service, compulsory social insurance.
(c) Basic necessities of Life:
State shall provide basic necessities of life, such as food, clothing, housing education, and medical relief for all the citizens.
(d) Reduce disparity in the income:
State shall reduce disparity in the income and earning of individuals.
(e) End of usuary:
State shall discourage usuary system in the country and eliminate it as early as possible.
(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:
State shall make strong relations with other countries of the world.
(XI) International peace:
State shall play its role in keeping international peace.
(XII) Strengthening bonds with Muslim world:
State shall strengthen bonds with Muslim world and develop friendly relations.