One of the main features of the constitution was its islamic character. President would set up an organization for islamic research. Pakistan is an ideological state because it was achieved in the name of islam. The constitution of 1962 was the fundamental law of islamic republic of pakistan from june 1962 until martial law was declared in march 1969. The islamic republic of pakistan covers nearly 804,000 square kilometres of the former indus valley. No law may be enacted that contradicts the established provisions of islam b.
Constitution of 1956 the islamic provisions of the constitution. The constitution of 1956 included the following islamic provisions. Constitutional history of pakistan pak affairs notes for css. The constitution of 1956 enshrines and represents an epitome of political compro mise on islamic provisions. Pakistan islamic provisions of the 1962 constitution. Power to rule the state in sacred trust entrusted to the people of pakistan by allah almighty.
The islamic provisions were contained in the directive principles of the state policy. Islamic provisions were made part of the directive principles of state policy. Since then, a number of amendments have been made therein and it has become necessary and expedient that an uptodate and authentic version of the constitution be published by the assembly. The constitution of the islamic republic of pakistan, also known as the 1973 constitution, is the supreme law of pakistan. Introduction to islamic provision in constitution of 1956. It was then named as to be islamic commission which was to be established within one year of promulgation of the constitution. Constitutional history of pakistan constitutionnet.
Today, it shares borders with iran and afghanistan on the west, china on the north, the arabian sea on the south, and india on the east. The council of islamic ideology was initially proposed in the first constitution of pakistan 1956. Many islamic provisions was introduced in constitution of 1956 and decided that no law will be made which against the injunction of islam. No law should be declared against the quran and sunnah. Rights of minorities were provided in the constitution of pakistan 1956. The constituent assembly adopted it on 29 february 1956, and it was enforced on 23 march 1956, proclaiming pakistan to be an islamic republic. General principles article 1 the kingdom of saudi arabia is a sovereign arab islamic state. Under the other provisions of article 203d of the constitution any law or provision of law declared by the federal shariat court to be repugnant, to the injunctions of islam is, to the extent of such repugnancy, to cease to have effect on a date fixed by the court for the purpose. The constitution of 1962 provided for the establishment of islamic ideology council. There were three constitutions beginning by 1956 constitution, then 1962 constitution and then the last was 1973 constitution.
Constitution constitution of pakistan forms of constitution salient features of constitutions comparison of constitution islamic provisions of 1973 constitution conclusion outline 3. Download pdf right click and save as target or continue reading online. A bill to amend the constitution shall need a twothirds majority in the lower house and a majority in the upper house. Comparative tables of the articles of the constitution of pakistan, 1973, 1962 and 1956, the constitution of india 1950 and the government of india act, 1935.
The objectives resolution was incorporated in the preamble of the constitution. A number of amendments have been made and it has become necessary and expedient that an uptodate and authentic version of the. So indeed read the first article of the constitution of 1956, but the ayubian constitution of 1962 omitted reference both to a federation of pakistan and to the nations status as an islamic state this was partly remedied by an early amendment adding the description islamic. The leading members of the government and a large number of nonmuslim. Act, 1956, as in force immediately before the commencing day shall apply.
Power to rule the state is a sacred trust entrusted to the people of pakistan by allah almighty. The national assembly of pakistan passed the constitution on 10th april, 1973, the president of the assembly authenticated on 12th april and the assembly published the constitution of the islamic republic of pakistan. The 1956 constitution like the 1973 constitution had a repugnancy clause i. The constitution of 1956 consisted of 234 articles, which were divided into parts and 6 schedules. The constitution is intended to guide pakistans law, its. Characteristics of the constitution of 1956 introduction articles 234 schedules 6 parts enforced on. The final arbiter of this was the legislature as it seemingly was under the original 1973 constitution which after the zia regime introduced the federal shariat court to sit in judgment over the legislatures. Provisions of chapter to override other provisions of constitution. The objective resolution was included in the preamble of the constitution, which acknowledged sovereignty of god on the universe. The constitution of 1956 consisted of 234 articles, divided into parts and 6 schedules. Pakistan was declared as an islamic republic and it was made mandatory that only a muslim could become the president of the country. The basis of legislation and outlines of the constitution g.
Objective resolution salient features of the objective resolution importance q. Thr first constitution was introduced in pakistan on 23 march 1956. Islamic provisions the preamble of the constitution of 1962 was based on the objectives resolution. Islamic provisions in the constitution administrator. Pakistan shall be known as islamic republic of pakistan.
The constitution of 1956 was the fundamental law of pakistan from march 1956 until the 1958 pakistani coup detat. Jakistan shall be a federal republic to be known as the islamic re. Article 2 official religion first status of religious law islam is the official religion of the state and is a foundation source of legislation. It also attempts to propagate and implement the basic teachings of islam. It was the first constitution adopted by independent pakistan. Write down the islamic provisions of constitution of 1956.
According to these principles the state was to endeavor. Initiative was made that muslims of pakistan should implement the teaching of quran and sunnah in their lives. Article 25 of pakistans 1956 constitution required the state to enforce only laws consistent with sharia, 41 but article 23 explicitly declared that courts had no right to interpret or enforce this provision. Constitutional comparison and analysis of discrimination. While pakistan is ethnically diverse, it is overwhelmingly muslim, which has led to tensions with india over the former britishindian. Pak studies chapter 5 long questions 2nd year notes. The present sixth edition of the constitution is distinctive as it.
Since then, a number of amendments have been made therein and it has become necessary and expedient that an uptodate and authentic version of the constitution. The islamic provisionsthe islamic provisions pakistan was defined as an islamicpakistan was defined as an islamic republic, wherein the principles ofrepublic, wherein the principles of freedom,equality,tolerance,and social justicefreedom,equality,tolerance,and social justice as enunciated by islam, should be fullyas enunciated. For the first time the state was proclaimed an islamic republic and it was given the name. The preamble said that the sovereign authority of the universe belongs to almighty allah. Constitution of pakistan 1956 preamble 2nd march, 1956 in the name of allah, the beneficent, the merciful whereas sovereignty over the entire universe belongs to allah almighty alone, and the authority to be exercised by the people of pakistan within the limits prescribed by him is a sacred trust. Elaborate provisions were made for the higher judiciary to ensure its. Provisions edit the constitution of 1956 was lengthy and detailed. The committee, which was assigned the task to frame the constitution, presented the draft bill in the constituent assembly of pakistan on january 9, 1956.
Drafted by the government of zulfiqar ali bhutto, with additional assistance from the countrys opposition parties, it was approved by the parliament on 10 april and ratified on 14 august 1973. You would recall that on 23 rd march 1940 the lahore resolution was presented for approval in the annual session of ml held at lahore. To provide facilities to the muslims to enable them to spend. Pakistan islamic provisions of the 1956 constitution. Islamic provisions of 1973 constitution the following are the islamic provisions of 1973 constitution based on the principles of holy quran and sunnah.
It was abrogated in the same year by president yahya khan. Following were the chief characteristics of the constitution. So, in part, reads the first article of the constitution of 1973. This constitution of 1956 was abrogated on 7th of october, 1958 and martial law was imposed. The present constitution 1973 provides for the protection and preservation of islamic concept of life. Right of individuals to be dealt with in accordance with law, etc. Islamic provisions of 1956 constitution of pakistan introduction to islamic provision in constitution of 1956 pakistan is an ideological state because it was achieved in the name of islam. Saudi arabias constitution of 1992 with amendments.
But the need of a constitution to be framed by the elected representatives of the people was all the more necessary for the free citizens of a sovereign state. After its establishment, efforts for making pakistan to be an islamic republic took momentum and due to the opposition of western educated intellectual elites, this issue also clipped the growth of an accepted and viable islamic constitution. Discuss important provisions of objective resolution 1949. Briefly evaluate the islamic provisions of the constitution of 1956 ask for details. The special position of islam as the state religion shall be emphasized and both the prime minister and president are required to be muslims. The following are the islamic provisions of 1973 constitution based on the principles of. Islamic provisions of 1956 constitution of pakistan. Islamic provisions in 1956 islam is the root of pakistan and the president should be muslim. Fundamental rights were given to the people of pakistan according to constitution of 1956. After assuming charge as prime minister, chaudhary muhammad ali and his team worked hard to formulate a constitution. The constitution laid down simply that the state of pakistan shall be a republic under the name of republic of pakistan. It was rendered infructuous on 5 august 2019 by an order signed by the president of india and ceased to be.
The islamic provisionsthe islamic provisions pakistan was defined as an islamicpakistan was defined as an islamic republic, wherein the principles ofrepublic, wherein the principles of freedom,equality,tolerance,and social justicefreedom,equality,tolerance,and social justice as enunciated by islam, should be fullyas enunciated by islam, should be fully. The state was named the republic of pakistan in the original text of the constitution. Pakistan was declared as an islamic republic and it was made mandatory that. The constitution was adopted on 17 november 1956, and came into effect on 26 january 1957. The government of india act, 1935, hitherto the constitution of british india. The constitution of jammu and kashmir was the legal document which established the framework for the state government of the indian state of jammu and kashmir.
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