ACKNOWLDEDGEMENT

All praises to ALLAH who is most merciful and beneficent, who has given me enough skills to
fulfill all the requirements for this thesis. I am very grateful to ALLAH Almighty.

This project has given me a lot of self-confidence and self-courage, given me chance to polish
my skills, to test my skills. I am very thankful to sir Hassan Sattar . who has given me proper
guidance for this project .

I owe my parents prayers, which has become the source of success for me in every task. I
especially thankful to my friends who give me enough support for this project. I would like to
give a bundle of thanks to my friends and family.
DEDICATION

This thesis is dedicated to ALLAH who is alone King of this universe, He has given me enough
strength and healthy mind for completing this research project. I am very thankful to my Lord. I
would like to dedicate this project to my beloved parents who support me in every thick and thin.
DECLARATION

The thesis entitled Constitutional and Political issues in Pakistan by the student of final semester
of LL.B(Hons) named as Zabiullah Shahid S\O Muhammad Shahid Roll no:17161624067 is
concluded under supervision of Sir Hassan Sattar who is instructor of Research Project at School
of Law, University of Gujrat.

This project has not been accepted by any other institution for any other degree or diploma. The
information which is reported in this thesis is the result of my own efforts.

Zabiullah Shahid

17161624-067
Abstract

The research was carried out in the School of Law at the University of Gujrat with the intention
of gaining an introduction to the constitutional and political challenges that are present in
Pakistan. For the sake of India’s Muslim population, a distinct and independent nation known as
Pakistan was established on the map of the globe. As a result, Muslim communities have been
able to coexist peacefully. Pakistan was a glimmer of hope for Muslims, a distinct nation for
Muslims to call their own, where they might experience freedom and live in accordance with
their traditions and principles. Pakistan is often regarded as an ideal state for Muslims, since it
allows them complete religious freedom. That was the primary goal of establishing Pakistan, and
on August 14, 1947, Muslims finally succeeded in establishing Pakistan as a distinct country
despite the many challenges they faced. The results of all their labor were now visible. But as
time went on, all of the rays of light began to dim, and when Pakistan was confronted with a
great deal of difficulty geographically splits, shortage of foods, lawfulness, confusions, etc. the
clearest result of the chaos was that Pakistan was unsuccessful in the process of framing a
constitution. Every state absolutely has to have its own constitution.
Chapter 1
Introduction to project

1.1 Introduction
1.2
If we go back over history, particularly the last half-worth century’s of political and
constitutional history, we can see that Pakistan’s rulers have not learned a thing from their
mistakes in the past. Each successive administration in Pakistan has continued to make the same
errors from the country’s history. The many administrations that have served Pakistan throughout
the years have all followed the same policy. They have caused the nation to descend further into
a state of anarchy and instability. The fact that Pakistan is home to a diversified society is
something that must be recognised. Everyone who lives in Pakistan comes from a distinct
background, whether it be racial, cultural, religious, or linguistic, yet they all coexist peacefully.
Because each of them has their unique requirements, the judicial system has to be able to react in
a way that is both understandable and straightforward. Muslims make up almost all of Pakistan’s
population, which totals 98 percent. In order to address the concerns, the Constitution contains
provisions such as Article 4, which outlines the requirements for legal due process, and Article
20, which guarantees the right to freedom of religion.

• Equal protection under the law, as outlined in Article 25

• Article 27: guarantee against discrimination

• Protection of language and script is outlined in Article 28.

Of addition, other constitutional provisions in Pakistan need to be implemented in a way that
makes them a living, breathing part of society. It is a fundamental principle that issues pertaining
to politics must be resolved through political means. If these issues were resolved through the
use of force, the unintended consequences would be the dissolution of Pakistan. 1938 was the
year when the MRD movement in Sindh made its indelible stamp on the province’s political
landscape. Between 1973 and 1977, military activities in Baluchistan drove a major portion of
the Baloch people farther away from their political leader. Few efforts, all of which have been
unsuccessful, have been attempted to resolve the political concerns in Karachi and in some of the
other major centres in Sindh by using administrative and military measures. They now face the
prospect of chaos as well as a significant drop in the country’s economy. The people of Karachi
will have their wishes granted if they take the active role in governance that is rightfully theirs at
all three levels: federal, provincial, and municipal. The consistent use of force by military
personnel has not resolved anything but instead brought up constitutional issues. The decline in
the strength of the country’s constitutional and political institutions may be directly attributed to
the rule of the military. Minorities in Pakistan have traditionally had the perception that they are
isolated from the rest of the population and that they live in an unsafe environment. They also
believe that their needs and rights are not adequately met in Pakistan. It was impossible for
political parties to establish themselves along structured lines. There has been a failure on the
part of the legislative to carry out their responsibilities.

1.3 Research Problem Statement

1.4
Analyze the challenges or disagreements that are associated with the constitutional frameworks
and decision-making processes of Pakistan from the perspective of the historical point of view.
1.3 Research Methodology

The descriptive research approach is the one I’m planning to employ. A descriptive examination
of the issue, its development, and its primary function are all components of this form of
research, which has its own unique name. Law journals, the internet, other websites, and other
publications are some of the resources that will be used in the creation of the thesis.

1.5 Research Questions

1.6
1) Whether the judicial system had an effect on the political process or the instability of the
political system.

2) Is it possible that the problems with Pakistan’s constitution and political system are the
fault of the country’s parliament and political parties?

3) What part do established institutions and non-state actors play in the constitutional and
political instability that we see today?
Chapter 2

Constitutional and Political issues in Pakistan

2.1 Weak political parties

To ensure that a robust constitutional and political system functions in an effective manner,
political parties are both essential and productive components of the system. They are assuming
responsibility for the continuity of the political process. In Pakistan, however, political parties
have not been successful in developing into robust methods of determining Pakistan’s national
political direction. In most cases, they are prone to instability and may be easily controlled.
During the time when Pakistan was being established, there was only one political party known
as The Muslim League. This party’s position was uncontested in light of the struggle for
independence and the establishment of Pakistan.

Muhammad Ali Jinnah hosted this particular get-together in his honour. It was often said about
him that he had given the people of Pakistan two legacies: the first was the nation of Pakistan,
and the second was the Muslim League. Unfortunately, life did not provide him with the
opportunity to plan the celebration. Jinnah was in such poor health that he could hardly
concentrate on the party. Jinnah, who had been the only provider of leadership up to this point,
did not have sufficient time to continue doing so. He was dissatisfied with Liaquat Ali Khan, for
whom he had made preparations to take his position. The relationship between Jinnah and
Liaquat Ali Khan becomes tense. After Jinnah’s passing, the Muslim League came dangerously
close to losing its grip on political affairs.

Bhutto is credited with founding the Pakistan People’s Party (PPP), which went on to achieve
widespread success in West Pakistan. 1970 was a successful year for his party in national
elections. By securing the majority of seats in the National Assembly of west Pakistan, the PPP
was able to establish itself as the largest party in Sindh. Because of the employment of armed
political methods, the PPP had undergone a complete transformation by the time elections were
conducted in 1977.
2.2 Role of legislatures: Sovereign or subordinate?

Legislation is regarded to be theoretically sovereign when operating within a government

structure that is modeled after a parliamentary system. The legislative branch is constitutionally
competent to enact whatever legislation it deems fit and has the right to do so. The President
does not possess the ability to overturn laws that have been approved by the legislative branch. It
is mentioned in the United Kingdom that Parliament is seen to be so sovereign in that if they
proclaim a woman to be a man and a man to be a woman, it appears to be okay. This statement
comes from the United Kingdom. This Idea is rooted in the UK's unwritten or unmodified
constitution, which was developed centuries ago.

In every kind of parliamentary democracy in which the constitution is written down, the law of
the respective dominion is considered to be sovereign. At this point, the following inquiry is
posed:

 Does Pakistan fall inside the scope of this principle?

In order to provide a solution to this topic, we will be reviewing the constitutional amendments
that occurred as follows:

The primary constitutional document of Pakistan is the Objective Resolution, 1949, which was
passed in 1949. The preamble of Objective Resolution 1949 was included into each of the three
constitutions that were written (1956, 1962, and 1973), although with a few changes each time.
This document is now officially recognised as a part of the constitution. It has now been
designated as a fundamental component thanks to the consolidation of Article 2A. The resolution
said right at the beginning that,

“Allah is the only one who has sovereignty over the whole world, and the power that He has
assigned to Pakistan is a sacred trust that requires the people of Pakistan to execute their
authority within the bounds that He has established.”

The Idea that the British Parliament was sovereign over the country was rendered obsolete by
this pronouncement. On Pakistan, the legislative branch does not have any say in matters of
sovereignty. Those who want to make Pakistan a religious state must realise that this would need
the country’s founding documents and all of its legislation to be in line with the tenets of Islam.
It indicates that the constitutional primacy has been undermined, and sections of the constitution
may be disregarded in the sake of upholding Islamic ideals. As a result of this circumstance, the
Supreme Court has, at least for the time being, refrained from doing such an examination and
overturned the ruling of the Lahore High Court, which said that one article (Article 2A) cannot
take precedence over another provision (Article 45).
The alternative reading, whichh adheres to a more constrained approach, maintains that because
we are aware that the Constitution is the most basic law of the nation, it cannot be disregarded by
the legal system in any way. However, if the laws that are enacted through legislation are in
direct opposition to the injunctions outlined in the Quran and the Sunnah, such laws may be
disregarded. A resolution that is objective lends its support to the constitution and the laws that
have been drafted in this way;

“The chosen representatives shall be the means by which the state exercises its power.”

The conclusion that can be drawn from this is that the objective resolution did not intend to
construct the legislature as a subordinate or secondary institution that is only sovereign within
the domains of the constitution. Rather, there is a restriction placed on them, which states that the
making of laws must be in accordance with the Holy Quran and Sunnah.

Majlis-e-Shoora is the name that General Zia gave to the parliamentary body that was established
under the constitution of 1973. While in 1985 Parliament approved of the 8th amendment, they
should not have allowed this, but they are not resistant to change. In spite of the fact that it serves
in an advisory capacity, Majlis-e-Shoora gives the impression that Parliament is not the body that
exercises sovereign power. In its most basic form, the Arabic word shoora refers to the concept
of advice. This phrase is most often used in Muslim nations that are ruled by kingdoms. The job
of the Majlis in such countries is not to write the laws; rather, the Majlis offers guidance to the
King on how to handle legal matters. Zia had appointed a Majlis-e-Shoora in 1981, and it was
composed of his nominees. However, it was merely a rubber stamp body, and its members acted
in accordance with his commands. Obviously, he saw things from this perspective with regard to
the Parliament, but there is no way that his depiction should be allowed to be included in the
Constitution of Pakistan. Even after the eighth amendment, the tasks that were previously done
by Parliament continue to be fulfilled by acting as a legislative body rather than an advising
body.
The violation of the Constitution has advanced to the next level with this latest action. The
Federal Shariat Court was established in 1980 as a result of an amendment to the constitution. It
was analogous to the way that the judicial system worked. To begin, in 1979, the highest courts
in each province were given the authority to declare any law invalid and unenforceable if it was
in conflict with the Quran and Sunnah. After this, there is no longer a need to establish a similar
court for the purpose of exercising such authority. This court has a specialised panel of judges
known as the Shariat Appellate Bench. These judges are not members of the Supreme Court’s
judicial staff; rather, they are ulems. Appeals that are lodged against this court do not often have
a chance of success at the Supreme Court. This court operates under a distinct system, in contrast
to both the Supreme Court and the High Court. The appeals against the hudood cases may be
heard by the Federal Shariat Court, which has authority over certain proceedings

2.3 Role of Judiciary: Independent or Subordinate?

The organ of the state is known as the judiciary. The judiciary is responsible for providing
adequate protection for the fundamental rights of the people. It is the absolute mediator of the
state’s constitution, and the Judiciary is responsible for Its upkeep. The development of a nation
and its constitution is significantly aided by the contributions of its judicial system. The Judiciary
is an autonomous branch of government, and its importance has not been exaggerated. The
Islamic Republic of Pakistan is equipped with a robust judicial system at the time of its
independence.

The position of Chief Justice of Pakistan was initially held by Mian Abdur Rehman. He had a
sterling reputation for being a trustworthy and honourable man. His first successor was
Muhammad Munir, but the judgements that he handed down were too contentious. Muhammad
Munir was his second successor. However, Mian Abdur Rehman’s potential successors
Shahabuddin and A.R. Cornelius both upheld the values of the judiciary during their time in
office. During the time that British India was in existence, appointments to the superior courts
were handled with the utmost care. There were two different routes that could be taken for such
selections; the first was through the Indian Civil Service, and the second was through Leading
Lawyers. During that time period, there was a high value placed on judgements. The judges
exercised extreme caution. They were trying to protect themselves from accusations of
favouritism or bias. The method was included in Pakistan’s first constitution, which was enacted
in 1956, and was used to choose members of the country’s judicial system. The constitution of
1956 included a very specific reference of the appointment of chief justices for both the high
court and the Supreme Court.

The President of the United States was selected to serve as the Chief Justice of the Supreme
Court, and other justices of the Supreme Court were also selected by the President, but only after
discussing the Chief Justice’s nomination. The president is responsible for selecting the Chief
Justice of the High Court. The clauses of the constitution of 1956 that were stated above were
rewritten into the constitutions of 1962 and 1973. The Chief Justice of the High Court is now
working on compiling a list that will include the names of prominent attorneys as well as
members of the province’s subordinate judiciary. The item in question was brought up in front of
the Governor of the province. In addition, the file was delivered to the federal law ministry, and
then it was passed on to the chief justice. The chief justice then made some observations and
suggestions, and then the file was sent back to the law ministry. The file was sent from the
Ministry of Law to the Prime Minister, and then on to the President.

The thought process that led to the creation of this chain was as follows:
“the Chief Justice of the High Court and the Supreme Court both have a better position to access
the advocates’ integrity and reputation, and they both provide a better opinion about who should
be appointed.”

The involvement of CEOs and Governors in the process was intended for the purpose of
ensuring that no unfavourable remarks were made about the recommendees with respect to their
personal character and their commitment towards the country. The beliefs that underpin this
system hold that personnel of the constitutional government are above suspicions of favouritism
or prejudice. The passage of time, however, sadly brought about constitutional officials abusing
their authority and becoming embroiled in a biassed system; as a result, the historical traditions
were discontinued. The integrity of the system is deteriorating with each passing day. Chief
justices, who are understandably worried about the welfare of their family and relatives, have
reportedly made efforts to place individuals of their choosing in positions of authority.

During the time that Ayub Khan was in power, he used his influence to secure a number of
judicial appointments for political reasons. In exchange for the vote that was cast for him, Ayub
Khan was granted the opportunity to elect members of the National Assembly to serve on the
High Court. On the advice of President Ayub Khan, judges were nominated to their positions. A
political figure that assisted Ayub Khan in the elections of 1965 was ultimately successful in
gaining election to the high court.

During the time when the military was in charge, politicians had lost all of their authority, but
judges, even retired judges, still maintain that influence on issues pertaining to the appointment
of judges. The judges made advantage of their intimate relationship with the armed forces. The
futures of judges’ sons and sons-in-law were prepared by the judges themselves; as a result, the
sons and sons-in-law have been appointed as Assistant Advocates General or Additional
Advocates Generals, positions on the highest levels of officers.
During the administration of Benazir Bhutto, there was a lack of competent decision-making on
the appointment of members of the judiciary. During the time period of the Nawaz Government
(1990-1993), there were no notable advancements achieved in the judicial appointment process.

Chief justice and politicians were members of their own community.

The judiciary was not initially harmed by the military takeover that occurred on October 12,
1999. The existence of the Musharraf rules was made public when military regulations were
subjected to criticism and a petition was submitted against them. They were able to achieve
victory in the various courts because to this strategy. In accordance with the PCO (provisional
constitution order), which was announced on January 25, 2000, it was necessary for judges to
make a solemn declaration before administering the oath. It has been decided that Chief Justice
Saaeduzaman Siddiqui will not be allowed to take the oath, and if he continues to refuse, he
would be placed under house arrest. The Chief Justice and the five other justices who refused to
take the oath were required to step down, and the other seven judges consented to take the oath
in accordance with the PCO. Judges who consented to take an oath and decided to collaborate
with military rulers were guided by Justice Irshad Hassan Khan, who was eventually rewarded
with the position of chief justice. These judges took the oath and collaborated with the military
rulers.

The situation is unfortunate In terms of maintaining the independence of the judicial system.
When the judicial system loses its credibility, the circumstances continue to worsen and become
more terrible. The separation of powers idea must be adhered to in order to make the judicial
system function as an autonomous entity. Time will tell whether or not there is independence in
the judicial system. The concept of judicial independence has always been nothing more than a
fantasy.
2.4 Role of military

The armed forces are meant to protect the state from external aggression and violation. The
principal function of armed forces is to protect the nations boundaries against hostile assaults.
They are not supposed to take part in democratic constitution. They are not authorised to perform
their part in any political action. They must have no interest in politics of the nation. Basically,
military troops are not taught to take part in politics and its judgments. Before 1954, military did
not in the support of democracy. In 1954. In March 1953, when Ghulam Mustafa dismissed the
Nazimuddin who was the prime minister, set aside the facts that Nazimuddin as a prime minister
owned the vote of majority in the Constituent Assembly, at that time Ayub Khan was the head of
military but he did not come in the favour of Nazimuddin who was the democratically elected
Prime Minister. In October 1958, when martial law had been imposed, at that time the
constitution was annulled. From that action the state has been run according to the rules of
military either directly or indirectly.
Chapter 3

The issue of provincial autonomy

3.1 Issues

• Since the country of Pakistan was first established, the issue of granting provincial
autonomy has been at the forefront of public discourse. After the country gained its
independence, three new provinces were established in the country’s western wing, while
only one new province was established in the country’s eastern wing.

• Until 1937, Sindh was a portion of Bombay Presidency, but it later became its own
independent province. Punjab was a sizable province in British India; after it was
partitioned into two parts, the western portion of the province became a part of Pakistan.
• The North-West Frontier Province (also known as NWFP) was split off into its own
province, and its residents were given the opportunity to vote on whether or not they
wished to be a part of India or Pakistan.

• Despite having a relatively low population density relative to its size, the province of
Balochistan is recognized as its own administrative entity.

• The eastern portion was known as East Bengal, and because Bengal had the highest
concentration of Muslim populations, Pakistan annexed it as its fifth province. East
Bengal only made up 55% of Pakistan’s total population but only accounted for 15% of
the country’s land area.

• The four provinces of Pakistan that are located in western Pakistan made up 85 percent of
the country’s total land area. Because of this situation, writing the constitution became a
challenging endeavour. They were required to preserve the identity of the provinces while
also preserving the imbalance of population and maintaining the representation of
provinces in parliament. During one of the many lengthy negotiations that took place, the
first Constituent Assembly of Pakistan planned out the concept of a bicameral legislature
and discussed certain potential solutions. The Constituent Assembly was presented with a
number of potential solutions, including giving East Pakistan representation in the lower
house (national Assembly). The problem had been resolved by the time the Second
Constituent Assembly met. In the Constitution of 1956, both the east and the west
province were allocated an equal number of seats.
• The distribution of powers between the centre and the provinces is yet another
characteristic of provincial autonomy. In a perfect world, the creation of federating units
would constitute a federation. They came to an agreement to hand over a limited number
of their powers to the federation. These powers encompassed areas such as defence,
currency, and international relations, among others. The Muslim League and the Indian
Congress were the two organisations that were instrumental in the Indian subcontinent’s
achievement of independence. Pakistan could have been established if those provinces in
South Asia that were home to the majority of the world’s Muslim population had banded
together to form a unified Muslim homeland. The Federation of India was established by
the country’s surviving provinces.

• The ability to make laws was delegated to the central legislature by the Constitution of
1962, which included a provision in the third schedule listing 49 different topics. Only
legislation pertaining to the provinces and any other territory not specifically named in
the third schedule were within the legislative purview of provincial legislatures. In
addition to this, it was established that provincial laws were deemed unconstitutional if
they exceeded the authority of the central legislation. The federal government was far
more powerful than the provincial government when both were compared side by side.

• The process that led to the establishment of the constitution in 1973 was known as the
movement of provincial autonomy. Mujib ur Rehman was the one in charge of leading
that movement. He presided over the Awami League as its head. Mujib-ur-Rehman had
presented the program’s six-point agenda to the audience. It was a powerful message that
came dangerously close to challenging provincial authority. During the general elections
that took place in 1970, political parties such as NAP and JUI achieved significant gains
and demanded that a guarantee be provided for the autonomy of the provinces. The
constitution that was written in 1973 said that the president was needed to pick one
member from each province. This member was to be appointed on the suggestion of the
government. Particular provisions relating to the rights of the provinces were included
into the constitution that was adopted in 1973. Legal entitlements concerning the
distribution of electricity, requirements for natural gas, etc. Councils were founded for the
purpose of reviewing the current economic situation in the nation and formulating various
 types of policies, such as commercial, financial, and social ones. Taking into
consideration the past constitutional provisions on the issue of provincial autonomy, it is
essential to conduct an investigation of the manner in which the prior provisions have
been implemented.

• Even though the constitution of 1973 had measures that were effective for the purpose of
rights to provincial autonomy, some of those laws have not yet been put into reality. This
is because the constitution was written in 1973. In the year 2010, the 18th amendment was
passed, and it represents a significant step towards the consolidation of provincial
autonomy.

3.2 Maulvi Tamizud Din Case 1955

The section 9, section 10, section 10-A, and section 10-B of the Government of India Act, 1934
were all modified as a result of the Constituent Assembly passing the Government of India Act,
1954. The powers of the Governor General were cut back as a result of these amendments. As a
direct result of this, the Governor General took action, and on October 24th, 1954, the Constituent
Assembly was dissolved. The prime minister and the governor general had some disagreements
at the time, and those disagreements were the driving force behind the decision to dissolve the
assembly; the governor general issued a declaration regarding this matter. Maulvi Tameez-ud-
Din, who was the son of Tameez-ud-Din, was the one who brought the challenge before the
Sindh Chief Court. At the time, Tameez-ud-Din was serving as president of the constituent
assembly. He was a respected member of society, and the proclamation that said “He goes for the
writ of mandamus and the writ of quo warranto” was challenged by him.

Maulvi Tameez-ud-Din was successful in having his case heard and decided upon by the Sindh
Chief Court. It was determined that the proclamation that had been issued by the governor
general had been invalid. It was decided that the constituent assembly should be dissolved
because it was the appropriate course of action. Writs were dismissed.
Chapter 4

Fundamental rights and civil Liberties

4.1 Fundamental rights and civil Liberties

Fundamental rights are those that are spelled out in the constitution from the very beginning, and
they are rights that absolutely have to be a part of the constitution in order to be legally
enforceable.

Justice A.R. Cornelius is quoted as saying that the basic rights of people have greater
significance than the constitution itself. The constitution guarantees the existence of fundamental
rights. The essential rights are not derived from the Constitution in any way. All individuals on
the planet fall within the purview of these rights.

 The following, as stated by Blackstone

“As a result, greater protection is provided by human rules; there is no need for extra protection
since it is required for the common good.”

 State v Dosso Case

It seems to be a case of homicide. Dosso was the name of the individual who carried out the
murder that took place in Baluchistan. The district of Lora Lai was the location of a homicide. It
is a part of the province known as Baluchistan. Dosso was taken into custody and brought before
the Loya Jirga. Under the provisions of the FCR, tribal officials had filed charges against him. As
a result of this, the victim’s relatives went to the Lahore High Court and filed a plea for a writ. In
accordance with Pakistan’s constitution, which went into effect in 1956, the court heard this case.
Dosso was victorious as a result of this held. The Lahore High court ruled that the FCR violates
the country’s constitution, hence it was struck down. In addition, the federal government of
Pakistan has appealed this verdict to Pakistan’s highest court, the Supreme Court of Pakistan, in
this particular case. The verdict that the Supreme Court had rendered was favourable to the
federal government. The decision of the Supreme Court in this case went against the judgement
reached by the Lahore high court. The legal positivism theory developed by Hans Kelson served
as the foundation for the decision made by the Supreme Court.

 The legal positivism theory developed by Hans Kelson.

In contrast to natural law, positivists contend that positive law has the potential to be the sole
kind of law. It has anything to do with coercive or compelled authority, or with conventions. It
would have the protection of the law. Legal positivism had a strong ally in Hans Kelson, who
was a strong supporter of the theory. When it comes to his understanding, the term “law” refers
exclusively to positive law.

The Pakistani constitution gives the 1st Constituent Assembly an important part to play in the
process of incorporating fundamental rights into the document. A committee was constituted to
look into concerns pertaining to basic rights and issues involving minorities. At the time of the
inaugural meeting of the committee, which took place on May 26, 1948, a decision was reached
to form two different sub-Committees for the following matters:

• Fundamental rights

• Minorities

A report about the basic rights was presented by the Subcommittee on the 26th of June in 1948. In
addition, a new report was handed in to the committeee on the 17th of June 1949, and on the 28th
of September 1949, an interim report was delivered to the Constituent Assembly. The report was
ultimately approved by the constituent Assembly in October 1950, although with a few
amendments. On the basis of the study, the constituent assembly decided to approve the report.
The report said that a wide range of basic rights were incorporated in the constitution of 1956.
The second section of the constitution was all about the basic rights of the people. In the
declaration of constitution, it was stated that any legislation that were found to be in conflict with
the basic rights might be considered invalid. The Supreme Court issues orders to ensure that
these rights are respected, and it also issues writs, which may include any of the following:

• Habeas corpus

• Mandamus

• Prohibition

• Quo warrantor
 • Certiorari

For the sake of upholding constitutionally guaranteed basic rights, high courts were also granted
the authority to issue writs of this kind.

The essential rights weren’t included in the Constitution of 1962 for whatever reason. The reason
for the omission is that it was held by the military dictators. The chapter on fundamental rights
was included in the constitution of 1962 after it underwent its first amendment, which was
brought about by the Constitution Act of 1963. The section of the constitution that dealt with
fundamental rights in both the 1956 and 1962 versions was exactly the same. It was stipulated
that any laws that were found to be in conflict with the fundamental rights could be declared
invalid. The high court issues orders and writs in order to ensure that these rights are respected.

The Constitution of 1973 contains provisions regarding the fundamental rights that are
comparable to those found in earlier constitutions. It was possible that any laws that were in
conflict with the fundamental rights could be declared invalid. The High Court has the authority
to issue orders and writs to ensure that these rights are upheld.

Articles 8 through 28 of the Constitution of Pakistan, which was ratified in 1973, dealt with
fundamental rights. The following are the rights that are afforded to Pakistani citizens:

• No one should be deprived of their right to life or their liberty;

• Everyone is required to receive a fair and honest trial

• It is against the law to use forced labour, slave labour, or child labour, and it is also
against the law for children less than 14 years old to work in mines or factories.

• It is imperative that there be no room for retroactive punishment.

• It is imperative that double punishment and self-incrimination not be tolerated.

• There is complete mobility for all individuals.

• There is no restriction on who may engage in commercial activities.

• Everyone shall have the right to access information on any and all subjects pertaining to
the public.

• There must be no restrictions placed on anyone’s ability to practise their religious

ceremonies.

• In places of learning, students are able to study topics related to religion and other topics.

• The right to own property anywhere in Pakistan belongs to every citizen of the country.

• There is no distinction between citizens.

 • There is no discrimination of any kind with regard to language, culture, etc.

• There should be no discrimination of any kind based on a person’s gender.

The provisions for the suspension of chapter of basic rights, on the declaration of emergency by
the president in the event of war, were included in the constitution that was ratified in 1956. The
constitution that was ratified in 1962 had provisions that were quite similar to the constitution
that was ratified in 1956. Despite the fact that the Constitution grants all people rights, freedom,
and freedoms, many citizens lack essential rights despite the Constitution’s provisions. On
March 23, 1956, the constitution that had been drafted in 1956 began to take effect. On October
7, 1958, the declaration of martial rule resulted in the nullification of the previous constitution.
Just over two and a half years were spent with basic rights under control of the government.

On June 7, 1962, the new constitution that had been drafted in 1962 began to take effect. There
were no provisions for basic rights in this constitution. By means of an amendment, this
constitution’s chapter on basic rights was expanded upon. The declaration of emergency on
September 6, 1965, as a result of the Indo-Pakistan conflict, became the justification for the
suspension of basic rights. And the suspension stayed in place until the 25th of March, 1969,
when it was finally determined that the constitution itself was invalid. In accordance with the
temporary constitution of 1972, fundamental rights were expanded; nevertheless, the provisions
of this interim constitution were never implemented because of the state of emergency that was
declared on November 23, 1971 as a result of the Indo-Pak conflict in 1971.

The proclamation of emergency was allowed to continue under the constitution that was adopted
in 1973. The two chambers of parliament got together for a meeting on September 5th, 1973. The
decision decided against extending the state of emergency that had been proclaimed in 1971 for
another half a year. On September 6, 1973, a further resolution was adopted, and the President’s
Order from August 14, 1973 was sanctioned in accordance with this resolution. The emergency
declaration and the restriction of basic rights were maintained for another six months. Despite
the fact that the order, issued on August 14, 1974, which temporarily restricted basic rights, was
ultimately revoked. The suspension of even the most essential rights was maintained during the
whole year. Fundamental liberties were kept under suspension during the duration of Zia’s
martial rule, which lasted from the 5th of July 1977 through the 30th of December 1985. On the
30th of December in 1985, Junejo made a courageous declaration, announced the end of the state
of emergency, and revealed that he had been granted power to enforce basic rights via the
judicial system.

4.2. Corruption and Coercion in the corridor of power

When it comes to politics, corruption and coercion will never become obsolete or obsolete.
Every nation’s past is littered with examples of corrupt political officials. Every system has been
compromised, though to varying degrees. Democratic eras, on the whole, are likely to be less
susceptible to instances of corruption and coercion due to the fact that the system of governance
is more open and accessible to the people. The objective of ensuring that multiple institutions
remain in a state of equilibrium is central to the concept of separation of powers. If we look at
the system of monarchy, the king held all of the power, including the power to be the chief
executive, the power to give laws, and the power to be the highest judge. As a result, the lessons
of history suggest that consolidating all of one nation’s powers into the hands of a single ruler
leads to an increase in the most egregious forms of corruption, as seen during certain eras of the
Roman and Byzantine empires.
 The term corruption refers to a wide range of behaviors, including:

• Incompetency

• Criminal conduct

• Immorality

• Law-breaking

• Delinquencies

Pakistan was founded on morally upstanding principles, and its early years were guided by
Jinnah’s moral compass. He was a man of unimpeachable morality, upright character, and
exemplary behaviour. Throughout the history of Pakistan, there have been a number of leaders,
such as Liaquat Ali Khan, Nazimuddin, and Chaudhri Muhammad Ali, who, although having
other flaws and failings, were not stained by corruption or fraud. Each of them had a life of
simplicity and dignity, yet they did not leave behind any financial legacy in Pakistan or
elsewhere. Iskandar Mirza and Ghulam Muhammad, who were the politicians who were detested
the most, refused to take any payments that were offered to them.
It was Ayub Khan who laid the foundation for the corrupt system in Pakistan. He was an early
innovator in the practise of political corruption. After declaring that the country would be under
martial rule, he started rounding up politicians. Ayub Khuhro was the target of his first effort,
which consisted of levelling a baseless accusation against him. During that time period, Khuhro
served as the Minister of Defense. Ayub Khuhro had the habit of making Ayub, who was the
Commander-in-Chief at the time, wait outside of his office for many hours. Khuhro’s attitude
against Commander-in-Chief was the motivation for Ayub’s desire for retribution. In addition,
Ayub Khan was responsible for the passage of a draconian legislation known as the Elective
Bodies Disqualification Order (EBDO). The purpose of this law was to eradicate from politics
political parties that Ayub Khan did not hold in high regard. Ayub Khan was able to get rid of a
number of politicians by using this legislation, including Suhrawardy and Qayyum Khan. They
received a seven-year ban from competition.

At that point in time, the situation did not end there. He performed other manoeuvres similar to
this one. His sons and relatives, General Habibullah, were married to Ayub Khan’s children, and
his daughter married Ayub Khan’s son. General Habibullah made the most of this opportunity by
capitalising on the reputation and influence of Ayub Khan. He became a large industrial tycoon
by using his name to his advantage. The sons of Ayub Khan quit the military and attempted to
establish themselves as industrialists. In order to accomplish this goal, they borrowed loans from
the government banks. Gohar Ayub, one of his sons, went on to have a successful career in
business and also joined politics. Ayub Khan, who originated from a modest family, managed to
amass a great deal of wealth during his time in office. Even he did not acknowledge that he was
engaged in any corruption or coercion; rather than admitting his wrongdoing, he rationalised it
by claiming that it was his son's right to take out loans from financial institutions.

Despite the fact that Yahya was a military guy who was also active in politics, he was held in
contempt for doing actions that contributed to the demise of Pakistan. Several unethical business
practises were engaged in by him. He was the cause of more than one embarrassing situation.
Together with his companions, he was responsible for a significant portion of Pakistan’s
monetary losses. He acted in a manner that was irresponsible toward his audience. At that time,
the period of Bhutto had just begun. His administration has a reputation for having an extremely
terrible record with human rights. At that time, all of his competitors were experiencing a great
deal of difficulty, including being detained, being involved in fabricated criminal cases, and
experiencing personal humiliation. It was sanctioned by Bhutto for his political underlings to
victimise or harass anybody who had opposing political views. It was well knowledge that
certain members of his government were dishonest and lacked principles. Under Bhutto’s rule,
instances of corruption in public life were quite widespread. As a tool of political corruption,
licences of commercial and industrial activity, official posts, and even ambassadorships have
been employed.

The problem of corruption In Pakistan has been approached from a variety of angles. Corruption
in the voting process is widely recognised as being widespread in today’s society. It has
something to do with the electoral process being tainted. Since the general elections in 1985 and
the elections in 1988, this corruption has been notably engaged. When the elections for the
National Assembly were held in 1985, contestants shelled out millions of rupees in an effort to
win a seat there. In addition, in certain instances, tens of millions of dollars were spent in order
to win a seat in the National Assembly. The elections that took place in 1988 gave people in the
middle stages hope. These elections were conducted according to party affiliation.

However, this relates to a number of other principles that led to the dissatisfaction of the parties.
Both the PPP and the IJI contributed to the dissatisfaction of the public by putting exorbitant
prices on the party tickets that they sold. The events that took place during the elections in 1988
occurred again, although this time with a greater degree of intensity during the elections in 1990
and 1993. During that time period, there were various rumours circulating about a candidate
suggesting that they had spent fifty million rupees. Some of them have invested their money in
the construction of highways. An attempt was made to topple the Nawaz administration using the
PPP. It was promised to the PPP that they would buy costly plots to its own members in
Islamabad and Karachi, and it was promised to the IJI that they would buy plots in Lahore; as a
result, they have backed the PPP in the centre and in NWFP.
After the Nawaz Government was overthrown in April 1993, there was the worst example of
horse dealing in the Punjab. This occurred during this time. Ghulam Haidar Wyne was a Nawaz
Sharif supporter who worked for Ghulam Haidar Wyne. His name does not appear on the list of
those who were members of the Punjab legislature. This chance was seized upon by Manzoor
Watoo, who was serving as the speaker of the Punjab parliament at the time, and he voted in
favour of a move of no-confidence against the Wyne. The restoration of the Nawaz Sharif
administration with the assistance of the supreme court on May 26, 1993 brought about a shift in
the situation. Nawaz Sharif expressed his appreciation to the Chaudhris of Gujrat for electing
Pervaiz Elahi as the chief minister.

He launched a campaign with the goal of gaining support for the Pervaiz Elahi from the vast
majority of members of the Punjab legislature. After the Return of Nawaz administration took
power, Watoo began to show signs of submission. As a result, he gave the governor instructions
to terminate the assembly’s session. During the time that the high court was deliberating on
whether or not to dissolve the assembly, the bulk of the parliament’s members were housed as
guests in an Islamabad hotel that had five stars. They were expected to march towards Lahore for
the motion of no-confidence movement against the Watoo, and there was a chance that the
assembly may be resurrected by the high court. On the other hand, on July 18, 1993, all of the
assemblies were dissolved, which is the reason why this event never took place. As a result,
bribery and other forms of political extortion are still very much prevalent.
Chapter 5

Conclusion and Recommendation

5.1 Conclusion

By this point in the conversation, having poured into the accounts of Pakistan’s political and
constitutional history throughout the course of the previous seven decades, there is ample cause
to be pessimistic. We have not learned anything from the past and continue to make the same
errors. Make errors even more devastating effects. It is clear that a few years ago, three
constitutions were approved for permanent use, and an interim constitution was also drafted;
nonetheless, fundamental constitutional and political problems have not been resolved despite
these developments. Pakistan’s political activities has been met with a great deal of
misunderstanding recently. They have squandered a significant amount of time and effort by
discussing topics that do not even exist in the correct form. These days, political parties are quite
busy coming up with meaningless slogans. This form of administration, known as democracy,
allows for the existence of sovereign powers. It is a power that is exerted by the people of the
country via a system of representation. The foundations of democracy are not built overnight.
However, this accomplishment is the result of a great deal of toil and labour on the part of our
forebears and our forefathers. Without the constitutional liberty, there is no such thing as
democracy; but, with constitutional liberations, democracy may become perilous. Since the
country’s independence in 1947, Pakistan has played around with a variety of different
administrations, constitutions, and organisational structures for the state. Since the nation was
fifty years old, there have been four instances in which the military has interfered in affairs
pertaining to the administration. Since Liaquat Ali Khan’s passing, every administration has
bowed down to the authority of power. Bhutto’s refusal to acknowledge these realities was a
grave error on her part. People no longer have faith in the state because of the unbelievable level
of corruption that has been exposed. The public does not want protection provided by the police;
rather, they desire protection provided by the police. The judiciary has lost its honesty, and as a
result, people no longer look to them for justice. The general public does not have faith in them.

5.2 Recommendation

In my recommendation, I said that the only way for Pakistan to make progress, flourish, and be
successful is if it transformed itself into a modern, progressive, democratic state. It is time for the
present government of Pakistan to take steps toward creating a state free of corruption. It is time
to gain wisdom from the errors of the past.
 Abbreviations used in the thesis

Words

Abbreviations

1. MRD Movement for the restoration of democracy

2. PCO Provisional Constitution Order

3. NAP The National Awami Party

4. JUI Jamiat Ulema-e-Islam

5. FCR Frontier Crimes Regulations

6. EBDO Elective Bodies Disqualification Order

7. IJI Islami Jamhoori Ittehad

 • Bibliography

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• Hamid Khan, (2001). Constitutional and Political History of Pakistan (Vol. third). Oxford
University Press.
 • Hamid. Khan (2020). Principles of administrative law (Vol. Second ). Karachi, Pakistan:
Oxford University Press.

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https://www.scribd.com/document/296400308/The-Constitution-of-Pakistan-
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