‫الر ِحيم‬

‫الر ْح َم ِن ه‬ ِ ‫بِ ْس ِم ه‬
‫َّللا ه‬

PRESENTATION ABOUT
CONSTITUTION OF THE
ISLAMIC REPUBLIC OF THE
PAKISTAN , 1973
PRESENTED BY MUHAMMAD SAQIB (BL-0697)
CONSTITUTION:

It Is The Fundamental And Entrenched Rules Governing The Conduct Of An Organization Or Nation State And
Prevents The Country From Internal Destruction which can be caused by Tyranny rulers, Protects The Fundamental
Rights Of Individual And Control Three Organs Of The State (Parliament, Executive, Judiciary), Simply Constitution
Is The Mother And Composition Of All The Laws But It Has No Fixed Definition.

BACKGROUND HISTORY OF CONSTITUTION:

Americans Often Gets Credit For Having The First Written And Oldest Constitution In The World But In Real Constitution Is
Composed By Many Leaders In The Pre-historic Period . Some Of Those Are Given As Follows:
• Ten Commandements By Allah To Hazrat Moses A.S On Jabl E Noor (1200-100 BC)
• Code Of Hammurabi Drafted By King Babylon (1750BC)
• Commandements Of Holy Quran (644-645 AD)
• Great Charter Of Liberties ‘’Magna Carta’’ (1215AD)
• Code Of Netzahulcoyotl By King Of Texoco(mexico) About Rule Of Law And Organs Of State(1400AD)
• Puritans In America Drafted A First Written Constitution (1639)
• English Bill Of Rights (1689)
• Ukranian Cossack Leader Pylyp Orylyk Authored A Constitution(1710AD)
• Republic Of Corsica Drafted A Written Constitution After Puritans Of America (1755AD)
• United States Of America’s Constitution Drafted As The Oldest Constitution In The World (1787AD)
• Constitution Of France And Poland Was Drafted After Great Revolutions (1791AD)
THREE MAIN ROLES OF CONSTITUTION:

• It Is The Supreme Law Of The Land, And It Provides The Standards That Ordinary Statutes Have To Comply With.(Role As Legal
Instruement)
• Constitutions Often Attempt, To Varying Degrees, To Reflect And Shape Society By Proclaiming Shared Values And Ideals And
Socio-economic Rights, Cultural Or Linguistic Policy, Or Education (Role As Social Declaration)
• The Constitution Distributes Power And Show How State Institutions (Parliament, Executive, Courts, Head Of State, Local
Authorities, Independent Bodies, Etc.) Are Constituted (Role As Political Intruement).

TYPES OF CONSTITUTION:

• Written And Un Written Constitution

• Codified And Uncodified Constitution
• Flexible And Inflexible Constitutions
• Monarchical And Republican Constitutions
• Presidential And Parliamentary Constitutions
• Federal And Unitary Constitutions
• Evolved And Encated Constitution

IMPORTANT TERMS REGAREDING TO CONSTITUTION :

Constitutionality, constitutional right, constitutional freedom, constitutional office, constitutional question,

constitutional immunity, constitutional limitation
 THE CONSTITUTIONAL HISTORY
OF INDO-PAKISTAN
Constitution Of Pakistan Enacted After A Lot Of Great Struggle Of Our Founding Fathers After Taking Following Steps :
→ Indian Act 1858
→Indian Council’s Act 1861
→Indian National Congress 1885
→Indian Council Act 1892
→Muslim League 1906
→Minto-morley Reforms (1909)
→Indian Relief Act 1914
→Memorandum Of The Nineteen (1916) (The Lucknow Pact)
→The Act Of 1919: (Montague-chelmsford Reforms)
→Government Of India Act, 1919
→Muddiman Committee
→Simon Commission Of 1927
→The Nehru Report Of 1928
→Jinnah’s 14 Points
→ Government Of India Act 1935
→Lahore Resolution 1940
→ Cripps Mission 1942
→ Cabinet Mission Plan [1946]
→The Indian Independence Act 1947
→ Objectives Resolution(1949)
→ Constitution Of The Islamic Democratic Republic Of The Pakistan,1956
→ Constitution Of The Republic Of The Pakistan,1962
→ Constitution Of The Islamic Republic Of The Pakistan,1973
PREAMBLE:

• Preamble Is The Preface Or Introduction Of The Constitution.

• It Is Not The Part Of Constitution But It Explains The Aims Objectives Of Constitution.
• The Constitutional Articles Provides The Legal Status Of Preamble.
• Preamble Can Also Be Legally Binded In Case Of Any Ambiguity In Constitutional Provisions.
• Preamble Cannot Be Amended Because It Contains Basic Features Of The Constitution ,If Basic Features Are Amendable Then
How Can Be Constitution Is Rigid Or Entrenched Simply We Can Say Secure.
OBJECTIVES OF PREAMBLE:

1. About The Structure Of The Governance

2. About The Ideals To Be Achieved

PREAMBLE OF THE CONSTITUTION OS ISLAMIC REPUBLIC OF THE PAKISTAN,1973 CONSIST FOLLOWING SALIENT
FEATURES.
• Soverignity Belongs To Allah
• Authority Shall Be Exercised By The Representatives Of The People
• Princples Of Islam Would Be Enunciated Such Tolerance, Equality, Democracy, Freedom And Social Justice
• Muslims Will Enable To Order Their Live In Accordance With Holy Quran And Sunnah
• Minority Rights Will Be Protected
• Territories Included In Or In Accession With Pakistan And Such Other Territories May Hereafter Be Included In Or Accede To
Pakistan Shall Form A Federation.
• Fundamental Rights Will Be Protected Such As Right To Life Liberty Etc
• Independence Of Judiciary Would Be Observed
• Sovereign Rights On Land, Sea And Air, Shall Be Safeguarded Would Be Safeguarded
• Federal And Democratic State Based On Islamic Principles Of Social Justice;
THE INTERPRETATION OF THE PREAMBLE BY THE COURTS:

• In The Berubari Union Case The Supreme Court Held That The Preamble Was Not A Part Of The Constitution And Therefore
Could Not Be Regarded As A Source Of Substantive Powers, The Court Reasoned That The Preamble May Be Used To Interpret
Ambiguous Areas Of The Constitution Where Differing Interpretations Present Themselves.
• Supreme Court Reversed Its Stand, In The Case Of 'Kesavananda Bharati V. State Of Kerala, And Recognizing The Preamble As A
Part Of The Constitution Propounded The Innovative ‘Basic Structure’ Doctrine, and integral part of the constitution which
means not essential part.
• In Sajjan singh V State Of Rajhistan (AIR 1955 SC 845) Supreme Court Held That Basic Features Of Preamble Cannot Be
Amended.
• In 1997 SCMR 232 Court Declared That The Objective Resolution 1949 Was The Preamble Of The Constitution 1956, 62, And 73.
• In 2004 SCMR 1903 Supreme Court Of Pakistan Held That Vires And Validity Of Statute Cannot Be Tested Merely On The Basis Of
Preamble Of The Statute If The Enacting Part Of The Statute Goes Beyond The Preamble It Is The Enacting Part Which Prevails
Not Preamble.
• In PLD 1980 SC 160 Court Held That Preamble Contain The Scheme And Procedure Of Islamisation Of Laws And Lays Down And
Guiding Principles And Methods To Be Adopted In Such Regard.
• In PLD 1992 SC 595 Court Held That 'The Objectives Resolution Has Become- From Merely A Preamble Of The Constitution It
Became An Essential Part Of The Constitution Possessing The Same Weight And Status As Other Articles Of The Constitution
Which Were Already A Substantive Part Thereof.
• In PLD 2015 SC 401 Court Held That Preamble Consist Upon Fundamental Provisions Of The Constitution Of Pakistan.
BELOW COUNTRIES HAVE NOT PREAMBLE IN THEIR CONSTITUTION:

Angola, Austria, the Bahamas, Barbados, Belgium, Bolivia, Botswana, Brunei, Canada, Chile, the Cook Islands, Cyprus,
Denmark, Djibouti, the Dominican Republic, El Salvador, Finland, Ghana, Iceland, Israel, Italy, Jamaica, Yemen, Jordan,
Zimbabwe, Zambia, Lesotho, Luxembourg, Malaysia, Maldives, Malta, Myanmar, Mauritius, Mexico, the Netherlands, New
Zealand, Norway, Oman, Qatar, Romania, San Marino, Saudi Arabia, Santa Lucia, St. Vincent and Grenada, Sierra Leone,
Singapore, Sweden, Thailand, Tonga, Bermuda, Cayman Islands, Gibraltar, British Virgin Islands, Uruguay and the Vatican
DEFINITION OF RIGHTS AND ITS MAIN FEATURES:

• A Moral Or Legal Entitlement To Have Or Do Something.

• A Right Is An Interest, Which Is Created And Enforced Either By The Constitution Or By Ordinary Law
• Salmond Has Defined ‘Right’ As A Legally Recognized And Protected Interest Means Any Interst Which Law Recognizes.
• Rights Are The Demands Of People For Their Own Development
• Rights Are Inseparably Related With Duties. There Is A Close Relationship Between Them “No Duties No Rights. No Rights No
Duties.
• Rights Are Enforced By State It Is The Duty Of A State To Protect The Rights Of The People.
• Rights Always Bear Limitations Deemed Essential For Maintaining Public Health, Security, Order And Morality.

HISTORICAL PERSPECTIVE OF RIGHTS:

The Cuneiform Cylinder Depicting- And Accepted As- The ‘First Charter Of Human Rights’ Promulgated By Cyrus II The Great Of
Persia (576 To 530 BC) - Dating From His Dynasty At Around 538 BC.. Enshrined Basic Freedom Rights Regarding To Religion And
Protection From Forced Labouretc. The Cyrus Cylinder, A Clay Tablet Containing His Statements, Is The First Human Rights
Declaration In History.
The Idea Of Human Rights Spread Quickly To India, Greece And Eventually Rome. The Most Important Advances Since Then Have
Included:
1215: The Magna Carta—gave People New Rights And Made The King Subject To The Law.
1628: The Petition Of Right—set Out The Rights Of The People.
1776: The United States Declaration Of Independence—proclaimed The Right To Life, Liberty And The Pursuit Of Happiness.
1789: The Declaration Of The Rights Of Man And Of The Citizen—a Document Of France, Stating That All Citizens Are Equal
Under The Law.
1948: The Universal Declaration Of Human Rights—the First Document Listing The 30 Rights To Which Everyone Is Entitled.
TYPES OF RIGHTS:

• Natural Rights (Which Are Unalieanable And Inherent To Each Individual And Implicit To Human Existance Such As
Right To Life ,Liberty ,Privacy Etc)
• Legal Rights (Those Rights Which Are Provided By Laws, State Can Take Them Back Too Such As Protection From
Unlawful Detention It Can Be Civil, Political And Economic Rights Also)
• Fundamental Rights( Those Which Are Necessary And Mentioned In The Constitution Also Known As Constitutional
Rights Such As Basic Civil And Political Rights Such As Freedom Of Religion Etc)
• Moral Rights (These Are Based On Human Sense Of Goodness And Justice)
• Contractual Rights (Contractual Rights Originated From The Practice Of Promise-keeping)
KINDS OF RIGHTS:
• Postive Rights (Subjected To An Action Or Another Person Or Group E.G Government Such As Right To Education Etc)
• Negative Rights(not To Be Subjected To An Action Of Another Person Or Group E.G Government Such As Freedom Of
Religion Etc)
In Simple We Can Say That Human Rights Are Inalienable, Interdependenednt, Non Discriminatory As Well As Obligatory
And Equal To All.
CONSTITUTION OF THE ISLAMIC REPUBLIC OF THE PAKISTAN ,1973:
PART I.
INTRODUCTORY
•1. The Republic And Its Territories.
•2. Islam To Be State Religion.
•2a. The Objectives Resolution To Form Part Of Substantive Provisions.
•3. Elimination Of Exploitation.
•4. Right Of Individuals To Be Dealt With In Accordance With Law, Etc.
•5. Loyalty To State And Obedience To Constitution And Law.
•6. High Treason.
 CONSTITUTION OF PAKISTAN
PART II
FUNDAMENTAL RIGHTS AND PRINCIPLES OF POLICY
7. Definition Of The State
8. Laws Inconsistent With Or In Derogation Of Fundamental Rights To Be Void.( In Case Of (Abul Ala Maududi V. Govt. Of
West Pakistan - PLD 1964 SC 673).

CLASSIFICATION OF FUNDAMENTAL RIGHTS:

Right To Life And Security Of Person Art. 09
Right To Safeguards As To Arrest And Detention Art. 10
Right To Fair Trial Art. 10-A
Slavery, Forced Labour, Etc., Prohibited Art. 11
Protection Against Retrospective Punishment Art. 12
Protection Against Double Punishment And Self Incrimination Art. 13
Inviolability Of Dignity Of Man, Etc. Art. 14
Freedom Of Movement, Etc. Art. 15
Freedom Of Assembly Art. 16
Freedom Of Association Art. 17
Freedom Of Trade, Business Or Profession Art. 18
Freedom Of Speech, Etc. Art. 19
Right To Information. Art. 19-A
Freedom To Profess Religion Art. 20 To 22
Provision As To Property Art. 23 & 24
Equality Of Citizens Art. 25
Right To Education Art. 25-A
Non-discrimination In Respect Of Access To Public Places Art.26
27. Safeguard Against Discrimination In Services. Art.27
28. Preservation Of Language, Script And Culture. Art.28

FOLLOWING PRINCIPLES OF POLICY HAVE BEEN LAID DOWN IN THE CONSTITUTION:

Principles Of Policy Art:28

Responsibility With Respect To Princples Of Policy Art:29
Islamic Way Of Life. Art: 31
Promotion Of Local Government Institutions. Art: 32
Parochial And Other Similar Prejudices To Be Discouraged. Art: 33
Full Participation Of Women In National Life. Art: 34
Protection Of Family, Etc. Art: 35
Protection Of Minorities. Art: 36
Promotion Of Social Justice And Eradication Of Social Evils. Art: 37
Promotion Of Social And Economic Well-being Of The People. Art: 38
Participation Of People In Armed Force Art: 39
Strengthening Bonds With Muslim World And Promoting International Peace. Art: 40
CASES RELATED TO FUNDAMENTAL RIGHTS:

• Regarding Article 9, 14 (1994 PLD 694 Supreme Court)

I. Life Covers All The Facets Of Human Existance.
II. Fundamental Right To Privacy And Human Diginity Is Unparalleled And Could Be Found In Very Few Constituttions Of The
World.
• Regarding Article 9, 14 And 19-a (PLD 1998 Supreme Court 388)
I. Every Person Has A Right To Life And No One Can Be Deprived From Right To Life Except In Accordance With Law.
II. Dignity Of Man Is Not Only Mentioned In Constitution But It Is Also Focused By The Islam Also)
III. Telephone Tapping And Evasdroppings Is Being Un Constitutional In Future It Can Be Done With The Permission Of Supreme
Court)
• Regarding Article 9 (PLD 2007 Karachi 116)
I. Article 9 Includes All Those Rights Which Are Necessary For Living Qualify Life Befitting Human Dignity As Such The Term
Life Cannot Be Limited Mere Vegetative Or Animal Life.
• Regarding Article-10-a (PLD 2007 Karachi 544)
I. Right To Access Justice Includes The Right To Be Treated According To The Law Or Right To Have A Fair And Proper Trial.

CONCLUSION:

Fundamental Rights Are Constitutional Rights And They Can Only Be Amended Through Amendment Procedure And Cannot Be
Amended By Ordinary Legislative Process. Supreme Court Has A Authority To Protect Fundamental Rights And Protects The State
From Tyranny And Arbitrariness.
And Principles Of Policy Are The Policies That Government Should Apply To Make The
State Developed These Are The Directive Principles To Achieve The Cherished Goal. They Are To Keep The Direction To The
Right Goal.