Fir st Republi c

First constitution of1956

Feat ures
 Nature
 Federation
 Parliamentary System
 Uni-Cameral Legislature
 Independence of Judiciary
 Directive Principles
 Fundamental Rights
 Islamic provisions
 Official Language
Caus es of the F ailure o f 1 956
constitut io n
 It was enforced for t he period of 2 years, which was not enough to tset
the utility of a constitution.
 Insincerity on the part of politician sabotage the system
 Elections could not be held under the new constitution.
 Martial Law was imposed in oct,1958 & it was declared that the
parliamentary democracy has failed, when even the fresh elections
were not held.
 Political bargaining, shifting party affiliation and promoted instability.
 After martial law, the political parties were banned
 Chief of the army Muhammad Ayub Khan became chief of Martial law
administrator
 Sikandar Mirza quit the presidency and Ayub Khan became the
president.

The Rapid Recap of the Failure

 Leadership Crisis
 Lack of political Training
 Role of Political parties
 Economic Instability
 Lack of Democratic values
The New Governmental Set up
 The Government set up a constitution commission with
justice Shahab-ud-Din as its chief for giving the
recommendations for the new constitution.
 the commission examine the causes of the failure of
parliamentary democracy
 The commission presented the report in 1961
 The new constitution was made and enforced after
keeping in view the report of the commission.
 The new constitution incorporated some of the patterns
of the old constitution with the new modifications
 Parliamentary form was replaced by the presidential
form of Govt
 Islamic provisions were to be inducted.
 The second constitution was to be implemented on first
may 1962
Second R epublic19 62
Cons tit ution of P akista n
Feat ures
 Nature of the Constitution
 Method of Amendment
 Federal system
 Presidential System
 Unicameral legislature
 Indirect election
 Role of the Judiciary
 Islamic Provisions
 Fundamental rights and Principles of policy
Imposit ion o f Mart ial
Law
 The regime seems satble apparently but hollow from within as
there wasn’t any public particiaption in the political system.
 The forces of disintegration gained strength.
 Ultimately people stood up against the government and
demanding the restoration of parliamentary system, direct
elections.
 The people of 3 provinces of West Pak except the Punjab were
against the One Unit formula, and most of the Pol-Parties
demanded its abolition.
 The critics of One Unit along with the Pol-Parties organized the
demonstrations against the government with violence and
terrorism.
 Consequently the bad law and order situation emerged.
Round Tabl e Conferen ce
 To get out of the tense situation Ayub khan called Conference comprising
To get out of the tense situation Ayub khan called Conference comprising
the representative of all Pol-Parties, the conference was to be called
‘ROUND TABLE CONFERENCE’.
 Shiekh Mujeeb-ur-Rehman was at that time in jail in a conspiracy case
against the solidarity of the state. But he was released on the protest of his
workers in East Pakistan
 At the same time some of the parties started agitation (JALAO GHERAO)
against the government after rejected the govt call for the dialogue.
 Despite of the prevailing condition of law and order, govt decided to
organized another round of the talk and it was decided that national
elections would be held on the basis of ‘one man one vote’. Through this
way the parliamentary democracy would be restored.
 But the sharp differences remained unresolved.
 Shiekh Mujeeb presented his ‘SIX POINT FORMULA’ which was
unacceptable for West Pakistan to accept and therefore anarchy further
prevailed.
 Presidency Ayub Khan transferred his powers to Yahya Khan, who was the
commander in Chief of the armed forces, who imposed ,Martial Law on 25th
March 1969.
 All legislative assemblies were dissolved and the constitution was
abrogated.
 Yahya Khan gave the statements to restore Adult Franchise and repeal the
ONE UNIT, therefore he promulgated the ‘LEGAL FRAME WORK ORDER’
indicating the basic principles on which the future constitution was to be
framed.
LEG AL FR AM EWO RK
ORDE R
 The protection of he Islamic Ideology
 Federal system comprising all regions of Pakistan
 Independence of Judiciary
 Security of fundamental rights
 Adult suffrage
 Maximum provincial autonomy with strong centre.
 Equal opportunities for the participation in national life.
 Economic inequaliotites ina ll regions shall be
eliminated
 The salient features of the new constition was also
discused in 1971, but it was flopped cause of the
dismemberment of EAST PAKISTAN.
Causes of FAI LURE
 No Popular Constitution
 Presidential Dictatorship
 Absence of Checks and balances
 Provincial Autonomy Curtailed
 Indirect System Election
 Absence of Fundamental Freedom
 Dark aspect of Basic Democracies
 One party Rule
 Promotion of Secularism
Reviva l Of representati ve
Syst em
 President Agha Yahya Khan announced new elections
in1969, which was held in 1970 on the basis of ‘One man
One vote’, because of the Cyclones in East Pak.
 According the LFO, the total strength of the NA was to be
313 out of which 13 seats were reserved for women.
 The strength of Provincial assemblies was determined
according to the ratio of population of the respective
provinces.
 In the result of the elections, Awami League got a sweep
victory in NA and that of Provincial Assembly, where as
PPPemerged as the biggest part in WEST Pak.
 East P ak ist an Crisi s
 Shiekh Mujeeb-ur-Rehman insisted on the attainment of
provincial autonomy and constitution formation on the basis of
Six Points Formula.
 Mujeeb demanded the session of assembly should be
submitted, however Z.A Bhutto wanted to resolve the issue
before the summon of assembly.
 Ultimately, when 3rd March was being decided for the session of
assembly Z.A Bhutto boycotted the session Yahya Khan called a
meeting of 12 leaders to resolve the issues but Mujeeb has
already started the CIVIL DISOBEDIENT MOVEMENT and
demanded an immediate transfer of power to the elected govt.
 AWAMI LEAGUE had started the demonstrations in big cities
with its terrorist wing ‘Mukti Bahni’ and the military operation had
been started.
 This mass movement was supported by India, therefore the
physical link in between EAST and WEST wing were cut.
 India took the full benefit of the prevailing internal crisis and a
war continued in b/w India and pak. Finally the Pak army
surrendered on East Pak Front.
Forma tion of Repres entativ e
Govt
 Bhutto was abroad to represent Pak in the
Security Council of United Nation, when the
ceasefire was being made in 1971 war.
 On his arrival Mr yahya resigned from the
presidency and transferred the powers of
president and that of Chief Martial Law
Administrator to Z.A Bhutto.
 Martial Law was withdrawn on 21st day of the
same month.
 But the effords were continued under Mian
Muhmood Kasuri who was the law minister, the
third constitution was implemented on 14th
august 1973.
Protest movem en t
 Under 1973 constitution, the elcteions of the NA held on 7th march 1977,
in which PPP got victory.
 The opposition alleged that the ruling party had won the seats through
rigging of the elections.
 The opposition parties with their alliance called “PAKISTAN NATIONAL
ALIANCE”.
 Therefore the PNA, the electiions to provincial assemblies were being
bycottedand massive demonstartion was started.
 To settle the tense condition, the longest duration in Paki’s history was
arrived , compromise was arrived at many issues but he agenda was yet
to be there to chalked out.
 The condition was still tense and the military intevened and Zia-ul-Haq
imposed Martial law on 5th July 1977.
 Z.A Bhutto was dismissed along with the provincial governors and
ministers.
 All the powers concentrated in a military Council, comprising Chiarman
Joint Chief of Staff and the Chiefs of Three armed forces.
Th e co nst itutio nal
Issues
 The court announced its unanimous
decision on 10th Nov 1977, and rejected
the writ of Habeas Corpus filed by Mrs
Bhutto.
 On 5th July, the imposition of Martial Law
was to be given a legal cover by saying
that’it was a indispensable and justified
as law of necessity”.
Revi val o f C onst ituti on
Order 1985
 The constitution which was imposed on 5th July
1977 was partially revived under the
presidential oerder1985.
 Certain changes were being made
a) distribution of powers b/w President and PM.
b) Qualifications of the members of Parliament.
c) Total strength and method of elections.
d) Powers of provincial governors.
TH E CONS TI TU TI ON O F
3 Rd Rep ublic .
 Introduction
 Republic and its territories
 The preamble
 Nature of the constitution
 Method of amendment
 Federal syatem
 Parliamentary Form
 Bi-Cameralism
 Rule of Law
 Islamic Ideology
 Principles of Policy
 Fundamental Rights
 Direct Method of Election
 Economic Justice
 Official Language
 Single Citizenship
 Holding of referendum