Democracy Under 1973 Constitution

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Parliamentary Democracy under 1973

Constitution:
The first session of the National Assembly, due to the delay caused by the separation of East
Pakistan, was held on 14thApril 1972 at the State Bank Building, Islamabad, in which all 144
Members from West Pakistan and two from former East Pakistan (Mr. Noor-ul-Amin and Raja
Tridev Roy who had chosen to join Pakistan) participated. On 17th April 1972 an Interim
Constitution was adopted by the National Assembly, which provided for a Presidential form of
Government. Under this Constitution, the National Assembly was not to be dissolved earlier than
14th August 1973. The Interim Constitution dealt in detail with the distribution of powers
between the Centre and the Provinces.

The Assembly also formed a Constitution Committee on 17th April 1972 to prepare the first
draft for framing a Constitution. The report of the Committee was presented with a draft
Constitution on 31st December 1972. It was unanimously passed by the Assembly in its session
on 10th April 1973 and was authenticated by the President on 12th April 1973. This
Constitution, called the Constitution of the Islamic Republic of Pakistan 1973, was promulgated
on 14th August 1973. On the same day, Mr. Zulfiqar Ali Bhutto took oath as the Prime Minister,
while Mr. Fazal Illahi Choudhary took oath as the President of Pakistan.

The 1973 Constitution provides for a parliamentary form of government where the executive
authority of the state vests with the Prime Minister. The President, according to the Constitution,
is at the apex, representing the unity of the Republic.

From 1947 to 1973, the country had a unicameral system of legislature. Under the 1973
Constitution, Pakistan adopted bicameral system at the centre, called “The Parliament”,
composing the President, the National Assembly and The Senate. Originally, the general seats of
the National Assembly were 200 with additional 10 seats reserved for women, bringing the total
strength to 210. The newly created Upper House i.e. the Senate had 63 members. Later in 1985
through a Presidential Order (P.O. No. 14 of 1985), seven seats were added to the general seats
and ten to the reserved seats for women in the National Assembly. Ten seats were exclusively
reserved for minorities to be filled through separate electorate system. Thus the total strength of
the lower house reached to 237 members. Similarly the strength of Senate was also increased
from 63 to 87.

Under the 1973 Constitution the National Assembly is elected for five years term, unless sooner
dissolved. The seats in National Assembly, unlike the Senate, are allocated to each province and
other units of the federation, on the basis of population. The Constitutional provision of 20
special seats for women lapsed in 1990, thus decreased the Assembly strength from 237 to
217. Under the Constitution, elections to the 10 seats reserved for minority were held on separate
electorate basis.

Despite the tenure of the Assembly being five years, as prescribed in the Constitution, Mr.
Z.A.Bhutto, on 7th January 1977 announced the holding of elections before time. Consequently,
on 10th January 1977, he advised the President to dissolve the National Assembly. Elections
were held on 7th March 1977. The opposition charged the government with rigging the elections
to the National Assembly and thereafter boycotted the Provincial Assemblies elections. Since the
opposition had not accepted the National Assembly elections result, they did not take oath. This
resulted in severe political crisis and Martial Law was imposed by the then Army Chief, General
Muhammad Zia-ul-Haq, on 5th July 1977.

On 24th December 1981, under Presidential Order (P.O.15 of 1981) a Federal Council (Majlis-e-
Shoora) was constituted by the President. Its members were nominated by the President. The first
session of this Council was held on 11th January 1982. In this way, limited and controlled
political activities were resumed, as a result of which general elections were later held for the
National and Provincial Assemblies on 25th February 1985, on non-party basis.

On 2nd March 1985, the revival of Constitution Order (P.O.14 of 1985) was issued in which a
large number of amendments were made in the Constitution. The first session of the National
Assembly was held 20th March 1985. Mr. Muhammad Khan Junejo, was nominated as the Prime
Minister of Pakistan by the President (General Zia-ul-Haq). He received vote of confidence on
24th March 1985.

In November 1985, the 8th Constitutional Amendment was adopted by the Parliament. Besides
changes in other Articles in the Constitution the significant Article 58(2)(b) was added,
according to which the President acquired discretionary powers to dissolve the National
Assembly. On 29th May 1988 the Assembly was dissolved by the President by using the power
acquired under Article 58(2)(b).

The General elections for the eighth National Assembly was held on 16th November 1988. The
first session was convened by the President on 30th November 1988. Mr. Miraj Khalid was
elected as a Speaker National Assembly on 3rd December 1988. Mohtarma Benazir Bhutto was
nominated as Prime Minister of Pakistan and took the oath of the Office on 2nd December 1988.
The Assembly was dissolved by the President, Ghulam Ishaq Khan under Article 58(2)(b) on 6th
August 1990.

The General elections for the ninth National Assembly was held on 24th October 1990. The first
session was held on 3rd November 1990. Mr. Gohar Ayub Khan elected as Speaker National
Assembly and he took oath on 4th November 1990. Mian Muhammad Nawaz Sharif took oath as
Prime Minister of Pakistan on 11th November, 1993. The Assembly was dissolved by the then
President, Ghulam Ishaq Khan, under Article 58(2)(b) on 18th April 1993. The dissolution of the
National Assembly was challenged in the Supreme Court of Pakistan and after hearing the case
the Assembly was restored by the apex court on 26th May 1993. The Assembly was dissolved on
the advice of the Prime Minister on 18th July 1993.

The elections for tenth National Assembly was held on 6th October 1993. The first session was
held on 15th October 1993. Syed Yousaf Raza Gillani took oath of the office of the Speaker
National Assembly on 17th October 1993. Mohtarma Benizar Bhutto administered the oath as
Prime Minister of Pakistan on October 19th October 1993. The Assembly was dissolved by the
President Farooq Ahmad Khan Laghari on 5th November 1996.

The elections for eleventh National Assembly was held on 3rd February 1997. The first session
was held on 15th February 1997. Mr. Illahi Bukhsh Soomro took oath of the office of the
Speaker National Assembly on 16th February 1997. Mian Muhammad Nawaz Sharif took oath
as Prime Minister of Pakistan and Leader of the House on 17th February 1997. The new
Assembly came into power with an overwhelming majority. The Article 58(2)(b) was later on
omitted from the Constitution vide 13th Amendment in the Constitution in April 1997.

It may be pertinent to note at this point that while, ostensibly, sixteen amendments have been
made in the Constitution so far, the ninth and the eleventh Constitutional Amendments were,
however, passed by the Senate alone and fifteenth by the National Assembly alone, hence these
amendments lapsed. The fourteenth Amendment in the Constitution empowered a check on floor
crossing of legislators.

Chief of Army Staff General Pervaz Musharraf, who was also Chairman Joint Staff Committee,
took over the government from Prime Minister Nawaz Sharif and declared himself as Chief
Executive through a Proclamation of Emergency, on 12th October 1999. Through Provisional
Constitutional Order (PCO) issued on October 14th 1999, he held the Constitution in abeyance,
suspended the Senate, National and Provincial Assemblies, Chairman and Deputy Chairman
Senate, Speaker, Deputy Speaker National and Provincial Assemblies and dismissed the Federal
and Provincial governments. The President Mr. Muhammad Rafiq Tarar was, however allowed
to continue in his office. Under PCO (order No. 6) 29th October 1999, (as amended by C.E.
Order No.5, 4th July 2001), the National Security Council was established for the purpose to
tender advice to the Chief Executive (later on President), on matters relating to Islamic ideology,
national security, sovereignty, integrity and solidarity of Pakistan so as to achieve the aims and
objective as enshrined in the Objectives Resolution 1949.

Syed Zafar Ali Shah, MNA and Illahi Bukhsh Soomro, Speaker National Assembly, challenged
the suspension orders in the Supreme Court. The Court in its judgment on 12th May 2000
validated the military takeover by giving three years time frame to the government, starting from
12th October 1999. The Court in its judgment asked the government to complete its agenda and
then hand over powers to the elected government. The court also allowed the military
government to bring necessary Constitutional Amendments, provided that those should not
change the basic feature of Federal Parliamentary democracy, independence of judiciary and
Islamic provisions in the Constitution. The court reserved the right of Judicial Review and power
of validity of any act or any action of the government, if challenged, in the light of State
necessity.

On 20th June 2001, through a notification (C.E. Order No.1) the Chief Executive assumed the
office of the President of Pakistan under President's Succession Order, 2001. On the same day,
through another Order (C.E. Order No. 2, 2001), the President converted the orders of
suspension of legislative bodies and their presiding officers, in to dissolution.

The elections for twelfth National Assembly was held on 10th October 2002.
The inaugural session of the National Assembly was held on November 16, 2002 and Ch Amir
Hussain and Sardar Muhammad Yaqoob were elected Speaker and Deputy Speaker respectively
on November 19, 2002. Mir Zafar ullah Jamali was elected Leader of the House on November
21, 2002 .Speaker Chaudhry Amir Hussain gave the ruling on June 14, 2003 that LFO is the part
of the Constitution of Pakistan. On this issue, Opposition Parties submitted a resolution for vote
of no confidence against Speaker National Assembly on June 20, 2003 which was rejected on
June 28, 2003.

National Assembly of Pakistan expressed confidence in the leadership of President General


Pervez Musharaf through the resolution on January 1, 2004. President General Pervez Musharaf
addressed the Joint Session of the Parliament on January 17, 2004. Prime Minister Mir
Zafarullah Khan Jamali resigned from his office on June 26, 2004. Chaudhry Shujaat Hussain
was elected the 21st Prime Minister of Pakistan on June 29, 2004 and obtained a vote of
confidence from the National Assembly on June 30, 2004. Mr. Shaukat Aziz was elected the
Leader of the House on August 27, 2004 and was administered oath of the Prime Minister of
Pakistan on August 28, 2004. National Assembly of Pakistan completed its Constitutional tenure
on November 15, 2007. After the resignation from the post of Chief of Army Staff, Mr. Pervez
Musharaf administered the oath of President of Islamic Republic of Pakistan on November 29,
2007. The date of next General Election was fixed for January 28, 2008. After the assassination
of Muhatarma Benazir Bhutto on December 27, 2007, date of election was rescheduled for
February 18, 2008

The first session of the National Assembly was held on 17th March 2008. Dr. Fehmida Mirza
and Mr.Fasial Karim Kundi were elected Speaker and Deputy Speaker of the National Assembly
respectively on March 19, 2008. Syed Yousaf Raza Gilani was elected the Prime Minister of
Pakistan by the House on March 24, 2008 and unanimously obtained the Vote of Confidence
from the House on March 29, 2008. Mr. Pervez Musharaf submitted his resignation from his
office to the Speaker National Assembly on August 18, 2008 and Mr. Asif Ali Zardari was
elected 13th President of Pakistan for next five years on September 6, 2008. He addressed the
Joint Session of the Parliament on September 20, 2008.

President Asif Ali Zardari during his address to the Joint Session of the Parliament on March 28,
2009 asked the Speaker National Assembly to form a Committee of both Houses for the purpose
of proposing amendments in the Constitution in the light of Charter of Democracy (COD). After
consultation with the leadership of all political parties in the Parliament, Speaker National
Assembly announced the Constitutional Reforms Committee (CRC) on April 29, 2009.

After the marathon consultation in 77 meetings, CRC under the Chairmanship of Senator Raza
Rabbani presented report of the Committee on 18th Amendment in the Constitution to the
Speaker National Assembly on March 31, 2010. The historic 18th Constitutional Amendment
was presented and passed by the National Assembly on April 8, 2010 and Senate on April 15,
2010 respectively. After the assent of the President on April 19, 2010, 18th Amendments became
part of Constitution of the Islamic Republic of Pakistan. 19th Amendment was passed by the
National Assembly on December 22, 2010 and Senate on December 30, 2010 respectively. 19th
Amendment became part of the Constitution after the assent of the President Asif Ali Zardari on
January 1, 2011. 20th Amendment was passed unanimously by National Assembly and Senate
on February 20, 2012.

Syed Yousaf Raza Gillani was disqualified from April 26, 2012 by the Order of the Supreme
Court of Pakistan on June 19, 2012.

Raja Pervez Ashraf was elected the Prime Minister of Pakistan on June 22, 2012 by the National
Assembly and administered oath of the Office of the Prime Minister of Pakistan on same day.

In pursuance of Article 52 of the Constitution of the Islamic Republic of Pakistan the 13th
National Assembly stands dissolved on the completion of its constitutional term of five years on
16th March 2013.

Justice (R) Mir Hazar Khan Khoso took oath as caretaker Prime Minister Islamic Republic of
Pakistan on 25th March 2013 and completed his tenure on June 5, 2013 after conducting
successful general elections in the country on 11th May 2013.

The first Session of the 14th National Assembly was held on June 1, 2013 and Speaker Dr.
Fehmida Mirza administered the oath from the newly elected Members. Sardar Ayaz Sadiq was
elected as Speaker of the 14th National Assembly of Pakistan and Mr. Murtaza Javed Abbasi as
Deputy Speaker with more than two third majority of votes on 3rd June 2013. Mian Muhammad
Nawaz Sharif elected as third time Prime Minister of the Islamic Republic of Pakistan and took
oath of the Office on 5th June 2013. The transition of power from one elected government to the
newly democratically elected government was smooth and historic milestone achieved in a very
transparent manner.

Mr. Asif Ali Zardari, the President Islamic Republic of Pakistan addresses both Houses
Assembled together (Majlis-i-Shora) on 10th June 2013 under clause 3 of Article 56 of the
Constitution of the Islamic Republic of Pakistan.

The election for the President of Islamic Republic of Pakistan was held on 30th July 2013 and
Mr. Mamnoon Hussain was elected to the office of the President. Mr. Asif Ali Zardari completed
his tenure of five years on 9th September 2013 as President Islamic Republic of Pakistan. Mr.
Mamnoon Hussain took oath of the office of the President Islamic Republic of Pakistan on 9th
September 2013. The President of the Islamic Republic of Pakistan Mr. Mamnoon Hussain
addressed the both Houses assembled together on 2nd June, 2014 under clause (3) of Article 56
of the Constitution of the Islamic Republic of Pakistan. The 14th National Assembly of Pakistan
passed its 1st budget for the year 2013-14 and Finance Act on 27th June, 2013.

The Honourable Speaker National Assembly of Pakistan constituted Special Committee of the
Parliament on “Electoral Reforms” on 25th July, 2014 for free, fair and transparent elections in
the country, after consultation with political parties leader in the Parliament.

The National Assembly of Pakistan passed its second budget for the year 2014-15 and Finance
Bill on 25th June, 2014. The National Assembly of Pakistan passed the constitutional (21st
Amendment) Act 2015 on the 6th January, 2015 and becomes Act of the Parliament on 7th
January, 2015.

The Parliament of Pakistan discussed the political situation of the country [due to Dharna in Red
Zone by Pakistan Tahreeq-e-Insaf (PTI) & Pakistan Awami Tahreeq (PAT)] in a Joint Sitting of
the Majlis-e-Shoora (Parliament) from 2nd September, 2014 to 19th September, 2014. The
Parliament of Pakistan discussed the security situation due to Yemen Crisis in a Joint Sitting of
the Majlis-e-Shoora (Parliament) from 5th April, 2015 to 10th April, 2015. The President of
People’s Republic of China, His Excellency Xi Jinping addressed the special session of the
Majlis-e-Shoora (Parliament) in Joint Sitting held on 21st April, 2015. The President of the
Islamic Republic of Pakistan Mr. Mamnoon Hussain addressed the both Houses assembled
together on 4th June, 2015 under the Clause (3) of Article 56 of the Constitution of the Islamic
Republic of Pakistan. The National Assembly of Pakistan passed the Budget for the year 2015-
16 and Finance Act 2015 on 23rd June, 2015. The Parliament of Pakistan passed number of Bills
on 21st March 2016 and on 11th April 2016 in the Joint Sitting of Majlis-e-Shoora (Parliament).
The President of Islamic Republic of Pakistan Mr. Mamnoon Hussain addressed the both Houses
assembled together on 1st June, 2016 under clause (3) of Article 56 of the Constitution of the
Islamic Republic of Pakistan.

The National Assembly of Pakistan passed the constitutional (22nd Amendment) Act, 2016 on
19th May, 2016 and becomes Act of the Parliament on 8th June, 2016. The Parliament of
Pakistan passed number of Bills in the Joint Sitting of Majlis-e-Shoora (Parliament) on 6th
October, 2016. The National Assembly of Pakistan passed the constitutional (23rd Amendment)
Act 2017 on the 30th March, 2017 and becomes Act of the Parliament. His Excellency Mr.
Mamnoon Hussain, President of the Islamic Republic of Pakistan addressed the both Houses
assembled together on 1st June, 2017 under clause (3) of Article 56 of the Constitution of
Islamic Republic of Pakistan.

The National Assembly of Pakistan passed Budget for the year 2016-17 and Finance Act 2016
on 22nd June, 2016. The Special Joint Session of Majlis-e-Shoora (Parliament) held on 17th
November, 2016. The President of Islamic Republic of Turkey, His Excellency Mr. Recep
Tayyip Erdogan addressed the Majlis-e-Shoora (Parliament) in Joint Sitting. The Honourable
Speaker welcome His Excellency, President of the Islamic Republic of Turkey. Mian
Muhammad Nawaz Sharif Prime Minister of Islamic Republic of Pakistan was disqualified by
the Supreme Court of Pakistan on 28th July, 2017.

Mr. Shahid Khakan Abbasi was elected as the Prime Minister of the Islamic Republic of Pakistan
by the National Assembly in its session held on 1st August, 2017 and was administered oath of
the Prime Minister of Pakistan on same day. The Chairman of the Parliamentary Committee on
Electoral Reforms presented the report of the Committee in National Assembly on 7th August,
2017. The National Assembly of Pakistan passed the constitutional (24th Amendment) Act 2017
on the 26th December, 2017 and becomes Act of the Parliament.
The National Assembly of Pakistan passed the Federal Budget for the year 2018-19 and Finance
Act, 2018 on 17th May, 2018. The National Assembly of Pakistan passed the constitutional (25th
Amendment) Act 2018 on the 31st May, 2018 and becomes Act of the Parliament.

In pursuance of Article 52 of the Constitution of Islamic Republic of Pakistan the 14th National
Assembly stands dissolved on completion of its five year term on 31st May, 2018. Justice (R)
Nasir-ul-Mulk: Justice (R) Nasir-ul-Mulk took oath as caretaker Prime Minister of Islamic
Republic of Pakistan on 1st June, 2018 and completed his tenure on 18th August, 2018 by
conducting general elections in the country on 25th July, 2018.

The first session of the 15th National Assembly of Pakistan was held on 13th August, 2018 and
Members elect took oath as Members of the National Assembly. Sardar Ayaz Sadiq
administered the oath from the newly elected members. Mr. Asad Qasir, MNA was elected as
21st Speaker of the National Assembly of Pakistan on 15th August, 2018. The outgoing Speaker
administered the oath from Speaker National Assembly of Pakistan.

Mr. Qasim Khan Suri was elected as Deputy Speaker of the National Assembly of Pakistan on
15th August, 2018. The Honourable Speaker, Asad Qasier administered the oath from the
Deputy Speaker. Mr. Imran Ahmed Khan Niazi was elected as Prime Minister of Islamic
Republic of Pakistan on 17th August, 2018 by the National Assembly of Pakistan in its session
held on 17th August, 2018. Mr. Imran Ahmed Khan Niazi took oath as Prime Minister of
Islamic Republic of Pakistan on 18th August, 2018.

The election of the President of the Islamic Republic of Pakistan was held on 4th September,
2018 and Dr. Arif-ur-Rehman Alvi was elected as President of the Islamic Republic of Pakistan.
Mr. Mamnoon Hussain President of the Islamic Republic of Pakistan completed his five years
term in the office on 9th September, 2018.Dr. Arif-ur-Rehman Alvi took oath of the office of the
President of the Islamic Republic of Pakistan on 9th September, 2018.

The President of the Islamic Republic of Pakistan, Dr. Arif-ur-Rehman Alvi addressed the both
houses assembled together on 17th September, 2019 under clause (3) of Article 56 of the
Constitution of the Islamic Republic of Pakistan.
The National Assembly of Pakistan passed the Finance Supplementary (Amendment) Act, 2018
on 8th October, 2018. The Parliament of Pakistan discussed “the external threats against Pakistan
by India” in a Joint Sitting of the Majlis-e-Shoora (Parliament) from 28th February, 2019 to 1st
March, 2019 and also passed Resolution to strongly condemns and blatant Indian aggression of
26th and 27th February, 2019.The National Assembly of Pakistan passed the Finance
Supplementary (Second Amendment) Act, 2018 on 9th March, 2019. The National Assembly of
Pakistan passed the budget for the year 2019-2020 and Finance Act, 2019 on 28th June, 2019.

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