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332443970-05-Constitution-of-Pakistan.pdf

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The document outlines key aspects of the Constitution of Pakistan, including that it is the supreme law of the land. It establishes the separation of powers among the legislature, executive, and judiciary. The constitution also guarantees fundamental rights to citizens and establishes Islam as the state religion.

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The Constitution of Islamic Republic of Pakistan
The Constitution • Constitution is the fundamental and supreme law of the state. The constitution reigns supreme over all other laws promulgated by the federal and provincial legislature • Constitution sets forth principles about the relationships between citizens and their government • It outlines the basic structure of the State
The Constitution Constitution lays down and governs the relationships between the following organs of state on the principle of the separation of powers: • Legislature • Executive and • Judiciary
The Constitution The Principle of Separation of Power • The principle/doctrine of separation of powers suggests that principal institutions of State– Executive, Legislature and Judiciary should be divided in person and in function in order to establish balance in the system.
The Constitution The Principle of Separation of Power According to a strict interpretation of the separation of powers, none of the three branches may exercise the power of the other, nor should any person be a member of any two of the branches. Instead, the independent action of the separate institutions should create a system of checks and balances between them.
The Constitution The Principle of Separation of Power o Legislature makes law; o Executive is to carry out the different functions according to law; and o Judiciary performs the function of dispensation of justice and interpretation of legal provisions.
Prime Objectives of Doctrine Separation of Powers • Avoid concentration of powers in any one organ of State • Every organ to function within its prescribed domain • Providing a system that is vested with features of Checks and Balance. (Checks of different organs of State on one another in order to establish a balanced system)  Powers/ Authority --- Checks ---- Balance
Salient Features of the Constitution Introductory • Islam to be State Religion • High Treason- any one who abrogates or suspends constitution shall be guilty of high treason
Salient Features of the Constitution Fundamental Rights and Principles of Policy
Salient Features of Constitution The Federation of Pakistan The President is Head of State according to Article 41 of the Constitution. According to Article 7 State means: • The Federal Government, • Majlis-e-Shoora (Parliament), • A Provincial Government and • Such local or other authorities in Pakistan as are by law empowered to impose any tax or cess
Salient Features of the Constitution Provinces– these are comprised of: • The Governors • Provincial Assemblies • The Provincial Governments
Salient Features of the Constitution The Judicators • The Courts • Appointment of Judges to the Supreme Court, High Courts and Federal Shariat Court
Salient Features of the Constitution Elections • Chief Election Commissioner and Election Commission • Electoral Laws
Salient Features of the Constitution Islamic Provisions • Composition of Islamic Council
Salient Features of the Constitution General • Protection to President, Governor, Minister etc; (Art. 248)
Fundamental Rights Guaranteed By The Constitution
Fundamental Rights Artcle-8 Laws inconsistent with or in derogation of Fundamental Rights to be Void. Fundamental Rights: • Article-9 Security of person • Article-10 Safeguard as to arrest and detention • Article-10A Right to fair trial • Article-11 Slavery, forced labor prohibited • Article-12 Protection against retrospective punishment
Fundamental Rights • Article-13 Protection against double punishment and self incrimination • Article-14 Inviolability of dignity of man, etc. • Article-15Freedom of movement, etc. • Article-16 Freedom of assembly • Article-17 Freedom of association • Article-18 Freedom of trade, business or profession
Fundamental Rights • Article- 19 Freedom of speech, etc. • Article- 19A Right to information • Article- 20 Freedom to profess religion and to manage religious institutions • Article-21 Safeguard Against taxation for purposes of any particular religion.
Fundamental Rights • Article-22 Safeguard as to educational institutions in respect of religion, etc. • Article-23 Provision as to property • Article-24 Protection of property rights • Article-25 Equality of citizens • Article- 25A Rights to education • Article- 26 Non-discrimination in respect of access to public places
Fundamental Rights • Article-27 Safeguard against discrimination in services • Article-28 Preservation of language, script and culture
Significant Articles Articles-8, 10, 11, 17, 18, 21, 23, 24, 25, 25-A, 27
Fundamental Rights Laws inconsistent with or in derogation of Fundamental Rights to be Void. Artcle-8 Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred in this chapter (chapter1), shall, to the extent of such contravention, be void. Security of person. Article 9 • No person shall be deprived of life or liberty save in accordance with law.
Fundamental Rights Safeguard as to arrest and detention. Article 10 • No person who is arrested shall be detained in custody without being informed. • Every person who is arrested and detained in custody shall be produced before a magistrate within a period of twenty-four hours of such arrest.
Fundamental Rights Rights to fair trial Article. 10A • For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process
Fundamental Rights Slavery, forced labor prohibited. Article 11 • Slavery is non-existent and forbidden and no law shall permit or facilitate its introduction into Pakistan in any form. • All form of forced labour and traffic in human beings are prohibited. • No child below the age of fourteen years shall be engaged in any factory or mine or any other hazardous employment.
Fundamental Rights Protection against retrospective punishment Article 12 No law shall authorize the punishment of a person-- • For an act and omission that was not punishable by law at the time of the act or omission was committed.
Fundamental Rights Protection against double punishment and self incrimination. Article 13 • No person-- • Shall be prosecuted or punished for the same offence more than once; or • Shall, when accused of an offence, be compelled to be a witness against himself.
Fundamental Rights Inviolability of dignity of man, etc. Article-14 • The dignity of man and, subject to law, the privacy of home shall be inviolable. • No person shall be subjected to torture for the purpose of extracting evidence.
Fundamental Rights Freedom of movement, etc. Article-15 • Every citizen shall have the right to remain in, and subject to any reasonable restriction imposed by law in the public interest, enter and move freely throughout Pakistan and to reside and settle in any part thereof.
Fundamental Rights Freedom of assembly. Article 16 • Every citizen shall have the right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order.
Freedom of association-- Article 17 • Every citizen shall have the right to form associations and unions subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality. • Every citizen not being in the services of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan. • Every political party shall account for the source of its funds in accordance with law.
Fundamental Rights Freedom of trade, business or profession Article 18 • Subject to such qualifications, if any, as may be prescribed by law, every citizen shall have right to enter upon any lawful profession or occupation, and to conduct any lawful trade and business: • Provided that nothing in this article shall prevent-- a) the regulation of any trade and profession by a licensing system; or
Fundamental Rights Freedom of trade, business or profession. Article 18 b)the regulation of trade, commerce or industry in the interest of free competition therein; or c)the carrying on, by the Federal government or a provincial Government, or by the corporation controlled by any such Government, of any trade, business, industry or service, to the exclusion, complete or partial, of other persons.
Fundamental Rights Freedom of speech, etc. Article 19 • Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law.
Fundamental Rights Right to information. Article 19A • Every person shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law.
Fundamental Rights Freedom to profess religion and to manage religious institutions. Article 20 Subject to law, public order and morality,-- • Every citizen shall have the right to profess, practice and propagate his religion, and • Every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions.
Fundamental Rights Safeguard Against taxation for purposes of any particular religion. Article 21 • No person shall be compelled to pay any special tax the proceeds of which are to be spent on the propagation or maintenance of any religion other than his own.
Fundamental Rights Safeguard as to educational institutions in respect of religion, etc. Article 22 • No person attending any educational institution shall be required to receive religious instruction, or take part in any religious ceremony, or attend religious worship, if such instruction, ceremony or worship relates to a religion other than his own.
Fundamental Rights Provision as to property. Article 23 • Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan, subject to the constitution and any reasonable restrictions imposed by law in the public interest .
Fundamental Rights Protection of property rights. Article 24 1)No person shall be deprived of his property save in accordance with law. 2)No property shall be compulsorily acquired or taken possession of save for a public purpose, and save by the authority of law which provides for
Fundamental Rights Equality of citizens. Article 25 • All citizens are equal before law and are entitled to equal protection of law. • There shall be no discrimination on the basis of sex • Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.
Fundamental Rights • Right to education. Article 25A • The State shall provide free and compulsory education to all children of age of five to sixteen years in such manner as may be determined by law.
Fundamental Rights Non-discrimination in respect of access to public places. Article 26 • In respect of access to places of public entertainment or resort, not intended for religious purposes only, there shall be no discrimination against any citizen on the ground of only race, religion, caste, sex, residence or place of birth.
Fundamental Rights Safeguard against discrimination in services Article 27 • No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth
Fundamental Rights • Preservation of language, script and culture Article 28 • Subject to Article 251 any section of citizens having a distinct language, script or culture shall have the right to preserve and promote the same and subject to law, establish institutions for that purpose.

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332443970-05-Constitution-of-Pakistan.pdf

  • 2. The Constitution • Constitution is the fundamental and supreme law of the state. The constitution reigns supreme over all other laws promulgated by the federal and provincial legislature • Constitution sets forth principles about the relationships between citizens and their government • It outlines the basic structure of the State
  • 3. The Constitution Constitution lays down and governs the relationships between the following organs of state on the principle of the separation of powers: • Legislature • Executive and • Judiciary
  • 4. The Constitution The Principle of Separation of Power • The principle/doctrine of separation of powers suggests that principal institutions of State– Executive, Legislature and Judiciary should be divided in person and in function in order to establish balance in the system.
  • 5. The Constitution The Principle of Separation of Power According to a strict interpretation of the separation of powers, none of the three branches may exercise the power of the other, nor should any person be a member of any two of the branches. Instead, the independent action of the separate institutions should create a system of checks and balances between them.
  • 6. The Constitution The Principle of Separation of Power o Legislature makes law; o Executive is to carry out the different functions according to law; and o Judiciary performs the function of dispensation of justice and interpretation of legal provisions.
  • 7. Prime Objectives of Doctrine Separation of Powers • Avoid concentration of powers in any one organ of State • Every organ to function within its prescribed domain • Providing a system that is vested with features of Checks and Balance. (Checks of different organs of State on one another in order to establish a balanced system)  Powers/ Authority --- Checks ---- Balance
  • 8. Salient Features of the Constitution Introductory • Islam to be State Religion • High Treason- any one who abrogates or suspends constitution shall be guilty of high treason
  • 9. Salient Features of the Constitution Fundamental Rights and Principles of Policy
  • 10. Salient Features of Constitution The Federation of Pakistan The President is Head of State according to Article 41 of the Constitution. According to Article 7 State means: • The Federal Government, • Majlis-e-Shoora (Parliament), • A Provincial Government and • Such local or other authorities in Pakistan as are by law empowered to impose any tax or cess
  • 11. Salient Features of the Constitution Provinces– these are comprised of: • The Governors • Provincial Assemblies • The Provincial Governments
  • 12. Salient Features of the Constitution The Judicators • The Courts • Appointment of Judges to the Supreme Court, High Courts and Federal Shariat Court
  • 13. Salient Features of the Constitution Elections • Chief Election Commissioner and Election Commission • Electoral Laws
  • 14. Salient Features of the Constitution Islamic Provisions • Composition of Islamic Council
  • 15. Salient Features of the Constitution General • Protection to President, Governor, Minister etc; (Art. 248)
  • 17. Fundamental Rights Artcle-8 Laws inconsistent with or in derogation of Fundamental Rights to be Void. Fundamental Rights: • Article-9 Security of person • Article-10 Safeguard as to arrest and detention • Article-10A Right to fair trial • Article-11 Slavery, forced labor prohibited • Article-12 Protection against retrospective punishment
  • 18. Fundamental Rights • Article-13 Protection against double punishment and self incrimination • Article-14 Inviolability of dignity of man, etc. • Article-15Freedom of movement, etc. • Article-16 Freedom of assembly • Article-17 Freedom of association • Article-18 Freedom of trade, business or profession
  • 19. Fundamental Rights • Article- 19 Freedom of speech, etc. • Article- 19A Right to information • Article- 20 Freedom to profess religion and to manage religious institutions • Article-21 Safeguard Against taxation for purposes of any particular religion.
  • 20. Fundamental Rights • Article-22 Safeguard as to educational institutions in respect of religion, etc. • Article-23 Provision as to property • Article-24 Protection of property rights • Article-25 Equality of citizens • Article- 25A Rights to education • Article- 26 Non-discrimination in respect of access to public places
  • 21. Fundamental Rights • Article-27 Safeguard against discrimination in services • Article-28 Preservation of language, script and culture
  • 22. Significant Articles Articles-8, 10, 11, 17, 18, 21, 23, 24, 25, 25-A, 27
  • 23. Fundamental Rights Laws inconsistent with or in derogation of Fundamental Rights to be Void. Artcle-8 Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred in this chapter (chapter1), shall, to the extent of such contravention, be void. Security of person. Article 9 • No person shall be deprived of life or liberty save in accordance with law.
  • 24. Fundamental Rights Safeguard as to arrest and detention. Article 10 • No person who is arrested shall be detained in custody without being informed. • Every person who is arrested and detained in custody shall be produced before a magistrate within a period of twenty-four hours of such arrest.
  • 25. Fundamental Rights Rights to fair trial Article. 10A • For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process
  • 26. Fundamental Rights Slavery, forced labor prohibited. Article 11 • Slavery is non-existent and forbidden and no law shall permit or facilitate its introduction into Pakistan in any form. • All form of forced labour and traffic in human beings are prohibited. • No child below the age of fourteen years shall be engaged in any factory or mine or any other hazardous employment.
  • 27. Fundamental Rights Protection against retrospective punishment Article 12 No law shall authorize the punishment of a person-- • For an act and omission that was not punishable by law at the time of the act or omission was committed.
  • 28. Fundamental Rights Protection against double punishment and self incrimination. Article 13 • No person-- • Shall be prosecuted or punished for the same offence more than once; or • Shall, when accused of an offence, be compelled to be a witness against himself.
  • 29. Fundamental Rights Inviolability of dignity of man, etc. Article-14 • The dignity of man and, subject to law, the privacy of home shall be inviolable. • No person shall be subjected to torture for the purpose of extracting evidence.
  • 30. Fundamental Rights Freedom of movement, etc. Article-15 • Every citizen shall have the right to remain in, and subject to any reasonable restriction imposed by law in the public interest, enter and move freely throughout Pakistan and to reside and settle in any part thereof.
  • 31. Fundamental Rights Freedom of assembly. Article 16 • Every citizen shall have the right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order.
  • 32. Freedom of association-- Article 17 • Every citizen shall have the right to form associations and unions subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality. • Every citizen not being in the services of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan. • Every political party shall account for the source of its funds in accordance with law.
  • 33. Fundamental Rights Freedom of trade, business or profession Article 18 • Subject to such qualifications, if any, as may be prescribed by law, every citizen shall have right to enter upon any lawful profession or occupation, and to conduct any lawful trade and business: • Provided that nothing in this article shall prevent-- a) the regulation of any trade and profession by a licensing system; or
  • 34. Fundamental Rights Freedom of trade, business or profession. Article 18 b)the regulation of trade, commerce or industry in the interest of free competition therein; or c)the carrying on, by the Federal government or a provincial Government, or by the corporation controlled by any such Government, of any trade, business, industry or service, to the exclusion, complete or partial, of other persons.
  • 35. Fundamental Rights Freedom of speech, etc. Article 19 • Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law.
  • 36. Fundamental Rights Right to information. Article 19A • Every person shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law.
  • 37. Fundamental Rights Freedom to profess religion and to manage religious institutions. Article 20 Subject to law, public order and morality,-- • Every citizen shall have the right to profess, practice and propagate his religion, and • Every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions.
  • 38. Fundamental Rights Safeguard Against taxation for purposes of any particular religion. Article 21 • No person shall be compelled to pay any special tax the proceeds of which are to be spent on the propagation or maintenance of any religion other than his own.
  • 39. Fundamental Rights Safeguard as to educational institutions in respect of religion, etc. Article 22 • No person attending any educational institution shall be required to receive religious instruction, or take part in any religious ceremony, or attend religious worship, if such instruction, ceremony or worship relates to a religion other than his own.
  • 40. Fundamental Rights Provision as to property. Article 23 • Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan, subject to the constitution and any reasonable restrictions imposed by law in the public interest .
  • 41. Fundamental Rights Protection of property rights. Article 24 1)No person shall be deprived of his property save in accordance with law. 2)No property shall be compulsorily acquired or taken possession of save for a public purpose, and save by the authority of law which provides for
  • 42. Fundamental Rights Equality of citizens. Article 25 • All citizens are equal before law and are entitled to equal protection of law. • There shall be no discrimination on the basis of sex • Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.
  • 43. Fundamental Rights • Right to education. Article 25A • The State shall provide free and compulsory education to all children of age of five to sixteen years in such manner as may be determined by law.
  • 44. Fundamental Rights Non-discrimination in respect of access to public places. Article 26 • In respect of access to places of public entertainment or resort, not intended for religious purposes only, there shall be no discrimination against any citizen on the ground of only race, religion, caste, sex, residence or place of birth.
  • 45. Fundamental Rights Safeguard against discrimination in services Article 27 • No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth
  • 46. Fundamental Rights • Preservation of language, script and culture Article 28 • Subject to Article 251 any section of citizens having a distinct language, script or culture shall have the right to preserve and promote the same and subject to law, establish institutions for that purpose.