PAK STUDY

PROJECT REPORT
CONSITITUTIONAL & POLITICAL DEVELOPMENT
SUBMITTED BY: SAMRA KAMAL
ZAYNAB JAVAID
SALIHA MUJTABA
ZANIB IMTIAZ
SAFIA ALI
SABA TARIQ
SUBMITTED TO:
MAAM FAREHA IQTDAR
 TABLE OF CONTENTS
➢ Introduction
• Constitutional development (2000- 2010)
• Political development
o Brief explanation
1. Constitutional development(2000-2010)
17TH amendment
18th amendment
19th amendment
2. Political development(2000-2010)
Pervaiz Musharraf (1999 – 2008)
Asif ali zardari (2008-2013)
• Overview table/timeline
• peferences
 INTRODUCTION

CONSTITUTIONAL DEVELOPMENT:
The constitution of
Pakistan is the supreme law of Pakistan while there has been several
documents known as the CONSTITUTION OF PAKISTAN (1956 or 1973) , the
existing constitution the constitution of ISLAMIC REPUBLIC OF PAKISTAN
1973, provides for a Parliamentary system with a president as head of
state and popularly elected Prime minister as head of government.
This constitution represents a consensus on three issues. the role of Islamic
the sharing of power between federal government and the provinces and
the division of responsibility between the president and the prime minister,
in keeping with parliamentary system with a greatly strengthened position
of the latter.
 DEC, 31st 1972. it was unanimously passed by the assembly in session on
April 12, 1973 and was authenticated by the president on April 12,
1973.this constitution called the CONSTITUTION OF THE ISLAMIC REPUBLIC
OF PAKISTAN,1973 was promulgated on Aug 14,1973. Islam was declared
the state religion of Pakistan. On the same day Zulfikar ali Bhutto took oath
as the prime minister, while Fazal Elahi Choudhary took oath as the
president of Pakistan. The 1973 constitution has been amended 21 times.it
is now a different doc. altogether with each ruler or government seeking to
amend it to suite it to their own vested political interests. Amendments are
being made not for the good of people but for the rulers and legislators
themselves.
There are 17th, 18th or 19th amendments to the constitution of Pakistan
1973 from period 2003 to 2010.
▪ 17th (passed in December 2003)
▪ 18th (passed in April, 8 2010)
▪ 19th (passed in December, 22 2010)

POLITICAL DEVELOPMENT:
ISLAMIC REPUBLIC OF PAKISTAN began on 14 august
1947, when the country becomes independent nation. Pakistan had a colorful yet
turbulent history at times, often characterized by martial law & inefficient
leadership. LAIQUAT ALI KHAN become the first prime minister and JINNAH
becomes the first governor general. Jinnah died in 1948. After Jinnah from 1948
to 1951 NAZIM U DIN elected as a 2nd governor general & from 1951 to 1953 he
becomes the prime minister of Pakistan. AYUB KHAN’S era was from 1958 to
1969 as a chief marshal law (1st marshal law). After Ayub khan, GENERAL YAHYA
KHAN was selected from 1969 to 1971(2nd marshal law) then ZULFIKAR ALI
BHUTTO from 1971-77. In 1977 to 1988 ZIA UL HAQ as a chief marshal law (3rd
marshal law). BENAZIR BHUTTO’S era from 1988 to 1991. The rule of NAWAZ
SHARIF from 1990 to 1993, she (Benazir Bhutto) also took oath as a prime
minister of Pakistan on 1993 and it ends in 1996. NAWAZ SHARIF also elected as a
prime minister in 1997 to 1999. From 1999 to 2008 PERVEZ MUSHARRAF as a
chief marshal law (4th marshal law).

We will further explain the political development from period 2000-2010 in

explanation.

CONSTITUTIONAL DEVEOPMENT
There were three amendments took place in the era.

o 17th amendment (2003)

o 18th amendment (8th APRIL 2010)
o 19TH amendment (22nd DEC 2010)

17TH AMENDMENT: MADE CHANGES DEALING WITH OFFICE AND REUERSAL OF

EFFECT OF 13TH AMENDMENT.

17th amendments were an amendment passed in between 2003, when there as

argue between supporters and opponents of President Pervez Musharraf.

This amendment made changes to Pakistan constitution. Some

important points are as following;

➢ Musharraf’s LFO was largely incorporated into the constitution.

➢ Article 63(1)(d) , intend of this was to prohibit a person from holding both
political office and an “office of profit”.
Parliament later passed in 2004, to president to hold seal of chief of army
staff, which he exercised.
➢ Musharraf won voted in 2004, 1st JAN and elected as president, after the
passage at this amendment.
➢ President regain authority to dissolve NA to dismiss PM, but power to do
so is made subject to an approval or veto by supreme court of Pakistan.
 ➢ A governor’s power to dissolve a provincial assembly is similarly subject to
Supreme Court approval.
➢ Article 152A, which dealt with the NSC, was annulled.

18TH AMENDMENT:
The 18th amendment of the constitution was passed by NA-of Pakistan on 8th
April 2010 removing the power of the president to dissolve the parliament and
charging semi-presidential to parliamentary system .this power was enacted by
8th amendment during era of General M.Zia-ul-haq, before it was removed by
then PM Nawaz Sharif during his 2nd term by the 13th amendment .it was then
finally restored by Musharraf by 17th amendment .this amounted to the only
democratically elected parliament to fully complete its tenure in the history of
Pakistan from 2003-2008 ; under Musharraf .

The second parliamentary term was completed by PPP led govt. from 2008-2013
which passed the 18th amendment renamed NWFP to Khyber-Pakhtunkhwa.

The package was to canter powers amassed by the presidency under former
Presidents General Zia-ul-haq and General Musharraf and to ease political
instability in Pakistan. The amendment bill was passed by senate of Pakistan and
it became an act of parliament when President Asif Ali his signature on bill on 19th
April 2010. It was first time In Pakistan’s history that president relinquished a
significant part of his power willingly and transferred to parliament and the office
of PM.

CHANGES TO CONSTITUTION:
➢ The ban on third time prime minister ship and chief minister ship has been
lifted.
➢ Holding constitution in abeyance is tantamount to high treason.
➢ The Council of common interests (CCI) has been reconstituted with the
prime minister as its chairperson and the body should meet at least once in
90 days.
 ➢ A judicial commission will recommend the appointment procedure of
superior judges and the final names of judges will be decided by
parliamentary commission.
➢ A chief election commission will be appointed through consensus between
treasury and opposition.
➢ Establishment of Islamabad high court and benches of high court in
Mingore and Turbat.
➢ Recognition of the children’s right to education and insertion of a new
section under Article 25A to provide free and compulsory education to all
girls and boys up to age 16.
➢ The power to dissolve the parliament was withdrawn from the president .

19TH AMENDMENT:
26 amendments to the present article constitution were proposed. The 19th
amendment has taken powers from the Chief Justice of Pakistan for the
appointment of ad hoc judges and transferred them to the judicial commission of
Pakistan (JCP). The president will now carry out the appointments on the
recommendation of the JCP, under the new law 4 instead of 2 most senior judge
will be appointed in the JCP.

The Tribes area, adjoining Laki Marwat and Tank districts, and declared to be part
of FATA.

Name of the High court of Islamabad was changes to Islamabad high court.

The 19th amendment bill also proposed an amendment in Article 175-A which
binds the parliamentary committee to justify its decision in case it rejected any
nominee of the judicial commission for the appointment of judges.

Prime minister was included in the appointment procedure of judges.

Parliamentary committee shall send the name of the nominee confirmed by it, to
the prime minister who shall forward iy to the president.

The 19th amendment bill also proposed that committee meetings will be held in
camera and a record of its proceedings shall be maintained.
The parliament committee, not the parliament will be allowed to discuss and
consider the conduct of judges.

In the 19th amendment bill, the constitution reforms committee has also
proposed amendments composition of judicial commission for the appointment
of judges of the high court.

POLITICAL DEVELOPMENT FROM PERIOD

(2000 TO 2010)
OVERVIEW TABLE/TIMELINE
MAIN EVENTS (2000 – 2010)
• In 1999 marshal law imposed 02nd OCT 1999
In Pakistan
• Musharraf becomes the 20 th JUNE 2001
President
• Musharraf wins the referendum 30th APRIL 2002
On staying as a president for 5
Years
• Nawaz Sharif along with his family DEC 2000
Sent into exile in Saudi Arabia
• General election were held under 10th OCT 2002
Musharraf govt. , zafarullah khan
Jamali was prime minister of
PML-Q
• The legal framework order & 29th DEC 2003
Renewed political crisis
• Nuclear proliferation scandal FEB 2004
• Shuket aziz as a prime minister JULY 2004
• 2007 , year of change political 09th MARCH 2007
Crisis
• Benazir Bhutto’s death 27th DEC 2007
 • Yousuf raza gilani as a prime 25 th MARCH 2008
Minister
• 2008 Elections
• Asif ali zardari as a prime 06 th SEP 2008
minister
• Long march 25 th FEB 2009
• 18th amendment in Pakistani 19 th APRIL 2010
constitution

PERVAZ MUSHARRAF (1999 to 2000)

• MARSHAL LAW IMPOSED IN PAKISTAN:

2 October 1999 was the important day in the history of Pakistan. It was the
darkest day for the democracy of Pakistan. This was the day; Musharraf took the
charge of the country by enforcing Martial Law and ruled out the democracy.
Imposing Martial Law is treason and violation of Article 6 of 1973 Constitution of
Pakistan. This was all due to the hide and seek between that times Government
and Army.

• PRESIDENT:

Musharraf officially became head of the Pakistani state on 20 June 2001.

• MUSHARAF WINS THE REFERENDUM:

30 April 2002, when he held a referendum to confirm himself as president for the
next 5 years. The government claimed a 60 percent turnout in which 97 percent
of voters approved of Musharraf remaining as president. The press, international
monitoring groups, human rights organizations, and all domestic political parties
accused the government of electoral fraud. Independent observers put the
turnout at between 10 and 20 percent.

• NAWAZ SHARIF ARRASTED AND CHARGED OF MURDER

ATTEMPT:
Nawaz Sharif, and six others, on trial for attempted murder and hijacking in
relation to the October coup. The charges were centered around the allegation
that Sharif had ordered landing rights denied to a plane carrying Musharraf and
200 other people, said to have been dangerously low on fuel. Acting immediately,
General Musharraf dashed for the Karachi-bound Pakistan International Airlines
PK805 flight from Colombo. His Plane did not allow to land at the airport, his
plane circling the Karachi Airport almost 200 minutes. At last his Plane succeeds
to land at about 19:47 just before ran out of fuel. General Musharraf has since
said that the plane had only seven minutes of fuel remaining. All the High
Commands of Army did not accept the order of Musharraf’s retirement which was
given by that times Prime Minister. At 22:30 the news came, Prime Minister
Nawaz Sharif had been dismissed and Martial Law had been imposed and the
National Assembly and Senate had been dissolved.

The charges also alleged that Sharif had attempted to collect men and had
sought to kill Musharraf. Sharif was convicted in April 2000 and sentenced to life
in prison. By May he was put on trial again by the Musharraf government on
charges of corruption.

• NAWAZ SHARIF ALONG WITH HIS FAMILY, SENT INTO EXILE

IN SAUDI ARABIA:
In July he was convicted on charges of tax evasion. Sharif's legal defense team
boycotted these trails on numerous occasions in protest of the fairness of the
proceedings. In December 2000, Sharif went into self-imposed exile in Saudi
Arabia.

• 2002 ELECTIONS:
General elections were held under MUSHARAF’S Govt. on 10th Oct 2002 Pakistan's
National Assembly elected Mir Zafarullah Khan Jamali as the country's first civilian
prime minister since the 1999 military coup.

• THE LEGAL FRAMEWORK ORDER AND RENEWD POLITICAL

CRISIS:
In late 2003 Pakistan's year-long political crisis came to an end with a landmark
agreement between the ruling party and the opposition over controversial
constitutional amendments introduced by President Pervez Musharraf. The deal
came following a year of negotiations and debate between the pro-Musharraf
ruling party and the leading opposition alliance of religious groups, the Mutahidda
Majlis-e Amal. In exchange for the president's promise to quit his military post,
the MMA agreed to support a series of constitutional changes that give sweeping
powers to the office of the president. However, the opposition refused to
recognize the amendments unless they were approved in the legislature by a two-
thirds majority, as called for in the constitution.

On 29 December 2003 the National Assembly passed the 17th Constitutional

Amendment Bill, the Legal Framework Order (LFO), with a two-thirds majority.
The MMA was the only opposition party that supported the government to
further amend the Constitution. General Musharraf publicly pledged to quit as
army chief by December 2004. Musharraf would remain president after removing
his military uniform. In exchange for his pledge to step down as head of the Army
in 2004, he received a promise from the parties to support the ratification of
constitutional amendments. The passage of the LFO was followed by an
assassination attempt in which Musharraf narrowly escaped.

• NUCLEAR PROLIFERATION SCANDLAL:

The Pakistani political establishment was rocked by the nuclear proliferation
scandal of Abdul Qadeer Khan during the early months of 2004. President
Musharraf in February 2004 following Khan's admission to transferring nuclear
secrets to states like North Korea.

• SHUKAT AZIZ AS A PRIME MINISTER:

In July 2004 Pakistan's Prime Minister designate Shaukat Aziz survived a suicide
attack aimed at him by al Qaida militants. Aziz would go on to win two by-
elections in August paving the way to his assumption of the role of Prime
Minister. At the end of August Aziz became Prime Minister of Pakistan.

• 2007: YEAR OF CHANGE :

he year 2007 brought a massive political crisis to Pakistan. Rooted in President
Musharraf's initial idea of stepping down in 2007 and his subsequent plans to
stand in the long proposed 2007 elections, political crisis rapidly built up. Perhaps
the most serious inciting incident came on 9 March 2007, when Musharraf
suspended Iftikhar Chaudhry, Chief Justice of the Pakistani Supreme Court, who
had largely been expected to rule that it would be illegal for Musharraf to stand in
the upcoming elections. Suited lawyers and other took the streets in protest,
leading to violent confrontations with Pakistani police and paramilitary forces.
Protests continued for months, while Musharraf attempted to tout Pakistan's
record in counter-terrorism operations as an indication of the success of his
leadership.
Musharraf survived final challenges to his stand for election by finally following
through on his promise to give up his military authority. He was sworn in as the
civilian president of Pakistan in November 2007. He lifted his Emergency Rule
provision in December 2007, and all seemed on track for the election.

• BENAZIR BHUTTO’S DEATH:

On 27 December 2007 Benazir Bhutto was assassinated during a political rally in
Rawalpindi. Her death drew international condemnation and various accusations
and questions both inside and outside Pakistan as to the perpetrators and any
complicity on the part of Pakistani security forces. No link was substantiated to
the Pakistani government and elections were delayed until February from
January. Musharraf vowed to apprehend the killers, a statement that drew some
residual criticism as insincere.

• YOUSUF RAZA GILANI AS A PRIME MINISTER:

Yousuf Raza Gilani was appointed Prime Minister on 22 March and sworn in on 25
March 2008. On 29 March 2008 Gillani received a unanimous vote of confidence
from the Parliament; this gave the new government six months to move forward
and tackle significant economic and terrorism challenges. Gillani then outlined the
coalition government's "First 100 Days" plan. After weeks of difficult negotiations,
the Pakistan People's Party (PPP) and its coalition partners came to an agreement
on the first tranche of cabinet ministers.

• 2008 ELECTION:
In March 2008, Raza Gilani from the PPP was sworn in as Prime Minister.
On 12 May 2008, Nawaz Sharif announced that the PML-N was leaving the
government headed by the PPP, because of differences over the handling of
Supreme Court justices sacked by President Musharraf during 2007.

On 18 August 2008, under domestic political pressure from Pakistan's coalition

government, Musharraf resigned from the presidency marking the end of an era.

On 25 August 2008 Pakistan's former Prime Minister Nawaz Sharif announced his
Muslim League-N party is quitting the ruling coalition, putting the alliance at risk
ahead of elections for the country's Presidency.

ASIF ALI ZARDARI (2008 TO 2013):

• PRIME MINISTER :
On 06 September 2008 Asif Ali Zardari won an estimated 482 of the 702 votes
from lawmakers to become what some believe will be Pakistan's most powerful
civilian leader. Asif Ali Zardari won the majority of votes in three of the country's
four provincial assemblies as well as in both houses of parliament. Zardari's win
capped a remarkable political revival for a man who spent 11 years in prison on
corruption and murder charges - without ever being convicted.

• LONG MARCH:
A political crisis was sparked by a 25 February 2009 Supreme Court ruling which
stated that Nawaz Sharif and his brother Shahbaz were ineligible to contest
elections and hold public office. This removed Shahbaz Sharif as Chief Minister of
Punjab and maintained the bar on Nawaz Sharif taking a seat in Parliament.
Immediately afterwards, President Zardari imposed Governor's rule in Punjab.
The crisis reached its height during the Long March, which began on 12 March
2009. This was a march on Islamabad from across Pakistan organized by the
Lawyers Movement, who has been calling for the reinstatement of Chief Justice,
Iftikhar Chaudhry, and removal of the judges appointed by Musharraf under a
constitutional order for two years. Nawaz and other opposition parties strongly
supported the cause the crisis ended on 16 March when Prime Minister Gilani
announced that the Government would restore the former Chief Justice and file
for a review of the Supreme Court decision on the Sharif’s. Governors Rule was
subsequently lifted in Punjab on 30 March.

• 18TH AMENDMENT IN PAKISTANI CONSTITUATION:

On April 19, 2010 President Asif Ali Zardari signed into law the 18th Amendment
to the Pakistani Constitution. The amendment realigned executive powers by
restoring the prime minister as the premier civilian official and returning the
presidency to its original, more ceremonial role, largely eliminates the 17th
amendment constitutional changes made by former President Musharraf to
strengthen the presidency. Zardari thus gave up key presidential powers.

REFERENCES:

• Constitutional development and political history of Pakistan

(Book by HAMID KHAN)
• Pakistan and world affairs
(Book by SHAMSHAD AHMAD)
• https://www.britannica.com/place/Pakistan/The-Pervez-
Musharraf-government
• https://www.globalsecurity.org/military/world/pakistan/politics-
4.htm