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Pakistan Affairs Notes

The 1962 Constitution | Pakistan Affairs Notes for CSS-PMS

The 1962 Constitution | Pakistan Affairs Notes for CSS-PMS

1: Background

Military took over on 7 October 1958 and consequently Ayub Khan became Chief Martial Law Administrator. One major task was to frame a new Constitution. The administration was critical of Parliamentary system because it caused instability in the past. They sought stability of the nation in the gradual development of democracy.

2: 1962 Constitution Making

The government introduced Basic Democracies in October 1959. Under this system Forty Thousand basic democrats (local councilors) were to be elected in each province. They have to perform functions as local government and their role in developmental work. They also acted as an electoral college for the election of president and the national assembly.

Elections for the Basic Democracies (BD) were held in December 1959 and January 1960. Then Presidential referendum was held by the elected BD members on February 17, 1960. A Constitutional Commission was established in February 1960 under the chairmanship of Justice Shahabuddin, former Chief Justice. The tasks assigned to the Commission were:

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Pakistan Affairs Notes

The 1956 Constitution | Pakistan Affairs Notes for CSS-PMS

The 1956 Constitution | Pakistan Affairs Notes for CSS-PMS

The Constitution of 1956 was passed after long deliberations. It replaced the Interim Constitution. It has 234 Articles and 6 Schedules. It declared that the name of the country would be the Islamic Republic of Pakistan.

There was clear impact of the Government of India Act, 1935 and the Interim Constitution.

Features

1: Parliamentary System

Executive Authority vested in the President who exercised it on the advice of the Prime Minister except in the matters he had discretion.

President had ceremonial functions and exercised limited powers.

The President would be of 45 years of age, Muslim and qualified to be a member of National Assembly.

He was to be elected by National Assembly (NA) and Provincial Assemblies.

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Constitution Making (1947-56) | Pakistan Affairs Notes for CSS-PMS

Constitution Making (1947-56) | Pakistan Affairs Notes for CSS-PMS

Constitution is a basic document in the handling of domestic affairs. It sets out the framework for governance and exercise of power. It gives guiding lines of relationships among the federating units. Law making is always within its limits.

The modified Government of India Act (1935) became the Interim Constitution of Pakistan in 1947. The Constituent Assembly (CA) was given the task of framing the Constitution. The first meeting of the CA was held on August 11, 1947 at Karachi. In the lecture 17 we have discussed the constitutional issues that the CA had to deal with, mainly 6 major issues. Now we will discuss the stages of constitution making.

The process began with the passing of the Objectives Resolution (Lecture 16) in which the Islamic and democratic values were adopted as grounds for the future constitution. The Basic Principles Committee (BPC) consisting of 24 members was made to work for the constitutional powers. The various sub-committees on Federal and provincial powers, Franchise, Judiciary, and Fundamental Rights started working. Board of Talimat-i-Islamia was also set up to seek advice on the religious matters.

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Governor General and Viceroy of Indo-Pak Subcontinent

Governor General of British India (Indo-Pak Subcontinent)

Warren Hastings (1772-1785) | Governor General of British India

  • First Governor General of India. By the Regulating Act of 1773, brought the Dual government system to an end. Zamindars were given judicial powers; establishment of civil and criminal courts in each district. In 1781, he founded the Calcutta Madrasa, for promotion of Islamic studies. He founded the Asiatic Society of Bengal with William Jones in 1784. | Governor General of British India

Sir John Macpherson (1785-1786)

  • He held the post temporarily

Lord Cornwallis (1786-1793)

  • Introduced Permanent Settlement of Bengal (also called Zamindari system). It was an agreement between East India Company and Bengali landlords to fix revenues to be raised from land. He introduced Police reforms according to which each district was divided into 400 square miles and placed under a police superintendent. Introduction of Civil Services in India. | Governor General of British India

Sir John Shore (1793-1798)

  • He followed policy of non-intervention. Introduced Charter Act of 1793 | Governor General of British India