Mulvi Tamizuudin vs State of Pakistan: The Dissolution of the Constituent Assembly and the Evolution of the Doctrine of Necessity

Mulvi Tamizuudin vs State of Pakistan: The Dissolution of the Constituent Assembly and the Evolution of the Doctrine of Necessity

Introduction 

The case of Mulvi Tamizuudin vs State of Pakistan marks a significant moment in Pakistan's constitutional history. It revolves around the dissolution of the Constituent Assembly and the subsequent legal battles that ensued. This article explores the circumstances leading to the dissolution, the decision of the Sindh Chief Court, the subsequent reversal by the Federal Court, and the evolution of the doctrine of necessity.

1. Background and Dissolution of the Constituent Assembly 

The Constituent Assembly of Pakistan was formed in 1947 to draft a constitution for the newly independent nation. However, political instability and conflicts emerged, leading to the Governor-General's decision to dissolve the assembly in October 1954. This move was met with legal challenges, one of which was Mulvi Tamizuudin's petition filed in the Sindh Chief Court.

2. The Decision of the Sindh Chief Court 

The Sindh Chief Court, under Chief Justice Sir Abdul Rashid, heard the case and ruled in favor of Mulvi Tamizuudin in 1955. The court declared the dissolution of the Constituent Assembly as unconstitutional and stated that it could only be dissolved in accordance with the provisions laid out in the Government of India Act, 1935.

3. Reversal by the Federal Court 

The State of Pakistan, dissatisfied with the Sindh Chief Court's decision, appealed to the Federal Court, the highest judicial body at the time. The Federal Court, headed by Chief Justice Muhammad Munir, overturned the Sindh Chief Court's ruling in May 1955. The court concluded that the Governor-General's decision to dissolve the Constituent Assembly was valid under the "doctrine of necessity."

4. Evolution of the Doctrine of Necessity

The doctrine of necessity refers to a legal principle that justifies certain actions in exceptional circumstances, particularly when strict adherence to the law may lead to disastrous consequences. The Federal Court's ruling in the Mulvi Tamizuudin case played a pivotal role in establishing and evolving this doctrine in Pakistan's legal framework.

The doctrine of necessity, as evolved through this case, has been subsequently invoked on several occasions in Pakistan's history to legitimize extraordinary actions taken by political and military authorities. However, it has also been subject to criticism for its potential misuse as a tool to consolidate power and undermine democratic processes.

5. Impact and Legacy 

The Mulvi Tamizuudin case and the subsequent endorsement of the doctrine of necessity set a precedent for future challenges to constitutional order in Pakistan. It opened the door for future interventions and suspensions of democratic institutions and processes, with subsequent governments citing the doctrine to justify their actions.

Conclusion 

The Mulvi Tamizuudin vs State of Pakistan case remains a crucial milestone in Pakistan's constitutional history. It not only led to the dissolution of the Constituent Assembly but also established and solidified the doctrine of necessity. The case's outcome and the subsequent evolution of this doctrine have had a profound impact on Pakistan's political landscape, shaping the relationship between the judiciary, executive, and legislative branches of the government. Understanding this case and its implications is essential for comprehending the complexities of Pakistan's constitutional history and the ongoing debates surrounding the doctrine of necessity.

The Bill Of Rights:Unraveling the Essence of the Bill of Rights: A Cornerstone of Liberty

Unraveling the Essence of the Bill of Rights: A Cornerstone of Liberty

Introduction:

The Bill of Rights stands tall as a foundational document that safeguards the fundamental liberties of individuals within a society. Its significance cannot be overstated, as it guarantees protection against potential encroachments by those in power. In this article, we delve into the meaning of the Bill of Rights, its historical origins, its location, and the reason behind its iconic name.

What is Meant by Bill of Rights?

The Bill of Rights refers to a collection of the first ten amendments to the United States Constitution. These amendments were adopted to ensure the preservation of individual rights, limit government powers, and maintain a balance between the rights of the people and the authority of the state. It serves as a bulwark, protecting citizens from potential abuses and ensuring the principles of justice, freedom, and equality are upheld.

Where is the Bill of Rights?

The original copy of the Bill of Rights resides in the National Archives in Washington, D.C., United States. Encased within a protective glass and dimly lit, it serves as a reminder of the country's commitment to safeguarding individual freedoms. The document is carefully preserved to maintain its historical significance and ensure its accessibility to the public for study and reflection.

Who Wrote the Bill of Rights?

The authorship of the Bill of Rights can be attributed to James Madison, who is often hailed as the "Father of the Constitution." Madison, along with the assistance of other influential figures such as Thomas Jefferson, Alexander Hamilton, and George Mason, crafted the amendments that would later become the Bill of Rights. These brilliant minds sought to rectify the perceived deficiencies of the original Constitution, aiming to enshrine explicit protections for citizens against potential government overreach.

Why is it Called the Bill of Rights?

The name "Bill of Rights" holds historical and symbolic significance. The term "bill" refers to a written proposal, often presented for deliberation in legislative bodies. In this context, the Bill of Rights represents a set of proposals aimed at protecting the rights and liberties of individuals. By employing the term "bill," the framers of the Constitution underscored the importance of codifying these rights into law.

Moreover, the usage of the term "rights" emphasizes the unalienable entitlements that every citizen possesses. It serves as a stark reminder to those in power that these rights are not granted by the government but rather inherent to every individual, serving as a bedrock upon which a just and fair society is built.

Conclusion:

The Bill of Rights holds a cherished place in the annals of American history and serves as an emblem of liberty and justice. Its existence ensures that individual rights are not mere abstract concepts but tangible safeguards against potential government encroachments. With its name symbolizing the proposal of protected rights, the Bill of Rights continues to stand as a testament to the indomitable spirit of those who fought for the principles of freedom and equality.

Boys Will Be Boys A Detail Essay On Boys Will be Boys CSS Essay

Essay Outlines: "Boys Will Be Boys"

I. Introduction

A. Definition of "Boys will be boys" phrase

B. Purpose of the essay

C. Background information

II. The Negative Connotation of "Boys will be boys"

A. Excusing bad behavior

B. Perpetuating toxic masculinity

C. Reinforcing gender stereotypes

III. The Importance of Challenging the "Boys will be boys" mindset

A. Encouraging positive behavior

B. Promoting gender equality

C. Building a more just society

IV. The Role of Parents, Teachers, and Society in Challenging "Boys will be boys"

A. Educating children about gender roles and expectations

B. Providing alternative examples of masculinity

C. Holding boys accountable for their actions

V. Conclusion

A. Restate the purpose of the essay

B. Summarize the negative consequences of "boys will be boys"

C. Emphasize the importance of challenging this mindset for a better future.

I. Introduction

A. Definition of "Boys will be boys" phrase: "Boys will be boys" is a phrase used to describe or excuse misbehavior or bad actions by boys or young men. It is often used to suggest that these actions are natural or to be expected, and therefore should not be taken too seriously or be 

punished too harshly.The phrase "Boys will be boys" has been a part of our cultural vocabulary for generations, often used to excuse misbehavior and poor actions among boys and young men. However, this phrase carries with it a negative connotation that perpetuates toxic masculinity and harmful gender stereotypes. It is time to challenge this mindset and strive for a more just and equitable society where all individuals are held accountable for their actions and treated with dignity and respect. In this essay, we will explore the negative effects of the "Boys will be boys" phrase and the importance of challenging this mindset in promoting positive behavior and gender equality

B. Purpose of the essay: 

The purpose of this essay is to examine the negative connotation of the phrase "Boys will be boys" and to argue for the importance of challenging this mindset.

C. Background information: 

The phrase "Boys will be boys" has been used for generations and is still commonly used today. However, there is growing recognition of the harmful effects of this phrase and the need to challenge it in order to promote positive behavior and gender equality.

II. The Negative Connotation of "Boys will be boys"

A. Excusing bad behavior: 

The use of the phrase "Boys will be boys" to excuse bad behavior reinforces the idea that these actions are acceptable or even expected of boys and young men. This can lead to a lack of accountability for their actions, allowing them to continue to engage in harmful behavior without consequences.

B. Perpetuating toxic masculinity: 

The phrase "Boys will be boys" perpetuates toxic masculinity, a set of cultural norms and expectations that equate masculinity with dominance, aggression, and a lack of emotion. This reinforces harmful gender stereotypes and can contribute to violence and other forms of harmful behavior.

C. Reinforcing gender stereotypes:

 The phrase "Boys will be boys" reinforces gender stereotypes, perpetuating the idea that boys and men are naturally aggressive and cannot control their actions. This can have a negative impact on the development of healthy masculinity and on the development of girls and women, who are often expected to behave in more passive or nurturing ways.

III. The Importance of Challenging the "Boys will be boys" mindset

A. Encouraging positive behavior: 

By challenging the "Boys will be boys" mindset, we can encourage positive behavior and promote accountability among boys and young men. This can help to reduce the incidence of harmful behavior, such as violence, harassment, and bullying.

B. Promoting gender equality: 

Challenging the "Boys will be boys" mindset is also important for promoting gender equality. By promoting positive examples of masculinity and encouraging boys and young men to behave in more responsible and respectful ways, we can help to break down harmful gender stereotypes and create a more just and equitable society.

C. Building a more just society: 

Challenging the "Boys will be boys" mindset is an important step towards building a more just and equitable society. By promoting positive behavior and gender equality, we can create a future in which all individuals are treated with dignity and respect, regardless of their gender.

IV. The Role of Parents, Teachers, and Society in Challenging "Boys will be boys"

A. Educating children about gender roles and expectations: 

Parents and teachers have an important role to play in educating children about gender roles and expectations. By teaching children about the harmful effects of toxic masculinity and the importance of challenging the "Boys will be boys" mindset, they can help to promote positive behavior and gender equality.

B. Providing alternative examples of masculinity: 

Parents and teachers can also provide children with alternative examples of masculinity, such as kindness, empathy, and emotional intelligence. This can help to challenge harmful gender stereotypes and promote the development of healthy masculinity.

 Conclusion

In conclusion, the phrase "Boys will be boys" has a negative connotation that excuses bad behavior and perpetuates toxic masculinity and harmful gender stereotypes. By challenging this mindset, we can encourage positive behavior and promote gender equality. It is the responsibility of parents, teachers, and society as a whole to educate children about gender roles and expectations, provide alternative examples of masculinity, and hold boys accountable for their actions. The goal should be to create a future in which all individuals are treated with dignity and respect, regardless of their gender. By challenging the "Boys will be boys" mindset, we can build a more just and equitable society for everyone.

How To Get SriLanka Citizenship Procedure of Serilankan Citizentship

There are several ways to obtain Sri Lankan citizenship, including:

By birth: 

Children born in Sri Lanka to at least one Sri Lankan parent are automatically considered citizens.

By descent: 

Children born abroad to at least one Sri Lankan parent may be eligible for citizenship by descent.

By registration: 

Individuals who have been legally resident in Sri Lanka for a certain period of time may be eligible to apply for citizenship by registration.

By naturalization: 

Individuals who have lived in Sri Lanka for a certain period of time, have good moral character, and have an adequate knowledge of one of the official languages may be eligible to apply for citizenship by naturalization.

It's worth noting that the process and eligibility criteria for obtaining Sri Lankan citizenship may vary and change depending on the laws and regulations of the country. It's advisable to check with the relevant authorities in Sri Lanka or consult with an immigration lawyer.

The procedure for obtaining Sri Lankan citizenship can vary depending on the specific category of citizenship you are applying for. Below are some general steps and requirements for the most common categories of citizenship by registration and naturalization:

Citizenship by registration:

You must have been legally resident in Sri Lanka for a certain period of time (usually 10 years or more)

You must submit an application to the Department of Immigration and Emigration along with the required documents.

You must pass a language and culture test as well as an interview.

You must pay the relevant fee.

Your application will be reviewed and a decision will be made by the Minister of Justice.

Citizenship by naturalization:

1. You must have been legally resident in Sri Lanka for a certain period of time (usually 15 years or more)
2. You must have good moral character and not have a criminal record.
3. You must have an adequate knowledge of one of the official languages.
4. You must submit an application to the Department of Immigration and Emigration along with the required documents.
5. You must pay the relevant fee.
6. Your application will be reviewed and a decision will be made by the Minister of Justice.

Conclusion

It's worth noting that these are general steps, the actual process and requirements may vary depending on the laws and regulations in Sri Lanka and you should always check with the relevant authorities. Also, it's advisable to consult with an immigration lawyer for more detailed and accurate information.

How To Get Pakistan Citizenship Or Pakistan Nationality Procedure Of Getting Pakistan Nationality

How to get Pakistan Nationality or citizenship 

There are several ways to obtain Pakistani nationality, which can vary depending on an individual's specific circumstances. Here are a few common ways to obtain Pakistani nationality:

 Birth In Pakistan

 A person born within the territory of Pakistan, or born abroad to Pakistani parents, is considered a citizen of Pakistan by birth.

If Your Parents Are Pakistani

 A person born abroad to a Pakistani parent, regardless of the parent's nationality, is considered a citizen of Pakistan by descent.

By registration: 

A person may be eligible to register for Pakistani nationality if they meet certain requirements such as living in Pakistan for a certain period of time, being of good character, and having a certain level of connection to Pakistan.

By naturalization:

A person may be eligible to apply for Pakistani nationality through naturalization if they have lived in Pakistan for a certain period of time, are of good character, and meet other requirements set by the Pakistani government.

If Your Spouce is Pakistani 

If you marry a Pakistani citizen, it may be possible for you to obtain Pakistani nationality. However, the process and requirements for doing so may vary depending on the laws and regulations in place at the time of your application.

Typically, the process would involve submitting an application for nationality to the relevant authorities, such as the Ministry of Interior or the National Database and Registration Authority (NADRA), and providing proof of your marriage to a Pakistani citizen. You may also be required to provide other documentation, such as proof of residence in Pakistan, police clearance certificate, and educational certificates.

It is important to note that acquiring nationality through marriage is not automatic, the authorities may conduct an investigation to verify the authenticity of the marriage and may also require the couple to live together for a certain period.

Procedure Of Getting Citizenship in Pakistan

The process for obtaining Pakistani nationality varies depending on the individual's circumstances. However, in general, the following steps may be involved:

Submit an application for nationality to the relevant authorities, such as the Ministry of Interior or the National Database and Registration Authority (NADRA).

Provide proof of residence in Pakistan, such as a valid Pakistani passport or National Identity Card for Overseas Pakistanis (NICOP).

Provide proof of birth in Pakistan, such as a birth certificate or school leaving certificate.

Provide proof of renunciation of foreign nationality, if applicable.

Provide other required documents, such as police clearance certificate and educational certificates.

Pass a test on Pakistani history, culture, and geography, and/or an interview with immigration officials.

Pay any required fees.

Wait for the application to be processed and for a decision to be made on the application.

Concluding Remarks

It is important to note that the process and requirements for obtaining Pakistani nationality may change over time and may vary depending on the individual's circumstances. It is recommended to check the official website of the Ministry of Interior or NADRA for the most up-to-date information.

What Is Meant By The Principle Where equities are equal The First In Time prevail

What Is Meant By  Where equities are equal The First In Time prevail

Introduction

The principle of "where equities are equal, the first in time prevail" is a legal principle that is often applied in property law and disputes over ownership of land or other assets. The principle states that when two parties have competing claims to the same property, the party who can demonstrate that they have the older and more established claim will typically be given precedence over the other party.

Example On The Maxim where equities are equal The First In Time shall prevail

An example of this principle in action would be a dispute between two neighbors over a piece of land. One neighbor, who has lived on the property for several decades, claims that they have always used a small portion of the land as their own personal garden. The other neighbor, who has only recently moved in, claims that they have the legal right to use the land as part of their own property.

Concluding Remarks 

The Principle Where equities are equal the first In time Prevail mean when two person have equal right on a single subject matter than time will be cosidered and the person who have prior right would be entitled.

How Property Is Distributed In Islam Between The Heirs Law of Inheritance In Islam

How Property Is Distributed In Islam Between The Heirs 

Introductory Remarks 

The law of inheritance in Islam is an important aspect of the Islamic legal system. It lays down the rules and principles for the distribution of a person's assets and property after their death. The law is derived from the Qur'an and the Hadith (sayings and actions of the Prophet Muhammad (peace be upon him)) and is based on the principles of fairness and justice. The inheritance is divided among the heirs of the deceased, including the immediate family members and the extended family members, with a fixed percentage of the inheritance determined by the Qur'an. The law also recognizes the rights of adopted children, illegitimate children, and women in inheritance, ensuring that their rights are protected and that the wealth of the deceased is distributed in a fair and equitable manner.

Sources Of Islamic Law Of inheritance 

Islam lays down a specific law of inheritance, which is based on the principles of fairness and justice. This law is derived from the Qur'an and the Hadith (sayings and actions of the Prophet Muhammad (peace be upon him)).

According to Islamic law, a person's inheritance is divided among their heirs after their death. The heirs are divided into two categories: primary and secondary.

Law Of Inheritance In Islam Refrance From Quran 

"For men is a share of what parents and close relatives leave, and for women is a share of what parents and close relatives leave, be it little or much - an obligatory share." (Qur'an 4:7)

This verse from the Qur'an lays out the principle that men and women are both entitled to a share of inheritance when parents and close relatives pass away. It emphasizes that the inheritance should be divided fairly, regardless of whether the inheritance is large or small. This verse serves as a reminder that Islam recognizes the rights of both men and women in inheritance and that the distribution should be fair and just.

Primary Heirs In Islam

The primary heirs are the immediate family members of the deceased, including the spouse, children, parents, and grandparents. They are entitled to a fixed percentage of the inheritance, which is determined by the Qur'an. For example, the spouse is entitled to one-fourth of the inheritance, while the children are entitled to two-thirds.

Secondary Heirs In Islamic Law of inheritance 

The secondary heirs are the extended family members of the deceased, such as uncles, aunts, and cousins. They are entitled to a smaller percentage of the inheritance, which is determined by the Qur'an.

Incase Their is No Heirs Of a Person 

In cases where the deceased has no primary or secondary heirs, their wealth is distributed among the poor and needy. But in Pakistan such property will be the state property.

What is the Right of Adopted Child or illegitimate Children In Islamic Law of inheritance 

It is important to note that Islamic law also recognizes the rights of adopted children and illegitimate children, who are treated as the biological children of the deceased.

In addition, Islamic law also recognizes the rights of women in inheritance. Women are entitled to a share of the inheritance, and their rights are protected by the Qur'an.

Overall, the law of inheritance in Islam is based on the principles of fairness and justice, ensuring that the rights of all heirs are protected and that the wealth of the deceased is distributed in a fair and equitable manner.

Concluding Remarks

In conclusion, the law of inheritance in Islam plays a crucial role in ensuring that the rights of all heirs are protected and that the wealth of the deceased is distributed in a fair and equitable manner. It is based on the principles of fairness and justice derived from the Qur'an and the Hadith. It also recognizes the rights of adopted children, illegitimate children, and women in inheritance, treating them as equal to the biological heirs. It is important to note that the Islamic law of inheritance is not only a legal system but it also carries moral and social values such as fairness, justice, and compassion. It is a valuable aspect of the Islamic legal system that helps to ensure that the rights of all heirs are respected and that the wealth of the deceased is distributed in a fair and equitable manner.