Saturday, May 20, 2023

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.

Friday, February 3, 2023

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.

Tuesday, January 24, 2023

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.


Monday, January 23, 2023

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.

Sunday, January 22, 2023

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.

The Constitutional History Or Constitutional Development Of Pakistan 1947 To 2023

The Constitutional History Or Constitutional Development Of Pakistan 1947 To 2023

Introduction 

 The constitutional development of Pakistan has been a complex and ongoing process since the country's independence in 1947.

The initial years of Pakistan's independence saw the country being governed by the Government of India Act 1935, which served as the interim constitution until 1956. This act provided the framework for the government, including the division of powers between the federal government and the provinces. However, it did not fully reflect the aspirations of the people of Pakistan and was criticized for being a colonial legacy.

Consitution Of Pakistan 1956

In 1956, the first constitution of Pakistan was adopted, which established a federal parliamentary democracy. This constitution provided for a bicameral legislature with a National Assembly and a Senate, a Prime Minister as the head of government, and a President as the head of state. It also recognized the rights of ethnic and linguistic minorities and provided for the independence of the judiciary. However, this constitution was short-lived as it was abrogated by the civilian  government of Sikandar Mirza Before Military coup up of General Ayoub Khan, in 1958.

Constitution Of Pakistan 1962

During the period of military rule from 1958 to 1971, Pakistan was governed by various legal frameworks, including the Constitution of 1962, which introduced a presidential system of government. This constitution concentrated power in the hands of the President and greatly reduced the role of the Prime Minister and the parliament. It also introduced the concept of "basic democracy" which aimed to bring the government closer to the people by giving them a direct say in the selection of local government representatives.

Constitution Of Pakistan 1971

In 1971, after the war with India and the subsequent break-up of Pakistan, a new constitution was adopted in 1973. This constitution was passed by a democratically elected National Assembly and was a landmark in the constitutional development of Pakistan. It restored the parliamentary system of government, with a Prime Minister as the head of government and a President as the head of state. It also recognized the rights of ethnic and linguistic minorities, and provided for the separation of powers between the judiciary, legislature, and executive branches of government. It also provided for the establishment of the Council of Islamic Ideology to advise the legislature on the compatibility of laws with Islamic principles.

Amendments In 1973 Constitution

However, the constitution was amended by military governments several times, most notably by General Zia-ul-Haq in 1985, which introduced the controversial concept of Islamization. The amendment introduced a number of Islamic provisions into the constitution, including the declaration of the Objectives Resolution as a preamble to the constitution and the establishment of the Federal Shariat Court.

18th Amendment in 1973 Constitution 

In 2010, 18th Constitutional Amendment was passed by the parliament which was aimed to strengthen the federation by transferring several powers from the central government to the provinces, as well as by reducing the powers of the President. The amendment also included several progressive measures such as the renaming of the North-West Frontier Province to Khyber Pakhtunkhwa and the merger of the Federally Administered Tribal Areas with Khyber Pakhtunkhwa province.

Recent Development 

In recent years, there have been calls for further constitutional reform to address issues such as minority rights, corruption, and the need for a more effective system of governance. However, no major changes have been made to the constitution since 2010.

Concluding Remarks

Overall, the constitutional development of Pakistan has been marked by a tension between the desire for democracy and the reality of military intervention in politics. Despite this, the constitution has been amended and reformed over the years to reflect the changing political and social realities of the country, and it continues to evolve to meet the needs of the people of Pakistan.

Saturday, January 21, 2023

How Do The People Of China Elect their President Discuss The Detail Procedure Of Presidental Election Of China.

How Do The People Of China Elect their President Discuss The Detail Procedure Of Presidental Election Of China.

Introduction 

The Presidential election in China is a unique process that differs significantly from the democratic election procedures of other countries. Unlike other countries where citizens have the right to vote and elect their President, in China, the President is elected by the National People's Congress (NPC) and the Communist Party of China (CPC) plays a key role in the nomination and election process. The President of China serves as the head of state and commander-in-chief of the armed forces, and is responsible for the overall administration of the country. However, the President does not have the power to veto legislation or make independent decisions, and is subject to the oversight of the NPC and the CPC. In this article, we will take a detailed look at the Presidential election procedure in China, including the nomination process, election process, term of office, succession process, and the political control over the presidency

Nomination process:

The National People's Congress (NPC) is responsible for the nomination of candidates for the position of President of China.

NPC members can propose candidates for the presidency, and the nomination process is usually conducted during the annual NPC session.

The NPC Standing Committee, which is the highest legislative body in China, conducts a preliminary review of the nominated candidates and selects a final list of candidates.

Election process:

The election of the President of China is conducted by secret ballot among the NPC members.

The President is elected by a majority vote of the NPC, with a minimum of two-thirds of the votes required for a candidate to be elected.

If no candidate receives the required majority in the first round of voting, a second round is held between the top two candidates.

The candidate who receives the most votes in the second round is elected as President.

Term of office:

The President of China serves a term of five years, and is eligible for re-election for a maximum of two consecutive terms.

The President is responsible for the overall administration of the country and serves as the head of state and commander-in-chief of the armed forces.

Succession process:

In the event of the President's death, resignation, or removal from office, the Vice President assumes the presidency.

If the Vice President is unable to serve, the NPC Standing Committee has the authority to appoint a temporary President until a new President is elected.

Political control:

The President of China is a ceremonial position, with real power resting with the Communist Party of China (CPC) and its Central Committee.

The CPC controls the nomination and election process for the presidency, and the President is expected to follow the party's policies and directives.

The President does not have the power to veto legislation or make independent decisions, and is subject to the oversight of the NPC and the CPC.

Concluding Remarks:

The Presidential election procedure in China is a multi-step process that is controlled by the National People's Congress (NPC) and the Communist Party of China (CPC). The process begins with the nomination of candidates for the position of President, which is conducted by the NPC members during the annual NPC session. The NPC Standing Committee, which is the highest legislative body in China, conducts a preliminary review of the nominated candidates and selects a final list of candidates for the election. The election itself is conducted by secret ballot among the NPC members, with a minimum of two-thirds of the votes required for a candidate to be elected. If no candidate receives the required majority in the first round of voting, a second round is held between the top two candidates. The candidate who receives the most votes in the second round is elected as President. The President serves a term of five years and is eligible for re-election for a maximum of two consecutive terms. However, the real power in the country rests with the CPC, and the President is expected to follow the party's policies and directives. In the event of the President's death, resignation, or removal from office, the Vice President assumes the presidency. If the Vice President is unable to serve, the NPC Standing Committee has the authority to appoint a temporary President until a new President is elected.

Friday, January 20, 2023

What are the Common and Distinct Features Of 1956 and 1962 Constitution Of Pakistan

What are the common and distinct Features Of 1956 and 1962 Constitution of Pakistan 

Introduction

The Constitution of Pakistan 1956 was the first constitution of Pakistan, adopted on March 23, 1956. It was based on the Government of India Act 1935, which had been in use in British India. The constitution was adopted by the Constituent Assembly of Pakistan, which was elected in 1954. The constitution was in effect for just over two years, from 1956 to 1958.



 1956 and 1962 of Pakistan


The main features of the 1956 constitution were:

A federal system of government, with the President as the head of state and the Prime Minister as the head of government.

A bicameral legislature, consisting of the National Assembly and the Senate.

A system of separate electorates, where different religious communities were represented in the legislature through separate electoral constituencies.

A provision for the President to dismiss the Prime Minister and dissolve the National Assembly.

The Constitution of Pakistan 1962 was the second constitution of Pakistan, adopted on March 2, 1962. It was adopted by the same Constituent Assembly that had adopted the 1956 constitution. The 1962 constitution replaced the 1956 constitution and was in effect until 1969.


The main differences between the 1956 and 1962 constitutions were:

The 1962 constitution abolished the system of separate electorates and introduced a system of joint electorates, where all citizens were able to vote for candidates from any religious community.

The 1962 constitution limited the President's power to dismiss the Prime Minister and dissolve the National Assembly.

The 1962 constitution introduced the principle of "basic democracy" and provided for the election of local government officials by the people.

The 1962 constitution abolished the office of the Prime Minister and replaced it with the office of the President, who was also the head of government.

The 1962 constitution provided for the creation of a unicameral legislature, the National Assembly, with the Senate being abolished.

The 1962 constitution provided for the establishment of a Council of Common Interests to ensure that the interests of all provinces were protected.

Overall, the 1962 constitution was seen as more democratic and progressive than the 1956 constitution, as it abolished the system of separate electorates, limited the President's powers, and introduced the principle of "basic democracy". However, the 1962 constitution was also criticized for giving too much power to the President and for not adequately protecting the rights of the province.

Common Provision in 1956 and 1962 Constitution 

The 1956 Constitution of Pakistan and the 1962 Constitution share several common features, including:


Federal Structure:

  •  Both constitutions establish Pakistan as a federal state, with a central government and provinces that have a certain degree of autonomy.

Islamic Republic: 

  • Both constitutions declare Pakistan as an Islamic republic, where the principles of Islam are to be followed in the governance of the country.


Presidential System:

  •  Both constitutions establish a presidential system of government, where the president is the head of state and government, and is elected by the members of the national assembly and senate.


Bicameral Legislature: 

  • Both constitutions establish a bicameral legislature, consisting of the National Assembly and the Senate. The National Assembly is the lower house, and the Senate is the upper house.


Judiciary: 

  • Both constitutions establish an independent judiciary, with the Supreme Court at the top, and lower courts at the provincial and district level.


Fundamental Rights: 

  • Both constitutions provide for certain fundamental rights for citizens, such as freedom of speech, freedom of religion, and protection against discrimination.


Emergency Powers: 

  • Both constitutions provide for emergency powers, where the president can take certain actions in the event of a national emergency.


Amendment Process: 

  • Both constitutions establish a process for amending the constitution, which requires a two-thirds majority vote in the National Assembly and Senate.

Concluding Remarks:

Overall, both constitutions establish the framework for the governance of Pakistan as a federal, Islamic republic with a presidential system of government, bicameral legislature, independent judiciary, and protected fundamental rights for citizen.

Thursday, January 19, 2023

The Pakistan Constitution 1962 Salient Feature of Pakistan Constitution 1962

Introduction To 1962 Constitution Of Pakistan 

The Constitution of Pakistan 1962 was the second  Constitution of Pakistan, which was adopted on March 23, 1962. The constitution of 1962 was was adobted by General Ayoub Khan Which provides Presidental System of Governnmnet. The Constitution of 1962 was based on the principles of democracy, federalism, and Islamic socialism.


The Constitution of 1962 provided for a federal system of government, with a President as the head of state and a Prime Minister as the head of government. It also established a bicameral legislature, consisting of the National Assembly and the Senate. The Constitution also recognized the Islamic identity of Pakistan, and provided for the protection of the rights of minorities.


However, the Constitution of 1962 was not able to provide a stable political environment in Pakistan, and it was abrogated in 1969 by the military government of General Yahya Khan. Despite this, the Constitution of 1962 remains an important document in the history of Pakistan, as it set the foundation for the future constitutional developments in the country

Salient Feature Of 1962 Constitution

Federal Structure

One of the most significant features of the 1962 Constitution was its federal structure. The constitution provided for a centralized government with a bicameral legislature, comprising of the National Assembly and the Senate. The President of Pakistan served as the head of state and government, with the Prime Minister serving as the head of government. The constitution also provided for the formation of provinces and the division of powers between the federal and provincial governments.

Islamic Provisions

Another important feature of the 1962 Constitution was its incorporation of Islamic principles. The constitution declared that Pakistan would be an Islamic Republic and that the state would be based on the principles of Islam. It also provided for the establishment of an Islamic court and the appointment of an Islamic research council to advise the government on Islamic law.

Protection of Fundamental Rights

The 1962 Constitution also provided for the protection of fundamental rights. It included provisions for the protection of freedom of speech, freedom of assembly, freedom of religion, and the right to a fair trial. The constitution also provided for the protection of minority rights and the rights of women.

Parliamentary Democracy

The 1962 Constitution established a parliamentary democracy in Pakistan. The National Assembly and the Senate were responsible for making laws and the Prime Minister was responsible for the administration of the government. The constitution also provided for the holding of free and fair elections and the formation of a government through the electoral process.

Conclusion

The 1962 Constitution of Pakistan was an important document that laid the foundations for the country's political and legal system. Its federal structure, Islamic provisions, protection of fundamental rights, and parliamentary democracy were key features that have had a lasting impact on the country's political and social development.

Monday, January 16, 2023

A Detail Note On the Constitution Of Pakistan 1956 Sailent Feature of 1956 Constitution

 A detail note on constitution of Pakistan 1956

Sailent Feature Of 1956 Constitution

The Constitution of Pakistan 1956 was the first constitution of the country, and it served as the supreme law of Pakistan from its adoption on March 23, 1956, until the 1958 military coup d'etat. The constitution was based on the Government of India Act 1935, and it established a federal system of government with a bicameral legislature and a judiciary.

Office of President And Prime Minister

The Constitution provided for a President as the head of state, who was to be elected by the members of the National Assembly and the Provincial Assemblies. The President had the power to appoint the Prime Minister and other Ministers, and to summon and prorogue the National Assembly.

Compostion Of National Assembly 

The National Assembly was composed of 300 members, with 20 seats reserved for women and 10 seats for minorities. The Assembly had the power to make laws on a wide range of subjects, including defense, foreign affairs, and finance.

Council of Ministers

The Constitution also established a Council of Ministers, headed by the Prime Minister, who was responsible for the administration of the country. The Cabinet was to be appointed by the President on the advice of the Prime Minister.

Establishment Of Judiciary

The Constitution provided for the establishment of a judiciary, consisting of the Supreme Court and High Courts. The Supreme Court was to be the highest court of appeal, and it was to be composed of a Chief Justice and not more than six other judges. The High Courts were to be established in each province and were to be the highest court of appeal in each province.

Establishment Of Public Service commission 

The Constitution also provided for the establishment of a Public Service Commission, which was to be responsible for the appointment, promotion, and transfer of public servants.

Establishment of Autonomous Bodies

The Constitution also provided for the establishment of a number of autonomous bodies, such as the Federal Public Service Commission, the Election Commission, and the Audit and Accounts Service.

Recognition Of fundamental Rights

The Constitution also recognized the rights and freedoms of citizens, including the rights to equality, freedom of speech and expression, freedom of assembly, freedom of religion, and freedom from discrimination on the basis of race, religion, or sex.

Conclusion 

However, the constitution was abrogated by military dictator Ayub Khan in 1958, which marked the start of a long period of military rule in Pakistan