Human Rights and Democratic Development in Pakistan

by Hina Jilani

Appendices


Appendix I

THE CONSTITUTIONS OF PAKISTAN

 

Number

Introduced by

Year

Abrogated

Provisional Constitution

British Parliament

1947

Replaced by 1956 Constitution

First Constitution

Constituent Assembly

1956

1958 by President Mirza

Second Constitution

General Ayub Khan (President)

1962

1969 Military Coup

Interim Constitution

National Assembly

(Z.A. Bhutto, President)

1972

Replaced by 1973 Constitution

Third Constitution

National Assembly

(Z.A. Bhutto, President)

1973

1977
Suspended after military coup

Present Constitution

Zia ul Haq restored the 1973 Constitution but with fundamental alterations (Revival of the Constitution of 1973 Order (ROC) and later the 8 th Amendment, 1985)

1985

 




Appendix II

AMENDMENTS TO THE 1973 CONSTITUTION

 

Amendment #

Government

Year

Key Issues

1st

Zulfiqar Ali Bhutto

(PPP)

1974

The territories of Pakistan are redefined to exclude East Pakistan [Art. 1(2)].

The right to found or belong to a political party is restricted [Art. 17(2)].

2nd

Z. A. Bhutto (PPP)

1974

Ahmedis/Qadianis/Lahoris are declared non-Muslims [Articles 106 & 260] .

3rd

Z. A. Bhutto (PPP)

1975

Period of preventive detention is extended from one month to three months at a time; the period for communication of grounds of detention is extended from 7 days to 15 days [Art. 10].

4th

Z. A. Bhutto (PPP)

1975

The power of the High Courts is reduced [Art. 199].

5th

Z. A. Bhutto

1976

The powers of the superior judiciary are further curtailed by making provision for transfer of judges from one High Court to another.

6th

Z. A. Bhutto (PPP)

1976

Chief Justice can continue in office and complete his term of office even after he reaches the age of superannuation. [Art. 179; Art. 195].

7th

Z.A. Bhutto (PPP)

1977

Ascertaining of people's confidence in Prime Minister through a referendum [New Article 96-A].

8th

General Zia
ul Haq

1985

All President's Orders, Ordinances, Martial Law Regulations, Martial Law Orders are adopted and cannot be contested in any court. [Art. 270-A].

Establishment of the Federal Shariat Court.

Introduction of separate electorates.

Establishment of Permanent Benches of the High Courts.

The President is armed with wide powers including the discretionary dissolution of the National Assembly and appointment of Chiefs of Armed Forces.

9th

General Zia
ul Haq

1985

Injunctions of Islam are declared the supreme law and a source of guidance for legislation to be administered through laws enacted by the Parliament and Provincial Assemblies, and for policy-making by the Government. The bill lapsed.

10th

M.K. Junejo

(non-party)

1987

Minor changes.

11th

Benazir Bhutto

(PPP)

1989

Minor changes.

12th

Nawaz Sharif

(PML-N)

1991

Establishment of Special Courts for trial of heinous offences. [New Art. 212-B].

13th

Nawaz Sharif

(PML-N)

1997

President cannot dissolve National Assemblies. [Art. 58-2(b)].

14th

Nawaz Sharif

(PML-N)

1997

Elected members cannot change their party affiliation without losing their seat (horse-trading).





Appendix III

GOVERNMENTS OF PAKISTAN

Year

Political Party

Head of the government

Means of getting power

End of the government

1947-1948

PML

Jinnah, M.A.
Governor-General

Founder of the Nation

Appointed by British Crown

Expired in 1948

1948-1951

PML


PML

Khwaja Nazimudin
Governor-General

Liaquat Ali Khan
Prime Minister
(1947-1951)

Crown appointee


Chosen by Jinnah, backed by majority

Became Prime Minister

Assassinated in 1951

1951-1955

PML


PML



PML

Ghulam Mohammed
Governor-General

Khawaja Nazimudin Prime Minister
(1951-1953)

Mohammed Ali Bogra Prime Minister
(1953-1955)

Crown appointee


Leader of majority party


Chosen by G-G, adopted by majority party

Resigned


Ghulam Mohammed dismissed the government

1955-1956

PML


PML

Iskandar Mirza
Governor General

Ch. Mohammed Ali
Prime Minister

Crown appointee


Leader of majority coalition

Became President


Resigned

1956-1958

PML


AL



PML



Republican

Iskander Mirza
President

Hussain Shaheed Suharwardi
(1957)

Ibrahim Ismaeel Chundrigarh
(1957)

Malik Feroze
Khan Noon
(1957-1958)

Elected


Leader of majority coalition


Invited by President



Leader of majority coalition

Military coup (First)

Forced by President to resign

Resigned for lack of majority


Military coup (First)

Oct.1958-1962

 

General Ayub Khan, Chief Martial Law Administrator (CMLA)

Military coup (First)

Became President after deposing Mirza

1962-1969

 

General Ayub Khan
President

Non party election under the 1962 Constitution

Military Coup (Second) on President's invitation

1969-1971

Martial Law

General Yahya Khan
CMLA/President

Military Coup (Second)

Resigned following the Bengal debacle

1971-1973

PPP





PML

Zulfiqar Ali Bhutto
President (Chief Martial Law Administrator, Dec. 1971-April 1972)

Noor-ul-Amin
Prime Minister
(Dec. 1971)

Transfer by CMLA


 

Chosen by CMLA

Became Prime Minister under 1973 Constitution


Faded away after the Bengal debacle

1973-1977

PPP


Non-partisan, earlier PPP

Zulfiqar Ali Bhutto
Prime Minister

Fazal Ilahi
President
(1973-1978)

Leader of majority party

Military coup (Third)

Left after completing his term

1977-1978

Martial Law

General Zia ul Haq
Chief Martial Law Administrator
(CMLA)

Military dictator

Became President also

1978-1985

 

General Zia ul Haq
President and CMLA

Military dictator

Elections were held under amended 1973 Constitution and martial law was lifted

1985-1988





PML

Zia ul Haq
President


M.K. Junejo
Prime Minister
(1985-1988)

Non-party 'referendum'


Nominated by Zia under the 1973 amended Constitution

Zia died in a plane crash in August 1988

Dismissed by President Zia

Caretaker Government May 1988 - December 1988

1988-1990

PPP

Benazir Bhutto
Prime Minister


Ghulam Ishaq Khan
President
(1988-1993)

First multi-party elections


Filled vacancy 1988
Elected 1989

Government dissolved by President Ishaq

Caretaker Government August 1990 - November 1990

1990-1993
(April)

Pakistan
Muslim
League
(N)

PML
(N)

Nawaz Sharif
Prime Minister



Ghulam Ishaq Khan
President

2nd multi-party elections

Government dissolved by President Ishaq

Caretaker Government April 1993 - May 1993

May 1993 to July 1993

PML
(N)

Nawaz Sharif
Prime Minister


Ghulam Ishaq Khan
President

Government reinstated by Supreme Court

Sharif and Ishaq both resigned under pressure

Caretaker Government July 1993 - October 1993

1993-1996

PPP

Benazir Bhutto
Prime Minister


Farooq Leghari
President
(1993-1997)

3rd multi-party elections

Government dismissed by President Leghari

Caretaker Government November 1996 - February 1997

1997

PML
(N)

Nawaz Sharif
Prime Minister


Farooq Leghari
President

Rafique Tarrar
President since
Dec. 1997

4th multi-party elections

Resigned in 1997





Appendix IV

POLITICAL PARTIES

Number of seats won in the 1997 elections for the National Assembly

Name of Political Party Number of seats won
Awami National Party (ANP)   9
Balochistan National Party (BNP)   3
Haq Parast Group (HPG)  12
Jamiat Ulema-e-Islam (Fazal-ur-Rehman Group) JUI (F)   2
Jamhoori Watan Party (JWP)   2
National People's Party (NPP)   1
Pakistan Muslim League (Nawaz Sharif Group) PML-N 135
Pakistan People's Party (PPP)  18
Pakistan People's Party (Shaheed Bhutto Group) PPP (SB)   1
Independents (IND)  21
Total (general seats) 204

Source : Herald Magazine, March 1997





Appendix V

INTERNATIONAL HUMAN RIGHTS
INSTRUMENTS SIGNED BY PAKISTAN

  • International Convention on the Elimination of All Forms of Racial Discrimination.
  • International Convention on the Suppression and Punishment of the Crime of Apartheid.
  • International Convention against Apartheid in Sports.
  • Convention on the Rights of the Child.
  • Convention on the Elimination of All Forms of Discrimination against Women.
  • Convention on the Political Rights of Women.
  • Convention on the Nationality of Married Women.
  • Slavery Convention of 1926 as amended.
  • Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery.
  • Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others

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