ISLAMIC REPUBLIC OF PAKISTAN CONSTITUTION When the British government granted independence to the Indian subcontinent in 1947, the region was split into territories based on religious populations. The Dominion of Pakistan consisted of the Muslim regions of West Pakistan and East Pakistan. The two territories were separated by nearly 1,000 miles of Hindu India. Despite religious similarities, the geographic and cultural separation rendered the Dominion of Pakistan very difficult to govern. The new Muslim nation elected a Constituent Assembly in the same year and by 1956, Pakistan adopted a Constitution. However, the government was overthrown by a military coup only two years later. A second Constitution was adopted in 1962, but political instability returned and the Constitution was abrogated, replaced by military rule. Stability only returned to Pakistan in 1971 with the official independence of East Pakistan, now Bangladesh, and the conclusion on the Bangladesh Liberation War. With East Pakistan independent, Pakistan developed a government under the leadership of Zulfiqar Ali Bhutto. Pakistan’s current Constitution took effect on August 14, 1973. The Constitution was drafted by a 25-member Committee and its enactment symbolized the birth of modern Pakistan in the form of the Islamic Republic
of Pakistan. A new government modeled on the British Parliamentary system, as opposed to military rule, now consists of political parties, a president and prime minister, bicameral legislature and judiciary. The most recent amendment to the Pakistani Constitution, the Eighteenth, was enacted on April 8, 2010. The amendment reduced the power of the President and established the Islamic Republic of Pakistan as a parliamentary republic. Significantly, the Pakistani Constitution formalizes Islam as the official state religion of Pakistan and thus the Constitution displays a mixture of Western governmental principles and more traditional Islamic Law (Shari’a). The Constitution ensures the rights of Muslims and strives to provide a country in which people can live their lives in accordance with the principles of Islam. No Pakistani law can conflict with the principles of the Quran. The Constitution provides for instruction to Pakistani citizens in the Quran and Arabic language. Only a Muslim may be the President or Prime Minister of Pakistan. Pakistan’s Constitution enumerates the fundamental rights of Pakistani citizens, balances the power of the provinces versus the national government, and grants authority to the Prime Minister and President.
EXECUTIVE AUTHORITY
The President of Pakistan is head of State, but suffered a decrease in power after the Eighteenth Amendment to the Pakistani Constitution which was passed to check executive authority. Pakistanis thought that the president had amassed too much power during the coup and military rule of President General Pervez Musharref. The Eighteenth Amendment decreases the influence of the president in the interest of democracy and greater political stability. The Pakistani President is elected by secret ballot of the Electoral College and serves a five-year term, after which the President is eligible for reelection, but may not serve more than two terms. The Electoral College is comprised of members of the National Assembly, the Senate and provincial assemblies. The Pakistani Prime Minister is Head of Government. Unlike the President, the Prime Minister is selected by the National Assembly, who, in turn, are popularly elected.
LEGISLATIVE BODY The Majlis-e-Shoora (Council of Advisors or Parliament) is the leading body of Pakistan. The Majlis-e-Shoora consists of Pakistan’s bicameral legislature and the President.
Pakistan’s upper house is the 100-seat Senate. The members of the senate are indirectly elected by the assemblies of each of Pakistan’s provinces, tribal areas and Federal Capital. Pakistani law requires there be at least 17 female Senators. The lower house of the Pakistani legislature is the 342-seat National Assembly. Of these, 272 seats are directly elected. The remaining seats are reserved for religious minorities (10 seats for non-Muslims) and women (60 seats), who might not otherwise be elected. Pakistan’s political parties are represented in the National Assembly with the leader of the most heavily represented party often serving as Prime Minister.
JUDICIAL SYSTEM The Supreme Court of Pakistan is the highest court in the land. It is located in Islamabad, Pakistan’s capital. The Supreme Court has appellate jurisdiction and may hear all constitutional issues. Seventeen justices are appointed by the President. No justice may serve beyond the age of sixtyfive. Pakistan’s Constitution provides that none of Pakistan’s laws may conflict with the Quran. The Federal Shariat Court, established in 1980 by presidential order, examines all Pakistani laws to ensure they are consistent with the Quran. Decisions by the eight-Justice Federal Shariat
Court may be reviewed by the Shariat Appellate Bench, part of the Supreme Court. Justices serving the Federal Shariat Court are appointed by the President and are often retired justices from the Supreme Court. The Federal Shariat Court may also review decisions of Pakistan’s lower criminal courts. Certain criminal behavior is known as hudud, the “claims of God,” acts which must be specifically punished under Islamic law. Beneath the Supreme Court and the Federal Shariat Court, each of Pakistan’s provinces, and the capital city, has a High Court, responsible for the issuance of writs and appellate jurisdiction over the lower courts. The most accessible trial courts are the district courts, with civil and criminal jurisdiction in each province. IMPLEMENTATION OF UNITED NATIONS COUNTER-TERRORISM RESOLUTIONS The Islamic Republic of Pakistan has ratified eleven of the sixteen United Nations international legal instruments against terrorism.
Ratified
Yet to be Ratified
The Aircraft Convention: 1963 Convention on Offences and Certain Other Acts Committed on Board Aircraft Ratified: September 11, 1973
Plastic Explosives Convention: 1991 Convention on the Marking of Plastic Explosives for the Purpose of Detection
The Unlawful Seizure Convention: 1970 Convention for the Suppression of Unlawful Seizure of Aircraft Ratified: November 28, 1973 The Civil Aviation Convention: 1971 Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation Ratified: January 24, 1974 The Diplomatic Agents Convention: 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons Ratified: March 29, 1976 Hostages Convention: 1979 International Convention against the Taking of Hostages Ratified: September 8, 2000 Nuclear Materials Convention: 1980 Convention on the Physical Protection of Nuclear Material Ratified: September 12, 2000 Airport Protocol and Montreal Convention on Air Safety: 1988 Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation Ratified: September 26, 2000 Maritime Convention: 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and the 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation
2005 Amendment to the Convention on the Physical Protection of Nuclear Material
2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation 2005 Protocol for the Suppression of Unlawful Acts against the safety of fixed platforms located on the Continental Shelf Nuclear Terrorism Convention: 2005 International Convention for the Suppression of Acts of Nuclear Terrorism
Ratified: September 20, 2000 Fixed Platform Protocol: 1988 Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf and the 2005 Protocol to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf Ratified: September 20, 2000 Terrorist Bombing Convention: 1997 International Convention for the Suppression of Terrorist Bombings Ratified: August 13, 2002 Terrorist Financing Convention: 1999 International Convention for the Suppression of the Financing of Terrorism Ratified: June 17, 2009
In addition, Pakistan is working to implement UN Resolutions 1373 and 1624 and has made five reports to the United Nations CTC on the county’s progress. Most recently, a draft of Pakistan’s money laundering bill was approved by the cabinet and went to on to Parliament. In addition, Pakistan is implementing the Personal Identification Secure Comparison Evaluation System (PISCES) at airports country-wide, as well as land border crossings and sea ports. The decision to implement PISCES at all of Pakistan’s airports was made after September 11, 2001. CORRUPTION AND GOVERNANCE
On the Corruption Perception Index, Pakistan ranked 143rd out of 178 countries. In no other country is there a greater perception that corruption is on the rise: 77% of Pakistani respondents said corruption had increased in the last three years. The most corrupt institution in Pakistan is perceived to be public officials and civil servants with 49% of all Pakistanis paying a bribe in the past year. Pakistan’s political stability has declined steadily since 2003 and in 2009 it was ranked practically at zero. Pakistan ranks relatively well with regard to government effectiveness and regulatory quality. Few of Pakistan’s governance indicators surpass the 25th percentile and none surpass the 50th percentile.