Law 19983 on

The Eighth Amendment has a big change with Article 58 2(b), which in turn is considered to be the provision that introduced the presidential power to dissolve the National Assembly at his discretion where, in his opinion, appeal to the electorate was necessary. On such dissolution, elections were to be called within one hundred days.

Till January 2015 twenty one amendments have been made in constitution of Pakistan 1973.

Following are the points are important for explanation of eighth amendment with reference to its effects on political or parliamentary system of Pakistan.

President could dissolve National Assembly when vote of no-confidence had been passed against Prime Minister, and no other member of National Assembly had confidence of majority of members of National Assembly in accordance with provisions of constitution.

President could dissolve National Assembly when a situation had arisen in which government of federation could not be carried on in accordance with provisions of constitution and an appeal to electorate had become necessary.

Through the Eighth Amendment transformed parliamentary system of Pakistan into semi-presidential system. In fact, this amendment granted vast powers to President, and these powers made President more powerful than Parliament.

Eighth Amendment produced negative effects on political or parliamentary system of Pakistan. First it changed parliamentary system into semi-presidential system, and then caused dissolution of five elected National Assembly with dismissal of five elected governments.

To conclude, it can be stated that amendments, which have been so far made in constitution of Pakistan, can be divided into two kinds: some of the were passed by Parliament and other amendments were inserted into constitution by military dictators. Eighth Amendment was that Amendment, which was initially introduced by military dictator and which Parliament later on had to pass, because it was mandatory for its won survival. In this way, acts of General Zia-ul-Haq’s regime were protected under this Amendment

Govt of India Act 1935 was a mixed reaction among the major Political parties after the failure of the 3^rd round table conference with the passage of time, their resentment and bitterness increased. In such situation, major Indian parties demanded more participation in central Government. Consequently, British Parliament has to pass Govt of India Act in 1935. The bill was discussed in House of Commons for 43 days and 13 days in the House of Lord and finally, after sign of King it was enforced.

Follow are Silent Feature of Indian Act 1935

The Govt India Act 1935 was in written form which consisted of 14 Parts and 10 Schedules.

The Govt of India Act 1935 introduced the Provincial autonomy. All the Ministers were responsible to the legislature.

Method of direct elections was introduced one third Muslim representation in central legislature. 1/3^rd Muslim representation in central legislature was guaranteed.

Burma and Adden were separated from India.

The Govt of India act 1935 also introduced the eleven Governor Provinces.

Another important feature of the Govt of India Act 1935  was that it created 5 Chief commissioners Provinces.

The Govt of India Act 1935 provided a reasonable govt which had to be accountable for its acts.

Separate electorate was retained. However, its scope was enlarged by giving separate electorate to Anglo-Indians and Indo-Christians.

Without permission of Governor General, no finance bill could be placed in Federal Legislature. It was another defect of this act.

To conclude, it can be stated that provincial part of this act was introduced while its federal part was never introduced. Even both Muslim and Hindu political leadership criticized this act. However, reality is that Indian Independence Act and Government of India Act provided interim constitution for Pakistan after independence.

The 1973 constitution of Pakistan was adopted on April 12, 1973. This constitution fully represents the ideology and democratic aspiration of the people of Pakistan and constitution is the supreme law of the land and it is considered as an instrument by which a Government can be run. It replaces the basic laws of the state. It decides the attributes of the government and provincial Govt. In constitution is federal cum parliamentary in its characteristics. The constitution of Pakistan is based on principle of tracheotomy of power. It is a social contract which binds people, society and a state to act within the framework of the constitutions

The sources of constitution of Pakistan 1973 are as follows;

Constitutional history of Pakistan opened with objective Resolution. It was the first constitutional document of Pakistan. It provided foundation or base of constitution development in Pakistan. Later on, it was included in Preamble of all three constitutions of Pakistan. Now it is part of Constitution of Pakistan 1973

The Punjab. The Balochistan, The Sindh, The N.W.F.P

RCO

The results of the 1985 elections were not what General Ziaul Haq expected — a number of liberals managed to make it to the parliament, while many of his Shura members and ministers were defeated, indicating non-approval of his policies by his friends.

The next step was to find a prime minister in a parliament elected on non-party basis.

Accepting the outcome of the elections but not wanting to loosen his grip over the house, Gen Zia decided to seek legal help. His talented legal advisers, A.K. Brohi and Sharifuddin Pirzada, recommended undertaking a number of constitutional amendments to give him an umbrella. Gen Zia was bent on changing the character of the Constitution from parliamentarian to presidential. For this purpose, a long list of amendments was prepared and without going into details Gen Zia informed his Martial Law Administrators (MLAs) to authorise him to bring the required changes in the constitution for which, according to him, the Supreme Court had empowered him — a reference to the SC verdict in Nusrat Bhutto case on Nov 10, 1977.

On March 2, 1985, he issued The Revival of Constitution of 1973 Order (RCO). It changed 67 clauses and sections of 280 articles of the Constitution — largest number of amendments carried out in one day in the history of Pakistan. The purpose of the amendments was obviously to tailor the Constitution to suit Gen Zia and make him an all powerful president, by concentrating all powers of the parliament in one person.

ederation of Pakistan v. Maulvi Tamizuddin Khan (1955)

 Is a court case of the Dominion of Pakistan. The Federal Court of Pakistan (now the Supreme Court of Pakistan) ruled in favor of the Governor General of Pakistan's dismissal of the 1st Constituent Assembly of Pakistan. The dismissal was legally challenged by Maulvi Tamizuddin Khan, the president of the assembly. Except one dissenting opinion, the majority of the court supported the dismissal on grounds of the doctrine of necessity. The verdict was considered a blow to democratic norms, which had ramifications in modern-day Pakistan and Bangladesh.

Facts
In 1954, Governor General Ghulam Muhammad dissolved the Constituent Assembly of Pakistan. Earlier, he dismissed Prime Minister Khawaja Nazimuddin who enjoyed the confidence of the constituent assembly. Maulvi Tamizuddin Khan, the President of the Constituent Assembly and a representative from East Bengal, challenged the Governor General's actions in the Sindh High Court, where the dissolution was ruled as ultra vires. The federal government appealed in the country's apex Federal Court

Judgement
In 1955, the Federal Court led by Chief Justice Muhammad Munir ruled in support of the Governor General. The court suspended the decision of the High Court and held the Governor General, and not the Constituent Assembly, to be the sovereign authority. The court opined that royal assent can only be given by the Governor General as Pakistan was still a dominion and hence not a fully independent country. It gave the doctrine of necessity as the grounds for its decision

Dissent
A lone dissenting opinion was given by Justice Alvin Robert Cornelius who argued Pakistan was indeed an independent country within the Commonwealth.

Significance
The verdict dealt a blow to the notion of parliamentary supremacy in Pakistan. The irony was that Pakistan was an independent dominion created by the Indian Independence Act 1947. The British parliament enjoyed parliamentary supremacy in its own realm. But the Federal Court's verdict stripped Pakistan's parliamentary supremacy, even though Pakistan itself was an independent realm of the British monarchy. The verdict paved way for the future judiciary to support unconstitutional and undemocratic actions, such as military coups. The doctrine of necessity was applied by successive Pakistani and Bangladeshi courts to validate the actions of martial law authorities.

LFO 2002

The Legal Framework Order, 2002 was issued by Pakistani president Pervez Musharraf in August 2002. It provided for the general elections of 2002 and the revival of the 1973 Constitution of Pakistan, and added numerous amendments to the Constitution. The following month, the Supreme Court overruled Musharraf, ruling that the amendments would have to be ratified by Parliament in the manner provided in the unamended 1973 Constitution—the amendments would have to be approved by two-thirds of both houses of the bicameral body.

After the October 2002 general elections, although Musharraf's supporters had a majority in Parliament, they did not have the required two-thirds supermajority to ratify the Legal Framework Order. Parliament was effectively deadlocked by strident opposition from Musharraf's opponents for over a year. In December 2003, a faction was persuaded to vote for a compromise amendment bill, the Seventeenth Amendment to the Constitution of Pakistan. With this amendment, parts of the Legal Framework Order were incorporated into the Constitution.

Draft constitution of 1954

During the 1954 campaign to ‘Discuss the Draft Constitution’, Chinese officials and citizens engaged in a surprisingly frank and wide-ranging deliberation about political and social rights, the obligations of citizenship, conscription, state symbols, religion, political institutions and Marxist ideology. After several years of political upheaval, many asked wise-cracking, penetrating, and prescient questions about law, class, and political power. There were also provocative suggestions for revising this foundational document. Using records of these meetings in archives and internal CCP publications, this talk will focus on the content of these discussions. It will assess their implications for the conventional historiography of the Mao era, and it will ask how they might help us to rethink the origins of popular constitutionalism in the PRC.