Constitutions of Pakistan

        Constitutions of Pakistan (1956, 1962 and 1973)

The need of a constitution to be framed by the elected representatives of the people was all the more necessary for the free citizens of a sovereign state.

Pakistan became independent of the United Kingdom in 1947. Under Section 8 of the Indian Independence Act, 1947, the Government of India Act, 1935 became, with certain adaptations, the working constitution of Pakistan. But the need of a constitution to be framed by the elected representatives of the people was all the more necessary for the free citizens of a sovereign state. There were three constitutions beginning by 1956 constitution, then 1962 constitution and then the last was 1973 constitution.

The first Constituent Assembly was formed under the ‘Independence Act’ and was entrusted with the task to formulate a constitution for Pakistan.

After assuming charge as Prime Minister, Chaudhry Muhammad Ali along with his team worked day and night to formulate a constitution for Pakistan. His efforts led to the first constitution that was enforced in the country on March 23, 1956. Pakistan's status as a dominion ended and the country was declared an Islamic Republic of Pakistan. Thereupon the Constituent Assembly of Pakistan became the interim National Assembly and Governor General Iskander Mirza was sworn in as the first President of Pakistan.

One of the main features of the Constitution was its Islamic character. The president, who was required to be a Muslim of at least 40 years of age He was to set up an organization for Islamic research with the aim of establishing a true Islamic society. The Objectives Resolution was, however, only made the preamble of the Constitution and not included in its main text.

The President had the power to appoint the Prime Minister from amongst the members of the National Assembly. However, his appointee had to take a vote of confidence from the Assembly within two months of his appointment. The President also had the power to remove the Prime Minister if he felt that the Prime Minister had lost the confidence of the majority of the National Assembly members.

The Constitution of 1956 provided for parliamentary form of government with a unicameral legislature. The Constitution recognized the concept of One Unit, and the seats were divided equally between the two wings of the country. Thus the principle of parity was introduced. For the first ten years, five additional seats were reserved for women for each wing. National Assembly was to meet at least twice a year with at least one session at Dhaka. The Constitution offered direct elections under adult franchise. Every citizen of Pakistan with minimum age of 21 was allowed to vote in the elections.

The Constitution of 1956 proved to be short lived as on 7 October 1958, President Iskander Mirza staged a coup d'état. He abrogated the constitution, imposed martial law and appointed General Muhammad Ayub Khan as the Chief Martial Law Administrator.

The 1962 constitution provided for a federal system with the principle of parity between East Pakistan and West Pakistan. Both the provinces would run their separate provincial governments. The President was the head of the state as well as the head of the Government. . The minimum age was 35 years and he could not hold the position for two consecutive terms and the term, was of five years.

The President had the power to appoint Provincial Governors, Federal Ministers, Advocate General, Auditor General and Chairmen and Members of various administrative commissions.

Principle of Basic Democracy was introduced for the first time in the country and the system of indirect elections was presented. Only 80,000 Basic Democrats were given the right to vote in the presidential elections. The Eighth Amendment later increased this number to 120,000. Half of them were to be from the Eastern Wing, the rest from the Western Wing of the country.

According to the Constitution of 1962, the Executive was not separated from the Legislature. The President exercised veto power in the legislative affairs and could even veto a bill passed by the National Assembly with a two-third majority. He had the power to issue ordinances when the Assembly was not in session.

The President had the power to dissolve the National Assembly. Federal form of government was introduced in the country with most of the powers reserved for the Central Government. There was a federal list of subjects over which the provinces had no jurisdiction. Governors were to enjoy the same position in the provinces, which the President was to enjoy in the centre.

Islamic clauses were included in the Constitution. These could not be challenged in any court of law. The state was named the ‘Republic of Pakistan’, but the first amendment added the word "Islamic" to the name. The word "Islam" and not "Quran and Sunnah" was used in the Islamic clauses to give a liberal touch to the Constitution.

Both Urdu and Bengali were made the national languages of Pakistan and English was declared as the official language of the country for the first ten years. When Ayub Khan handed over 

After assuming charge as Prime Minister, Chaudhry Muhammad Ali along with his team worked day and night to formulate a constitution for Pakistan. His efforts led to the first constitution that was enforced in the country on March 23, 1956.

power to Yahya Khan, Martial Law was enforced in the country and the Constitution was terminated on March 25, 1969.

There was no restriction of religion for a person holding the office of the Speaker of the National Assembly. Secondly, if the President resigns from his office or vote of no-confidence passes against him, then according to the Constitution the Speaker would act as the President of the State till the election of new President. Under these special circumstances, a non-Muslim might get the chance to be an acting President of Pakistan...

The 1973 Constitution was the first achievement of Bhutto Government. The National Assembly approved the 1973 Constitution on April 10, 1973, and it came into effect on August 14. Bhutto took over as the Prime Minister of Pakistan from this date and Fazal Ilahi Chaudhry was appointed as the President of Pakistan.

The Constitution was parliamentary in nature. President was to be the Head of the State. The head of the Government, according to the Constitution, was the Prime Minister. The Prime Minister and his Cabinet was accountable to the National Assembly for his actions.

The Prime Minister would be elected by the majority of the National Assembly. The President was to be a Muslim above 45 years of age and was to be elected by a joint sitting of members of the Parliament for 5 years. He could be re-elected but could not hold office for more than two terms.

The President was to act on the advice of the Prime Minister of Pakistan. The President could be removed on the grounds of physical or mental incapacity or impeached on charges of violating the Constitution or gross misconduct. The President was authorized to appoint the Attorney General, Judges of Supreme Court and High Courts, and the Chief Election Commissioners.

The 1973 Constitution set up a bicameral legislature at the Centre consisting of two Houses, the National Assembly and the Senate. The National Assembly consisted of 200 seats elected directly for duration of five years. The President on the advice of the Prime Minister could dissolve the National Assembly.

The Senate was to consist of 63 members; each province was to elect 14 members. In the Provincial Government, each province will have a Governor appointed by the President. The Provincial Assembly for each province consisted of 240 seats for the Punjab, 100 seats for Sindh, 80 seats for N W F P., and 40 seats for Baluchistan.

The 1973 Constitution provided a free and independent Judiciary. The Constitution guaranteed a right to the citizens; to be protected by law, and imposed two duties on them, loyalty to the Republic and obedience to the law. National Finance Commission(NFC), Council of Common Interests(CCI) and National Economic Council(NEC) were included in the constitution for the first time.

In light of the previous experience, the Constitution of 1973 was more Islamic in character than the previous ones. The Constitution recognized Islam as the religion of the country and enjoined upon the State to serve the cause of Islam and to bring all existing laws in conformity with Islam.

The Constitution of 1973 remained in force for nearly four years. It was, however, suspended by General Muhammad Zia-ul-Haq, who imposed Martial Law in the country on July 5, 1979.

                      Ethical Discussion on Facebook

Outline

ü Family discussion Cyber-bullying [Personal Information Leak]

Ruined relationships- 

Distraction- 

 Insecurity- 

 Stalker friendly-

                      Monopoly

 Impact on Career Life and Personal Life:

            Usage of Facebook

Conclusion

Social networks such as Facebook raise numerous ethical issues, many related to privacy. Facebook gives users more control over what is and is not publicly available in comparison to other parts of the Internet. These failures raise ethical concerns: for example,

1       Family discussion:

Current or potential employers being able to discover compromising information posted about you via social networks. We argue that, as long as employers continue to gather information legally and without deception, social networks do not raise fundamentally new ethical concerns.

2.  Cyber-bullying [Personal Information Leak]:

 On Facebook it is very easy for cyber bullies to thrive. They can harass and/or gang up on one person even easier than they could in a school environment. There aren't moderators that go around monitoring what people say to each other. Anything can be said. There are also a relatively small amount of parents that have Facebook accounts and keep up with their children's.

3.          Ruined relationships:

Facebook is notorious for causing couples to break up. Let's face it, no one wants to see their girlfriend/boyfriend telling other people that they look cute, or liking their pictures, or instant messaging them constantly. It is unethical and cannot allow in our society. Because this is not a part of Pakistan culture. It builds up jealousy, which causes quite a bit of tension in a relationship. The fact that many people try to hook up with others over Facebook while not realizing that these people are in a relationship doesn't help the issue.

4.          Distraction:

At the end of the day you may have seen your cousin's new outfit or talked to your sister who is in college, but you still haven't really accomplished anything in the hours that you were on. Critics of Facebook claim that it is a worldwide distraction and even obsession that amounts to nothing except for significant amounts of time wasted. There is even a group that is trying to stunt the influence of Facebook called "Facebook Detox."

5.           Insecurity:

Facebook is a cause for insecurities due to the fact that it makes people compare themselves to others. How can you not when all you see is pictures of your friends and acquaintances on your newsfeed? In Pakistan people feel too much insecure.

6.           Stalker friendly:

 Facebook is a very stalker friendly website. Theoretically, someone that you don't even know can say that they go to your school, add you, and get all of your information. This may include your phone number, house address, and locations you visit frequently. Not to mention the fact that they will be able to go through all of your pictures and get to know you completely without you ever knowing. This is a scary thought, but it is a real issue. And sometimes in Facebook girls pictures are uploaded, and in Pakistani culture this cannot accept because this is unethical act. Our system which is based on Islamic law so, being as a Muslim vulgar talk and the clothes which are out of Islamic code cannot allow.

7.           Monopoly: 

Facebook is the center of all business advertisements, thanks to its huge fan base. This is affecting many other small companies and startups that have no other choice but to link themselves to Facebook to market their products. Even startups force themselves to join Facebook to promote their products. But sometimes these advertisement upload the unethical address and products for example alcohol and bears etc. and this become one of great issue now a days.

8.          Impact on Career Life and Personal Life:

 People add their colleagues, family and friends to their friends' list. Make a negative comment about anyone, and it is extremely easy to find. This can be especially detrimental at your workplace. Don't think about telling friends you're looking for a new job or complaining about your boss when you have them as a Facebook friend! Depending on your job, you may also be in trouble if a friend posts pictures of you with a drink in your hand or at a party. If you work with young children or in certain professional roles, this could be grounds enough to get you fired.

With so much of your private information available in your Facebook account, it's easy for scam artists and hackers to use this information to target your other accounts—such as, email, banking, and PayPal.

 No matter how secure a website is, hackers always find a way around so they can try to spread worms and viruses via the website. Since news spreads very fast on Facebook, a click on an unknown link is all that is needed to spread the virus to your friends, their friends and so on. It is always good to be careful before clicking links and following them.

Being aware from Pakistani culture and special being as a Muslim country Government should restricted band the vulgar advertisement, talk, video’s, pictures, and all those things which are consider unethical and act against the Pakistani culture and special broke the Islamic law.

9.         Usage of Facebook:

However, they were both adopted before the onset of social media, and hence are somewhat open to interpretation when it comes to personal attitudes and behavior in the virtual sense. Social media use runs the gamut from purely personal communication with friends and family to purely professional communication with colleagues and clients. Sometimes contexts (e.g., student pharmacist, sorority sister, high school friend) overlap, and when viewed through social media, are rendered inseparable.³⁸ Because of this blending of public/private lives, discussions pertaining to ethical use of social media can quickly disintegrate into a seemingly unending web of controversies. The initial set of ethical issues identified in the earlier review⁴ still have not been resolved entirely and more have arisen. However, identification and comprehension of the base ethical issues have increased due in part to research on the topic and attention from the media.

10.                       Who Is Viewing the Information?

One of the core ethical questions is, “Is it acceptable for someone outside an individual's social network to view that person's social media information?” Although one can argue that information placed online can be considered “public,” there is still an ethical issue of whether that “public” is an “open public.” Much of the conversation occurring through social media is directed at a select group of friends, colleagues, and cohorts. According to some, anyone outside of that intended audience who views social media may violate the basic concept of individual privacy.

11.                       Conclusion:

Because this topic pertains to legal and ethical issues, it inherently lends itself to a somewhat negative and critical nature. However, social media tools can be excellent means for creating and sustaining relationships among faculty members, staff members, schools, students, and alumni. They have the potential to increase communication and enhance ties with the college “family.” At the same time, the openness of social media presents the potential for ethically and legally challenging confrontations when one or more members of the “family” provide inappropriate information. Educators need to take certain steps to safeguard themselves as well as the reputation and well-being of their students.

All members of the student body, faculty and staff members, and administration should be educated concerning the legal and ethical issues surrounding social media. Understanding the issues may prevent negative incidents related to social media.