Tag Archives: Constitution of 1973

Objectives Resolution And Secularism 1

For the benefit of our Urdu readers, we are reproducing in full the multi-part series by Lahore-based writer and intellectual Wajahat Masood who writes in Daily Aaj Kal.  -YLH

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Highlights of the 18th Constitutional Amendment

Posted by Raza Rumi

* Amendment to Article 6 seeks to pre-empt military coups in future
* Article 58(2b) to be repealed, substituted with ‘Dissolution of National Assembly’
* President may dissolve NA in case no-confidence vote passed against PM
* Total strength of cabinet should not exceed 11% of total membership of parliament
* Governor should be a resident and registered voter of his/her province, he/she would be appointed by president on prime minister’s advice
* Provinces required by law to establish local government systems, devolve political, administrative and financial responsibility and authority to elected representatives
* PM to be chairperson of CCI, members to include CMs, 3 members from federal govt
* Amendment to Article 157 says federal government must consult provincial government before installing hydroelectric power stations in any province
* PM to forward three names for office of CEC, in consultation with opposition leader in National Assembly, to a parliamentary committee for confirmation
* Committee proposes insertion of Article 175(a) to deal with appointment of judges to Supreme Court, high courts, Federal Shariat Court
* Committee proposes substitution of Article 243, says federal government ‘shall have control and command of armed forces, supreme command of armed forces shall [rest with] … president’
* President to appoint Joint Chiefs of Staff Committee chairman, chief of army staff, chief of naval staff, chief of air staff
* NWFP will be renamed ‘Khyber-Pakhtoonkhawah’
* State will provide free, compulsory education to children aged between 5 and 16 years Continue reading

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SHAME: “Progressive” 18th Amendment Ends Forever The Possibility Of A Non-Muslim Prime Minister!

By Yasser Latif Hamdani

I know the self styled “progressives” hate it when I bring up Pakistan’s founding father but here I am forced to do so again:

Even now there are some States in existence where there are discriminations made and bars imposed against a particular class. Thank God, we are not starting in those days. We are starting in the days where there is no discrimination, no distinction between one community and another, no discrimination between one caste or creed and another. We are starting with this fundamental principle that we are all citizens and equal citizens of one State. – Mahomed Ali Jinnah,  The Founder of Pakistan

Sadly –  Modern Pakistan is one of those states Jinnah warned against!  If we started with this fundamental principle,  well we have been moving backwards for over 63 years now. Continue reading

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Filed under Constitution, Democracy, Jinnah's Pakistan, Pakistan, People's Pakistan, Religion, secular Pakistan, Yusuf Raza Gillani

Attention Madam Speaker Of The National Assembly Of Pakistan

I received this email and an appended letter to the honorable Speaker of the National Assembly of Pakistan,  Dr. Fahmida Mirza.   This is not being posted here for sectarian debate or any other kind of debate but for right of information- any attempts at introducing a theological debate on the issue shall be subject to automatic deletion.   Surely the geniuses who believe that the second amendment to the constitution was justified should not have any problem bringing to light the fascinating debate on the issue.   And it is appropriate that the PPP government should be in power as it was the party in power then as well. -YLH  

Dear Mr. Hamdani sahib, Hello Sir!

 My name is Bashir Khan and I am a recent graduate of the University of New Brunswick Faculty of Law which is located on the east coast of Canada (bordering Maine). At the moment I am working for a firm specialising in human rights and refugee law. I am a Pakistani-Canadian and have been living in Canada from the age of 11.  I am myself an Ahmadi Muslim. I wanted to mention this so that I could express to you that I am a strong believer in Mr. Jinnah’s secular Pakistan where all citizens regardless of cast, creed and religion are equal citizens of the state. Continue reading

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Jennifer Musa

From Daily Telegraph UK, Published 18-Jan-2008

http://www.telegraph.co.uk/news/obituaries/1575879/Jennifer-Musa.html

 

Irish nurse who became head of a tribe in Baluchistan and dedicated her life to its interests

Jennifer Musa, who has died aged 90, was an Irishwoman of modest stock who took over from her husband as head of a tribe in the remote borderlands of Baluchistan; unveiled and uncompromising, she dedicated her life to the conservative Muslim tribesmen among whom she lived for 60 years until her death.

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Filed under Afghanistan, baluchistan, Democracy, History, Jinnah, Pakistan, Partition, Politics, quetta, Taliban

NRO Debate Continues …

By Yasser Latif Hamdani

Duniya ki tareekh gawah hai,  adl bina jamhoor na hoga  

History bears witness,  there shall be no republic (democracy) without justice

-From Aitzaz Ahsan’s Poem “Kal, Aaj Aur Kal” – the anthem of Pakistan’s Lawyers’ Movement.  

“I am for the Law.  We wish for a republic of laws.”   John Adams- one of the founding fathers of the United States of America.

 “The first observation that I would like to make is this: You will no doubt agree with me that the first duty of a government is to maintain law and order, so that the life, property and religious beliefs of its subjects are fully protected by the State.”   Mahomed Ali Jinnah- our Quaid-e-Azam.

The decision on NRO was a historic one.   Based on the short order, however, a reasonable apprehension exists that by invoking articles 62-f and 227,  the Court has effectively brought into play dormant Islam-inspired clauses which shall further strengthen rightwing in Pakistan.   This apprehension is obviously not without merit.   Articles 4, 8 and 25 – 8 and 25 being fundamental rights which according to constitutional theory are supreme-  were much stronger clauses and the court did well to invoke these but this is where the court should have stopped.  Ofcourse this is entirely a conjecture without the detailed judgment.   That said the important thing is that the NRO has been reversed and it has strengthened democracy whether nay-sayers accept it or not.  The people need to see that the system works and punishes crooks no matter how powerful they are.  And there is no doubt that the Supreme Court should also take to task those holy cows that have run amok in the country but that will also happen in good time.   Continue reading

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Filed under Jinnah's Pakistan, Justice, Pakistan

Communist Party Of Pakistan Moves Against Presidential Immunity

By Yasser Latif Hamdani

This news story caught my attention

The Communist Party of Pakistan (CPP) on Monday challenged the immunity to president under Article 248 of the constitution, asking for the article to be struck down, as it “violates all teachings and injunctions of Islam”. The petition – filed by CPP Chairman Jamil Malik – also asks the court to hear the party’s view along with the ongoing NRO cases being heard by a 17-member larger bench, headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry. The petitioner cited China as an example, saying the constitution of that country gave courts the right to summon any leader, including the president, to punish him/her if a crime was proven He asked the court to strike down and interpret Article 248 in its true perspective. staff report Continue reading

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