The Council, however, said that the president has full right to exercise such a power in punishments given under penal code (man-made law) and which does not relate to Haqooqul Ibaad (duties towards mankind in Islam). Please become an honorary member, to join the collective effort to save The Constitution of Pakistan. The Objectives Resolution to form part of substantive provisions 3. 2. April, 1973 and the Assembly published the Constitution of the Islamic Republic of Pakistan. Change ). “Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of … … 2. It is also bound to advise a House, a provincial assembly, the president or a governor on any question referred to the Council as to whether a proposed law is or is not repugnant to the injunctions of Islam. Notwithstanding anything contained in the Constitution, the President may, in accordance with the provisions of this Article, be removed from office on the ground of physical or mental incapacity or impeached on a charge of violating the Constitution or gross misconduct. ... 45:13. Conditions of President’s office .-. Article 25-A guarantees the provision of free and compulsory education to all children aged 5–16 years in such a manner as may be determined by the law. Learn how your comment data is processed. Article 184(3) does not have the clogs of Article 199 of the Constitution. Part XII Chapter 3 Constitution Home Info Pakistan Home Article 89: Power of President to promulgate Ordinances. Justice Athar recuses himself from hearing petition against Article 45 October 25, 2018 on ... of the presidential powers to grant pardon to convicts under Article 45 of the Constitution. (1) The President shall not hold any office of profit in the service of Pakistan or occupy any other position carrying the right to remuneration for the rendering of services. _________________________________________________________________________________. Article 1(2) of the Constitution of Pakistan considers FATA to be a territory of Pakistan. Attorney General of Pakistan (Article 100 of Constitution of Pakistan 1973) - Duration: 2:36. The President may, except when the Senate or National Assembly is in session, if … Article 43: Conditions of President's office 1. The Fifteenth Amendment bill to the Constitution of Pakistan (Urdu: آئین پاکستان میں پندرھویں ترمیم) was passed by National Assembly of Pakistan on 28 August 1998. ( Log Out /  Islam to be State religion 2A. While considering a reference made by the Ministry of Law and Justice regarding an amendment sought in the constitutional provision, the Council noted that the president could not pardon any punishment given under Islamic laws of Hadood and Qisas. 14 of 1985), (promulgated on March 2, 1985 and published in the Gazette of Pakistan, 6 Dr The Council is also mandated by the Constitution to make recommendations to the parliament and the provincial assemblies as to the ways and means of enabling and encouraging the Muslims of Pakistan to order their lives individually and collectively in all respects, in accordance with the principles and concepts of Islam as enunciated in the Holy Quran and Sunnah. 245. The CII was also constituted for the purpose of reviewing each and every law of the country to ensure that no such law is made or enforced which is against the teachings of Islam. 45. Drafted by the government of Zulfiqar Ali Bhutto, with additional assistance from the country's opposition parties, it was approved by the Parliament on 10 April and ratified on 14 August 1973. 14-The Conduct of General Elections Order, 2002. Article 45 of the Constitution envisages, “The President shall have power to grant pardon, reprieve and respite, and to remit, suspend or commute any … Change ), You are commenting using your Twitter account. Since then, a number of amendments have been made therein and it … The Council said that the president in the interest of the country and the nation could grant pardon or remit the sentence. Article 45 of the Constitution envisages, “The President shall have power to grant pardon, reprieve and respite, and to remit, suspend or commute any sentence passed by any court, tribunal or other authority.” The Jamaat-e-Islami chief, Senator Sirajul Haq, had recently moved a constitution bill in the Senate recommending amendment in Article 45 of the Constitution. Leading & Latest Cases on Article 45 of the Constitution of Pakistan, 1973 : Please log in using one of these methods to post your comment: You are commenting using your WordPress.com account. ( Log Out /  In the exercise of his functions, the President shall act on and in accordance with the advice of the Cabinet or the Prime Minister. The RTE campaign stems from low enrollment levels in Pakistani schools, and low literacy levels (especially among Pakistani females ) depicted by the Annual Status of Education Report (ASER). (The Constitution of the Islamic Republic of Pakistan (1973, as amended up to Feb. 28, 2012), art. However, according to sources the then parliament neither deliberated on the subject nor it moved to amend the Article 45 to change it in line with the teachings of Islam. Right to Education Pakistan, also known as RTE Pakistan or simply RTE, is an advocacy campaign for equal education rights for all children in Pakistan. 1(2), National Assembly of Pakistan President of Pakistan Human rights abuses Referendum in 1984 Eighth Amendment Ojhri Camp disaster Zakat Council 1978 massacre at Multan Colony Textile Mills The Eighth Amendment to the Constitution of Pakistan (Urdu: آئین پاکستان میں آٹھویں ترمیم) allowed the President to unilaterally dissolve the National Assembly and elected governments. President’s power to grant pardon, etc.-The President shall have power to grant pardon, reprieve and respite, and to remit, suspend or commute any sentence passed by any court, tribunal or other authority. The Council also makes recommendations as to the measures for bringing existing laws into conformity with the injunctions of Islam and the stages by which such measures should be brought into effect. Zain Sheikh & Associates, Advocates & Corporate Consultants, Comparative Table of Article 45 of the Constitution of Pakistan, 1973, FEDERATION OF PAKISTAN THROUGH SECRETARY, LAW AND, The Constitution of Pakistan, 1973 Developed by Zain Sheikh, 001- The Contempt of Court Ordinance, 2003, 05-The Diplomatic and Consular Privileges Act, 1972, 06-The Vienna Convention on Consular Relations, 1963, 07-Vienna Convention on Diplomatic Relations, 1961, 09- The Pakistan Penal Code, 1860 Part II. 15-The qualifications to Hold Public Offices Order, 2002, 17-The Representation of People Act, 1976, 20-The Representation of the People (Conduct of Election) Rules, 1977, 21-CODE OF CONDUCT FOR POLITICAL PARTIES AND CONTESTING, 24-Protection of Women (Criminal Laws Amendment) Act, 2006, GOVERNMENT OF BALOCHISTAN THROUGH SECRETARY, HOME. [Constitution] Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. Constitution of the Islamic Republic of Pakistan 1973, art 113. The President shall not hold any office of profit in the service of Pakistan or occupy any other position carrying the right to remuneration for the rendering of services. ( Log Out /  However, the power under Article 184(3) can only be exercised if ( Log Out /  With the 16th Amendment, article 27 of the Constitution of Pakistan was amended to give a representation of minorities and imposed a quota for the next 40 years. 2. ISLAMABAD: The Council of Islamic Ideology (CII) has found Article 45 of the Constitution, which gives power to the President of Pakistan to grant pardon to convicts, un-Islamic. The recommended proviso envisages, "provided the president shall not use these power in relation to punishments given under Hadood and Qisas," the Islamic laws. There shall be a President of Pakistan who shall be the Head of State and shall represent the unity of the Republic. (1) There shall be a President of Pakistan … Elimination of Article 48: President to act on advice, etc 1. (2) A person shall not be qualified for election as President unless he is a Muslim of not less than forty-five years of age and is qualified to be elected as member of the National Assembly. President of pakistan article 41 to 45 of constitution of pakistan 1973 in urdu and hindi Chapter 1: The President 41 The President. The Council said that empowering the head of the state with such powers of pardon is against the Islamic Shariah. This site uses Akismet to reduce spam. Also, the constitution does not allow anyone to head a political party if he/ she doesn’t fulfill article (62) and (63) of the constitution which says he is Sadiq and Ameen. The Council will not forward its recommendation regarding Article 45 to the Law Ministry, which had referred the case to the CII. Under the 1973 Constitution, no law could be made against the teachings of Quran and Sunnah. THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN CONTENTS 1. 47 [. The constitutional amendment bill was recently moved in the Senate. There shall be a President of Pakistan who shall be the Head of State and shall represent the unity of the Republic. (ii) The Constitution (Nineteenth Amendment) Act, 2011 (Act I of 2011), adopted by the National Assembly on the 22nd December, 2010, and by the Senate of Pakistan on the 30th December, 2010, unanimously, and assented to 1. The Council in its meeting, held last week, considered the proposed amendment and noted that in the past too, the CII had deliberated on the subject and had concluded that the Article 45 in its present shape in un-Islamic. The Republic and its territories 2. Change ), You are commenting using your Google account. [2] While Article 246 focuses on defining what parts of Pakistan are defined as tribal areas, Article 247 goes into detail regarding the exceptions or restrictions on the application of the constitution to the tribal areas. Article: 45 President’s power to grant pardon, etc 45. tap to bring up your browser menu and select 'Add to homescreen' to pin the The News web app. Key Highlights of the Constitution Of Pakistan The constitution of Provided that within fifteen days the President may require Siraj had proposed a proviso to be added to Article 45. Under Article 184(3) there are no trappings of sub Articles 1(a) and 1(c) of Article 199. Article 45 of the Constitution of the Islamic Republic of Pakistan gives the President the power to grant pardon, reprieve and respite, and to remit, suspend or commute any sentence passed by any court, tribunal or other authority. The Constitution of the Islamic Republic of Pakistan (Urdu: آئین پاکستان), also known as the 1973 Constitution, is the supreme law of Pakistan. Functions of Armed Forces.- 1 [ (1)] The Armed Forces shall, under the directions of the Federal Government, defend Pakistan against external aggression or threat of war, and, subject to law, act in aid of civil power when called upon to do so. The said recommendation of the CII was published in its annual report for 2012-2013. The limit of this quota was 10 years before this amendment. Millennium Mathematics Project - maths.org Recommended for you 45… Article 41: The President 1. 5 Revival of the Constitution of 1973 Order, [1985] (President’s Order No. The CII’s recommendation will then be presented before the Senate for it consideration. Change ), You are commenting using your Facebook account. 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