
PARLIAMENTARY HISTORY
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The Muslims of India had, since the middle of nineteen
century, begun the struggle for a separate homeland on the basis of the two
Nation theory. The British rulers
realized that the Hindus and Muslims of India remained two separate and
distinct nations and socio-cultural entities. The British rulers were left
with no option but to eventually accept the demand of the Muslims of
India. On 3rd June1947, Lord Mountbatten, the last
Viceroy of India, called the conference of all the leaders of the
Sub-continent and communicated to them his Government's Plan for the transfer
of power. At that time, a notification
was issued in the Gazette of India, published on 26th July 1947 in
which the first Constituent Assembly of Pakistan was given shape with 69
Members (later on the membership was increased to 79), including one female
Member. The State of Pakistan was created under the Independence
Act of 1947. The Act made the
existing Constituent Assemblies, the dominion legislatures. These Assemblies
were allowed to exercise all the powers which were formerly exercised by the
Central Legislature, in addition to the powers regarding the framing of a new
Constitution, prior to which all territories were to be governed in
accordance with the Government of India Act, 1935. The first session of the first Constituent Assembly of
Pakistan was held on
The foremost task before the first Constituent Assembly
is of framing the Constitution for the nation. On The final draft of the Constitution was prepared in
1954. By that time, Muhammad Ali Bogra
had taken over as the Prime Minister.
However, just before the draft could be placed in the House for
approval, the Assembly was dissolved by the then Governor General Ghulam
Muhammad on 24th October1954. The Prime Minister was, however, not
dismissed and was asked to run the administration, with a reconstituted
Cabinet, until such time as the elections were held. Maulvi Tamizuddin, President of the Assembly, challenged
the dissolution in the The second Constituent Assembly of Pakistan was created
on On Under 1956 Constitution, Parliament was unicameral. Legislative powers vested in the
Parliament, which consisted of the President and the National Assembly
comprising 300 Members divided equally between East and However, in the absence of any law to control the
Political Parties and the problem of floor crossing, political instability
perpetually ensued. Although the first
general election were scheduled for early 1959, President Sikandar Mirza
abrogated the Constitution, dissolved the National and Provincial Assemblies,
and declared Martial Law, on On General elections under the new Constitution were held on
The Constitution of 1962 envisaged a The electoral system was made indirect, and the `Basic
Democrats', for both wings were declared Electoral College for the purpose of
electing the Assemblies and the President.
Basic democrats were 80,000 in number (40,000 from each East &
West Pakistan). The total membership of the National Assembly was 156, one
half of whom were to be elected from On The first session of the National Assembly, due to the
delay caused by the separation of East Pakistan, was held on 14thApril
1972 at the State Bank Building, Islamabad, in which all 144 Members from
West Pakistan and two from former East Pakistan (Mr. Noor-ul-Amin and Raja
Tridev Roy who had chosen to join Pakistan) participated. On The Assembly also formed a Constitution Committee on The 1973 Constitution provides for a parliamentary form
of government where the executive authority of the state vests with the Prime
Minister. The President, according to the Constitution, is at the apex,
representing the unity of the Republic. From 1947 to 1973, the country had a unicameral system of
legislature. Under the 1973 Constitution, Under the 1973 Constitution the National Assembly is elected
for five years term, unless sooner dissolved.
The seats in National Assembly, unlike the Senate, are allocated to
each province and other units of the federation, on the basis of population. The Constitutional provision of 20 special
seats for women lapsed in 1990, thus decreased the Assembly strength from 237
to 217. Under the Constitution,
elections to the 10 seats reserved for minority were held on separate
electorate basis. Despite the tenure of the Assembly being five years, as
prescribed in the Constitution, Mr. Z.A.Bhutto, on 7th January
1977 announced the holding of elections before time. Consequently, on 10th January
1977, he advised the President to dissolve the National Assembly. Elections
were held on 7th March 1977.
The opposition charged the government with rigging the elections to
the National Assembly and thereafter boycotted the Provincial Assemblies
elections. Since the opposition had not accepted the National Assembly
elections result, they did not take oath. This resulted in severe political
crisis and Martial Law was imposed by the then Army Chief, General Muhammad
Zia-ul-Haq, on 5th July 1977. On 24th December 1981, under Presidential
Order (P.O.15 of 1981) a Federal Council (Majlis-e-Shoora) was constituted by
the President. Its members were nominated by the President. The first session of this Council was held
on 11th January 1982. In
this way, limited and controlled political activities were resumed, as a
result of which general elections were later held for the National and
Provincial Assemblies on 25th February 1985, on non-party basis. On 2nd March 1985, the revival of Constitution
Order (P.O.14 of 1985) was issued in which a large number of amendments were
made in the Constitution. The first
session of the National Assembly was held 20th March 1985. Mr. Muhammad Khan Junejo, was nominated as
the Prime Minister of Pakistan by the President (General Zia-ul-Haq). He received vote of confidence on 24th
March 1985. In November 1985, the 8th Constitutional
Amendment was adopted by the Parliament. Besides changes in other Articles in
the Constitution the significant Article 58(2)(b) was added, according to
which the President acquired discretionary powers to dissolve the National
Assembly. On 29th May 1988
the Assembly was dissolved by the President by using the power acquired under
Article 58(2)(b). The General elections for the eighth National Assembly
was held on 16th November 1988. The first session was convened by
the President on 30th November 1988. Mr. Miraj Khalid was elected
as a Speaker National Assembly on 3rd December 1988. Mohtarma
Benazir Bhutto was nominated as Prime Minister of Pakistan and took the oath
of the Office on 2nd December 1988. The Assembly was dissolved by
the President, Ghulam Ishaq Khan under Article 58(2)(b) on 6th
August 1990. The General elections for the ninth National Assembly was
held on 24th October 1990. The first session was held on 3rd
November 1990. Mr. Gohar Ayub Khan elected as Speaker National Assembly and
he took oath on 4th November 1990. Mian Muhammad Nawaz Sharif took
oath as Prime Minister of Pakistan on 11th November, 1993. The
Assembly was dissolved by the then President, Ghulam Ishaq Khan, under
Article 58(2)(b) on 18th April 1993. The dissolution of the
National Assembly was challenged in the Supreme Court of Pakistan and after
hearing the case the Assembly was restored by the apex court on 26th
May 1993. The Assembly was dissolved on the advice of the Prime Minister on
18th July 1993. The elections for tenth National Assembly was held on 6th
October 1993. The first session was held on 15th October 1993.
Syed Yousaf Raza Gillani took oath of the office of the Speaker National
Assembly on 17th October 1993. Mohtarma Benizar Bhutto
administered the oath as Prime Minister of Pakistan on October 19th
October 1993. The Assembly was dissolved by the President Farooq Ahmad Khan
Laghari on 5th November 1996. The elections for eleventh National Assembly was held on
3rd February 1997. The first session was held on 15th
February 1997. Mr. Illahi Bukhsh Soomro took oath of the office of the
Speaker National Assembly on 16th February 1997. Mian Muhammad
Nawaz Sharif took oath as Prime Minister of Pakistan and Leader of the House
on 17th February 1997. The new Assembly came into power with an
overwhelming majority. The Article 58(2)(b) was later on omitted from the
Constitution vide 13th Amendment in the Constitution in April
1997. It may be pertinent to note at this point that while,
ostensibly, sixteen amendments have been made in the Constitution so far, the
ninth and the eleventh Constitutional Amendments were, however, passed by the
Senate alone and fifteenth by the National Assembly alone, hence these
amendments lapsed. The fourteenth Amendment in the Constitution empowered a
check on floor crossing of legislators. Chief of Army Staff General Pervaz Musharraf, who was
also Chairman Joint Staff Committee, took over the government from Prime
Minister Nawaz Sharif and declared himself as Chief Executive through a
Proclamation of Emergency, on 12th October 1999. Through
Provisional Constitutional Order (PCO) issued on October 14th
1999, he held the Constitution in abeyance, suspended the Senate, National
and Provincial Assemblies, Chairman and Deputy Chairman Senate, Speaker,
Deputy Speaker National and Provincial Assemblies and dismissed the Federal
and Provincial governments. The President Mr. Muhammad Rafiq Tarar was,
however allowed to continue in his office. Under PCO (order No. 6) 29th
October 1999, (as amended by C.E. Order No.5, 4th July 2001), the
National Security Council was established for the purpose to tender advice to
the Chief Executive (later on President), on matters relating to Islamic
ideology, national security, sovereignty, integrity and solidarity of
Pakistan so as to achieve the aims and objective as enshrined in the
Objectives Resolution 1949. Syed Zafar Ali Shah, MNA and Illahi Bukhsh Soomro,
Speaker National Assembly, challenged the suspension orders in the Supreme
Court. The Court in its judgment on 12th May 2000 validated the
military takeover by giving three years time frame to the government,
starting from 12th October 1999. The Court in its judgment asked
the government to complete its agenda and then hand over powers to the
elected government. The court also allowed the military government to bring
necessary Constitutional Amendments, provided that those should not change
the basic feature of Federal Parliamentary democracy, independence of
judiciary and Islamic provisions in the Constitution. The court reserved the
right of Judicial Review and power of validity of any act or any action of
the government, if challenged, in the light of State necessity. On 20th June 2001, through a notification
(C.E. Order No.1) the Chief Executive assumed the office of the President of
Pakistan under President's Succession Order, 2001. On the same day, through
another Order (C.E. Order No. 2, 2001), the President converted the orders of
suspension of legislative bodies and their presiding officers, in to
dissolution. The elections for twelfth National Assembly was held on 10th October 2002. |
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