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). … Change ), You are commenting using your Facebook account. The recommended proviso envisages, "provided the president shall not use these power in relation to punishments given under Hadood and Qisas," the Islamic laws. 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. April, 1973 and the Assembly published the Constitution of the Islamic Republic of Pakistan. Millennium Mathematics Project - maths.org Recommended for you 45… 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. Article 48: President to act on advice, etc 1. 2. [Constitution] Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. Attorney General of Pakistan (Article 100 of Constitution of Pakistan 1973) - Duration: 2:36. There shall be a President of Pakistan who shall be the Head of State and shall represent the unity of the Republic. Learn how your comment data is processed. 14-The Conduct of General Elections Order, 2002. 1(2), National Assembly of Pakistan Please become an honorary member, to join the collective effort to save The Constitution of Pakistan. Free for one month and pay only if you like it. Part XII Chapter 3 Article 1(2) of the Constitution of Pakistan considers FATA to be a territory of Pakistan. The said recommendation of the CII was published in its annual report for 2012-2013. 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. The CII’s recommendation will then be presented before the Senate for it consideration. 245. Under the 1973 Constitution, no law could be made against the teachings of Quran and Sunnah. 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. tap to bring up your browser menu and select 'Add to homescreen' to pin the The News web app. 2. 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. Article 43: Conditions of President's office 1. 1. President of pakistan article 41 to 45 of constitution of pakistan 1973 in urdu and hindi Chapter 1: The President 41 The President. ( Log Out /  ( Log Out /  Article 184(3) does not have the clogs of Article 199 of the Constitution. ... 45:13. The Council will not forward its recommendation regarding Article 45 to the Law Ministry, which had referred the case to the CII. 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. The Constitution of the Islamic Republic of Pakistan (Urdu: آئین پاکستان), also known as the 1973 Constitution, is the supreme law of Pakistan. Provided that within fifteen days the President may require Article 45 of the Constitution envisages, “The President shall have power to grant pardon, reprieve and respite, and to remit, suspend or commute any … (1) There shall be a President of Pakistan … Change ), You are commenting using your Twitter account. Constitution of the Islamic Republic of Pakistan 1973, art 113. THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN CONTENTS 1. 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. 14 of 1985), (promulgated on March 2, 1985 and published in the Gazette of Pakistan, 6 Dr (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 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. 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. Under Article 184(3) there are no trappings of sub Articles 1(a) and 1(c) of Article 199. The constitutional amendment bill was recently moved in the Senate. 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. 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. 5 Revival of the Constitution of 1973 Order, [1985] (President’s Order No. The Objectives Resolution to form part of substantive provisions 3. _________________________________________________________________________________. 2. 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. 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. 47 [. However, the power under Article 184(3) can only be exercised if 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. 45. Change ), You are commenting using your Google account. Article 41: The President 1. ( Log Out /  Conditions of President’s office .-. There shall be a President of Pakistan who shall be the Head of State and shall represent the unity of the Republic. (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. Elimination of 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). 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 limit of this quota was 10 years before this amendment. 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. In the exercise of his functions, the President shall act on and in accordance with the advice of the Cabinet or the Prime Minister. Siraj had proposed a proviso to be added to Article 45. 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. 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. 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. 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. The Council said that empowering the head of the state with such powers of pardon is against the Islamic Shariah. (The Constitution of the Islamic Republic of Pakistan (1973, as amended up to Feb. 28, 2012), art. “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 … Constitution Home Info Pakistan Home Article 89: Power of President to promulgate Ordinances. The Republic and its territories 2. ( Log Out /  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. [2] Since then, a number of amendments have been made therein and it … 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. 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. This site uses Akismet to reduce spam. The President may, except when the Senate or National Assembly is in session, if … 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. 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 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. Change ). The Council said that the president in the interest of the country and the nation could grant pardon or remit the sentence. Islam to be State religion 2A. (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: 45 President’s power to grant pardon, etc 45. 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