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Comments on the Book
The
Legal Framework Order, 2002 has purported to effect drastic amendments
to the 1973 Constitution, and must therefore receive careful consideration
by concerned citizens and the legal community. In order to make
a cogent and balanced appraisal, it would be important to examine
the Legal Framework Order 2002 in a comparative historical context.
Such examination has now been made possible by Zain Sheikh's present
endeavor.
By providing
a basic comparative text of the Constitution as it survives after
the Legal Framework Order 2002, Zain Sheikh has made an important
contribution for those embarking upon a study of the Constitutional
history of Pakistan. The life of the Legal Framework Order, 2002
is yet to be tested. Zain Sheikh may well be right when he states
"I do not doubt that, sooner or later, public spirited individuals
in Pakistan....will succeed in challenging the ouster clause in
the" Legal Framework Order, 2002. In my view, such success
will open the door for seriously questioning the legality of the
Legal Framework Order, 2002. However, till such time, the Bar and
the Bench will both gain by having access to Zain Sheikh's edited
text.
Justice (Retd.) Fakhruddin G. Ebrahim
Senior Advocate Supreme Court
Zain
Sheikh's book on Constitution of Pakistan is a great improvement
on previous publications on the subject. The amendments in the constitution
not only reflect political history of the country but portray the
trends and tilts of thinking and governance. To appreciate a constitutional
amendment it is necessary to be alive of its legislative history.
This aspect has received special attention of the author. The scheme
employed is simple effective and unique. At a glance one can find
the amendments in chronological order and reach the original text.
This beneficial method further provides the text of the original
provision and the amendments even if they have been repealed, omitted
or changed. Credit goes to the author for his original and innovative
thinking realizing the need of the judges, jurists, lawyers and
students. It is a useful addition to the law libraries and convenient
for persons interested in the development of the constitution.
Mr. Justice (Retd.) Saleem Akhtar
Federal Tax Ombudsman
Mr.
Zain Sheikh's work on the Constitution of Pakistan will be welcomed
by the legal fraternity and also by the law students throughout
Pakistan as it presents the current shape of the Constitution of
1973 after its amendment by the Legal Framework Order, 2002, and
his notes on each page of the Book, recorded in very clear and meticulous
manner, show all the changes, amendments and deletions made in the
provisions from time to time. An added and very useful advantage
of his excellent work is the inclusion of the comparative tables
of the Articles of the Constitution of 1973, repealed Constitutions
of 1956 and 1962 and also the Constitution of India 1950 as well
as the Government of India Act, 1935.
Mr.
Zain Sheikh, a senior advocate, is a well known research scholar
in the field of constitutional law and his work amply reflects his
experience on the subject and the labour and hardwork devoted by
him in its preparation. My best wishes to Mr. Zain Sheikh for bringing
out this timely work on the Constitution of Pakistan 1973.
Prof. Justice (Retd.) Nasir Aslam Zahid
Dean, Faculty of Legal Studies, Hamdard University.
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