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in
the name of Allah, the most Preamble Whereas sovereignty over the entire universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust, And whereas it is the will of the people of Pakistan to establish an order- Wherein the State shall exercise its powers and authority through the chosen representatives of the people; Wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed; Wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and Sunnah; Wherein adequate provision shall be made for the minorities freely to profess and practise their religions and develop their cultures; Wherein the territories now included in or in accession with Pakistan and such other territories as may hereafter be included in or accede to Pakistan shall form a Federation wherein the units will be autonomous with such boundaries and limitations on their powers and authority as may be prescribed; Wherein shall be guaranteed fundamental rights, including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality; Wherein adequate provision shall be made to safeguard the legitimate interests of minorities and backward and depressed classes; Wherein the independence of the judiciary shall be fully secured; Wherein the integrity of the territories of the Federation, its independence and all its rights, including its sovereign rights on land, sea and air, shall be safeguarded; So that the people of Pakistan may prosper and attain their rightful and honoured place amongst the nations of the World and make their full contribution towards international peace and progress and happiness of humanity: Now, therefore, we, the people of Pakistan, Conscious of our responsibility before Almighty Allah and men; Cognisant of the sacrifices made by the people in the cause of Pakistan; Faithful to the declaration made by the Founder of Pakistan, Quaid-e-Azam Mohammad Ali Jinnah, that Pakistan would be a democratic State based on Islamic Principles of social justice; Dedicated to the preservation of democracy achieved by the unremitting struggle of the people against oppression and tyranny; Inspired by the resolve to protect our national and political unity and solidarity by creating an egalitarian society through a new order; Do
hereby, through our representatives in the National Assembly, adopt,
enact and give to ourselves, this Constitution. Pursuant to Art. 265 the Constitution came into force on the 14th day of August 1973, referred to as 'the Commencing day' The Constitution was held in abeyance by the Proclamation of Martial Law issued by General M. Zia-ul-Haq on the 5th day of July 1977 and published in the Gazette of Pakistan Part I on the said date.
The Constitution, except for Arts. 6, 8 and 28 (both Inclusive)
clauses 2 and 2(a) of Art. 101, Arts. 199, 213 and 216 (both inclusive)
and 270-A, was revived by the Enforcement of Constitution Order
on March 10, 1985, (vide S.R.O. No. 212(85), published in the Gazette
of Pakistan, Extraordinary Part II at page 279. The excluded provisions
came into force on the The whole of Pakistan once again came under the control of the Armed Forces of Pakistan by virtue of the Proclamation of Emergency issued by General Pervez Musharraf, Chairman Joint Chiefs of Staff Committee and Chief of Army Staff, on the 14th day of October 1999 and published in the Gazette of Pakistan Extraordinary Part I on the said date. By virtue of the said Proclamation Pervez Musharraf also assumed the office of Chief Executive of the Islamic Republic of Pakistan. The constitution was again held in abeyance by the Provisional Constitution Order No. 1 of 1999, issued by the Chief Executive on the 14th of October 1999 and published in the Gazette of Pakistan Extraordinary Part I on the said date as well. However the said Order provided in Art. 2 thereof, that notwithstanding the abeyance of the Constitution, Pakistan shall, subject to the said Order and any other Order made by the Chief Executive, be governed, as nearly as may be, in accordance with the Constitution. The Legal Framework Order 2002, (C.E.O. No. 24 of 2002), promulgated on the 21st of August, 2002 and published in the gazette of Pakistan, Extraordinary Part I on the said date, by virtue of Article 4 thereof, has now provided that the provisions of the constitution, as amended by the said Order and by such other Order, as may be promulgated hereinafter, shall stand revived on such date as the Chief Executive may, by notification in the Official Gazette, appoint; and different days may be so appointed in respect of different provisions. Leading & Latest Cases:
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