Constitution Of Pakistan Research Articles

Minorities Rights Protection in Punjab (Pakistan): A Comparative Analysis of Christians, Hindus and Sikhs

Since the establishment of Pakistan in 1947 the miracle happened, under the leadership of Muhammad Ali Jinnah the minority converted into majority. The Quaid addressed in 1st Constitutional assembly of Pakistan announced equal rights for every citizen of Pakistan and too much focused on minorities of Pakistan for their equal rights. The constitution of Pakistan 1973 guarantees the equal rights for every citizen but there is lot of marginalized groups neglected by the society. This paper focusing on the three minority groups including Christians, Sikhs and Hindus these groups are considering as marginalized. The study reveals the constitutional rights implementation for equal treatment for these minorities. The study also explores the response of society and institutions of Pakistan for equal treatment with these groups. The Study is the combination of both primary and secondary and data collected from 7 districts of Punjab. After the completion of the study, an analysis come to know that the lot these groups are neglecting by the society for their equal treatment. The government of Pakistan should have to develop new mechanism for providence of equal treatment, and implementations of constitutional guarantees

Waqf Properties Act 2020 and the Constitution of Pakistan: A Critical Study

Occasionally some laws are enacted without proper deliberation and comprehensive understanding of the issue in focus. The same can be said about The Waqf Property Act 2020 which was passed in Islamabad and all the provinces of Pakistan in September 2020 in which some new laws were made and some previous laws were amended. The Rules regarding Awqāf Act were disseminated across all the provinces and advertised on national media. Having explained the rules of the Act, some guardians of the Waqf properties were also issued notices. However, the Waqf Property Act has received a social backlash from ulamas, the political fraternity & the public. It is said that the Act is not only against the Islamic law but is also against the Constitution of Pakistan. Keeping this scenario in view the aim of this paper was set to discuss the violation of the Constitution that has occurred in the enactment of this law. For this purpose the original text of the Waqf Property Act 2020 along with certified references have been analyzed so that the gaps in the focused law are fully identified. The findings of the study can provide a good insight to the law makers as well as common readers.
 Keywords: Waqf, Constitution of Pakistan, Fundamental Rights, Religious Minorities, Sharī‘ah

THE FACTUAL NOTION OF WOMAN RIGHTS IN ISLAM: A STUDY OF PAKISTANI SOCIETY

Islam considers both man and woman equal in practicing their deeds; even women, in many ways, are being treated in more respectable manner. However, like most of the under developed societies, in Pakistan women rights are usually maltreated by the dominating male majority of the society. Present study will try to answer that how in spite of religious barriers, a woman is often treated as a second class citizen of the society? How constitutional guarantees have often been overlooked? Above all how this culture may change in the light of Islamic injunctions? By using mainly qualitative method of research and with the help of both primary and secondary sources including Quran, Hadith, Constitution of Pakistan and other related books and journals etc, it is an attempt to analyze the status of Pakistani women in the light of Islam. With the spread of education and awareness, the practicing deeds are reflecting the desired values to some extent if not greater. Islam which provides an inspirational power to mold the public opinion have often been neglected to provide the women their due rights. In point of fact, negation of true Islamic injunctions along with constitution which reflects the same picture as Islam do is the main cause of misconceptions prevailing in Pakistani society.

EVOLUTION OF THE BUREAUCRACY IN SINDH: THE ROLE OF SDGS IN EMPOWERED LOCAL GOVERNMENT OF KARACHI

Article 140 (A) of 1973 Constitution of Pakistan clearly provides basis for the establishment of an empowered elected local government by covering all the domains of devolution of power i.e. political, administrative and financial. However, ethnic, political and federal interests constrained the practical implementation of it in Karachi, an economic hub of the country and provincial capital of Sindh.
 Karachi is the one of most populated metropolitan cities of the world including suburbs that faced the challenges in the absence of viable local government. Covid-19 that hit globally in the year 2020, has shaken the socio-economic conditions of the countries and more importantly their metropolitans. This research study is an attempt to investigate lacunas of Karachi’s LG System. Does local government of Karachi was empowered, both administratively and financially, enough for coping the Covid-19 challenges that city faced during the phase of pandemic? Do the weaknesses and issues of metropolitan expose during the said time span, are due to ineffective local government of the city? Does the weaknesses and issues of metropolitan are due to negligence of the responsibility by local government of Karachi? Do the Constitutional provisions safeguard the empowerment of LG? Do the political and ethnic factors constrain the reformation of LG system in desirable need of the city? Does the recently passed - The Sindh Local Government (Amendment) Bill 2021, hinder the UN’s 2030 Agenda for the Sustainable Development goals by creating structural and procedural controversies and controversies over empowerment? The research methodology includes literature review. Apart from it, questionnaire survey conducted from academia and journalists, approximately fifty from each community will serve as a voice for resolving the appropriate LG system’s problems with adequate empowerment in the challenging circumstances.

AN INVESTIGATION OF THE FACTORS ENHANCING WOMEN EMPOWERMENT IN PAKISTANI SOCIETY

Woman empowerment is an important issue of the 21st century. Women are an important part of any society who contribute to the development process. Since the creation of Pakistan women's empowerment has been neglected. According to the constitution of Pakistan, education is the basic right of every female living in Pakistan but the actual situation is different (Khan, 2020). In many areas women are deprived of social development processes such as education, health, decision making in family matters and access to technology. They even don’t know what their right are and they don’t get equal opportunities of living respectful human life. Many plans and policies have been developed for women development but no one could be implemented. The National Policy 2002 aimed to ensure female participation in economic growth and decision making. Moreover, a bill ‘Criminal Law Act 2004’ against the honor killing of females was also approved by the Parliament of Pakistan (Bushra & Wajiha 2013). Similarly, many laws have been formulated regarding women's empowerment but the issue of women's development is still there and needs to be focused on the well-being of women and ultimately the development and prosperity of society. The determinants of low woman empowerment are socio-cultural issues, economic issues, poverty, lack of awareness, and gender discrimination. The scope of this study is to investigate factors that increase women's empowerment.

AN ANALYSIS OF GRADE-VIII ENGLISH TEXTBOOK WITH GENDER DISPARITY PERSPECTIVES IN THE CURRICULUM OF KHYBER PAKHTUNKHWA

This research was aimed to study the curriculum of English Textbook Grade-VIII in the Khyber Pakhtunkhwa province of Pakistan. A qualitative approach was adopted to study the textbook with gender perspectives. Gender presentation in school textbooks is a newly emerging field of study in academia. The ministry of education clearly states that "efforts will be made to eliminate gender bias in textbooks and curriculum" (Ministry of Education 2003b, 22). There is still a lack of practical application for gender equity in schooling tackling the obstacles in the way of such goals (Khalid and Khan 2006; Khan 2007). This study used the two main themes 1. Nature of narrations and 2. Sensitivity of illustrations. Nine steps were taken in this research process. All the themes and sub-themes have a male dominancy though the 1973 Constitution of Pakistan has claimed to remove the gender disparities. , it is clear that schools textbooks promote the gender biased approach because men are shown in powerful, prestigious, well reputed and respectable jobs and women are shown in less visible and less valued positions. It was suggested that to improve feminine visibility, the government, the textbooks boards, and the directorate of the curriculum should assure the equal distribution of contents between the genders in Pakistan.

Development of Constitutionalism in Pakistan: An Appraisal

The phenomenon of constitutionalism serves as a safeguard against the arbitrary use of power and is necessary to ensure rule of law in society. Traditionally, there are two types of constitutionalism; legal and political. The former justifies judicial review as an important constitutional tool and acknowledges the unique role of the judiciary in enforcing rule of law in society. The latter questions the democratic legitimacy of judicial review and prefers democratic parliamentary procedures on political decisions. With the help of qualitative research methodology, this Article explores historical developments influencing the outlines of Pakistani constitutionalism. It highlights limitations and challenges in relation to constitutionalism in the formative period of the country. It also provides an insight into the colonial constitutional practices before the independence of Pakistan. After that, there is a discussion of the pivotal judgments that had a profound impact on constitutionalism in the country. The abrogation of the first Constitution and promulgation of a new Constitution under the military regime and the attitude of courts during this period also form part of this article.

Constitutional Human Rights Of Transgender Persons In Pakistan: A Linguistic And Social Inquiry

This paper aims to investigate the lexical choices made in the Constitution to represent gender, the granted constitutional human rights of transgender persons, and contradictory social practices from the perspective of making them powerless and marginalized in terms of non-gender binary. The quantitative analysis of the second section of the Constitution related to human rights and principles of policy for government in terms of nouns and personal pronouns to represent generic pronouns and its implication for gender representation in a legal document was carried out through simple concordance program 4.0.5 by generating word list of data to find the frequencies. Moreover, the basic human rights of dignity, education, health care, financial security, employment opportunities, and equality in all respects ensured to all the citizens of state are discussed and social realizations of these rights for transgender are explored. The findings reveal that transgender persons neither have any representation in the Constitution of Pakistan nor they are the recipients of basic human rights in Pakistani society as compared to other marginalized groups like women, children and differently able people. To conclude, it can be said that although in the last decade, governments have passed some policies (Transgender Persons Welfare Policy, 2018) to empower Transgender community, yet, a long-term nation based social awareness program and implementation of policies are recommended to make transgender persons’ lives better in letter and spirit.

Religious and political rights of minorities in constitution of Pakistan and Islamic teachings

Islam is the natural and universal religion that permits every creed of world to enjoy the freedom of their own religion, this is a religion which is for all human beings, free of religious boundaries allowing each of the theology, bent of minds, school of thoughts and people around the world. It is beauty of Islam, who cares especially for Non-Muslims as to fulfill their fundamental rights of their religion and society. Islam, the religion is a road map of life, wherein Pakistan, the home land of then Muslims of sub-continent, is found by Quaid-e-Azam Muhammad Ali Jinnah in the name of Islam. Muslims are the largest population in Pakistan living with non-Muslims side by side like Hindus, Budhs, Sikhs, Christians and others. The constitution of Pakistan guards the rights of the minorities in the fields of religio-socio-political rights in the society with greater importance. Religion and politics have immense role in human life, religion is a way to interact with creator and spiritual satisfaction, whereby politics is a way to interact and manage affairs of people ,In the Islam and constitution of Pakistan minorities are given religious freedom and protection. They may perform their religious customs, they may vote any one and they are given special seats in provincial as well as federal government. In this article diverse religious and political rights of minorities are brought into the lights of Islam and construction of Pakistan

(2021) Volume 2, Issue 4 Cultural Implications of China Pakistan Economic Corridor (CPEC Authors: Dr. Unsa Jamshed Amar Jahangir Anbrin Khawaja Abstract: This study is an attempt to highlight the cultural implication of CPEC on Pak-China relations, how it will align two nations culturally, and what steps were taken by the governments of two states to bring the people closer.

(2021) Volume 2, Issue 4 Cultural Implications of China Pakistan Economic Corridor (CPEC Authors: Dr. Unsa Jamshed Amar Jahangir Anbrin Khawaja Abstract: This study is an attempt to highlight the cultural implication of CPEC on Pak-China relations, how it will align two nations culturally, and what steps were taken by the governments of two states to bring the people closer.

CODE PREFERENCE IN LINGUISTIC LANDSCAPE: A FORENSIC APPROACH TO THE TOP-DOWN SIGNBOARDS

The present study is an endeavor to examine the linguistic landscape of Islamabad and Lahore in the light of the existing language policy as vividly written in the Constitution of Pakistan 1973. The language policy and code preference are clearly visible through the signboards deployed at various public places to inform, guide, warn and direct the viewer. A sample of three hundred top-down signboards was photographically collected through purposive sampling technique. The theoretical frameworks of Spolsky and Cooper (1991) and geosemiotics by Scollon and Scollon (2003) have been employed to uncover the underlying competition that exists between Urdu and English for dominance. Quantitative and qualitative data analysis show that Urdu is the preferred code but often found embellished with English vocabulary. The names of the public offices are in English which highlights the inefficiency of the government authorities to implement Urdu as an official language in true letter and spirit. Keywords: Linguistic landscape, top- down signboards, language policy, code preference

IMPACT OF THE EIGHTEENTH CONSTITUTIONAL AMENDMENT ON PROVINCIAL AUTONOMY IN PAKISTAN

The current study tries to understand the impact of Eighteenth Constitutional Amendment on the subject of Provincial Autonomy in the context of 1973 Constitution of Pakistan. In the Constitutional history of Pakistan, the Eighteenth Amendment represents with far-reaching impact was a first bold and great step towards the provincial autonomy, with strong legislative, administrative and financial powers. The Eighteenth Amendment of Pakistan is well defender of nation’s rights in form of provincial autonomy as well. The role of political leadership and parties in power at the center and federating units must be given credit for this positive step of constitutional transformation which strengthened the federation of Pakistan. The Eighteenth Amendment further strengthened the federal structure of Pakistan as it transferred the subjects of Concurrent Legislative List to the provinces and restored parliamentary democracy as envisioned in the 1973 Constitution. Therefore the knowledge of impact of Eighteenth Amendment on provincial autonomy avoids the ambiguity, uncertainty and removes unclear, vague issues. It removes the re-iterate statements, dissent notes and uncompromised level regarding provincial autonomy. It has also analyzed the Legislative, administrative and financial relations to bridge the gap amid center-provinces in Pakistan. In fact this study of existing constitutional structure and balance of powers has proven a fruit of good provincial autonomy.

Constitutionalism in Pakistan: The Yahiya Khan Interregnum

Constitutionalism in Pakistan: The Yahiya Khan Interregnum

Https://habibiaislamicus.com/index.php/hirj/article/view/259

Pakistan emerged on the map of the world in 1947, the Contempt of the Courts Act, 1926 prevailing in sub-continent before partition was adopted. In 1976, under Article 204 of the constitution of Pakistan ,1973, the Contempt of Court Act ,1976 was enacted which repealed Contempt of Courts Act,1926. There after Contempt of Court Ordinances ,1998, 2003,2004 were promulgated from time to time and in 2012, the Contempt of Court Act, 2012 was enacted. The Supreme Court of Pakistan in a judgment declared the Act, 2012 unconstitutional and revived the Contempt of Court Ordinance, 2003. The purpose of this article is to study the revival of Ordinance, 2003 in the light of Constitution, 1973 and to ascertain that which law of Contempt of Court is holding the field in the country.

Modern Child Slavery Atrocious Breach of Fundamental Rights: A Case Study of Pakistan

Children are the future and assets of any nation yet the most susceptible members of society. This research analyzes the phenomenon of modern child slavery in Pakistan. Children have a right to grow up safe and free from any kind of exploitation and abuse. Slavery and trafficking is that abhorrent crime which violates the fundamental rights guaranteed to children under national and international conventions. This research indicates how children are bought and sold and forced into truly outrageous forms of exploitation such as forced labour and debt bondage, prostitution, pornography, camel jockeys, and other illicit activities. This research paper also reviews factors that trigger the situation, such as gender bigotry, poverty, harmful traditional practices and natural disasters. Child labour, trafficking and slavery of any form is sternly proscribed in Article 11 of the Constitution of Pakistan 1973 and various national and international conventions.

Contemporary Discourse of Constitutionalism in Pakistan: A Critical Study in the light of Iqbal's Perception of Constitutionalism

The analysis of the contemporary discourse of constitutionalism in Pakistan as per the understanding of constitutionalism by Allama Muhammad Iqbal is very important. There has been a longstanding debate in Pakistan between Liberals and Conservatives regarding the nature of the constitution. The vision of Iqbal, as reflected in his lectures and poetry, can be critically analyzed and applied on the existing constitutional challenges of Pakistan. This paper will critically analyze the salient points enunciated by the intellectual work of Iqbal and will also analyze its applicability and relevance with the constitutional framework of Pakistan. The findings of this research work are based on the review of the existing intellectual work of Iqbal. This study suggests concrete reforms in the constitutional structure of Pakistan. This study can be very useful in future deliberations aiming at constitutional reforms in Pakistan in the backdrop political vision of Iqbal and how he understands constitutionalism

GENESIS OF RADICALIZATION: A CASE STUDY OF ISLAMIYAT TEXTBOOKS IN BALOCHISTAN, PAKISTAN

A high profile radicalization agenda in Pakistani schools and Islamic seminaries, across the country, has risen concerns within Pakistani society and for the world as well. Post 18th amendment in the constitution of Pakistan in April 2010, the education ministry dissolved to the provinces of Pakistan, with responsibilities to design their educational curriculums on their own. Since then, the four provinces of Pakistan have re-designed their curriculums and republishing textbooks as per their understandings. This article looks critically at one of the important and compulsory subjects; Islamiyat (Islamic Studies), arguing that the textbooks reassure the students towards a violent-radical mindset against the Kufar (non-believers). Such content in the textbooks also places its emphasis on the significance of Jihad (struggle) in the historical context of Islamic wars against the non-believers. The study brings quantitative and qualitative analysis, based on the Content Analysis application on the Islamiyat textbooks, mentioning the amount of positive and negative terms. The study also provides detailed denotations and connotations of the said terms to determine the outcome of the textbooks. The study suggests that the content in Islamiyat textbooks diverts the students from using education for fundamental social change to practice negative actions towards the Kufar. This study discovers that in the existing curriculum of Islamiyat, seemingly negative terms, such as Jihad has been presented as a physical war against the non-believers. The result also shows much emphasis on Mujahideen (Warriors of Islam) who lost their lives during wars against Kufar. Therefore, it concludes that presenting Islamiyat as the sole driver of radicalization among educated youth could result in a security threat to world peace. Keywords: Radicalization, Education, Pakistan, Jihad, non-believers, global security

The influx of Perpetual Reforms to Cope with Global Challenges in Educational Governance (A Case Study of China-Pakistan Higher Education)

Reforms in higher education have occurred practically the world over during last three decades, and governance, or higher education as it is, or as it should be integrated, , has turned into a major problem. The governance of institutions of tertiary education is a concern for developing world. These institutions have unrestricted autonomy on the one side, but they are also answerable to the society and government on the other. Against this backdrop, Chinese higher educational governance reform and Pakistani tertiary education arose. The present studies on both countries' higher education changes mostly focus on the reform processes and consider the governments as the driving force behind the reforms, while the Chinese and Pakistani governments' susceptibility to the impact of overseas influences is largely unexplored.. The focus of this article is on the restructuring tactics used by both governments to develop their university systems well-organized and achieve a competitive advantage in the international market. In China, university mergers ought not to be viewed as a simple reform of higher education, however more as a radical shift in governance of tertiary education from “interventionist state model” to “accelerationist state model.” Instead of the nation-state collapsing, as a result of globalization, this article demonstrates how changes in Chinese institutions may not necessarily reduce the state's capabilities, but rather make the Chinese government more proactive in specific areas. Higher education institutions in Pakistan are constantly hounded by the government to supervise their operations, despite the fact that they now have complete autonomy following the 18th amendment, which introduced improvements to Pakistan's constitution by decentralizing power and giving provinces autonomy. It is concluded, based on an examination of the Chinese government’s and Pakistan government’s latest documents and literature which are influenced by international reform concepts and theories which have been institutionalized through the rhetoric of global bodies and the successful experiences of other countries.

Inclusive Education Opportunities in Punjab Pakistan: A Locale Based Comparison

Purpose: The constitution of Pakistan firmly stated that no discrimination of opportunities will be tolerated among the citizens of Pakistan on behalf of color, creed, language, disability etc. But unfortunately, the dream of equality could not become reality. Inclusive education has been taking significant importance for the education of persons with disabilities (PWD’s) for a few decades. But, without equal opportunities, the seed of inclusion can never be fertiled. This study is an effort to depict the difference of existing inclusive education opportunities between rural and urban secondary schools of Punjab Pakistan.
 Design/Methodology/Approach: Survey method was used to collect data from 196 male and female teachers serving in rural and urban secondary schools of conveniently selected five districts viz Okara, Lahore, Pakpattan, Sahiwal, and, kasur with a self-reporting questionnaire named Research Questionnaire on the Condition of Available Inclusive Education Opportunities in Secondary Schools of Punjab. For cross-validation, an interview schedule was made to take data from 17 students with disabilities. Both descriptive and inferential statistics were used.
 Findings: The study found that there was no significant difference of inclusive education opportunities in rural and urban secondary schools of Punjab.
 Implications/Originality/Value: However special students denied various opportunities claimed by the inclusive education teachers.

The role of superior judiciary in protecting its independence: A case study of judicial legitimization of military regimes in Pakistan

Pakistan has faced four military regimes, in three out of it, the military rulers were not declared illegitimate by the supreme judiciary, on the contrary, the doctrine of necessity became the quoted terms as causes of accepting those extra-constitutional moves. While adjudicating these cases, the establishment either used their personal influence or manured the judiciary to take afresh oath of allegiance of the military rulers under the provisional constitutional orders (PCO). Thus, the cases before these judges were just hoodwinking or a lip service of endorsing and affixing a stamp of validity. Even then the superior judiciary had authorized the military rulers to amend the constitution, which is the role prerogative of the parliament not only as per Pakistan constitution. Thus, superior judiciary was unable to stand in front of power dynamic, except in the case of Asma Gillani vs federation of Pakistan, but it was adjudicated, when General Yahya was not in power. While applying heterogeneous sampling research techniques the study has attempted to accumulate a variety of expert opinions on the role and independence of the judiciary. Findings show that the judges, to assure smooth running of the country, sacrificed the very spirit of the constitution. The apex court decisions only tried to maintain the statuesque and to pave the way to let the system run.