IMPACT OF DICTATORS ON THE CONSTITUTION OF 1973 OF ISLAMIC REPUBLIC OF PAKISTAN

Imran Ali Noonari, Majid Ali Noonari

Abstract


The Constitution of 1973 came into effect on 23rd March 1973 and has been recognized as the most suitable and well written document of the state since its independence. But the constitution of 1973 which included the Article 6 of high treason has been also unable to stop the military dictators from violating the constitution of the Islamic republic. In 1977 general Zia-ul Haq violated the constitution and overthrown the elected government and prisoned the elected prime minister Zulfiqar Ali Bhutto and later in 1979 hanged him, and again in 1999 another military general Pervez Musharaf through a coup dissolved the Nawaz Sharif government and prisoned him and later exiled him to Saudi Arabia. These events marked the turning points in the history of the Pakistan‘s constitutional  development  as Supreme  court  of  Pakistan rather than halting these  men  from  violating  the constitution  has  legitimized  their  rule under  the  doctrine  of  necessity and have allowed them to make changes to the constitution of the state as they seem fit to continue their dictatorial rule. The dictators‘ changes to the constitution have completely changed the nature of the constitution as it has transferred the constitution from Parliamentary democracy to the Presidential form of government where the president has the powers. As Zia ul Haq introduced the 8th Amendment with clause 58(2)b which has ended the governments of the 1990s by the president, and Islamization of the society through the Islamic laws including ‗Hudood Ordinance‘ which has transferred a liberal state to a theocratic state.

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Copyright (c) 2015 The Government - Annual Research Journal of Political Science.

ISSN-P 2227-7927

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