Simone Lawson
The 1973 Constitution of Pakistan outlines the country's legislative framework, including the division of powers between the federal government and provincial assemblies. One key aspect of this power-sharing arrangement is the Concurrent Legislative List, which specifies areas where both the Majlis-e-Shoora (Parliament) and provincial assemblies have the authority to legislate. This list covers a range of topics, including criminal law and procedure, civil procedure, contempt of court, education, welfare of labour, and marriage and divorce. The Concurrent Legislative List is subject to amendments, with an example being the transfer of five subjects from the State to the Concurrent List through the 42nd Amendment Act of 1976. The Constitution also establishes a Council of Common Interests, appointed by the President, to oversee matters of shared interest between the federal and provincial governments.
Explore related products
What You'll Learn
Criminal law and procedure
The 1973 Constitution of Pakistan was the first in the country's history to be framed by elected representatives. It established a parliamentary democracy, concentrating executive power in the office of the prime minister.
The 1973 Constitution also introduced a two-list system, dividing legislative powers between the federal and provincial governments. The Concurrent Legislative List, shared by both levels of government, covers areas where both can make laws. This includes criminal law and procedure.
The Concurrent Legislative List includes criminal law and procedure, as well as evidence. This means that both the federal and provincial governments can legislate on these matters. The Pakistan Penal Code 1860, the Code of Criminal Procedure 1898, and the Qanun-e-Shahadat Order 1984 are the legislative instruments that underpin the criminal justice system.
The federal and provincial governments must consider each other's viewpoints and existing federal legislation when dealing with criminal procedure and rules of evidence. The Eighteenth Amendment has seen the provinces try to occupy the legislative field relating to the criminal justice system.
The anti-terrorism law, which links to international law and other federal legislation, requires the concurrent nature of criminal laws, procedure, and evidence to be adhered to. The primacy of the executive authority of the federation must also be considered in terms of Article 137 of the Constitution.
The right to a fair trial and due process is guaranteed in the 1973 Constitution. This was partly based on British Common Law, given the country's historical legal ties to Britain.
The Constitution's Design: A Guide to Our Nation's Framework
You may want to see also
Preventive detention and transfer of prisoners
The Concurrent Legislative List, as outlined in the 1973 Constitution of Pakistan, grants law-making powers to both the Majlis-e-Shoora (Parliament) and Provincial Assemblies in specified areas. One of the key areas addressed in this list is preventive detention and the transfer of prisoners, accused persons, and those subjected to preventive detention.
Preventive detention is a measure that allows for the deprivation of liberty without specific criminal charges. It is outlined in Article 10 of the 1973 Constitution of Pakistan and enables authorities to detain individuals to prevent future harm based on their activities, rather than the express commission of a crime. This provision is intended to address threats to Pakistan's integrity, security, defence, external affairs, public order, or the maintenance of essential supplies and services.
The Constitution sets out specific procedures for preventive detention. Firstly, it mandates that within 15 days of detention, authorities must communicate the grounds for detention to the individual and provide them with an opportunity to challenge the order. Secondly, the maximum period of preventive detention is limited to three months, after which a Review Board must be formed to authorise further detention by establishing sufficient cause. This process repeats every three months, with the Review Board determining the place of detention and subsistence allowance for the detainee's family.
The 1973 Constitution also makes provisions for the transfer of prisoners from one state to another. This aspect falls under the Concurrent Legislative List, which empowers both the Parliament and Provincial Assemblies to make laws regarding criminal procedure, including matters covered by the Code of Criminal Procedure at the commencement of the Constitution.
It is important to note that preventive detention in Pakistan has faced criticism for its potential infringement on fundamental rights. While it is intended as an exceptional measure to address counter-terrorism and counter-militancy challenges, the high number of detainees in the country has raised concerns about the indiscriminate and arbitrary use of preventive detention.
Electoral College Votes: Understanding the Constitutional Process
You may want to see also
Marriage, family, and succession
The 1973 Constitution of Pakistan is the supreme law of the country, guiding its law, political culture, and system. It establishes the country as a federal parliamentary republic with Islam as its state religion. The document sets out the fundamental rights of the population, including freedom of speech, religion, press, movement, association, thought, and intellectual, life, liberty, and property. It also outlines the structure of the government, including the roles of the President and Prime Minister.
The 1973 Constitution of Pakistan includes a Concurrent Legislative List, which gives the Majlis-e-Shoora (Parliament) and Provincial Assemblies the power to make laws on specified matters. One of these matters is "marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition." This entry in the Concurrent Legislative List covers various aspects of marriage, family, and succession.
Marriage in Pakistan is regulated by the state, with the 1973 Constitution stating that the state shall endeavour to promote the teaching of the Holy Quran and Islamiat, as well as the learning of the Arabic language. It also encourages unity and the observance of Islamic moral standards. The constitution guarantees the right to found a family and protects the rights of children.
In terms of succession, the constitution addresses matters of intestate succession and wills. It also covers the transfer of property, excluding agricultural land, and the registration of deeds and documents.
It is worth noting that while the Concurrent Legislative List gives power to both Parliament and Provincial Assemblies to make laws on specified matters, there is an exception. If a Provincial Assembly makes a law on a matter in the Concurrent List that conflicts with an earlier law made by Parliament on the same matter, the law made by the Provincial Assembly will prevail in that province if it has received the assent of the President.
German Constitution: Court's Interpretive Role Explored
You may want to see also
Explore related products
Transfer of property
The Concurrent Legislative List, as outlined in the 1973 Constitution of Pakistan, grants shared legislative powers to both the Majlis-e-Shoora (Parliament) and the Provincial Assemblies to make laws on specified matters. This list was amended in 1976, transferring five subjects from the State to the Concurrent List.
One of the key areas within the Concurrent List is the "Transfer of Property," which includes the transfer of property other than agricultural land, as well as the registration of deeds and documents. This aspect of the Concurrent List empowers both the federal and provincial legislatures to enact laws governing the transfer of property, excluding agricultural land.
The right to own and dispose of property is protected by the 1973 Constitution of Pakistan, which states that every citizen has the right to acquire, hold, and dispose of property anywhere in the country, subject to the Constitution and reasonable legal restrictions in the public interest. The Constitution also provides safeguards against arbitrary deprivation of property, stating that property can only be acquired or taken possession of for a public purpose and with just compensation.
The Transfer of Property Act, 1882, is a crucial piece of legislation governing the transfer of property in Pakistan. It defines the legal framework for transferring property and includes provisions related to equitable mortgages, agreements to sell, and the doctrine of lis pendens.
The Concurrent Legislative List, including the provision for the transfer of property, allows for a degree of federalism in Pakistan, where both the central and provincial governments have a role in shaping legislation on specific matters. This distribution of legislative powers aims to strike a balance between national unity and provincial autonomy.
Writing a Constitution: A Step-by-Step Guide
You may want to see also
Civil procedure and contempt of court
The Concurrent Legislative List, as outlined in the 1973 Constitution of Pakistan, grants shared legislative powers to both the Majlis-e-Shoora (Parliament) and Provincial Assemblies to make laws on matters specified in the list. One of the key areas within this Concurrent List is "Civil procedure and contempt of court".
Civil Procedure
Civil procedure refers to the rules and regulations that govern the process of civil litigation, encompassing the steps that must be taken to resolve disputes between individuals, organisations, or entities through a court of law. The 1973 Constitution of Pakistan includes within its scope all matters covered by the Code of Civil Procedure at the time of its commencement. This includes topics such as limitation and arbitration.
Contempt of Court
Contempt of court refers to actions or behaviours that demonstrate defiance or a lack of respect towards a court of law and its officials, thereby challenging or undermining the court's authority, fairness, and decorum. The Contempt of Court Act of 2012 is the legislation that outlines how Pakistani courts can exercise their authority in response to instances of contempt.
Contempt of court proceedings in Pakistan are considered quasi-criminal in nature, and the measure of proof required is the same as in criminal cases. The consequences for contempt of court can vary and may include incarceration, monetary fines, ineligibility for public office or electoral participation, or dismissal from other positions.
The 1973 Constitution specifically excludes contempt of the Supreme Court from the Concurrent Legislative List, indicating that this falls under the exclusive jurisdiction of the Majlis-e-Shoora (Parliament).
The Preamble: Framing the Constitution's Purpose
You may want to see also
Frequently asked questions
The Concurrent Legislative List outlines the matters on which both Majlis-e-Shoora (Parliament) and a Provincial Assembly have the power to make laws.
Examples of matters in the Concurrent Legislative List include criminal procedure, civil procedure, marriage and divorce, education, and welfare of labour.
No, a Provincial Assembly only has the power to make laws on matters enumerated in either the Federal Legislative List or the Concurrent Legislative List.
Yes, with the consent of the Provincial Government, the Federal Government may entrust functions related to any matter in the Concurrent Legislative List to the Provincial Government or its officers.
Yes, if the law made by the Provincial Legislature has been reserved for the consideration of the President and has received their assent, it shall prevail in that State, even if it is repugnant to an earlier law made by Parliament on the same matter.
