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Constitution of Pakistan
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Constitution of Pakistan
Created
19 April 1973
Ratified
14 August 1973
Location
Islamabad
Author(s)
12th Parliament
Signatories
12th Parliament
(unanimous)
Purpose
To replace the Constitution of Pakistan of 1962 and LFO Order No. 1970
This article contains Urdu text. Without proper rendering support, you may see unjoined letters running left to right or other symbols instead of Urdu script.
The Constitution of the Islamic Republic of Pakistan (Urdu: آئین پاکستان), also known as the 1973 Constitution is the supreme law of Pakistan.[1] Drafted by the government of Zulfiqar Ali Bhutto, with additional assistance from the country's opposition parties, it was approved by the Parliament on 10 April and ratified on 14 August 1973.[2]
The Constitution is intended to guide Pakistan's law and its political culture, and system. It identifies the state (its physical existence and its borders), people and their fundamental rights, state's constitutional law and orders, and also the constitutional structure and establishment of the institutions and the country's armed forces.[3] The first three chapters establish the rules, mandate, and separate powers of the three branches of the government: a bicameral legislature; an executive branch governed by the Prime Minister as chief executive; and an apex federal judiciary headed by Supreme Court.[3] The Constitution designates the President of Pakistan as a ceremonial Head of State who is to represent the unity of the state.[4] The first six articles of the constitution outline the political system as federal parliamentary republic system; as well as Islam as its state religion.[5] The Constitution also encapsulates provisions stipulating the legal system's compliance with Islamic injunctions contained in the Quran and Sunnah.[6]
The Parliament cannot make any laws which may be repugnant or contrary to the Constitution, however the Constitution itself may be amended by a two-thirds majority in both the houses of the bicameral Parliament, unlike the previous legal documents of 1956 and 1962.[7] It has been amended over time, and most recent impulses for political upgrades and reforms has been amended. Although enforced in 1973, Pakistan, however, celebrates the adoption of the constitution on 23 March—when the first set was promulgated in 1956—each and every year as Republic Day.[8]
Contents
1 Origins and historical background
1.1 Previous legislation as Source
1.1.1 1956 Constitution
1.1.2 1962 Constitution
1.1.3 1970 constitutional crises
2 Constitutional convention
2.1 Drafting and ratification
3 Structure
3.1 Fundamental rights
3.2 Provisions
3.3 Islamic introduction
3.4 Parts
3.5 Annex
3.6 Schedule
4 Amendments
5 Original text
5.1 Preamble
6 Signatories
7 Comparison with previous sources
8 See also
9 References
9.1 Sources
10 External links
Origins and historical background[edit]
In a radio talk addressed to the people of USA broadcast in February 1948, Jinnah expressed his views regarding Pakistan's constitution to be in the following way:
The Constitution of Pakistan is yet to be framed by the Pakistan Constituent Assembly, I do not know what the ultimate shape of the constitution is going to be, but I am sure that it will be of a democratic type, embodying the essential principles of Islam. Today these are as applicable in actual life as these were 1300 years ago. Islam and its idealism have taught us democracy. It has taught equality of man, justice and fair play to everybody. We are the inheritors of these glorious traditions and are fully alive to our responsibilities and obligations as framers of the future constitution of Pakistan.
[9]
Pakistan was founded in 1947. Before writing a constitution, a Constituent Assembly passed the Objectives Resolution, on the insistence of the ulama and Jamaat-e-Islami, in March 1949 to define the basic directive principles of the new state and to declare state recognition of the sovereignty of Allah over the universe. The Objectives Resolution affirmed the role of democracy and contained religious provisions to enable society to adhere to the teachings of the Quran and Sunnah. The Objectives Resolution has henceforth been inserted as a preamble into each of Pakistan's subsequent constitutions.[10]
The country's first constitution was approved in 1956 but abrogated in 1958 after a military Coup d'état.[11] Pakistan's second constitution was approved in 1962. It granted executive power to the president and abolished the office of the prime minister. It also institutionalised the intervention of military in politics by providing that for twenty years, the president or the defence minister must be a person who had held a rank not lower than that of lieutenant-general in the army.[12] The 1962 constitution was suspended in 1969 and abrogated in 1972.[11]
The 1973 constitution was the first in Pakistan to be framed by elected representatives. Unlike the 1962 constitution it gave Pakistan a parliamentary democracy with executive power concentrated in the office of the prime minister, and the formal head of state—the president—limited to acting on the advice of the prime minister.[12]
The Constitution states that all laws are to conform with the injunctions of Islam as laid down in the Quran and Sunnah.[6] The 1973 Constitution also created certain institutions such as the Shariat Court and the Council of Islamic Ideology to channel the interpretation and application of Islam.[13]
After another coup in 1977, the constitution was held in abeyance until it was "restored" in 1985 but with an amendment (the Eighth) shifting power from the parliament and Prime Minister to the president. Another Amendment (Seventeenth) in 2004 continued this shift, but in 2010, the Eighteenth amendment reduced presidential powers, returning the government to a parliamentary republic.
Previous legislation as Source[edit]
Main article: Pakistan Movement
The successful movement led the establishment of Pakistan, independent from British India in 1947. The British Empire divided British India into two, India and Pakistan.
The provisions of the Government of India Act, 1935, had greatly influenced the state and served its legal document until 1956. In 1950, Prime Minister Liaquat Ali Khan author the first annexe that would paved a path in drafting of the Constitution. Elected in 1947, the first Constituent Assembly drafted and adopted its first constitution in 1956.
1956 Constitution[edit]
Main article: Constitution of Pakistan of 1956
Following the adoption of a constitution in India in 1950, Pakistan's lawmakers were incentified to work on their constitution. Prime Minister Muhammad Ali and his government officials worked with the opposition parties in the country to formulate a constitution for Pakistan.[14]
Finally, the joint work led to the promulgation of the first set of the constitution on 23 March 1956—a day when Pakistan celebrates its Republic Day over the adoption of the constitution. The constitution provided for parliamentary form of government with a unicameral legislature.[14] It officially adopted Pakistan as "Islamic Republic" and the principle of parity was introduced. Its features were:
Islamic Republic of Pakistan[14] – Official name of the country was adopted
Objectives Resolution – The objective resolution was included as preamble by the constitution.
System of government – Parliamentary with a prime minister as head of government.
Unicameral Legislature – A single house, only a National Assembly that would consist of 300 members; 150 members from each East and West Pakistan
President – Required to be a Muslim and ceremonial head of state. In case of internal or external danger he could declare a state of emergency in the country.
Islamic law – No law would be passed against the teachings of the Quran and Sunnah.
Independent Judiciary – The Supreme Court as an apex court – a final arbitrator of all the decisions.
Fundamental rights included freedoms of movement, speech and, profession and profess religion, right to life, liberty, and property.
Language – English, Urdu and Bengali were made national languages.
By the constitution, Iskander Mirza assumed the presidency but his constant involvement in national affairs, as opposed to Constitution, dismissed four elected prime ministers in two years. Under public pressure, Mirza upheld the coup d'état in 1958, thus virtually suspending the constitution. Shortly afterwards General Ayub Khan deposed Mirza and declared himself president.[15]
1962 Constitution[edit]
Main article: Constitution of Pakistan of 1962
General Ayub Khan appointed a Constitution Commission to draft another part of the constitution under Chief Justice Muhammad Shahabuddin.[16] Submitted its considerations on 6 May 1961, Ayub Khan altered the entire version of the constitution which was entirely different from the one recommended by Chief Justice Muhammad Shahabuddin.[16] It was promulgated on 8 June 1962. Main feature of this set was the introduction of the Presidential system and more consolidated powers to the President. No further changes were carried out to oppose the 1956 document.[16] Its features includes:
More powers to the President of Pakistan.[16]
Strengthening of the Islamic Ideology council.[17][18]
The military government and President Yahya himself made no efforts to frame a constitution, aside from issuing the extrajudicial order in 1970.[18] Across the country, the expectations were that a National Assembly would be set up by holding a free and fair election. To hold the proposed elections, President Yahya promulgated a Legal Framework Order on 30 March 1970 that also spelled out the fundamental principles of the proposed constitution and the structure and composition of the national and provincial assemblies.[18]
In December 1970, nationwide general elections were held simultaneously for both the national and five provincial assemblies.[18] The polling results turned were simply disastrous from the standpoint of national unity and demonstrated the failure of national integration.[18] No party enjoyed the full confidence of the people of Pakistan.[18] The nationalist Awami League (AL) secured the mandate of East Pakistan but failed to perform in any four provinces of Pakistan.[18] The socialist Pakistan People's Party (PPP) under the leadership of Zulfikar Ali Bhutto gained mandate in Punjab and Sind but failed in East Pakistan, NWFP and Balochistan.[18] The general elections truly reflected the ugly political reality: the PPP's mandate in Pakistan and AL mandate in East Pakistan.[18]
1970 constitutional crises[edit]
Constitutional crises grew further when AL refused to make concessions over its six points to draft the constitution and instead maintaining that AL had was quiet competent to frame a constitution and to form a central government on its own.[18]
The PPP was not willing to dilute the authority of the federal government in spite of assuring full provincial autonomy for all the provinces of Pakistan.[18] Negotiations on framing the work on constitution were held between January and March 1971 between leaders of PPP, AL, and the military government of Yahya Khan, which turned out to be a failure.[18] Under the LFO, the President Yahya was to decide when the National Assembly was to meet.[18] By 13 February 1971, the President Yahya announced that the National Assembly was to meet at Dhaka on 3 March 1971. By this time the differences between the main parties to the conflict had already crystallized.[18] Over the six-point issue, the PPP was convinced that a federation based on six-point would lead to a feeble confederation in name only and was part of larger Indian plan to break up the Pakistan.[18] These fears were evidently shared by the military leaders in the west, including President Yahya Khan who had publicly described Sheikh Mujibur Rehman as the 'future Prime Minister of Pakistan' on 14 January 1971. Bhutto announced on 15 February that his party would not attend the National Assembly unless there was 'some amount of reciprocity' from the Awami League. Sheikh Mujib replied at a press conference on 21 February, asserting that "Our stand is absolutely clear. The constitution will be framed on the basis of the six-points"'.[18]
Such announcement led the PPP to demand the removal of the National Assembly session or opening session to be postponed.[18] The PPP threatened to stage a large scale general strike in all over the country. Under pressured by PPP, President Yahya postponed the National Assembly session on 25 March which came as a shattering disillusionment to the AL and their supporters throughout East Pakistan.[18] It was seen as a betrayal and as proof of the authorities of the Pakistan to deny them the fruits of their electoral victory.[18] This resulted in the outbreak of violence in East Pakistan. The Awami League launched a non-co-operation movement as they virtually controlled the entire province.[18] Due to disturbances in East Pakistan, no National Assembly session was called and the military moved in East Pakistan to control the situation.[18] The civil disobedience movement turned into armed liberation movement backed by the India.
With India successfully intervening in the conflict, the Pakistan military surrender to the Indian military and almost over ~93,000 military personnel were taken as prisoners of war on 16 December 1971.[18] Demoralized, gaining notoriety in the country, and finding himself unable to control the situation, President Yahya ultimately handed over the national power to PPP, of which, Zulfikar Ali Bhutto was sworn in on 20 December 1971 as President and as the (first civilian) Chief Martial Law Administrator.[18]
Constitutional convention[edit]
After Bangladesh was formed in 1971, the PPP formed the government and partially enacted the 1962 constitution.[19] President Zulfikar Ali Bhutto called for a constitutional convention and invited the leaders of the all political parties to meet him on 17 April 1972.[19] Leaders and constitutional experts of the Islamic political parties, conservative parties, socialists and communist parties were delegated to attend the constitutional convention in 1972.[20]
Drafting and ratification[edit]
Enlightenment and Rule of law
John Locke
Two Treatises of Government
life, liberty and property
The law experts, constitutional analysts, and country's reputed clergymen worked on formulating the constitution that represents the will and desire of people.[21] Unlike earlier attempts, the convention was not meant for new laws or piecemeal alterations, but for the "sole and express purpose of revising the 1956 articles."[21] Also, the convention was not limited to the religion, exigencies of government and the preservation of the State; rather it was intended to maintain delicacy in commerce, finances, issue of loans to federation, and Separation of powers.[21] Several key ideas of the philosophy of John Locke and Islamic provisions on civil rights were interchanged in the Constitution.[22][23]
The Constitution ultimately established the "Bicameral Parliament"– National Assembly as Lower house and Senate as Upper house.[21] It also established the parliamentary form of government with Prime Minister as its head of government; the elected National Assembly genuinely representing the will of the people.[21] The Constitution truly maintained a delicate balance between traditionalists and modernists and reflected heavy compromises on fundamental religious rights in the country.[21] The fundamental rights, freedoms of speech, religion, press, movement, association, thought, and intellectual, life, liberty and property and right to bear arms were introduced in the new Constitution.[20] Islam was declared as the State religion of Pakistan.[20] Geography and border statue of the country was redefined and "Pakistan was to be a Federation of Four Provinces."[20] The Constitution was written in the point of representing the conservative Islam as well as reflecting a heavy compromise over the religious rights and humanism ideas, advocated by the extremist leftists of the PPP.[21]
On 20 October 1972, the draft was revived by all leaders of the political parties and signed the declaration of adopting the Constitution in the National Assembly on 2 February 1973.[24] Ratified unanimously on 19 April 1973, the Constitution came into full effect on 14 August 1973.[24] On the same day, the successful vote of confidence movement in the Parliament endorsed Zulfikar Bhutto as the elected Prime Minister after latter relinquishing the presidency after appointing Fazal-i-Ilahi to that stint.[24]
Structure[edit]
Fundamental rights[edit]
Contrary to 1956 and 1962 articles, several ideas in the Constitution were new, and guaranteed security to each citizen of Pakistan. First part of the Constitution introduced the definition of State, the idea of life, liberty and property, individual equality, prohibition of slavery, preservation of languages, right to fair trial, and provided safeguard as to arrest and detention as well as providing safeguards against discrimination in services.[25][26]
The due process clause of the Constitution was partly based on the British Common law, as many founding fathers and legal experts of the country had followed the British legal tradition.[27] The fundamental rights are supreme in the Constitution and any law that is ultra vires the fundamental rights can be struck down by the apex courts in their constitutional jurisdiction vested on them under Article 199 of the Constitution.[28]
Provisions[edit]
In contrast to the constitutions of India and Bangladesh, the Constitution reflected a heavy compromise over several issues to maintain a delicate balance of power among the country's institutions. The Constitution defined the role of Islam;[29] Pakistan was to be a Federation of Four Provinces and shall be known as the Islamic Republic of Pakistan;[30] introduction of check and balances, separation of powers, and provided the federal system under which the government should governed.
The Constitution established a "Bicameral Parliament" as a legislative authority that consists of the Senate as Upper house (providing equal provincial representation), and National Assembly as Lower house (providing the will and representation of people).[31][32] The Constitution put stipulation on the eligibility of becoming President and Prime Minister that only "Muslim" of not less than forty-five years of age[33] and is qualified for becoming the Prime Minister.[34] No law repugnant to Islam shall be enacted and the present laws shall also be Islamised.[35] The Constitution also introduced a new institution known as the "Council of Common Interests" consisting of Chief Minister of each four provinces and an equal number of Cabinet ministers of the Government nominated by the Prime Minister.[36] The Council could formulate and regulate the policy in the Part II of the Legislative List. In case of complaint of interference in water supply by any province the Council would look into the complaint.
Another major innovative introduction in the Constitution is the establishment of the National Finance Commission (NFC) consisting of the Provincial and Finance Ministers and other members to advice on distribution of revenues between the federation and the provinces.[37] The Constitution's first parts introduce the Islamic way of life, promotion of local government, full participation of women in national life, protection of minorities, promotion of social and economic well being of the people, and strengthening the bonds with the Muslim world and to work for international peace.
The Islamic laws and Sharia
Quran
Under the Constitution, the Fundamental Rights include security of person, safeguards as to arrest and detention, prohibition of slavery and forced labour, freedom of movement, freedom of association, freedom of speech, freedom to profess religion and safeguards to religious institutions, non-discrimination in respect of access to public places and in service, preservation of languages, script and culture. The judiciary enjoys full supremacy over the other organs of the state. About national languages, Urdu was declared as national languages, and English as official language; all other languages were preserved by the Constitution.[38]
Islamic introduction[edit]
Many key ideas on regarding the role of Islam in the State that were mentioned in 1956 Articles were made part of the Constitution:
The official name "Islamic Republic of Pakistan" as selected for the state of Pakistan.
Islam is declared as the state religion of Pakistan.
Enabling of living life, culture, and customs of Muslims, individually or collectively, in accordance with the fundamental principles and basic concepts of Islam.
Teachings on Arabic, Quran, and Islamiyat to be compulsory in country's institutions and to secure correct and exact printing and publishing of the Quran.
Proper organisations of Zakat, Waqf, and mosques is ensured.
Prevent prostitution, gambling and consumption of alcohol, printing, publication, circulation, pornography, and display of obscene literature and advertisements.
Required to be a Muslim to run for bid of becoming the President (male or female) and/or Prime Minister (male or female). No restriction as to religion or gender on any other post, up to and including provincial governor and Chief Minister.
All existing laws shall be brought in conformity with the injunctions of Islam as laid down in the Quran and Sunnah and no law shall be enacted which is repugnant to such injunctions.[39]
A Council of Islamic Ideology shall be constituted referred to as the Islamic advisory council.[40]
The Constitution of Pakistan defined a Muslim as a person who believes in the unity and oneness of Allah, in the absolute and unqualified finality of the Prophethood of the Islamic prophet, Muhammad, and does not believe in, or recognise as a prophet or religious reformer, any person who claimed or claims to be a prophet, in any sense of the word or of any description whatsoever, after Muhammad.
In keeping with this definition, the Second Amendment to the Constitution (1974) declared for the first time the Ahmadiyya Community and/or the Lahori Group as non-Muslims, since their leader, Mirza Ghulam Ahmad, claimed to be prophet of God.
However, the Fourth Amendment (1975) set aside six seats in the National Assembly for non-Muslim representatives to protect minority rights.
The state shall endeavour to strengthen the bonds of unity among Muslim countries.
Islamic revisions were introduced into the Pakistan Penal Code.
Parts[edit]
The individual Articles of the Constitution are grouped together into the following Parts:
Preamble
Part I[41] – Introductory [Articles 1–6]
Part II[42] – Fundamental Rights and Principles of Policy [Articles 7–40]
Part III[43] – The Federation of Pakistan [Articles 41–100]
Part IV[44] – Provinces [Articles 101-140A]
Part V[45] – Relations between Federation and Provinces [Articles 141–159]
Part VI[46] – Finance, Property, Contracts and Suits [Articles 160–174]
Part VII[47] – The Judicature [Articles 175–212]
Part VIII[48] – Elections [Articles 213–226]
Part IX[49] – Islamic Provisions [Articles 227–231]
Part X[50] – Emergency Provisions [Articles 232–237]
Part XI[51] – Amendment of Constitution [Articles 238–239]
Part XII[52] – Miscellaneous [Articles 240–280]
Annex[edit]
Annex to the Constitution of Pakistan
Schedule[edit]
Schedules are lists in the Constitution that categorise and tabulate bureaucratic activity and policy of the Government.
First Schedule[53] – Laws exempted from the operation of Article 8(1), 8(2), 8(3b), and 8(4)
Second Schedule[54] – Election of President" Article 41(3)
Third Schedule:[55] – Oaths of Office: Article 42, Article 91(5)–92(2), Article 53(2)–61,
Fourth Schedule:[56] – Legislative Lists
Fifth Schedule:[57] – Remuneration and Terms and Conditions of Service of Judges: [Article 205]
Amendments[edit]
Main article: Amendments to the Constitution of Pakistan
Unlike the previous documents, the Constitution cannot be changed, instead constitutional amendments are passed; altering its effect.[7] Amendments to the Constitution are made through the Parliament, where a Two-thirds majority and voting is required in both houses for a constitutional amendment to take its effect, in accordance to the Constitution.[58] In addition to this, certain amendments which pertain to the federal nature of the Constitution must be ratified by a majority of state legislatures.[59]
As of 2015[update], 21 amendments have been introduced to the Constitution. Among the most important of these are the Eighth (1985) and Seventeenth Amendments (2004), which changed the government from a parliamentary system to a semi-presidential system. However, in 2010 the Eighteenth Amendment reversed these expansions of presidential powers, returning the government to a parliamentary republic, and also defined any attempt to subvert, abrogate, or suspend the constitution as an act of high treason.
Original text[edit]
Preamble[edit]
Main article: Objectives Resolution
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;
Therein 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,
Cognisant 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-i-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.
Signatories[edit]
All of the MNAs (full list)signed the constitution except Mian Mahmud Ali Kasuri, Dr Abdul Hayee Baloch, Mr Abdul Khaliq Khan, Haji Ali Ahmed Khan, Rais Atta Mohammad Khan and Nizamuddin Haider[60]. Sahibzada Muhammad Nazeer Sultan is currently the last serving member of the National Assembly who was also elected as the Member of National Assembly in the 1970 elections & was one of the last signatories of 1973 Constitution of the Islamic Republic of Pakistan[61].
Comparison with previous sources[edit]
With regard to provincial rights the 1973 constitution was in fact the most centralised of Pakistan's various constitutions. The Government of India Act of 1935, which Pakistan adopted as its first working constitution, granted the federal government 96 items of power. The 1956 constitution reduced that number to 49, and this was retained in the 1962 constitution. In 1973, however, it was then enlarged to 114.
See also[edit]
Pakistan portal
Government of Pakistan portal
History of Pakistan
Politics of Pakistan
Constitution of Pakistan of 1956
Constitution of Pakistan of 1962
Constitutional economics
Constitutionalism
Khan Amirzadah Khan
References[edit]
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Jump up ^ Articles 153–159(5) of Part V:Chapter 3: Special Provisions Archived 27 April 2015 at the Wayback Machine. of the Constitution of Pakistan
Jump up ^ Article 160–160(5) in Part VI:Chapter 1: Finance Archived 5 July 2014 at the Wayback Machine. of the Constitution of Pakistan
Jump up ^ Article 251–251(3) in Part XII: Chapter 4: General Archived 3 June 2014 at Archive.is in the Constitution of Pakistan
Jump up ^ Article 227(1)–227(3) in Part IX: Islamic Provisions Archived 30 April 2016 at the Wayback Machine. of the Constitution of Pakistan
Jump up ^ Article 228(1)–228(6) in Part IX: Islamic Provisions Archived 30 April 2016 at the Wayback Machine. of the Constitution of Pakistan
Jump up ^ Part I: Introductory Archived 2 February 2015 at the Wayback Machine. of the Constitution of Pakistan
Jump up ^ Part II Part II: Fundamental Rights and Principles of Policy Archived 5 July 2014 at the Wayback Machine. of the Constitution of Pakistan
Jump up ^ Part III: The Federation of Pakistan Archived 4 February 2016 at the Wayback Machine. of the Constitution of Pakistan
Jump up ^ Part IV: Provinces Archived 4 July 2014 at the Wayback Machine. of the Constitution of Pakistan
Jump up ^ Part V: Relations between Federation and Provinces Archived 4 July 2015 at the Wayback Machine. of the Constitution of Pakistan
Jump up ^ Part VI: Finance, Property, Contracts and Suit Archived 5 July 2014 at the Wayback Machine. of the Constitution of Pakistan
Jump up ^ Part VII: The Judicature Archived 4 July 2014 at the Wayback Machine. of the Constitution of Pakistan
Jump up ^ Part VIII: The Elections Archived 3 July 2014 at the Wayback Machine. of the Constitution of Pakistan
Jump up ^ Part IX: Islamic Provisions Archived 1 August 2014 at the Wayback Machine. of the Constitution of Pakistan
Jump up ^ Part X: Emergency Provisions Archived 22 August 2014 at the Wayback Machine. of the Constitution of Pakistan
Jump up ^ Part XI: Amendment of Constitution Archived 6 November 2013 at the Wayback Machine. of the Constitution of Pakistan
Jump up ^ Part XII: Miscellaneous Archived 4 July 2014 at the Wayback Machine. of the Constitution of Pakistan
Jump up ^ First Schedule Archived 21 October 2014 at the Wayback Machine. of the Constitution of Pakistan
Jump up ^ Second Schedule Archived 21 October 2014 at the Wayback Machine. of the Constitution of Pakistan
Jump up ^ Third Schedule Archived 5 July 2014 at the Wayback Machine. of the Constitution of Pakistan
Jump up ^ Fourth Schedule Archived 11 August 2014 at the Wayback Machine. of the Constitution of Pakistan
Jump up ^ Fifth Schedule Archived 21 October 2014 at the Wayback Machine. of the Constitution of Pakistan
Jump up ^ Article 239(1)–Article 239(6) in Part XI: Amendment of Constitution Archived 6 November 2013 at the Wayback Machine. of the Constitution of Pakistan
Jump up ^ Article 239(4) in Part XI: Amendment of Constitution Archived 6 November 2013 at the Wayback Machine. of the Constitution of Pakistan
Jump up ^ "On display: What's in the Constitution of Pakistan? - The Express Tribune". tribune.com.pk. 10 April 2015. Archived from the original on 14 April 2018. Retrieved 8 May 2018.
Jump up ^ "National Assembly of Pakistan on Twitter". twitter.com. Retrieved 8 May 2018.
Sources[edit]
Ludwig W. Adamec (14 December 2016), Historical Dictionary of Islam, Rowman & Littlefield, p. 231, ISBN 978-1-44-227724-3
External links[edit]
This article incorporates public domain material from the Library of Congress Country Studies website http://lcweb2.loc.gov/frd/cs/. – Pakistan
Constitution of Islamic Republic of Pakistan, including Fundamental Rights
Full Text of the Constitution via Law and Justice Commission
Full Text and Case Law via Zain Sheikh & Associates
Urdu text via National Assembly
Laws & Order, 2002 (Updated Version)
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Christmas with the Kranks
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Christmas with the Kranks
Theatrical release poster
Directed by
Joe Roth
Produced by
Michael Barnathan
Chris Columbus
Mark Radcliffe
Screenplay by
Chris Columbus
Based on
Skipping Christmas
by John Grisham
Starring
Tim Allen
Jamie Lee Curtis
Dan Aykroyd
Erik Per Sullivan
Cheech Marin
Jake Busey
M. Emmet Walsh
Music by
John Debney
Cinematography
Don Burgess
Edited by
Nick Moore
Production
company
Revolution Studios
1492 Pictures
Distributed by
Columbia Pictures
Release date
November 24, 2004 (2004-11-24)
Running time
98 minutes
Country
United States
Language
English
Budget
$60 million[1]
Box office
$96.6 million[1]
Christmas with the Kranks is a 2004 American Christmas comedy film based on the 2001 novel Skipping Christmas by John Grisham. It was directed by Joe Roth and written and produced by Chris Columbus.
It stars Tim Allen and Jamie Lee Curtis as a couple who decide to skip Christmas one year since their daughter is away, much to the chagrin of their neighbors. This was Tom Poston's final film before his death in 2007.
Contents
[hide]
1 Plot
2 Cast
3 Production
3.1 Development
3.2 Setting
3.3 Costumes
3.4 Music
4 Critical reception
5 Home media
6 Box office
7 References
8 External links
Plot[edit]
After Riverside, Illinois couple Luther (Tim Allen) and Nora Krank (Jamie Lee Curtis) see their daughter, Blair (Julie Gonzalo), depart for a Peace Corps assignment in Peru on the Sunday following Thanksgiving, empty nest syndrome sets in. Luther calculates the couple spent $6,132 during the previous year's holiday season and, not looking forward to celebrating Christmas without their daughter, he suggests they invest the money usually spent on decorations, gifts, and entertainment and treat themselves to a ten-day Caribbean cruise instead. Skeptical at first, Nora finally agrees under the condition that they still give a donation to the church and Children's Hospital. Luther tries to refuse but finally agrees and they begin planning the trip.
The Kranks are amazed to discover they are considered pariahs as a result of their decision. Luther's co-workers think he has become Ebenezer Scrooge when he gives all his employees letters that state about his Christmas boycott, local stationer Aubie is distressed to lose the couple's order for their engraved greeting cards and Christmas Eve party invitations, the Boy Scout troop is upset and angered when the Kranks refuse to purchase one of their Christmas trees to help the scouts make enough money for a camporee, and the police are stunned to discover they won't be buying this year's calendar from them. Most vocal in their objections are neighbors Vic Frohmeyer (Dan Aykroyd) and Walt Scheel (M. Emmet Walsh). Vic, who's the unelected leader of the street, organizes a campaign to force the Kranks to decorate their home so Hemlock Street won't lose the coveted award for best decorations. Vic has political and bureaucratic connections in Chicago. Walt doesn't seem to like Luther, so his efforts are primarily personal. However, it is revealed that Walt's wife Bev is suffering from cancer, perhaps dampening his holiday spirits. Children picket, led by Vic's son Spike (Erik Per Sullivan), neighbors constantly call, and Christmas carolers try to revive the Kranks' holiday spirit by singing on their lawn, which Luther stops by freezing his front lawn. Even the newspaper gets into the act by publishing a front page story complete with a photograph of the unlit Krank house and states that the Kranks' street has lost the prize and won sixth place because of how Luther and Nora refused to decorate their house. Still, Luther and Nora continue to stand their ground.
The two are in the process of packing on Christmas Eve morning when they receive a call from Blair, who announces she's at Miami International Airport, en route home with her Peruvian fiancé as a surprise for her parents. She's anxious to introduce Enrique to her family's holiday traditions, and when she asks if they're having their usual party that night, a panicked Nora says yes. Comic chaos ensues as the couple finds themselves trying to decorate the house and coordinate a party with only twelve hours to spare before their daughter and future son-in-law arrive.
While Nora scrambles to find food, especially Blair's favorite honey glazed ham, Luther goes to buy a tree from the Boy Scouts but they only have one worthless non-green tree left since their sales went big and rapid. Luther decides to give a donation by giving them money but taking the tree in the process; he then rejects it by throwing it in his backyard. While Spike leads a picket at the Kranks', Luther arranges to borrow the tree of neighbor Wes Trogdon (who is going away for a week with his kids and wife to close relatives) being given the warning that he is not to break one ornament or damage it. Luther and Spike try to transport it across the street on Spike's Radio Flyer wagon, only for the neighbors to confuse this with Luther stealing the family's Christmas tree and end up calling for the police to arrest him for theft. Spike comes to Luther's rescue by showing the neighbors and officers that Luther has Trogdon's keys and thus was given permission to borrow the tree. Nora comes home enraged at Luther for making the borrowed Christmas tree a "Disaster" and how she had to buy "Smoked Trout" to replace the honey ham (which was crushed by a truck). Once it is established why Luther is trying frantically to decorate his home, the neighbors, led by Vic, come out full force to help him and Nora ready it for Blair. Blair calls to say she landed from Miami; despite this, she is sent by a police transport to their house thus leaving her still unaware of the chaos.
After subtly giving everybody, including Blair and Enrique, a half-hearted toast, Luther tries to convince Nora to accept the cruise when she confronts him for the toast, but she refuses, disgusted that he isn't happy Blair is home. Having a change of heart, Luther sadly slips out of the house and goes across the street to the Scheel home. Bev's cancer, once in remission, has returned and, knowing this may be their last holiday together, Luther insists they take the cruise in place of him and Nora, going so far as to offer to take care of their hated cat, Muffles, so they can go. At first Walt and Bev decline, but ultimately decide to accept his generosity; as a result, Luther, whose holiday spirit has been renewed, realizes skipping Christmas wasn't as good an idea as he had originally thought.
Cast[edit]
Tim Allen as Luther Krank
Jamie Lee Curtis as Nora Krank, Luther's wife
Dan Aykroyd as Vic Frohmeyer, the Kranks' domineering neighbor
Dava Hulsey as Amanda Frohmeyer, the doting wife of Vic and loving mother of Spike.
Julie Gonzalo as Blair Krank, the Kranks' daughter
M. Emmet Walsh as Walt Scheel, the Kranks' obnoxious neighbor
Elizabeth Franz as Bev Scheel, Walt's ailing wife
Erik Per Sullivan as Spike Frohmeyer, Vic's kid
Cheech Marin as Officer Salino
Jake Busey as Officer Treen, Salino's partner
Austin Pendleton as Marty, an umbrella salesman who is actually Santa Claus
Tom Poston as Father Zabriskie, a priest
Kim Rhodes as Julie, Luther's employee
Arden Myrin as Daisy
René Lavan as Enrique Decardenal, Blair's fiance
Patrick Breen as Aubie, a stationier
Caroline Rhea as Candi, a friend of Nora's
Felicity Huffman as Merry, a friend of Nora's
Kevin Chamberlin as Duke Scanlon, a Boy Scout leader
Production[edit]
Development[edit]
Joe Roth knew about John Grisham's Skipping Christmas before it was even published in 2001. He was asked by Grisham to read the book in galley form, assuming he could direct a movie based on it. Roth recalls: "It turns out he was right. Even while I was reading it, all I could think was that this would make a great Christmas movie. It had humor, it had wonderful characters and it had heart." It was a huge change for him as he, who previously directed thrillers, would now do work for a film lighter in tone and style. With the rights of the book received and the May 2000 founding of Revolution Studios, he stated that "as a start-up company, there was a great deal of work to do in order to get up and running."[2]
Later, filmmaker Chris Columbus, who also bought the rights to Skipping Christmas and had written a screenplay, called Roth about directing the adaption. As Roth explains: "Naturally, I thought he was going to direct it. But he said, 'No, you should direct it.' It turns out I was getting ready to direct another project. But when I read Chris's script, I knew I had to at least try to direct it. I promised myself that if I could get the right cast in place, I would do it." Producer Michael Barnathan said, "Joe read the script on a Sunday, bought it on Monday, decided he wanted to direct it on Tuesday and by Friday had cast Tim [Allen] and Jamie Lee [Curtis]. The following Monday morning we started pre-production."[2]
Setting[edit]
Christmas with the Kranks takes place mostly in the Kranks's neighborhood of Hemlock Street in Riverside, a suburb of Chicago, Illinois, over the course of four weeks from Thanksgiving to Christmas Eve. Production designer Garreth Stover originally looked for locations with the right weather conditions and suburban ambience for Hemlock Street, as described specifically in Columbus's script of the film. He was scouting from the metropolitan area of Chicago to Minnesota, but due to the extreme conditions of this part of the United States at the time, the filmmakers felt it was better to set up the neighborhood in an empty location instead of finding one.[2]
When looking for a place to build the set 15 weeks before filming began, Stover chose a parking lot of a former Boeing aircraft factory in Downey, California, about 15 miles away from downtown Los Angeles and in the midst of Downey Studios. The rest of the first three weeks were spent on designing the houses with assistance from construction coordinator David Elliott. In the next 12 weeks, hundreds of carpenters, plasterers and painters working built had built what would become the largest exterior set ever for a movie, being more than 700 feet long and including 16 houses. What Stover called "the core five" were the houses of the Kranks, the Frohmeyers, the Scheels, the Beckers and Trogdons, which he claimed had "full ground floors that are dressed and you can see into." He also said that the second floor of the Kranks' was built on a soundstage. Producer Michael Barnathan claimed that the set would later be available for other movies, TV series and commercials to use.[2]However, due to health complaints from the locals over toxic residues from factory period and lack of profit, the studio closed in 2012 and was razed to build a mall.[3]
Costumes[edit]
Susie DeSanto handled the costume design of Christmas with the Kranks. According to DeSanto, "I was looking for a project that was really textural, and maybe a bit nostalgic. I saw Christmas With the Kranks like a Christmas card, a beautiful Christmas memory of how we wish the holiday to be. So a lot of the fabrics I chose were not so much high-tech bright colors, but wools, plaids and mixing patterns. Joe [Roth] was specific about what he wanted, but within that, he allowed me a great deal of freedom to express myself.”[2]
DeSanto viewed that all the characters in Christmas with the Kranks would wear dresses that are supposed to serve as their "accents" rather than overtly defining them. Luther Krank is seen wearing the same-colored shirt and suit at work all the time, and according to DeSanto, this "tells that Luther’s a punch-the-clock kind of guy, so the whole idea of skipping Christmas and going off on a tropical vacation is completely averse to anything he’s ever done." She described Nora as "tasteful and kind of folksy, a middle-American woman approaching middle age. In our first meeting, Jamie Lee Curtis was totally prepared. She wanted to look like a real Midwestern woman who lives in the suburbs of Chicago and is as obsessed with Christmas as everyone around her. Nora dresses for the seasons and I found out by speaking to people at Marshall Field’s in Chicago that the Christmas sweater is a big deal. And Jamie wears it so well.” As for Vic Frohmeyer, she saw him as "a sort of commander-in-chief of the neighborhood, so I wanted something with a bit of a military flair. Since he’s also a college professor, we cut the pattern from a general’s jacket and made it professorial by using a vintage tweed mixed with corduroy.”[2]
Music[edit]
The soundtrack features many holiday standards, including "Jingle Bell Rock" by Brenda Lee; "Rudolph the Red-Nosed Reindeer" by Billy May & His Orchestra with vocal by Alvin Stoller; "I Saw Mommy Kissing Santa Claus" by Eddie Dunstedter; "White Christmas" by Dean Martin; "Frosty the Snowman" by Steve Van Zandt; "Blue Christmas" by Elvis Presley; and "The Christmas Song" by Ella Fitzgerald.
Critical reception[edit]
On Rotten Tomatoes, the film has an approval rating of 5% based on 131 reviews with an average rating of 2.8/10. The site's critical consensus reads, "A mirthless movie as fresh as last year's fruit cake, Christmas with the Kranks is a coarse, garish comedy that promotes conformity."[4] On Metacritic, the film has a score of 22 out of 100 based on 33 critics, indicating "generally unfavorable reviews".[5] Audiences polled by CinemaScore gave the film an average grade of "B" on an A+ to F scale.[6]
Home media[edit]
Christmas with the Kranks was released on DVD and VHS on November 8, 2005.
Box office[edit]
The film was a box office success. On its opening weekend, it earned $21,570,867 on 3,393 screens, ranking #3 behind National Treasure and The Incredibles. It eventually grossed $96,572,480 worldwide.[1]
References[edit]
^ Jump up to: a b c "Christmas with the Kranks". Box Office Mojo.
^ Jump up to: a b c d e f "Christmas with the Kranks" (PDF). Hollywood Jesus. Retrieved October 12, 2014.
Jump up ^ Verrier, Richard (2009-08-02). "Health complaints linked to former NASA site in Downey". Los Angeles Times. ISSN 0458-3035. Retrieved 2017-02-28.
Jump up ^ "Christmas With the Kranks (2004)". Rotten Tomatoes.
Jump up ^ "Christmas with the Kranks Reviews". Metacritic.
Jump up ^ "CinemaScore". cinemascore.com.
External links[edit]
Wikiquote has quotations related to: Christmas with the Kranks
Christmas with the Kranks on IMDb
Christmas with the Kranks at AllMovie
Jamie Lee Curtis interview
Netflix: Christmas With.....
[show]
v
t
e
Films directed by Joe Roth
Streets of Gold (1986)
Revenge of the Nerds II: Nerds in Paradise (1987)
Coupe de Ville (1990)
America's Sweethearts (2001)
Christmas with the Kranks (2004)
Freedomland (2006)
[show]
v
t
e
Works by John Grisham
Novels
A Time to Kill (1988)
The Firm (1991)
The Pelican Brief (1992)
The Client (1993)
The Chamber (1994)
The Rainmaker (1995)
The Runaway Jury (1996)
The Partner (1997)
The Street Lawyer (1998)
The Testament (1999)
The Brethren (2000)
A Painted House (2001)
Skipping Christmas (2001)
The Summons (2002)
The King of Torts (2003)
Bleachers (2003)
The Last Juror (2004)
The Broker (2005)
Playing for Pizza (2007)
The Appeal (2008)
The Associate (2009)
The Confession (2010)
The Litigators (2011)
Calico Joe (2012)
The Racketeer (2012)
Sycamore Row (2013)
Gray Mountain (2014)
Rogue Lawyer (2015)
The Whistler (2016)
Camino Island (2017)
The Rooster Bar (2017)
Short story collections
Ford County (2009)
Short stories
The Tumor (2015)
Non-fiction
The Innocent Man: Murder and Injustice in a Small Town (2006)
Theodore Boone series
Theodore Boone: Kid Lawyer (2010)
Theodore Boone: The Abduction (2011)
Theodore Boone: The Accused (2012)
Theodore Boone: The Activist (2013)
Theodore Boone: The Fugitive (2015)
Theodore Boone: The Scandal (2016)
Screenplays
The Gingerbread Man (1998)
Mickey (2004)
Film adaptations
The Firm (1993)
The Pelican Brief (1993)
The Client (1994)
A Time to Kill (1996)
The Chamber (1996)
The Rainmaker (1997)
The Gingerbread Man (1998)
A Painted House (2003)
Runaway Jury (2003)
Christmas with the Kranks (2004)
Television adaptations
The Client (1995)
The Firm (2012)
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