ASSIGNMENT 3

NAME: ANZAR ALI KHAN

ROLL NO: 2024S-BBA-016

SUBJECT: PAKISTAN STUDIES

SUBMITTED TO: MISS SOHAILA KHURRAM

 CONSTITUTION OF PAKISTAN 1973

Introduction

Constitution-making in Pakistan has unfortunately a chequered history. After gaining

independence in 1947, Pakistan adopted the 1935 Indian Constitution with slight
modifications as an interim constitution and started earnestly to frame a consensus
document to serve as its permanent constitution. However, due to peculiar circumstances,
the complexity of issues involved, and the incompetency of the political elite, it took them
more than seven years to accomplish the task in the form of the 1956 Constitution

The 1956 Constitution was never practically implemented; before the country’s first
parliamentary elections were to be held, President Iskandar Mirza abrogated the constitution
and declared Martial Law on October 7, 1058. He appointed army chief Ayyub Khan, who
had been appointed as the defence minister, as the martial law administrator. On October
27, 1958, General Ayyub removed Iskandar Mirza and became the head of the state.

After consolidating his power, General Ayyub appointed a commission for the preparation of
a new Constitution. Based on its report, the Cabinet finally approved the text of the new
constitution, which was promulgated by President Ayyub on March 1, 1962, and finally came
into effect on June 8, 1962.

Although there were multiple historical and structural, of the breakup of Pakistan in 1971, in
hindsight, we can say that the promulgation of the 1962 Constitution was the beginning of
the last stage of a united country. The 1956 Constitution, however flawed it might be, was a
written agreement endorsed by the majority of the elected representatives who had taken
part in the freedom struggle of the country, for their resolve to live together. Its abrogation
nullified all the efforts made by the political elite of both wings to do so, cutting the very roots
of the country as a united nation-state.

After the separation of East Pakistan in 1971, Zulfiqar Ali Bhutto took over the reins of the
remaining country as its President and governed the new country under the Interim
Constitution of 1972. Soon afterwards, a Constitutional Commission was set up to draft a
permanent constitution for the country following the changed circumstances. It presented its
draft Constitution in early 1973, which was later unanimously approved by the National
Assembly on August 14 of the same year

Keeping in view the peculiar conditions of a country that had recently been divided into two
and was facing an existential threat, internally and externally, the Constitution reflected a
heavy but the best compromise possible over several issues. Passed unanimously by the
parliament and all the parties represented in the parliament, it tried to maintain a delicate
balance of power among the country’s institutions on the one hand and between the centre
and the provinces on the other by introducing a robust mechanism of check and balances
and separation of powers.
Salient Features of the Constitution of 1973:

The salient features of the Constitution of 1973 are as follows:

1. Written Constitution:

Like the Constitution of the United States of America, but unlike the Constitution of the
United Kingdom, the Constitution of 1973 is a written document. There are 280 articles and
seven schedules to the Constitution. Urdu and English are the official languages, while
provinces are free to opt for their respective provincial languages as well.

2. Federal Form of State

The Constitution of 1973 envisaged Pakistan as a federation consisting of a central

government and the governments of the federating units, namely, the provinces of Punjab,
Sindh, Khyber Pakhtunkhwa, and Baluchistan.

3. Parliamentary form of Government:

Like the Constitution of 1956, but unlike the Constitution of 1962, the Constitution of 1973
provides Pakistan with a parliamentary form of government whereby maximum powers are
vested in the elected parliament and the Prime Minister, as head of government, has many
more powers than the head of state (President).

4. Bicameral Legislature

The Constitution of 1973 provides for the establishment of a bicameral legislature that
consists of two houses, namely, the National Assembly, the lower house, and the Senate,
the upper house. All public representatives of the national assembly and the provincial
assemblies are elected through the direct votes of adults.

5. Balance between rigidity and flexibility

The Constitution of 1973 strikes a fairly good balance between rigidity and flexibility. As per
universal practice, it does allow constitutional amendments but requires a two-thirds majority
of the parliament (National Assembly and Senate) to approve them.

6. Fundamental Rights

To emphasize its democratic credentials, the 1973 Constitution guarantees fundamental

rights to the citizens of Pakistan. These include equality of all citizens before the law,
security of person, safeguards as to arrest and detention, prohibition of slavery and forced
labour, freedom of speech, freedom to profess religion, safeguards for religious institutions,
non-discrimination in respect of access to public places and services, and preservation of
languages, script, and culture.
7. Principles of Policy

Keeping in view the ideology of Pakistan as a modern welfare state based on Islamic
foundations, the 1973 Constitution listed the Principles of Policy as the guidelines for
statecraft, namely the introduction of the Islamic way of life, promotion of local government,
full participation of women in national life, protection of minorities, promotion of the social
and economic wellbeing of the people, strengthening the bonds with the Muslim world, and
working for international peace.

8. Islamic Provisions of the Constitution of 1973

To appease the vocal religious lobby, it not only retained the name of the country, like the
Islamic Republic of Pakistan, but also maintained the articles relating to Islam originally
introduced in the 1956 Constitution. The Constitution put a stipulation on the eligibility for
becoming President and Prime Minister that only “Muslims” are not less than forty-five years
of age and are qualified for becoming Prime Minister. No law repugnant to Islam shall be
enacted, and the present laws shall also be Islamized.

The Constitution also listed the Principles of Policy as the guidelines for statecraft, namely
the introduction of the Islamic way of life and strengthening the bonds with the Muslim world.
Many key ideas regarding the role of Islam in the State that were mentioned in the 1956
Articles were made part of the Constitution:

The official name “Islamic Republic of Pakistan” was selected for the state of Pakistan.

Islam has been declared the state religion of Pakistan.

Enabling the living life, culture, and customs of Muslims, individually or collectively, under the
fundamental principles and basic concepts of Islam

Teachings on Arabic, Qur’an, and Islamiyat to be compulsory in the country’s institutions and
to secure correct and exact printing and publishing of the Qur’an.

Proper organization of Zakat, Waqf, and mosques is ensured.

Prevent prostitution, gambling, consumption of alcohol, printing, publication, circulation,

pornography, and display of obscene literature and advertisements.

It is required to be a Muslim to run for president (male or female) and/or Prime Minister
(male or female). There is 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 Qur’an and Sunnah and no law shall be enacted that is repugnant to such
injunctions.[38]

A Council of Islamic Ideology shall be constituted and referred to as the Islamic Advisory
Council.
The Constitution of Pakistan defines 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 the 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.

9. Provincial Autonomy

To satisfy the demands of the provinces for more provincial autonomy, the Constitution
defined Pakistan as a Federation of Four Provinces, provided the federal system with a
“Bicameral Parliament” as a legislative authority at the centre and unicameral legislatures in
the respective provinces, and introduced comprehensive lists of federal, provincial, and
concurrent subjects. The Parliament consists of the Senate as the Upper House (providing
equal provincial representation), and the National Assembly as the Lower House (providing
the will and representation of the people).

The Constitution also introduced a new institution known as the “Council of Common
Interests,” consisting of the Chief Minister of each of the four provinces and an equal number
of Cabinet ministers of the Government nominated by the Prime Minister.[35] The Council
could formulate and regulate the policy in Part II of the Legislative List. In case of a
complaint of interference in water supply by any province, the Council would consider 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 advise on the distribution of revenues between the federation and the
provinces.

10. Separation of Powers

The 1973 Constitution of Pakistan, containing more than 250 articles and several important
amendments, establishes a federal state with a bicameral legislature and parliamentary form
of government at the centre and four federating units. The national power is divided between
the three branches, namely the Executive, Legislature, and Judiciary. In addition to these
three branches, the Constitution also provides for an Ombudsman or Mohtasib. The holder
of this office is tasked with enforcing administrative accountability and investigating wrongs
committed against citizens by members of the government. However, the Mohtasib does not
have jurisdiction over any cases involving personal grievances of government officials,
foreign affairs, national defence, or the armed services.

Amendments in the Constitution (1973)

The Constitution of Pakistan 1973 has undergone several amendments since its adoption.
While the core principles remain, these changes have significantly impacted the power
dynamics between different branches of government and the overall political landscape.
Let's delve deeper into some of the most significant amendments:

1. First Amendment (1974):

Clarified the powers of the Prime Minister and the President. This amendment aimed to
address ambiguities in the initial document regarding the division of authority between the
executive and the head of state.

2. Eighth Amendment (1984):

Increased the number of Senate seats, potentially giving the President more influence in
selecting senators.
Strengthened the role of the President by granting them the power to dissolve the National
Assembly under certain conditions. This amendment sparked controversy as it tilted the
balance of power towards the President, potentially undermining the parliamentary system.

3. Seventeenth Amendment (1997):

Introduced Sharia courts: This amendment established a parallel legal system based on
Islamic law. This move aimed to appease religious sentiments but also raised concerns
about the potential for a dual legal system to undermine existing legal frameworks.
Empowered the military: The amendment granted the military a stronger institutional role
in national security and decision-making. This further blurred the lines between civilian and
military power in Pakistan.

The Seventeenth Amendment was later repealed in its entirety due to its controversial
nature.

4. Eighteenth Amendment (2010):

Considered a landmark amendment, it devolved greater power to the provinces. This move
aimed to address longstanding grievances about the centralization of power in the federal
government and promote greater provincial autonomy.

Strengthened parliamentary democracy: The amendment reinforced the power of the

parliament by curtailing the President's authority to dissolve the National Assembly.
Abolished the concurrent list: This list previously allowed both federal and provincial
governments to legislate on certain issues, leading to confusion and duplication of efforts.
The 18th Amendment assigned exclusive legislative powers to either the federal or provincial
governments, streamlining the legislative process.

The 18th Amendment is generally seen as a positive step towards greater democracy and
provincial empowerment.

5. Twenty-First Amendment (2013):

Established a special court to try high-profile corruption cases. This amendment aimed to
address public concerns about corruption and expedite the handling of corruption cases
involving high-level officials.

6. Twenty-Fifth Amendment (2018):

Extended the tenure of army chiefs. This amendment sparked debate as it potentially
strengthened the military's influence in the political sphere.