THE CONSTITUTION OF

PAKISTAN OF 1973
The constitution of Pakistan of 1973, some of its well-known features, parts,
sections and amendments are discussed in this assignment.

Fatima Khan
B.S LLB (16FA) 07
Submitted to “Ma’am
Maryam”

SEPTEMBER 26, 2018

WOMEN UNIVERSITY OF SWABI
Department of Law and Shariah
Contents
What is “Constitution”? .................................................................................................................. 3
Constitution of Pakistan of 1973: ................................................................................................... 3
Preamble of the Constitution: ........................................................................................................ 3
Salient features of the Preamble: ............................................................................................... 3
Salient features of 1973 Constitution: ............................................................................................ 3
1. Well Written and documented: .............................................................................................. 3
2. Islamic Ideology: ..................................................................................................................... 4
3. Federal System: ....................................................................................................................... 4
4. Parliamentary Form: ............................................................................................................... 4
5. Bicameralism: .......................................................................................................................... 4
6. Fundamental Rights: ............................................................................................................... 4
7. Independence of Judiciary: ..................................................................................................... 4
8. Rule of Law: ............................................................................................................................. 5
9. Position of the President: ....................................................................................................... 5
10. A rigid Constitution: .............................................................................................................. 5
Amendments in the constitution of Pakistan: ................................................................................ 5
1. The constitution (First Amendment) Act, 1974 ...................................................................... 5
2. The constitution (second Amendment) Act, 1974 .................................................................. 6
3. The constitution (third amendment) Act, 1974 ...................................................................... 6
4. The constitution (fourth amendment) Act, 1975 ................................................................... 6
5. The constitution (Fifth Amendment) Act, 1976 ...................................................................... 6
6. The constitution (sixth amendment) Act, 1975 ...................................................................... 7
7. The constitution (seventh amendment) Act, 1977 ................................................................. 7
8. The constitution (eighth amendment) Act, 1985 ................................................................... 7
9. The constitution (ninth amendment) Act, 1986 ..................................................................... 7
10. The constitution (tenth amendment) Act, 1987 ................................................................... 8
11. The constitution (eleventh amendment) Act ....................................................................... 8
12. The constitution (Twelfth amendment) Act, 1991 ............................................................... 8
13. The constitution (thirteenth amendment) Act, 1997 ........................................................... 8
14. The constitution (fourteenth amendment) Act, 1997 .......................................................... 8

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 15. The constitution (fifteenth amendment) Act, 1998 ............................................................. 9
16. The constitution (Sixteenth amendment) Act, 1999 ............................................................ 9
17. The constitution (seventeenth amendment) Act, 2002 ....................................................... 9
18. The constitution (eighteenth amendment) Act, 2010 .......................................................... 9
19. The constitution (nineteenth amendment) Act,2010 .......................................................... 9
20. The constitution (Twentieth amendment) Act, 2012 ......................................................... 10
21. The constitution (Twenty-First amendment) Act, 2015 ..................................................... 10
22. The constitution (Twenty-Second amendment) Act, 2016 ................................................ 10
23. The constitution (Twenty Third amendment) Act, 2017 .................................................... 10
24. The constitution (Twenty fourth amendment) Act, 2017 .................................................. 10
25. The constitution (Twenty fifth amendment) Act, 2017 ......... Error! Bookmark not defined.

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What is “Constitution”?
Constitution is a set of political principles by which a state or organization is governed,
especially in relation to the rights of the people it governs. It is important because it protects
individual freedom, and its fundamental principles govern the Islamic republic of Pakistan.
Constitution places the government’s power in the hands of the citizens. It limits the power of
government and establishes a system of checks and balances.

Constitution of Pakistan of 1973:

On 17th April 1972 the National Assembly constituted a committee to prepare a draft
of constitution. The Committee worked hard and prepared the draft of the constitution which
was presented to the leaders of all parliamentary leaders on 20th October 1972. All the leaders
signed the draft. After that it was discussed and debated in the National Assembly which gave
its approval on 10th April 1973. The President gave his assent on 12th April 1973. Finally the
Senate approved the constitution in August 1973. Consequently the constitution was enforced
in the country on 14th August 1973.

Preamble of the Constitution:

The preamble of the constitution is a brief and well worded statement of the principle
which guided the constitution makers. Preamble means an introductory statement in a
constitution, statute or other document, and it explains basis and objective of such document.
The preamble of the constitution is not justifiable as other parts of the constitution. The
preamble is written in the constitution just to determine the ideals and the objects for the
government to achieve.

Salient features of the Preamble:

Some important salient features discussed in the preamble of constitution of Pakistan of 1973
are Sovereignty, democratic system, injunctions of Islam, federation with autonomous units,
safeguard integrity of Pakistan, fundamental rights, minorities’ rights, independence of
judiciary.
Salient features of 1973 Constitution:
Below are some eminent features of the third constitution of Islamic Republic of
Pakistan;
1. Well Written and documented:
Pakistan 3rd constitution of 1973 is like its previous counterparts written in nature and
character. It is one of the lengthiest constitutions of the world, consisting of a Preamble and
280 Articles, classified into 12 Chapters and 6 Schedules. Most of the principles of the
constitutional laws have been specified in the constitution to avoid all possible ambiguities.
Hence it is comprehensive and comparatively more detailed than the previous ones.

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 2. Islamic Ideology:
The 1973 Constitution of Pakistanis strictly based on Islamic ideology. Article-1 of the
constitution declares Pakistan to be an Islamic polity. The Muslims were advices to implement
the teachings of Quran and Sunnah in the daily life. Islam shall be the state religion. Besides, the
Council of Islamic Ideology it has been made obligatory for the President and Prime Minister to
be Muslim.

3. Federal System:
According to Article-I of the constitution, Pakistan shall be federal republic to be known as
Islamic Republic or Pakistan. There are two legislative lists - the Federal List and the Concurrent
List. The central government has exclusive right to legislate on all matters enumerated in the
Federal List. The residuary powers are vested in the provincial governments. Although the
provincial autonomy has been ensured but the supremacy of the federal government has been
recognized in various legislative, administrative and fiscal matters.

4. Parliamentary Form:
The 1973 constitution establishes a parliamentary form of government. The Prime Minister and
the cabinet ministers belong to Parliament and are responsible to it for their conduct and
policies. The Parliament can pass a vote of No-Confidence against them. The President is the
head of State and the Prime Minister is the head of Government. The President has to act on
the advice of Prime Minister.

5. Bicameralism:
Unlike the previous practices the present political system is characterized by bicameralism
called Majlis-e-Shura (Article-50) consisting of two Houses – the National Assembly and the
Senate. The former is the lower and popular house chamber directly elected for a period of 5
years. Its total strength is 217 (under LFO 342) while the Senate is the upper chamber, which
represents the units. It consists of 87 members (under LFO 100) who are indirectly elected for a
term of 6 years. Both the houses share equal powers in respect of legislation but in certain
matters the National Assembly is more powerful especially in matters of financial legislation.

6. Fundamental Rights:
The constitution of 1973 incorporates all the fundamental rights that were ensured under the
defunct constitution. Neither the Parliament nor the provincial assemblies are authorized to
enact laws repugnant to these rights otherwise the courts will declared such laws to be
unconstitutional. Some of these rights include freedom of movement, freedom of assembly,
association, profession, speech and freedom of religion, right to property, equality before law
etc.

7. Independence of Judiciary:
Under the Constitution of 1973 proper safeguards have been provided to ensure independence
of judiciary. Judges of the superior courts once appointed can only be removed on the basis of
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inquiry report submitted by Supreme Judicial Council. Thus they enjoy full security of office.
They receive huge salaries along with many other allowances. There is single judicial hierarchy
with Supreme Court at the top and the High Court next in order.

8. Rule of Law:
All citizens arc ensured equal protection of law. It is explicitly laid down in the constitution that
the executive has no power to deprive a citizen of his life, liberty, property and equality etc. nor
can a person be stopped from doing certain things which one is entitled to do under law. The
courts can issue different types of order for the protection of law.

9. Position of the President:

The President is the chief executive head of the state. He is assisted by the Prime Minister and
his cabinet ministers for running the governmental machinery smoothly.He is chosen for a
period 5 years by members of Parliament and all the provincial assemblies. All the executive
authority is vested in him. He appoints all the top-ranking military and civil officials of the state.
All the Acts passed by Parliament must be assented to by him. He can also dissolve the National
Assembly on the advice of the Prime Minister and can issue ordinances.

10. A rigid Constitution:

The 1973 constitution of Pakistan is a rigid constitution but it is not so rigid like that of US
Constitution. Article-239 provides a very rigid procedure of amending the constitution. A Act to
amend the constitution must be passed by both the houses of Parliament separately by 2/3 rd
majority vote. After that the Act is to be submitted to the President for his assent. If the
President signs the Act, the constitution will be amended accordingly.

Amendments in the constitution of Pakistan:

Till now, more than thirty amendments have been made in the 1973 constitution of Pakistan. A
general overview of first twenty-four amendments is given below,

1. The constitution (First Amendment) Act, 1974

The Constitution (First Amendment) Act, 1974
Date of enactment May 8, 1974
Articles Amended 1, 8, 17, 61, 101, 127, 193, 199, 200, 209, 212, 259, 260,
272, and amendment of First Schedule
Nature of amendment Territories comprising Pakistan. Provisions regarding political
parties operating prejudicial to the sovereignty or integrity of
Pakistan. Accounting for the source of funds of a political
party. Temporarily requisitioning the services of a judge of a
High Court by another High Court.

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 2. The constitution (second Amendment) Act, 1974
The Constitution (Second Amendment) Act, 1974
Date of enactment September 21, 1974
Articles Amended 106 and 260
Nature of amendment Amendment of Article 106 relates to reservation of seats for
Quadianis in Provincial Assemblies.
Amendment of Article 260 refers to the finality of the
Prophet-hood of Muhammad (peace be upon him).

3. The constitution (third amendment) Act, 1974

The Constitution (third Amendment) Act, 1975
Date of enactment
Articles Amended
Nature of amendment
February 18, 1975
10 and 232
Persons involved in activities prejudicial to the integrity and
security of Pakistan have been exempted from safeguards
available to other persons as to arrest and detention under
the Constitution.
The amendment in Article 232 clause (7) (b) refers to the
disapproval of a Proclamation of Emergency by the two
Houses in joint sitting.

4. The constitution (fourth amendment) Act, 1975

The Constitution (fourth Amendment) Act, 1975
Date of enactment November 25, 1975
Articles Amended 8, 17, 19, 51, 54, 106, 199, 271, 272, 273, First Schedule and
Fourth Schedule
Nature of amendment Amendment to ensure limiting the powers of High Courts in
interfering with cases related to preventative detainment.

5. The constitution (Fifth Amendment) Act, 1976

The Constitution (Fifth Amendment) Act, 1976
Date of enactment January 4, 1977
Articles Amended 101, 160, 175, 179, 180, 187, 192, 195, 196, 199, 200, 204,
206, 212, 260, 280 and First Schedule.
Nature of amendment Major amendment related to the status of the Governors,
The Chief Justice and the discretionary powers of the High
Courts and Supreme Courts.

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 6. The constitution (sixth amendment) Act, 1975
The Constitution (sixt Amendment) Act, 1976
Date of enactment September 15, 1976
Articles Amended 179, 195, 246, 260
Nature of amendment Amendment to extend the stay of the Chief Justices of
Supreme Courts and High Courts beyond their retirement
limit in case their tenure had not been completed by that
time.

7. The constitution (seventh amendment) Act, 1977

The Constitution (seventh Amendment) Act, 1977
Date of enactment May 16, 1977
Articles Amended 101, 245
Nature of amendment New Article inserted: 96 A [ceased to remain in force after
September 30, 1977]
Amendment for the institution of a referendum in order to
seek public confidence in the Prime Minister.

8. The constitution (eighth amendment) Act, 1985

The Constitution (eighth Amendment) Act, 1985
Date of enactment November 11, 1985
Articles Amended 48, 51, 56, 58, 59, 60, 75, 91, 101, 105, 106, 112, 116, 130,
144, 152 A, 270 A and addition of new Schedule, the Sixth
Schedule.
Nature of amendment Amendments to increase the overall powers of the President

9. The constitution (ninth amendment) Act, 1986

The Constitution (ninth Amendment) Act, 1986

Date of enactment
Articles Amended
Nature of amendment
July 8, 1986
Article 2, 203B and 203B and 203D
The senate passed the Act and sent it to the National
Assembly on 7 August 1986. Wasim Sajjid , the Minister for
Justice and Parliamentary Affairs, referred the Act to
committee. The committee was supposed to submit a report
regarding the proposed amendment within 30 days but
before the report could be presented, the National Assembly
was dissolved and the Act lapsed.

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 10. The constitution (tenth amendment) Act, 1987
The Constitution (tenth Amendment) Act, 1987
Date of enactment March 29, 1987
Articles Amended 54 and 61
Nature of amendment Under amendment of Article 54 and 61 working days in a
year of National Assembly and the Senate were curtailed
form 160 to 130.

11. The constitution (eleventh amendment) Act

The Constitution (eleventh Amendment) Act
Date of enactment 31-12-1989
Articles Amended Article 51
Nature of amendment In the Constitution of the Islamic Republic of Pakistan, in
clause (4) of Article 51, for the word “third” occurring before
the words “general election”, the word “fourth” shall be
substituted.

12. The constitution (Twelfth amendment) Act, 1991

The Constitution (twelfth Amendment) Act, 1991
Date of enactment July 28, 1991
Articles Amended 212 B
Nature of amendment Amendment to constitute special courts for heinous crimes
as well as increase the pay of Court Judges

13. The constitution (thirteenth amendment) Act, 1997

The Constitution (thirteenth Amendment) Act, 1997
Date of enactment April 3, 1997
Articles Amended 58, 101, 112, 243
Nature of amendment Amendment to withdraw powers of the President and
Governors to dissolve National and Parliamentary
assemblies.
14. The constitution (fourteenth amendment) Act, 1997
The Constitution (fourteenth Amendment) Act, 1997
Date of enactment July 3, 1997
Articles Amended 63A
Nature of amendment Insertion of Article 63A to provide disqualification of a
member of Parliamentary party on the ground of defection.

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 15. The constitution (fifteenth amendment) Act, 1998
The Constitution (fifteenth Amendment) Act
Date of enactment August 28, 1998
Articles Amended 2B
Nature of amendment It is necessary that Quran and Sunnah are declared to be the
supreme law of Pakistan, and the Government is empowered
to take necessary steps to enforce Shariah.

16. The constitution (Sixteenth amendment) Act, 1999

The Constitution (Sixteenth Amendment) Act
Date of enactment August 5, 1999
Articles Amended New article inserted ,27
Nature of amendment Quota system was extended for another 40 years, i.e until
2013, in order to safeguard minorities and civil rights.

17. The constitution (seventeenth amendment) Act, 2002

The Constitution (seventeenth Amendment) Act 2002
Date of enactment August 21, 2002
Articles Amended New: 41, 58, 112, 152A, 179, 195, 243, 268 and 270AA
Nature of amendment Amendments made to the constitution for the perpetuation
of Rule by Gen. Musharraf. These amendments were
augmented by the inclusion of the Legal Framework Order
(LFO) into the constitution.

18. The constitution (eighteenth amendment) Act, 2010

The Constitution (eighteenth Amendment) Act 2010
Date of enactment April 19, 2010
Articles Amended 1, 6, 17 and more
Nature of amendment Changes include repealing of amendments made by General
Musharraf and Seventeenth Amendment

19. The constitution (nineteenth amendment) Act,2010

The Constitution (nineteenth Amendment) Act 2010
Date of enactment December 22, 2010
Articles Amended 81, 175, 182, 213, 246
Nature of amendment Addresses concerns raised by Supreme Court on the
eighteenth amendment.

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 20. The constitution (Twentieth amendment) Act, 2012
The Constitution (Twentieth Amendment) Act 2012
Date of enactment February 20, 2012
Articles Amended 48, 214, 215, 216, 218, 219, 224, 224A
Nature of amendment Amends provisions related to the formation of Election
Comission

21. The constitution (Twenty-First amendment) Act, 2015

The Constitution (Twenty-First Amendment) Act 2015
Date of enactment 2015
Articles Amended
Nature of amendment Allows for trials for crimes related to terrorism to bypass the
judiciary and be held in military courts.

22. The constitution (Twenty-Second amendment) Act, 2016

The Constitution (Twenty-Second Amendment) Act 2016
Date of enactment 2016
Articles Amended
Nature of amendment Amends eligibility and age requirements for members of the
Election Commission, Provides for continuity and adds
electoral rolls for local governments as a responsibility of
Election Commission.

23. The constitution (Twenty Third amendment) Act, 2017

The Constitution (Twenty third Amendment) Act 2017
Date of enactment 2017
Articles Amended
Nature of amendment Revives expired provisions of the twenty-first amendments
with certain modifications

24. The constitution (Twenty fourth amendment) Act, 2017

The Constitution (Twenty fourth Amendment) Act 2017
Date of enactment 2017
Articles Amended
Nature of amendment Modifies allocation of National Assembly seats among
provinces based on the results of the 2017 census.

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