Title: “Compare and contrast the 1973 Constitution of Pakistan with

the Government of India Act 1935”

UNIVERSITY LAW COLLEGE, QUETTA

Submitted By: Fatima Jahanzaib

Roll #: 55
Semester: Seventh (7th)
Submitted to: Ms. Palwasha Khan

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Contents
ABSTRACT:...................................................................................................................................................3
BACKGROUND:............................................................................................................................................3
INTRODUCTION:..........................................................................................................................................3
INDIAN INDEPENDENCE ACT 1935...............................................................................................................4
INTRODUCTION:......................................................................................................................................4
BACKGROUND:........................................................................................................................................4
SOURCES OF GOVERNMENT INDIAN ACT 1935.......................................................................................5
BASIC PURPOSE OF ACT...........................................................................................................................5
SALIENT FEATURES OF THE GOVERNMENT INDIAN ACT 1935.................................................................6
1)WRITTEN ACT...................................................................................................................................6
2)PROVINCIAL AUTONOMY:................................................................................................................6
3)ALL-INDIA FEDERATION:...................................................................................................................6
4)DIVISION OF POWERS:......................................................................................................................6
5)BI-CAMERAL LEGISLARTURE:............................................................................................................6
6)FEDERAL COURT ESTABLISHED:........................................................................................................7
7)SAFEGUARD OF MINORITIES:...........................................................................................................7
8)METHOD OF ELECTION:....................................................................................................................7
9)POWER OF BRITISH PARLIAMENT.....................................................................................................7
10)REORGANIZATION OF PROVINCES..................................................................................................7
11)FRANCHISE.....................................................................................................................................7
12)DIARCHY AT CENTRE:......................................................................................................................7
13)SEPARATION OF BURMA AND ADDEN:...........................................................................................7
CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN 1973.........................................................................8
BACKGROUND OF THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN 1973..........................8
Sources of Constitution of Pakistan 1973................................................................................................9
SALIENT FEATURES OF THE 1973 CONSTITUTION....................................................................................9
1)PREAMBLE:.......................................................................................................................................9
2)OBJECTIVE RESOLUTION:..................................................................................................................9
3)FUNDAMENTAL RIGHTS:.................................................................................................................11
4)PRINCIPLES OF POLICY:...................................................................................................................11
5)FEDERATION:..................................................................................................................................12

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 6)BICAMERALISM/ TWO CHAMBERS OF PARLIAMENT:.....................................................................12
7)NATURE OF THE CONSTITUTION:...................................................................................................12
8)PARLIAMENTARY FORM OF GOVERNMENT:..................................................................................13
9)DIRECET ELECTION:........................................................................................................................13
10)RULE OF LAW:...............................................................................................................................13
11)SINGLE CITIZENSHIP:.....................................................................................................................13
12)NATIONAL AND OFFICIAL LANGUAGE:.........................................................................................14
13)REFERRENDUM:............................................................................................................................14
14)HIGH TREASON:............................................................................................................................14
15)ISLAMIC PROVISIONS:...................................................................................................................14
COMPARATIVE ANALYSIS OF INDEPENDENCE ACT 1935 AND CONSTITUTION OF PAKISTAN 1973:..........16
1)NATURE:.............................................................................................................................................16
2)SUBSTANCE:.......................................................................................................................................16
3)SOVEREIGNITY/AUTHORITY................................................................................................................17
4)PREAMBLE:.........................................................................................................................................17
5)GOVERNMENT:...................................................................................................................................17
6)STATE RELIGION:................................................................................................................................17
7)LANGUAGE:........................................................................................................................................17
8)ELECTIONS:.........................................................................................................................................17
9)PROCEDURE FOR AMENDMENT:........................................................................................................18
10)FUNDAMENTAL RIGHTS:..................................................................................................................18
11)ACCOUNTABILITY WITH REFERENCE TO THE DIARCHY SYSTEM:......................................................18

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ABSTRACT:
The document is an attempt to discuss the difference between the two most important documents of
the constitutional development of Pakistan. Radically, Government of India Act of 1935 is a treated and
claimed to be a milestone on the history of the sub-continent rather for the independence of the
country prior to this act, the 1919 Act could not bring any significant changes in the centre. Though the
center had a diarchy, yet the powers of the legislative assembly were not extended. This system was
nothing else than problematic.

Under the 1935 lndian Act Sindh and Assam were established, the provinces were given autonomy to a
great extent. Rights of the minorities were protected diarchy was abolished. Subjects were allocated
between the center and the provinces. On the other hand, federal set up came into being as well.

On the other hand, in the constitution of 1973, the pioneers included all the articles in accordance with
the lslam and humanity. Radically, the 73’s constitution is a complete document that safeguards rights
federation on the other hand the provinces are independent and decide their wills in their relevant
assemblies. Secondly, all the minorities are vested equal rights. There is no impediments for the
minority regarding worship, expression and professions etc. it can be inferred that the 1973 constitution
carries the reflection of the lndian Act of 1935.

BACKGROUND:
Pakistan has had a vexed protected history since its very commencement as a country state. Protected
history begins since very back, which incorporates certain changes. By the Government of India Act,
1858, the administration of India was exchanged from East India Company to the British Crown. Later on
the Government of India Act, 1935, was instituted accordingly of developing interest for self-
government.

The British parliament authorized the Independence of India Act, 1947, which moved toward becoming
law on July 18, 1947, yet came into power on August 15, 1947. This Act was the base of formation of
Pakistan. It was about the managing of division or autonomy and its unified issues. States were at
freedom to pick either Pakistan or India, to live with.

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By the Government of India Act, 1935, matchless quality was exchanged to domains of Britain. It was
ensured that the two India and Pakistan would be at freedom to make constitution and law
independently. Lawmaking body of both would be super in their circle. It was finished progression of
British standard, which stopped control of Britain over the sub-continent.

INTRODUCTION:
Pakistan appeared as an autonomous State in August 1947 and kept on being represented under an
interval established game plan. Directly from the presence of Pakistan the Government of India Act
1935, was embraced with specific revisions until further notice and new constituent get together was
assigned to make new constitution for Pakistan. Pakistan acquired the Government of India Act of 1935
as its sacred model. It was a system planned by a frontier capacity to administer a province that
accommodated a solid focal government, an administration overwhelmed, official unanswerable to the
lawmaking body and exceptionally constrained portrayal with continuation of primitive control over
legislative issues.

INDIAN INDEPENDENCE ACT 1935

INTRODUCTION:
The government of India Act 1935 was very lengthy and complicated statute. That was partly due to the
fact that the act dealt with a highly complex type of federal constitution and also because it sought to
provide legal safeguards against misbehaviour on the part of the Indian Ministers and the legislators. It
was passed by the British Parliament in August 1935. It was the longest act enacted by the British
Parliament at that time because it contained 321 sections and 10 schedules. So, it was divided into two
separate acts namely, the Government of India Act 1935 and the Government of Burma Act 1935.

Government of India Act 1935 was a mixed reaction among the major Political parties after the failure of
the 3rdround table conference with the passage of time, their resentment and bitterness increased. In
such situation, major Indian parties demanded more participation in central Government. Consequently,
British Parliament has to pass Government of India Act in 1935. The bill was discussed in House of
Commons for 43 days and 13 days in the House of Lord and finally, after sign of King it was enforced.

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BACKGROUND:
The Government of India Act in 1935 was the culmination of nearly six years of legislative, administrative
and political work. This legislative act by the British government of India initiated significant changes in
the colonial administration of India and formed the future substructure of the constitutions of the newly
independent dominions of India and Pakistan in 1947. The Government of India Act of 1935 must be
contextualized by pointing out that the ebb and flow of Indian nationalist politics had during the
interwar years become a raging torrent. Against the backdrop of sustained tension, disillusionment, and
economic dislocations of the so-called 20-year truce, the Government of India Act of 1919 and
piecemeal British legislation in the 1920s failed to assuage Indian political demands. Indeed, the
extension of the communal electorate in 1919, and its further expansion in J. Ramsay MacDonald's
Communal Award in 1932, created seemingly unmanageable fissures in the India body politic. As early as
1927, the British government attempted to address growing contentiousness and disorder by sending
the Simon Commission in 1927 to India to assess the next step in constitutional development for the
colony. There were no Indian members of the commission, and it was met everywhere by cries of
"Simon, go back." In the wake of this debacle, the Indian National Congress and the Muslim League
proposed their own plans for constitutional movement, which simply highlighted the growing
divergence of the parties. In rapid succession, the Nehru Report of 1928 proposed essentially dominion
status for India within the British Empire, followed by a Congress resolution calling for complete
independence in 1929. Mohammad Ali Jinnah and the Muslim League responded immediately with their
Fourteen Points, rejecting the logic of Congress representation for all Indians, and the following year, as
Congress declared Independence Day on 26 th January 1930, Muhammad Iqbal, poet laureate of the
future Pakistan, raised the call for an independent Muslim state in northwestern India.

Britain moved ahead with a Third Round Table Conference at the end of 1932 and produced an almost
universally disdained White Paper in 1933, outlining the gist of what would become the Government of
India Act of 1935.

British administrators believed that any forward step in Indian constitutional development had, logically,
to include not just the key players in British India, but also representatives of the over five hundred
Indian princes whose territory comprised roughly one-third of the sub-continent outside direct British
rule. The cycle of noncooperation and civil disobedience movements, the persistence of communal
tensions, and British avoidance between suppression and reform as the solution to the "Indian problem"

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had to end. After three conferences and three years of white papers, drafts, and parliamentary
maneuvering, the India Act of 1935 was passed.

SOURCES OF GOVERNMENT INDIAN ACT 1935

Following are the documents considered as the sources of the aforesaid act:

 Simon Commission's Report

 3 round Table Conference
 White Paper on Constitutional Reform
 Reports of the Joint Select Committees

BASIC PURPOSE OF ACT

There were three basic purpose of the aforesaid act:

 Establishment of federation
 Provincial autonomy with parliamentary government
 Separation of Burma from India.

SALIENT FEATURES OF THE GOVERNMENT INDIAN ACT 1935

1)WRITTEN ACT
The said act was a written one comprising of 321 Sections 14 Parts and 10 Schedules and consisted of 2
Major Parts.

2)PROVINCIAL AUTONOMY:
The Govt of India Act 1935 introduced the Provincial autonomy. All the Ministers were responsible to
the legislature. It abolished dyarchy in provinces and introduced provincial autonomy in its place. The
provinces were allowed to act as autonomous units of administration in their defined spheres.

The Governor was the head of the executive. There was a Council of Ministers to advise him. The
ministers were responsible to the provincial legislatures who controlled them. The legislature could also
remove the ministers.

3)ALL-INDIA FEDERATION:
It provided for the establishment of All India Federation consisting of Provinces and princely states as
units. The constituent units of the Federation were 11 Governor's provinces, 6 Chief Commissioner's
provinces and all those states that agreed to joint it. The States were free to join or not to join the

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proposed Federation. However, this federation never materialized because of the lack of support from
the required number of princely states.

4)DIVISION OF POWERS:
As federation was introduced so there was division of powers between the centre and the provinces.
The distribution of powers was in three terms i.e. Federal List, Provincial List and Concurrent List.

5)BI-CAMERAL LEGISLARTURE:
The act depicted that a bicameral federal legislature would be established. Two houses were
established i.e. the Federal Assembly (lower house) and the Council of States (upper house).
The tenure of federal assembly was five years unless dissolved earlier by the Governor General.
6 out of 11 provinces were given bicameral system of legislature . 

6)FEDERAL COURT ESTABLISHED:

The India Act 1935 also provided for the establishment of a Federal Court to adjudicate inter-states
disputes and matters concerning the interpretation of the constitution. It was however, not the final
court of appeal. It was having one Chief Justice and not more than six judges which was set up in 1937.

7)SAFEGUARD OF MINORITIES:
A very significant provision was the safeguards and protective armours for the minorities. It was argued
that the minorities needed protection from the dominance of the majority community. But the
nationalists knew that the so-called provisions in the Act relating to safeguards were merely a trick to
empower the Governor General and the Governors to override the ministers and the legislators.

8)METHOD OF ELECTION:
Method of direct elections was introduced one third Muslim representation in central legislature. One-
third Muslim representation in central legislature was guaranteed.

9)POWER OF BRITISH PARLIAMENT

The supremacy/power of the British Parliament remained intact under the government Act of India
1935. No Indian legislature whether federal or provincial was authorized to modify or amend the
constitution. The British Parliament alone was given the authority to amend it

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10)REORGANIZATION OF PROVINCES
The Act depicted the partial reorganization of provinces included separation of Sindh from Bombay,
splitting Bihar and Orissa into separation of Burma from India, detachment of Aden from India and
establishing as a separate colony.

11)FRANCHISE
Under the Act of 1935 the franchise was increased, ten percent of the population got right of voting.

12)DIARCHY AT CENTRE:
The said Act provided for the adoption of dyarchy at the Centre. Consequently, the federal subjects
were divided into reserved subjects and transferred subjects.

13)SEPARATION OF BURMA AND ADDEN:

After the commencement of The Independence Act 1935, Burma and Adden were separated from India.

CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN 1973

BACKGROUND OF THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF
PAKISTAN 1973
A Constitution could not be made in a day. The constitution of Pakistan 1973 was enforced on 14 th Aug
1973. It consists of 280 articles and 7 schedules with Objective Resolution forming the preamble of the
constitution beside 20 amendments which have been made since then. It is regarded as the landmark
accomplishment of Bhutto’s era as it was a unanimous act of the parliament with complete consensus of
all the political parties. However, many twists and turns have been witnessed ever since its enforcement
but still it is the supreme law of land and the sacrosanct instrument which reigns supreme in governance
of the state.

After the fall of East Pakistan on December 16,1971, General Mohammad Yahya khan transferred power
to Pakistan Peoples Party Chairman, Mr. Zulfiqar Ali Bhutto, who became the president and the Chief
Martial Law Administrator. On April 7, 1972, the National Assembly formed a committee to draft a
permanent constitution for the country. The assembly met on April 14 to pass an interim constitution
Billiard Adjourned, thereafter Martial Law was lifted on April 21, 1972. The constitutional Bill was first
moved in the Assembly on February 2,1973. The oppositions parties had a lot of reservations on the
draft constitution, they decided to boycott the Assembly session. The government was inclined to

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accommodate the opposition. After long deliberations an agreement was arrived at and the bill was
adopted almost unanimously, 135 voted in favour and only three abstained. On April 12,1973, the
President ratified the bill. The constitution was promulgated on August 14,1973. Mr. Zulfiqar Ali Bhutto,
who had ratified the bill as the president, was elected Prime Minister by the National Assembly on
August 12,1973.

Shaheed Zulfiqar Ali Bhutto’s first achievement after coming into power was the preparation of a
Constitution for the country. The most prominent characteristic of this Constitution was that it
accommodated proposals from the opposition parties and hence almost all the major political parties of
the country accepted it.

The Constitution of 1973 remained in force for nearly four years. It was, however, suspended by General
Muhammad Zia-ul-Haq, who imposed Martial Law in the country on July 5, 1979. However, General
Muhammad Zia-ul-Haq who ran the country with Martial Law passed the Eighth Amendment in the
Constitution in 1985. This Amendment empowered the President to dissolve the National Assembly
under Article 58(2) b. This Article was later repealed by the Parliament during Nawaz Sharif's era
through Thirteenth Amendment introduced on April 1, 1997. The Thirteenth Amendment was in turn
repealed by the Legal Framework Order of 2002, which effectively restored the discretionary powers of
the President enacted by the Eighth Amendment.

Sources of Constitution of Pakistan 1973

The sources of constitution of Pakistan 1973 are as follows;

o Act of 1935
o Objective resolution
o Constitution of 1956
o Interim constitution of 1972

SALIENT FEATURES OF THE 1973 CONSTITUTION

1)PREAMBLE:
Preamble means an introductory part of statue, it tells the framework for the purpose of which
constitution/document/statue is laid down. It is stated in it that sovereignty over the entire
universe belongs to Almighty Allah only and the authority bestowed by him on men is a sacred

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trust which the people of Pakistan will exercise with the limits prescribed by Quran and Sunnah.
The power of the state is to be exercised by the people, who will be going to serve as the
representatives of the citizens. This state or clarifies that there will be purely democracy.

Moreover, the principles of the Islam pertaining to democracy, freedom, equality, tolerance
and social justice shall be observed or practiced. There shall be freedom to the citizens to live
their lives according to the teachings of Quran and Sunnah. On the other hand, the minorities
shall also be given the privileges to practice their religion in their own way.

2)OBJECTIVE RESOLUTION:
Prime Minister Liaquat Ali Khan presented a historic resolution on 12 th March 1949 in the assembly. The
resolution laid down the basic principles for making of the future constitution of Pakistan. Federal
legislature approved it. It is generally called as Objective Resolution. It defined the objectives, which
could be helpful in clarifying the format of the future constitution. Now, it is the substantive part of the
constitution and included in the preamble.

The following are the main points of the objective resolution:

a)OPENING OF THE RESOLUTION:

The resolution starts with the ‫سم هللا الرحمن الرحيم‬

That means the resolution opens or begins with the words ‘In the Name of Almighty Allah’

b)SOVEREIGNITY OF ALLAH:
the objective resolution categorically states that sovereignty all over the universe belongs to Allah.
Power is to be exercised by the people within the limits prescribed by the elected representatives of the
people.

c)OBSERVANCE OF ISLAMIC VALUES:

It laid down that in Pakistan Islamic values like democracy, equality, fraternity, freedom of expression,
tolerance and social justice would be exercised.

d)ISLAMIC WAY OF LIFE:

It is affirmed that an adequate environment would be provided to enable the Muslims to lead their
individual and collective lives according to the teachings of Islam.

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e)SECUIRTY OF MINORITIES:
All the minorities living in Pakistan shall be fully free to lead their lives according to principles of their
religions and beliefs.

f)PROTECTION OF FUNDAMENTAL RIGHTS:

All the citizens of Pakistan will be guaranteed fundamental rights without making any kind of
discrimination on any basis.

g)FEDERAL FORM OF GOVERNMENT:

It was mentioned that Pakistan shall have a federal democratic structure and its system shall be
administered through the elected representatives of the people. Federation is, where there is division of
powers between the center and the provincial autonomous units.

h)DEVELOPMENT OF BACKWARD AREAS:

It was stressed that maximum efforts shall be made for the development of backward and remote areas
to bring them on the level of developed areas.

i)INDEPENDENCE OF JUDICIARY:
It was affirmed that the judiciary shall be independent and free from all external and internal pressures
and would work independently.

Thus, objective resolution laid down the basis of constitution and it was incorporated in all the
constitutions made in Pakistan as preamble. It was made part of constitution 1973 by making an
amendment in 1985.

3)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 have declared such laws to be
unconstitutional. The constitution guarantees the following fundamental rights:

 Security of person and property

 Safeguard against slavery and forced labor
 Freedom of Movement
 Freedom of Speech
 Freedom of Peaceful assembly

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  Freedom to hold property
 Freedom to earn livelihood
 Equality before law
 Freedom to profess religion
 Protection of language and culture

4)PRINCIPLES OF POLICY:
One of the democratic features 1973 is embodiment of directive principles of policy of the state. These
principles are discussed in the chapter 2 of the constitution. The principles of policy provide guidance to
the state. But these principles depend upon the availability of resources. Following are the principles of
policy stated in the constitution:

 Local Bodies will be set up for solving local problems.

 The parochial prejudices will be discouraged.
 The women shall be given equal representation in all spheres of life.
 The rights of minorities will be protected.
 Links with Muslim countries will be promoted.
 People from all parts of the country allowed to serve in Armed Forces.
 State shall promote social justice

5)FEDERATION:
It is the governance system in which there is division of legislative powers between the center and the
provincial units, the constitution declares Pakistan as a federation. Islamabad as the center and Sindh,
KPK, Punjab and Balochistan as the provinces. The constitution also states that if there would be any
conflict between the center and the provincial laws so the preference is to be given to the center. Thus,
constitution introduced a federal system in the country. According to this system, the country consisted
of federal government and four provinces. President is the Head of the State.

6)BICAMERALISM/ TWO CHAMBERS OF PARLIAMENT:

Unlike the constitution of 1956 and 1962, this constitution set up a bicameral legislature comprising of a
National Assembly (Majlis-e-Shoora) and a Senate (ARTICLE 50). The tenure of the National Assembly is
five years. The Senators are elected for the term of 6 years. Half of the members of Senate retire after
every three 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.

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7)NATURE OF THE CONSTITUTION:
The Constitution of Pakistan 1973 is written and lengthy document, it comprises of 303 articles, 5
articles, 5 schedules and 1 annexure. The constitution is also rigid in nature because amendment
procedure is not easy.  No Government can change it at will. It is not easy to make amendments in it.
This constitution provides that 2/3 majority of votes of members National Assembly and Senate, and
assent of President of Pakistan are necessary for its amendment. 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.

Thus, Article-239 provides a very rigid procedure of amending the constitution. A bill to amend the
constitution must be passed by both the houses of Parliament separately by 2/3 rd majority vote. After
that the bill is to be submitted to the President for his assent. If the President signs the bill, the
constitution will be amended accordingly.

8)PARLIAMENTARY FORM OF GOVERNMENT:

Parliamentary form of government has been provided for the government in the constitution. Unlike
the Constitution of 1962, the Constitution of 1973 introduced a parliamentary system of Government in
the country. Prime Minister is the Head of the government. He is the leader of the majority party in the
parliament. He runs the affairs of the country with the help of a cabinet. The members of his cabinet are
elected by the ministers of parliament. Prime Ministers enjoy wide powers.

POWERS OF PRESIDENT UNDER PARLIAMENTARY SYSTEM:

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 represents the unity of the
republic. 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 bills passed by Parliament must be assented to by him. He can summon and prorogue
either house of the Parliament. He can also dissolve the National Assembly on the advice of the Prime
Minister and can issue ordinances.

9)DIRECET ELECTION:
Contrary to the 1962 Constitution, the 1973 Constitution stipulates a direct system of election. The
elections of the National and all Provincial Assemblies shall be held directly on the basis of universal
adult franchise. All citizens of Pakistan who have attained to the age of 21 shall have a right to vote.

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10)RULE OF LAW:
The rule of law includes two things, firstly, where there is only single law prevailing in the country.
Secondly, everyone is equal before the law that means nobody shall be superior on the basis of the
social status of any person. Thus, the constitution of Pakistan 1973 provides rule of law in the country.
According to rule of law no person can be deprived of his fundamental rights. All the citizens
of Pakistan are equal before law.

11)SINGLE CITIZENSHIP:
The constitution of Pakistan 1973 provides single citizenship. According to this provision, the duties and
rights of the citizens are determined by the federal constitution only. Thus, throughout the country the
people are the citizens of Pakistan only.

12)NATIONAL AND OFFICIAL LANGUAGE:

The constitution of Pakistan 1973 provides that urdu shall be the National Language of the country, on
the other hand, after 15 years, it will also be the official language. Whereas, English will continue as
official language during the interim period.

In accordance with Article 251 of the present constitution Urdu has been declared as National Language
of Pakistan.

13)REFERRENDUM:
The constitution of Pakistan 1973 authorizes the president to order for holding a referendum on any
issue of national importance. However, Prime Minister can also ask the President to hold referendum on
any national issue.

14)HIGH TREASON:
High treason means the committing of a crime that seriously threatens the safety of country or
attempting to help an enemy take control of country.

The constitution declares that any unlawful abolishment of the constitution of Pakistan would be

considered as high treason also abrogation of constitution through unconstitutional means is high
treason.

15)ISLAMIC PROVISIONS:
Considering the previous experience, the Constitution of 1973 was more Islamic in character than the
previous ones. Emphasis was made to establish a real Islamic system in all aspects of social life. Keeping

14
this objective in mind, more Islamic provisions were laid down in the Constitution of 1973, which are as
follows:

a)NAME OF THE COUNTRY:

Like the two defunct constitutions (1956 & 1962), under the present constitution the country was
named as “The Islamic Republic Of Pakistan”

b)OFFICIAL/STATE RELIGION:
Under the constitution 1973, Islam was declared as the official religion of Pakistan. Thus, the
constitution affirms that Islam shall be the official religion of the country.

c)DEFINITION OF MUSLIM:
For the first time in the constitutional history of Pakistan, the constitution of Pakistan 1973 laid down
the definition of Muslim, which states that

“A person who believes in Tauheed or Oneness of Allah,and in the prophet hood of Hazrat
Mohammad (P.B.U.H) as the last prophet of Allah is known to be a Muslim”

Thus in the definition cited above the word MUSLIM was clearly and precisely defined by which all those
were excluded who did not believe in the finality of Prophet (PBUH).

d)PRESIDENT AND PRIME MINISTER:

The constitution declared that only a Muslim believing in the unity of Allah and finality of Prophet PBUH,
shall qualify to hold the office of president and Prime Minister.

e)NO LAW SHALL BE REPUNGANT TO QURAN AND SUNNAH:

It has been clearly stipulated that all existing shall be brought in conformity with the injunctions of Islam
as laid down in the Holy Quran and Sunnah. No law shall be enacted/enforced which is contrary to such
conjunctions.

f)COUNCIL OF ISLAMIC IDEOLOGY :

A council of Islamic Ideology was provided which was to be constituted within a period of ninety days.
This council was to make recommendations to the Parliament and the Provincial Assemblies as to the
ways and means of enabling the Muslims of Pakistan to order their lives, whether individually or
collectively in accordance with the principles of Islam.

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g)PRINCIPLES OF STATE POLICY:
The principles of state policy provided that “The state shall endeavor to promote unity and the
observance of the Islamic moral standards and to secure the proper organization of zakat, auqaf and
mosques ”

h)ERADICATION OF SOCIAL EVILS:

It was also provided state shall prevent prostitution, gambling, usury, taking of injurious drugs, printing,
publication, circulation and display of obscene literature and advertisements.

i)FRATERNAL RELATIONS:
Principles of policy further visualize that the state shall endeavors to preserve and strengthen fraternal
relations among Muslim countries based on Islamic Unity.

j)ISLAMIC IDEOLOGY:
The Prime Minister by virtue of his oath (as stated in Article 91, and third schedule) is duty bound to
preserve the Islamic Ideology, which according to the constitution is the basis for the creation of
Pakistan.

k)ERROR FREE PUBLICATION OF QURAN:

The government shall take necessary steps to secure the publication of Quran, there must not be any
error in publication.

l)OATH TO PROJECT AND PROMOTE ISLAMIC IDEOLOGY:

The federal and Provincial Ministers, the Speaker and Deputy Speaker of the National and Provincial
Assemblies, the chairman of the Senate and the Governors and Chief Ministers of the Provinces also
take oath to preserve and protect the Islamic Ideology.

m)STRENGTHENING BOND OF MUSLIM WORLD:

The state shall endeavor to strengthen fraternal relations among Muslim countries in order to promote
Islamic unity. When the bond will be strengthened so the Islamic unity will be promoted.

COMPARATIVE ANALYSIS OF INDEPENDENCE ACT 1935 AND

CONSTITUTION OF PAKISTAN 1973:
From the above discussion of salient features following comparison points are deduced:

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1)NATURE:
As a matter of first importance contrast that can be seen lies for the sake of both the archives. One is
the Act which was passed by the British Parliament while the other is a Constitution.

A bill which has been gone through the different administrative advances required for it through an
aggressive lawmaking body and which eventually progresses toward becoming law is called an Act while
the essential, principal law of a state which sets out how that state will be sorted out and the forces and
experts of government between various political units and residents is a constitution. In this way it very
well may be said that all constitutions are laws, yet not all laws are constitutions.

2)SUBSTANCE:
The amount of substance of both the reports additionally contrasts. The Government of India Act 1935
contains 321 articles, 14 sections and 2 parts while the 1973 Constitution contains 280 articles, 12
sections and 7 plans.

3)SOVEREIGNITY/AUTHORITY
Being an Act of British Parliament the Government of India Act 1935 held British authority. Actually, the
1973 Constitution in its Objective Resolution (a substantive part as introduction) obviously expresses
that the Sovereignty over the whole Universe has a place with Almighty Allah alone and the specialist
gave by him on men is a holy trust which the general population of Pakistan will practice with the
breaking points endorsed by Quran and Sunnah.

4)PREAMBLE:
The introductory part of a statute or deed, stating its purpose, aims and justification. Objective
resolution was added as a preamble in the Constitution of Pakistan 1973 whereas, The Government of
India Act 1935lacked this feature.

5)GOVERNMENT:
The 1973 Constitution gives a parliamentary federal government where the Prime Minister alongside his
cabinet is responsible to the assembly and can be evacuated at the vote of no confidence. In spite of the
fact that The Government of India Act 1935 pronounced itself as federation in the sub-continent
however it was ostensible as the Governor General had tremendous powers and supplanted all the
legislative, judicial and executive powers.

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6)STATE RELIGION:
The Sub-continent was a blend of various religions therefore, The Government of India Act 1935 did not
declare any religion. However, The Constitution of Pakistan 1973 declares Islam as the state religion. It
was for the first time in constitutional history of Pakistan that a constitution declares the religion of the
state.

7)LANGUAGE:
The Constitution of Pakistan 1973 gives Urdu as its national language and English as its official language
while the Government of India Act 1935 gives no such official or national language.

8)ELECTIONS:
Both the documents introduced the bicameral legislature; however, elections were difference. Under
the Government India Act 1935, the council of state or the upper house was directly elected and the
central legislative assembly (lower house) was indirectly elected. In contrast, The Constitution of
Pakistan 1973 provides direct election for its lower house, the National Assembly and indirect elections
for Senate (upper house).

9)PROCEDURE FOR AMENDMENT:

The Constitution of Pakistan 1973 provides for an amendment procedure; thus, any amendment needs
votes of two-third majority by both the houses. Whereas, it was a downside of The Government of India
Act 1935 that there was no such procedure provided for the amendment and right the right to
amendment was not given to the legislature instead it was in the hands of Governor General.

10)FUNDAMENTAL RIGHTS:
Fundamental rights are the rights or privilege, or protection provided to the citizens against the state or
head of government. So, this protection/privilege was not given to the citizens under the Government of
India Act 1935 but were incorporated into The Constitution of Pakistan 1973.

11)ACCOUNTABILITY WITH REFERENCE TO THE DIARCHY SYSTEM:

The Government of India Act 1935 presented Diarchy system at the centre. The Diarchy system
comprised of two groups of government official/ federal executive; one which was
responsible/accountable to the Central Legislature Assembly and the other was responsible/accountable

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to Governor General legitimately. There is no such idea of Diarchy in the 1973 Constitution, the
executive is wholly and solely responsible/accountable to the Parliament.

CONCLUSION:
Both the documents are the reflection of each other, both have vested powers the center. On the other
hand, minorities have equal rights. There is no Impediment regarding the right of worship, expression
and profession. Both documents are neutral and give equal rights to the citizens. Both of the documents
are a milestone in the history of the sub-continent. In the 73’s constitution the powers of the legislature
are extended and it in fact a complete document that brings all the perspective of citizens and the state
in spotlight. It fulfills all the pre-requisite of the constitutional perspective.

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