ASSIGNMENT

Submitted By:
Aisha Mubashar 201350047
Izza Zulfiqar 201350051
Ans Jahangir 201350050
Saad Asif 201350030

Supervisor Name:
Sir Muhammad Usman Ali

Section:
D

SS-126D- Pakistan Studies

 The Constitution of Pakistan 1973

Background:
After the independence, Government of India Act 1935 was considered a
temporary constitution until a new constitution was made. On 12th March,1949, an
Objective Resolution was presented by First Prime Minister of Pakistan, Liaqat
Ali Khan. In this resolution, the basic principles were made to run the country.
Thereafter, Chaudhry Muhammad Ali become the Prime Minister of
Pakistan on the election of Second Constituent Assembly which was held on 23rd
June,1955. Chaudhry Muhammad Ali started to work for the constitution making
as soon as he took up the charge. On 23rd January,1956, a draft of Constitution was
presented on Constituent Assembly which was passed on 29th February 1956. The
Constitution of 1956 failed poorly mainly because of the lack of leadership and
weak, non-effective role of political parties. It was to be said that no sincere leader
emerged after the death of Quaid-e-Azam also in the span of two years, from
September 1956 to October 1958, four prime minsters were changed.
All these political disasters laid General Ayyub Khan in abrogating
the Constitution of 1956 and proclaiming Martial Law on 7th October,1958.
General Ayyub Khan constituted a Constitution Commission and the new
constitution was enforced on 8th June,1962. The results of General Elections of
1965, after-war effects of Indo-Pak war, the demands of Muji-ur-Rehman and
many other issues lead a mass-movement against Ayyub Khan. As a result, on 25th
March,1969, Ayyub Khan resigned from presidentship.
General Yahya Khan took over the country and abrogated the
Constitution of 1962 and proclaimed Martial Law on 26th March,1969. After that,
General Yahya Khan held elections in December 1970. In both East and West
Pakistan, only Sheikh-Mujib-ur-Rehman and Zulfiqar Ali Bhutto surfaced as a
major leader respectively. Unluckily, none of them agreed on transfer of power
which provided India an ample opportunity to interfere resulting in the separation
of West Pakistan from East Pakistan. East Pakistan then become Bangladesh on
16th December 1971. The Military Regime transferred the power to Zulfiqar Ali
Bhutto on 20th December,1971. On 12th April 1972, an interim constitution was
approved by national assembly.
Constitution Making:
On 17th April, 1972, a committee was constituted by National Assembly to prepare
a draft constitution. The committee work hard and prepared the draft of the
constitution which was presented to all parliamentary leaders on 20th October 1972.
All the leaders signed the draft. After many discussion and debates on 10th April,
1973 National Assembly gave its approval. On 12th April 1973, The President gave
his assent. Finally, the Senate approved the constitution in August 1973.
Consequently, the constitution was enforced in the country on 14th August, 1973.
According to the Constitution of 1973, Mr. Zulfiqar Ali Bhutto took over as the
tenth Prime Minister and Mr. Fazl-e-Elahi was sworn in as the President of
Pakistan.

Features of Constitution 1973:

The Constitution of 1973 is conspicuously different from the precursory
Constitution of 1956 and 1962. In addition to some new Islamic provisions, all the
Islamic provision from previous constitutions are included. Following are some of
the features of Constitution 1973:

1. Preamble:
As in Constitution of 1956 and 1962, the Objective Resolution has been also
included in the preamble of Constitution of 1973. According to this
preamble, sovereignty belongs to Allah Almighty alone.
As in Quran’s verse:
“To Him (Allah) belongs the sovereignty of heavens and earth.” 
And the authority given to the people of Pakistan are limited as a scared trust
of Allah. It on one hand represent part of Allah’s sovereignty to the people
of Pakistan and on the hand, it checks and circumferences it. This was made
a regular part of constitution 1973 through an amendment in constitution in
1985.

2. Written Constitution:
Similar to prior Constitution of 1956 and 1962, this constitution of 1973 is a
written and comprehensive document which includes a preamble, 280
Articles, 12 parts and 6 Schedules.
3. Federal Constitution:
The Constitution 1973 established the country's federal structure. Pakistan's
federation consists of four provinces, Federal Capital, adjoining tribal areas
and a central government.
The Four Provinces include:
 Sindh
 Punjab
 N.W.F.P
 Baluchistan
Federal Capital of Pakistan is Islamabad.
The adjoining tribal areas includes:
 FATA (Federally Administered Tribal Areas)
 PATA (Provincially Administered Tribal Areas)
The Federal Government is led by a President elected by Majlis-e-Shoora
members (Parliament).

4. Parliamentary Constitution:
The Constitution provides a Parliamentary System of government. President
will be the Head of the country and is elected by the Parliament and
Provincial Assemblies. Prime Minister is the head of the parliamentary
system of the government. He is also the leader of Majlis-e-Shoora. He is
elected by the majority of National Assembly. The Prime Minister selects a
cabinet of central ministers from the members of Parliament which conducts
the affairs of the country. The National and Provincial assemblies are kept
accountable to both the Prime Minister and the Chief Minister. As they
command assembly trust, they remain in office. They could have been
withdrawn by the Assemblies by a No-Confidence vote.

5. Bicameral Legislature:
In Pakistan, the constitution provides the establishment of Bicameral
Legislature. The Majlis-e-Shoora (Parliament) will consists of two houses.
 Upper House (Senate)
 Lower House (National Assembly)
The Upper House (Senate) is a permanent house and is elected by the
Provincial Assemblies on the basis of proportional representation. It consists
of 104 members and its tenure is of six years. The National Assembly is
directly elected by local public for the tenure of five years and is consist of
342 members. The total number of members of Majlis-e-Shoora
(Parliament) is 446 members.

6. Independence of Judiciary:
The Constitution of 1973 underlines the development of an autonomous
judiciary. The President appoints the judges. Except upon the advice of the
Supreme Judicial Council, they could not be withdrawn from service until
the completion of their term of office; this is to ensure the independence of
judiciary. In addition, respectable wages are paid to the judges and full job
protections are provided. Without any fear and strain, judges will conduct
their duties.

7. Semi-Rigid Constitution:
It is a constitution that is semi-rigid. It cannot be changed at will by any
government. The method of amendment is neither too complicated nor too
simple. An amendment to the constitution includes a two-thirds vote of the
Parliament (National Assembly and Senate).

8. Constitutional Institution:
The Constitution of 1973 founded several institutions, such as Pakistan
Election Commission, National Finance Commission, National Economic
Council, Council for Common Interests etc. Such bodies act within their
boundaries and prefer the national interest.

9. Rule of Law:
The 1973 Constitution sets down the rule of law in Pakistan. No man can be
deprived of his fundamental rights under the rule of law. All the people of
Pakistan are equal before the law. There will be an equal implementation of
law regardless of their status, class or ethnicity.

10. National Language:

The 1973 Constitution proclaimed Urdu to be national language of Pakistan.
Also, full support has been granted to regional languages. Arrangements was
made over a period of 15 years to enforce the status of Urdu as the official
language. English was used as the official language throughout this time.
11. Method of Election:
A direct method of election is given in the Constitution of 1973. For
National as well as Provincial legislatures, the constitution adopted direct
election methods that they should be elected directly by the people or
common citizen.

12. High Treason:

According to Constitution of 1973, if any person abrogates or attempts to
abrogate the constitution, he will be charged with high treason and punished
accordingly.

13. Referendum:
The 1973 Constitution granted the President the right to hold a referendum
on any national issue. The Prime Minister should even ask the President to
hold a referendum on any significant national question.

14. Fundamental Rights:

The Constitution of 1973 gave numerous of fundamental rights to the people
of Pakistan. Article 8-24 briefly explain the fundamental rights given to the
citizen. They include the right to life, land, profession, freedom of thought
and speech, freedom of association, faith, citizenship equality, etc. In the
event of a breach, the individual concerned can go to the courts to seek
redress for his complaints. Any law that negates any fundamental rights
cannot be made by Parliament and Provincial Assemblies.

15. Pakistan as a welfare state:

The constitution expresses a welfare state's spirit. It provides for the
elimination of illiteracy, the promotion of the educational and economic
interests of backward classes and areas and the provision of human
conditions for work, the elimination of prostitution, gambling and
consumption of alcoholic liquor and the well-being of people, regardless of
their caste, gender, ethnicity, by raising their standard of living. People who
are momentarily or permanently unable to earn their livelihood will be
provided with basic necessities of life, such as food, clothes, education and
medical assistance.
16. Islamic Provisions:
The Constitution of 1973 also includes Islamic Provisions as prior to earlier
Constitution of 1956 and 1962. Some of the Islamic provisions are as
follows:
 Religion: Islam has been declared as an official state religion of
Pakistan.

 Name of Country: The official name of the state is ISLAMIC

REPUBLIC OF PAKISTAN.

 President and Prime Minister: It has been declared essential for the
Prime Minister and President to be Muslims.

 Definition of Muslim: For the first time, a definition of Muslim is

included in a Constitution and it is:
“A person who does Believes in Allah Oneness, the Finality of
Prophethood Muhammad (P.B.U.H), the Day of Judgement and the
Books of Allah, is a Muslim.”

 Islamic Law: All present laws will be brought into line with Islamic
values, and no rule will be implemented, which is repugnant to
Islamic teaching.

 Islamic Ideology Council: An Islamic Ideology Council will be

established, to make the laws in accordance with the teaching of Islam
and bring the existing laws into the conformity with Islam.

 Islamic Values and Societies: The main objective of the Constitution

is to build Islamic values such as equality, liberty, democracy, equity
etc. Also, such societies will be made in which one individual or a
group of collectives will practice their life in accordance with the
Islam.

 Compulsory Islamic teaching: The teaching of Quran and Islamic

studies will be made compulsory in schools and colleges.

 Zakat and Usher: A new council Zakat and Usher will be made to
enforce Zakat and Usher in the country.
References:
12TH class Pakistan Studies Book (Punjab Text Book)
10TH class Pakistan Studies Book (Punjab Text Book)
www.cssforum.com.pk

-------------------------------------------