Name : Ahsan Haider

Roll # : 1822-BS-BAF-21
Subject : Pakistan Studies (PST-1101)

Assignment Topic : 1973 Constitution of Pakistan

Submitted to : Sir Sanwal Hussain Kharl
Date : 19-06-2021
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Constitution of Pakistan (1973)

 Origin and history :

As a result of mass movement against Ayub Khan, he resigned form presidentship On March
25 , 1969 , General Muhammad Yahya Khan abrogated the Constitution of 1962 and
proclaimed Martial Law in the country. He held general elections in December 1970. In these
elections Sheikh Mujeeb-ur-Rehman and Zulfiqar Ali Bhutto emerged as majority leaders in
the East and West Pakistan respectively. Unfortunately, none of them agreed on transfer of
Power, which provided opportunity to India to interfere, resulting in the separation of East
Pakistan that became Bangladesh on December 16, 1971.
The Military Regime transferred the power to Zulfiqar All Bhutto on Decembr 20, 1971, who
imposed interim Constitution in the country on April 12, 1972. Then a draft of permanent
Constitution was presented before the Assembly and it was approved in April 1973. The
same was enforced on August 14, 1973.
 In spite of 1956 and 1962 articles, a few thoughts in the Constitution were new, and ensured
security to every resident of Pakistan. Initial segment of the Constitution presented the
meaning of State, the possibility of life, freedom and property, individual uniformity,
restriction of subjugation, protection of dialects, right to reasonable preliminary, and gave
shield as to capture and confinement just as giving shields against segregation in
administrations.

 Islamic Introduction :

All the Islamic provisions of the previous Constitutions were included in the Constitution of
1973.Some more Islamic provisions were also added, some of them are as under :
 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 organizations of Zakat, and mosques is ensured.
 Prevent prostitution, gambling and consumption of alcohol, printing, publication,
circulation, pornography, and display of obscene literature and advertisements.
 The Ruler of the country must be a Muslim.

 Independence of Judiciary in 1973 Constitution:

Mandate Principles of State Policy set out the essential destinations and tentative arrangement of
activity of the political framework. All the public authority offices take direction from these
standards. Be that as it may, their acknowledgment relies on the accessibility of assets,
responsibility of the leaders and the contemporary climate. Henceforth their infringement isn't an
offense or illicit activity. The majority of the Islamic arrangements of the constitution are
essential for the order standards of the state strategy particularly those managing the
implementation of financial equity.
  Federal Constitution :

The Constitution of 1973 is Federal Constitution. It establishes a central government and the
governments of the federating units, namely, the province of Punjab, Sindh, Khyber
Pakhtunkhwa and Baluchistan.

 Parliamentary Form :

The 1973 constitution sets up a parliamentary type of government. The Prime Minister and the
bureau priests have a place with Parliament and are capable to it for their lead and approaches.
They stay in office inasmuch as they partake in the certainty of the greater part individuals. The
Parliament can pass a demonstration of general disapproval against them. The President is the
head of State and the Prime Minister is the head of Government. The President needs to follow
up on the counsel of Prime Minister.

 Position of the President :

The President is the CEO top of the state. He is helped by the Prime Minister and his bureau
priests for running the administrative hardware easily. He addresses the solidarity of the republic.
He is picked for a period 5 years by individuals from Parliament and every one of the common
congregations. All the leader authority is vested in him. He delegates every one of the highest
level military and common authorities of the state. Every one of the bills passed by Parliament
should be consented to by him. He can call and prorogue either place of the Parliament. He can
likewise disintegrate the National Assembly on the exhortation of the Prime Minister and can
give statutes. He has an incredible say in the international strategy of the country.

 Fundamental Rights :

The 1973 Constitution guarantees fundamental rights to the citizens of Pakistan. Some of these
areas under:
 Equality of all citizens before the law.
 Security of persons and of their properties and other belongings.
 Right to acquire, hold or dispose of the property in any part of Pakistan.
 Freedom of speech
  Freedom of expression
 Freedom of association
 Religious Freedom
 Right to adopt any lawful profession.

 Flexibility :

The Constitution is neither too rigid like the American Constitution nor too flexible like the
British Constitution. It can he amended if 2/3 majority of the total strength of the National
Assembly approves an amendment in it and when the same is absented to by the Senate with
majority of its total strength.

 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.

 Conclusions :

It is concluded that The National Assembly approved the 1973 Constitution of Pakistan on April
10, 1973, and proclaimed it on August 14, 1973. Some salient features of the 1973 Constitution
of Pakistan are – written, federal, parliamentary, bicameral, and rigid, etc.

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