Assignment no 3

Constitution of
Pakistan (1973)
Student Name: Maizza Rehmani
Roll N0: 08
Subject Name: Pak Studies And Global Perspective
Instructor: Miss Tehseen

(BS-PSYCOLOGY 1st SEMESTER)

What is Constitution?

A constitution is the rule book for a state. It sets out the fundamental principles by which
the state is governed. It describes the main institutions of the state, and defines the
relationship between these institutions (for example, between the executive, legislature and
judiciary).

Why do we need Constitution?

We need a constitution for the following reasons:

 A Constitution has written laws accepted by people living together in a country.

 It generates trust and coordination between the government and the citizens. It
specifies the type of government for a country and how it should function.

Constitution of Pakistan 1973

The Constitution of Pakistan ( ‫)آئین پاکستان‬, also known as the 1973 Constitution, is the
supreme law of Pakistan.Drafted by the government of Zulfikar Ali Bhutto, with additional
assistance from the country's opposition parties, it was approved by the Parliament on 10
April and ratified on 14 August 1973.The Constitution is intended to guide Pakistan's law,
political culture, and system. It sets out the state's outline, the fundamental rights of the
population, the state's law and orders, and also the structure and establishment of the
institutions and the armed forces.The first three chapters establish the rules, mandate, and
separate powers of the three branches of the government: a bicameral legislature; an
executive branch governed by the Prime Minister as chief executive; and an apex federal
judiciary headed by Supreme Court.The Constitution designates the President of Pakistan as a
ceremonial Head of State who is to represent the unity of the state. The first six articles of the
constitution outline the political system as federal parliamentary republic system; as well as
Islam as its state religion. The Constitution also encapsulates provisions stipulating the legal
system's compliance with Islamic injunctions contained in the Quran and Sunnah.

The Parliament cannot make any laws which may be repugnant or contrary to the
Constitution, however the Constitution itself may be amended by a two-thirds majority in
both the houses of the bicameral Parliament, unlike the previous legal documents of 1956 and
1962. It has been amended over time, and most recent impulses for political upgrades and
reforms has been amended. Although enforced in 1973, Pakistan, however, celebrates the
adoption of the constitution on 23 March—when the first set was promulgated in 1956—each
and every year as Republic Day. Technically there are 26 amendments but 23 amendments
were made in constitution and three were not passed by the parliament as the three
amendments collapsed..
 Origins and historical background

In a radio talk addressed to the people of Pakistan, broadcast in February 1948, Jinnah
expressed his views regarding Pakistan's constitution-to-be in the following way:
The Constitution of Pakistan is yet to be framed by the Pakistan Constituent Assembly, I do
not know what the ultimate shape of the constitution is going to be, but I am sure that it will
be of a democratic type, embodying the essential principles of Islam. Today these are as
applicable in actual life as these were 1300 years ago. Islam and its idealism have taught us
democracy. It has taught equality of man, justice and fair play to everybody. We are the
inheritors of these glorious traditions and are fully alive to our responsibilities and obligations
as framers of the future constitution of Pakistan.
Pakistan was founded in 1947 as a Dominion (an independent realm or kingdom) within the
British Commonwealth. The same was true in independent India. During its first few years of
existence the British monarch was also Pakistan's head of state, as is still the case in Canada,
Australia etc. Before writing a constitution, a Constituent Assembly passed the Objectives
Resolution, on the insistence of the ulama and Jamaat-e-Islami, in March 1949 to define the
basic directive principles of the new state and to declare state recognition of the sovereignty
of Allah over the universe. The Objectives Resolution affirmed the role of democracy and
contained religious provisions to enable society to adhere to the teachings of the Quran and
Sunnah. The Objectives Resolution has henceforth been inserted as a preamble into each of
Pakistan's subsequent constitutions.
The country became a republic when its first constitution was approved in 1956 but this was
abrogated in 1958 after a military Coup d'état. Pakistan's second constitution was approved in
1962. It granted executive power to the president and abolished the office of the prime
minister. It also institutionalised the intervention of military in politics by providing that for
twenty years, the president or the defence minister must be a person who had held a rank not
lower than that of lieutenant-general in the army. The 1962 constitution was suspended in
1969 and abrogated in 1972.
The 1973 constitution was the first in Pakistan to be framed by elected representatives.
Unlike the 1962 constitution it gave Pakistan a parliamentary democracy with executive
power concentrated in the office of the prime minister, and the formal head of state—the
president—limited to acting on the advice of the prime minister.
The Constitution states that all laws are to conform with the injunctions of Islam as laid down
in the Quran and Sunnah. The 1973 Constitution also created certain institutions such as the
Shariat Court and the Council of Islamic Ideology to channel the interpretation and
application of Islam. After another coup d'état in 1977, the constitution was held in abeyance
until it was "restored" in 1985 but with an amendment (the Eighth) shifting power from the
parliament and Prime Minister to the president. Another Amendment (Seventeenth) in 2004
continued this shift, but in 2010, the Eighteenth amendment reduced presidential powers,
returning the government to a parliamentary republic.
 Commemorative stamp issued on the proclamation of the 1973 Constitution

Shaheed Zulfikar 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 National Assembly approved the 1973
Constitution on April 10, 1973, and it came into effect on August 14. Shaheed Zulfikar Ali
Bhutto took over as the Prime Minister of Pakistan from this date and Fazal Ilahi Chaudhry
was appointed as the President of Pakistan.

The Constitution of 1973 opens with a Preamble. This is the preliminary part of the
Constitution in which broad features of the Constitution have been explained. The first
Article of the Constitution declares Pakistan as a Federal Republic to be known as the Islamic
Republic of Pakistan. Islam was declared as the State religion of Pakistan. Pakistan was to be
a Federation of four federating Units, Punjab, Sindh, N. W. F. P. and Baluchistan.

The Constitution was parliamentary in nature. Article 41 of the Constitution lay down that the
President was to be the Head of the State. The President was to be a Muslim above 45 years
of age and was to be elected by a joint sitting of members of the Parliament for 5 years. He
could be re-elected but could not hold office for more than two terms. The President was to
act on the advice of the Prime Minister of Pakistan. The President could be removed on the
grounds of physical or mental incapacity or impeached on charges of violating the
Constitution or gross misconduct. The President was authorized to appoint the Attorney
General, Judges of Supreme Court and High Courts, and the Chief Election Commissioners.
In the Provincial Government, each province was to have a Governor appointed by the
President. The appointment of Federal Ministers and Ministers of the State from amongst the
members of the Parliament was at the Prime Minister’s disposal.

The 1973 Constitution set up a bicameral legislature at the Center consisting of two Houses,
the National Assembly and the Senate. The National Assembly consisted of 200 seats elected
directly for duration of five years. The President on the advice of the Prime Minister could
dissolve the National Assembly. The Senate was to consist of 63 members; each province
was to elect 14 members. In the Provincial Government, each province will have a Governor
appointed by the President. The Provincial Assembly for each province consisted of 240 seats
for the Punjab, 100 seats for Sindh, 80 seats for N. W. F. P., and 40 seats for Baluchistan.

The 1973 Constitution provided a free and independent Judiciary. The Constitution
guaranteed a right to the citizens; to be protected by law, and imposed two duties on them,
loyalty to the Republic and obedience to the law. Any person who was found to abrogate or
attempt or conspire to abrogate or subvert the Constitution was to be treated guilty of high
treason. The Constitution conferred several kinds of fundamental rights to the people such as
the right to life, liberty, equality and freedom of speech, trade and association. The
Constitution also declared the laws inconsistent with or in derogatory to fundamental rights
as null and void.
In light of 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 this objective in mind, more Islamic provisions were laid down in the
Constitution of 1973. The Constitution recognized Islam as the religion of the country and
enjoined upon the State to serve the cause of Islam and to bring all existing laws in
conformity with Islam. The Islamic Advisory Council was set up to recommend ways and
means to bring existing laws of the country in conformity with the Islamic principles.

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.

1973 Constitution:

On 7th April, 1972 the national assembly of Pakistan appointed a committee to prepare a
draft of the permanent constitution of Pakistan. A bill to provide a constitution was
introduced by the committee in the Assembly on February2, 1973. The Assembly passed the
bill on 10th April, 1973 and at last the constitution came into force on 14th August 1973.

The present constitution (1973) provides for the protection and preservation of Islamic
Concept of life. It also attempts to propagate and implement the basic teachings of Islam.

Islamic Provisions of 1973 Constitution:

The following are the Islamic provisions of 1973 constitution based on the principles of Holy
Qur’an and Sunnah.

Official Name:

Pakistan shall be known as “Islamic Republic of Pakistan.”

State Religion:

Islam shall be the state religion of Pakistan.

Sovereignty Belongs to Allah:

Sovereignty over the entire Universe belongs to Almighty Allah and the authority bestowed
by him on men is a sacred trust which the people of Pakistan will exercise with the limits
prescribed by Qur’an and Sunnah.

Definition of a Muslim:

The constitution also gives the definition of a Muslim. 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 has described as a Muslim.

A Muslim to be a President and Prime Minister:

The constitution laid down that only Muslims shall be elected President and Prime Minister
of Pakistan. Non non-Muslim could hold these offices.

Islamic Way of life:

Steps shall be given to enable the Muslims of Pakistan to order their lives in accordance with
the fundamental principles and basic concepts of Islam.

Promotion of Social Justice and Eradication of Social Evils:

The state shall take necessary steps for prosecution of social justice and eradication of social
evils and shall prevent prostitution, gambling and taking of injurious drugs, printing,
publication, circulation and display of obscene literature and advertisements.

Teachings of Holy Qur’an:

The state shall try to make the teachings of Holy Qur’an and Islamic Studies compulsory to
encourage and facilitate the learning of Arabic language.

Strengthen Bond with Muslim World:

The state shall endeavor to strengthen fraternal relations among Muslim countries in order to
promote Islamic unity.
Council of Islamic Ideology:

There is a council of Islamic ideology which shall guide the government in respect of Islamic
teachings, their implementation and propagation. Its chairman and members are appointed by
President. Although its advice is not binding on the government yet it is not easy for any
government to ignore or over rule its suggestion or opinion regarding any law.

Error Free Publication of Quran:

The government shall endeavor to secure correct and exact printing and publishing of the
Holy Qur’an.

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.
 References

1. Abiad, Nisrine (2008). Sharia, Muslim states and international human rights treaty
obligations : a comparative study. London: British Institute of International and
Comparative Law. pp. 96–200. ISBN 978-1-905221-41-7.
2. Enterprise Team (1 June 2003). "The Constitution of 1973'". The Story of Pakistan.
The Story of Pakistan. Archived from the original on 2 October 2013. Retrieved 15
October 2011.
3. Constitution of Pakistan. "Constitution of Pakistan". Constitution of Pakistan.
Archived from the original on 12 July 2011. Retrieved 22 January 2013.
4. "Part III. The Federation of Pakistan: Chapter 1; The President". Const. of Pakistan.
Const. of Pakistan. Archived from the original on 7 April 2011. Retrieved 22 January
2013.
5. "First Six Articles". Archived from the original on 21 May 2013.
6. Iqbal, Khurshid (2009). The Right to Development in International Law: The Case of
Pakistan. Routledge. p. 189. ISBN 978-1-134-01999-1. The constitution proclaims ...
that all existing laws shall be brought in accordance with the injunctions of Islam as
laid down in the Quran and Sunnah, and no law shall be enacted which is repugnant to
such injunctions.
7. Iftikhar A. Khan (24 June 2012). "Parliament can't make laws repugnant to
Constitution: CJ". Dawn News. Archived from the original on 25 August 2012.
Retrieved 23 January 2013.
8. "Constitutional history of Pakistan". National Assembly of Pakistan pr of Pakistan
press. Archived from the original on 22 January 2013.
9. Adamec 2016.
10. Hussain, Rizwan. Pakistan. The Oxford Encyclopedia of the Islamic World. Archived
from the original on 29 March 2016. The first important result of the combined efforts
of the Jamāʿat-i Islāmī and the ʿulamāʿ was the passage of the Objectives Resolution
in March 1949, whose formulation reflected compromise between traditionalists and
modernists. The resolution embodied "the main principles on which the constitution
of Pakistan is to be based." It declared that "sovereignty over the entire universe
belongs to God Almighty alone and the authority which He has delegated to the State
of Pakistan through its people for being exercised within the limits prescribed by Him
is a sacred trust," that "the principles of democracy, freedom, equality, tolerance and
social justice, as enunciated by Islam shall be fully observed," and that "the Muslims
shall be enabled to order their lives in the individual and collective spheres in accord
with the teaching and requirements of Islam as set out in the Holy Qurʿan and Sunna."
The Objectives Resolution has been reproduced as a preamble to the constitutions of
1956, 1962, and 1973.