Course Title: Pak Studies

BS-AF
Credit Hr#02
instructor: Miss Hina Rasul
Key Feature Of 1973 Constitution
key Feature Of 1973 Constitution

 Introduction
 A written constitution
 Flexibility
 Republican form of government
 Parliamentary form of government
 Bicameral legislation
 Fundamental rights
 Pakistan to be a welfare state
 Islamic provision of 1973 constitution
 18th amendment and provincial autonomy
Background

 The constitution 1956 and 1962 failed to provide the aspired

political stability to the country. Both proved short lived and were
replaced with the martial laws in the country.
 Abrogation of the 1962 Constitution on March 25, 1969 led to
second martial law in the country. Yahya Khan handed over
power to Zulfikar Ali Bhutto on December 20, 1971 after the first
general elections. But martial law continued and there was no
constitution. National Assembly approved an Interim
Constitution, which was enforced on April 21, 1972.
Causes of failure of 1956 Constitution

 He Constitution of 1956 was abrogated in 1958. The causes of its failure were as

under: a) The multi-party system was one of the main causes of its failure.
 Lack of Leadership. ...
 Lack of Political Training. ...
 Delay in Elections. ...
 Non Existence of Economic Equality.
 Lack of State Parliamentary System. ...
 Role of Army and Bureaucracy. ...
 Lack of Education
Causes of failure of 1962 constitution:

 First cause for failure of constitution of 1962 was that it was unpopular among the

masses. It did not reflect the true spirits of people. In fact it was one man show.
Zulfiqar Bhutto called it, “Dictatorship under the label of democracy.”
 constitution given by one man
 Absence of check and balance in the constitution
 Indirect elections
 Political causes
 Negation of Islamic Ideology
 1965 war
Introduction

Constitution of Pakistan:
1973 constitution was the 3rd constitution of Pakistan. This
constitution was implemented in the era of Zulfiqar Ali Bhutto.
Like the constitution of 1956 and 1962, the objectives Resolution
has been included in the preamble of the constitution of 1973
according to which sovereignty belongs to ALLAH Almighty.
the people’s representative would use their powers as a sacred
trust, within the limits of Quran and the sunnah.
key Feature Of 1973 Constitution

1.A written Constitution

Constitution of Pakistan 1973 is a written constitution like previous constitutions. It consist
of 280 Articles. It also contains 6 schedules, which has been divided into 12 parts.
2. Flexibility/Semi-Rigid Constitution
The constitution is neither too rigid like the American nor too flexibility like the British
constitution. A two-third majority of the parliament (National Assembly and senate) is
required to make an amendment in the constitution.
3. Parliamentary form of government
According to the constitution of 1973, the national Assembly will be a tenure of five year.
The parliamentary from of government was implemented in the country. The head of the
country is the president, and the prime minister is the head of the government.
The president is elected by the parliament and the Provincial Assemblies, whereas the Prime
Minister is elected by a majority in the National Assembly.
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4. Islamic Constitution:
 Islam has been declared as the state religion in the constitution of Pakistan. It has been
declared essential for the President and the prime Minister to be Muslim.
 The official name of the state is the ‘Islamic Republic of Pakistan’. It encourages the practices
of the Islamic mode of the life among the citizens.
5. Bicameral legislation
 The parliament will consist of two houses according to 1973 constitution. The upper House is
called Senate and Lower House is the National Assembly.
 The provinces have been given equal representation is senate and it is a Permanent House. Its
tenure is of six year. It consist of 104 members.
 The National Assembly consist of 342 members. The total number of members of the
parliament is 446.
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6. National Language:
Urdu has been declared the national language. During this period English will be used as
the official language.
7. Fundamental Rights:
 The constitution grants and protects the fundamental right of the citizens of Pakistan.
They include the right to life, property, profession, liberty of thoughts and expression,
freedom of association, religion, equality of citizen etc. in case of violation, the
affected person maybe go to the courts for seeking redress of his grievance.
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8. Welfare State:
 The constitution reflects the spirit of a welfare state.
 It provide that, illiteracy shall be removed;
 Educational and economic interests of backward classes and areas shall be promoted; just
and human condition of work shall be provided.
 Gambling and consumption of alcoholic liquor shall be prohibited.
 Basic necessities of life like food, housing, cloths, education and medical relief shall be
provided to the citizens who are permanently or temporarily unable to earn their livelihood.
9. Constitutional Institution:
 The constitution of 1973 has set up several institutions like the council for common
interest, National Economic Council, National Finance Commission, Election Commission
of Pakistan etc. These institutions work within their limits and prefer national interest.
Conclusion

 Constitution of 1973 is still part of Pakistan.

18th Amendment and provincial autonomy
introduction
 18th amendment in the constitution of Pakistan, was passed on 8th April 2010 by
National Assembly. It was passed by senate on 15 April 2010, and it became an act of
parliament when President Asif Ali Zardari put his signature on the bill on 19 April
2010.
 His amendment was a major step in moving towards a pure parliamentary system in
which all the powers specified with parliament and prime minister instead of President.
Salient features of the 18th amendment

1. According to this amendment, the president will no longer be in a position to dismiss

the government or impose emergency in the country. Only a 2/3 rd parliamentary
majority will give the president the powers to declare an emergency.
2. The amendment proposed that a judicial commission would be appointed to
recommend the name of judges. Which will then be scrutinized by the parliamentary
commission. The parliamentary commission will forward the names to the prime
minister and then it will go to the president house for final approval.
3.  NWFP was renamed as Khyber-Pakhtunkhwa.
4. The ban on becoming prime minister and chief minister for the third time was removed.
This paved the way for the president of PMLN, Nawaz Sharif, to become prime
minister for the third time.
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5. Chief election commissioner will be appointed by a committee of opposition and

treasury benches.
6. Prime minister and ministers will also appoint through a consultation between the prime
minister and opposition leader. In case of disagreement, the chief justice will give the
final decision.
7. Islamabad high court was established in the capital territory.
8. Total strength of the cabinet would never exceed 11% of the total parliamentary strength.
This put a restriction on the size of the federal and provincial cabinets.
9. Join chief of staff committee and the chiefs of the three armed forces will be appointed
on the advice of prime minister.
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10. The amendment made it necessary for the state to provide free education to all the
children from 5 to 16. They will be given free books and uniform along with other
incentives for the purpose motivation.
11. The members of the Senate were increased from 100 to 104, providing minorities the
much-needed representation in the upper house.
12.  The federal government was made responsible to ask the relevant provincial
government before starting any project in a province.
13. This amendment has a special recognition because it was for the first time in our
constitutional history that president diluted his own power.
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