Constitution Of Pakistan
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The Constitution of Pakistan ( ur, ), also known as the 1973 Constitution, is the supreme
law of Pakistan The law of Pakistan is the law and legal system existing in the Islamic Republic of Pakistan. Pakistani law is based upon the legal system of British India; thus ultimately on the common law of England and Wales. History Following the establis ...
. Drafted by the government of Zulfikar Ali Bhutto, with additional assistance from the country's
opposition parties Parliamentary opposition is a form of political opposition to a designated government, particularly in a Westminster-based parliamentary system. This article uses the term ''government'' as it is used in Parliamentary systems, i.e. meaning ''th ...
, 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 Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single grou ...
legislature; an executive branch governed by the Prime Minister as chief executive; and an apex federal judiciary headed by
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
. The Constitution designates the
President of Pakistan The president of Pakistan ( ur, , translit=s̤adr-i Pākiṣṭān), officially the President of the Islamic Republic of Pakistan, is the ceremonial head of state of Pakistan and the commander-in-chief of the Pakistan Armed Forces.Head of State who is to represent the unity of the state. The first six articles of the constitution outline the
political system In political science, a political system means the type of political organization that can be recognized, observed or otherwise declared by a state. It defines the process for making official government decisions. It usually comprizes the govern ...
as
federal parliamentary republic A federal parliamentary republic refers to a federation of Jurisdiction (area), states with a Republic, republican form of government that is, more or less, dependent upon the confidence of parliaments at both the national and sub-national levels ...
system; as well as Islam as its
state religion A state religion (also called religious state or official religion) is a religion or creed officially endorsed by a sovereign state. A state with an official religion (also known as confessional state), while not secular state, secular, is not n ...
. 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 Events January * January 1 – The Anglo-Egyptian Sudan, Anglo-Egyptian Condominium ends in Sudan. * January 8 – Operation Auca: Five U.S. evangelical Christian Missionary, missionaries, Nate Saint, Roger Youderian, Ed McCully, Jim ...
and
1962 Events January * January 1 – Western Samoa becomes independent from New Zealand. * January 3 – Pope John XXIII excommunicates Fidel Castro for preaching communism. * January 8 – Harmelen train disaster: 93 die in the wors ...
. It has been
amended Amend as a verb means to change or modify something, as in: *Constitutional amendment, a change to the constitution of a nation or a state * Amend (motion), a motion to modify a pending main motion in parliamentary procedure Amend as a surname may ...
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 First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and rec ...
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: 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 Jamaat-e-Islami ( ur, ) () is an Islamic movement founded in 1941 in British India by the Islamic theologian and socio-political philosopher, Syed Abul Ala Maududi.van der Veer P. and Munshi S. (eds.''Media, War, and Terrorism: Responses fro ...
, 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 A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
. 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.Backgrounder. Pakistan's Constitution
Author: Jayshree Bajoria , Council on Foreign Relations , Updated: 21 April 2010
The 1962 constitution was suspended in
1969 This year is notable for Apollo 11's first landing on the moon. Events January * January 4 – The Government of Spain hands over Ifni to Morocco. * January 5 **Ariana Afghan Airlines Flight 701 crashes into a house on its approach to ...
and abrogated in 1972.''Islamization of Laws and Economy, Case Studies on Pakistan'' by Charles Kennedy (Institute of Policy Studies, The Islamic Foundation, 1996, p.85) 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 Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...
as laid down in the Quran and
Sunnah In Islam, , also spelled ( ar, سنة), are the traditions and practices of the Islamic prophet Muhammad that constitute a model for Muslims to follow. The sunnah is what all the Muslims of Muhammad's time evidently saw and followed and passed ...
. 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 A parliamentary republic is a republic that operates under a parliamentary system of government where the executive branch (the government) derives its legitimacy from and is accountable to the legislature (the parliament). There are a number ...
.


Previous legislation as Source

The successful independence movement led the establishment of Pakistan, independent from the British Raj in 1947. The British Empire divided the Raj into two parts, India and Pakistan. The provisions of the
Government of India Act, 1935 The Government of India Act, 1935 was an Act adapted from the Parliament of the United Kingdom. It originally received royal assent in August 1935. It was the longest Act of (British) Parliament ever enacted until the Greater London Authority ...
, had greatly influenced the state and served as its basic legal document until 1956. In 1950, Prime Minister Liaquat Ali Khan authored the first
annexe Annex or Annexe refers to a building joined to or associated with a main building, providing additional space or accommodations. It may also refer to: Places * The Annex, a neighbourhood in downtown Toronto, Ontario, Canada * The Annex (New H ...
that would pave a path to the drafting of the Constitution. Elected in 1947, the first Constituent Assembly drafted and adopted its first constitution in 1956.


1956 Constitution

Following the adoption of a constitution in India in 1950, Pakistan's lawmakers were incentified to work on their constitution. Prime Minister
Muhammad Ali Muhammad Ali (; born Cassius Marcellus Clay Jr.; January 17, 1942 – June 3, 2016) was an American professional boxer and activist. Nicknamed "The Greatest", he is regarded as one of the most significant sports figures of the 20th century, a ...
and his government officials worked with the
opposition parties Parliamentary opposition is a form of political opposition to a designated government, particularly in a Westminster-based parliamentary system. This article uses the term ''government'' as it is used in Parliamentary systems, i.e. meaning ''th ...
in the country to formulate a constitution for Pakistan. Finally, the joint work led to the promulgation of the first set of the constitution on 23 March 1956—a day when Pakistan celebrates its Republic Day over the adoption of the constitution. The constitution provided for parliamentary form of government with a unicameral legislature. It officially adopted Pakistan as "
Islamic Republic The term Islamic republic has been used in different ways. Some Muslim religious leaders have used it as the name for a theoretical form of Islamic theocratic government enforcing sharia, or laws compatible with sharia. The term has also been u ...
" and the principle of parity was introduced. Its features were: *
Islamic Republic The term Islamic republic has been used in different ways. Some Muslim religious leaders have used it as the name for a theoretical form of Islamic theocratic government enforcing sharia, or laws compatible with sharia. The term has also been u ...
of Pakistan – Official name of the country was adopted * Objectives Resolution – The objective resolution was included as preamble by the constitution. * System of governmentParliamentary with a prime minister as head of government. * Unicameral Legislature – A single house, only a National Assembly that would consist of 300 members; 150 members from each East and West Pakistan * President – Required to be a
Muslim Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abrah ...
and ceremonial head of state. In case of internal or external danger he could declare a state of emergency in the country. * Islamic law – No law would be passed against the teachings of the Quran and Sunnah. * Independent Judiciary – The
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
as an
apex court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
– a final arbitrator of all the decisions. * Fundamental rights included freedoms of
movement Movement may refer to: Common uses * Movement (clockwork), the internal mechanism of a timepiece * Motion, commonly referred to as movement Arts, entertainment, and media Literature * "Movement" (short story), a short story by Nancy Fu ...
,
speech Speech is a human vocal communication using language. Each language uses Phonetics, phonetic combinations of vowel and consonant sounds that form the sound of its words (that is, all English words sound different from all French words, even if ...
and, profession and profess religion, right to life, liberty, and property. * Language – English, Urdu and
Bengali Bengali or Bengalee, or Bengalese may refer to: *something of, from, or related to Bengal, a large region in South Asia * Bengalis, an ethnic and linguistic group of the region * Bengali language, the language they speak ** Bengali alphabet, the w ...
were made national languages. By the constitution, Iskander Mirza assumed the presidency but his constant involvement in national affairs, as opposed to Constitution, dismissed four elected prime ministers in two years. Under public pressure, Mirza upheld the ''coup d'état'' in 1958, thus virtually suspending the constitution. Shortly afterwards
General Ayub Khan Muhammad Ayub Khan (Urdu: ; 14 May 1907 – 19 April 1974), was the second President of Pakistan. He was an army general who seized the presidency from Iskander Mirza in a coup in 1958, the first successful coup d'état in the country's h ...
deposed Mirza and declared himself president.


1962 Constitution

General Ayub Khan Muhammad Ayub Khan (Urdu: ; 14 May 1907 – 19 April 1974), was the second President of Pakistan. He was an army general who seized the presidency from Iskander Mirza in a coup in 1958, the first successful coup d'état in the country's h ...
appointed a Constitution Commission to draft another part of the constitution under Chief Justice Muhammad Shahabuddin. Submitted its considerations on 6 May 1961,
Ayub Khan Ayub Khan is a compound masculine name; Ayub is the Arabic version of the name of the Biblical figure Job, while Khan or Khaan is taken from the title used first by the Mongol rulers and then, in particular, their Islamic and Persian-influenced s ...
altered the entire version of the constitution which was entirely different from the one recommended by Chief Justice Muhammad Shahabuddin. It was promulgated on 8 June 1962. Main feature of this set was the introduction of the
Presidential system A presidential system, or single executive system, is a form of government in which a head of government, typically with the title of president, leads an executive branch that is separate from the legislative branch in systems that use separati ...
and more consolidated powers to the President. No further changes were carried out to oppose the 1956 document. Its features includes: *More powers to the
President of Pakistan The president of Pakistan ( ur, , translit=s̤adr-i Pākiṣṭān), officially the President of the Islamic Republic of Pakistan, is the ceremonial head of state of Pakistan and the commander-in-chief of the Pakistan Armed Forces. *Strengthening of the Islamic Ideology Council.


1970 Legal Framework Order

President
Ayub Khan Ayub Khan is a compound masculine name; Ayub is the Arabic version of the name of the Biblical figure Job, while Khan or Khaan is taken from the title used first by the Mongol rulers and then, in particular, their Islamic and Persian-influenced s ...
invited Chief of Army Staff General Yahya Khan to enforce the martial law in the country. On assuming the presidency, General Yahya Khan acceded to popular demands by abolishing the one-unit system in West Pakistan and ordered general elections on the principle of one man, one vote. The
military government A military government is generally any form of government that is administered by military forces, whether or not this government is legal under the laws of the jurisdiction at issue, and whether this government is formed by natives or by an occup ...
and President Yahya himself made no efforts to frame a constitution, aside from issuing the extrajudicial order in 1970. Across the country, the expectations were that a National Assembly would be set up by holding a free and fair election. To hold the proposed elections, President Yahya promulgated a Legal Framework Order on 30 March 1970 that also spelled out the fundamental principles of the proposed constitution and the structure and composition of the national and provincial assemblies. In December 1970, nationwide general elections were held simultaneously for both the national and five provincial assemblies. The nationalist
Awami League In Urdu language, Awami is the adjectival form for '' Awam'', the Urdu language word for common people. The adjective appears in the following proper names: *Awami Colony, a neighbourhood of Landhi Town in Karachi, Sindh, Pakistan *Awami Front, wa ...
(AL) secured the mandate of East Pakistan but failed to perform in any four provinces of Pakistan. The socialist Pakistan People's Party (PPP) under the leadership of Zulfikar Ali Bhutto gained a mandate in Punjab and
Sind Sindh (; ; ur, , ; historically romanized as Sind) is one of the four provinces of Pakistan. Located in the southeastern region of the country, Sindh is the third-largest province of Pakistan by land area and the second-largest province ...
h but failed in East Pakistan,
NWFP NWFP may refer to: *North-West Frontier Province, a province of British India, and later, Pakistan *Khyber Pakhtunkhwa Khyber Pakhtunkhwa (; ps, خېبر پښتونخوا; Urdu, Hindko: خیبر پختونخوا) commonly abbreviated as KP o ...
and Balochistan.


1970 constitutional crisis

Constitutional crisis grew further when the AL refused to make concessions over its six points to draft the constitution and instead maintaining that the AL was able to frame a constitution and to form a central government on its own. The PPP was not willing to dilute the authority of the
federal government A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-governin ...
in spite of assuring full provincial autonomy for all the
provinces of Pakistan The administrative units of Pakistan comprise four provinces, one federal territory, and two disputed territories: the provinces of Punjab, Sindh, Khyber Pakhtunkhwa, and Balochistan; the Islamabad Capital Territory; and the administrative ...
. Negotiations on framing the work on constitution were held between January and March 1971 between leaders of the PPP, the AL, and the
military government A military government is generally any form of government that is administered by military forces, whether or not this government is legal under the laws of the jurisdiction at issue, and whether this government is formed by natives or by an occup ...
of Yahya Khan, which turned out to be a failure. Under the LFO, the President was to decide when the National Assembly was to meet. By 13 February 1971, the President Yahya announced that the National Assembly was to meet at Dhaka on 3 March 1971. By this time the differences between the main parties to the conflict had already crystallized. Over the six-point issue, the PPP was convinced that a federation based on the six points would lead to a feeble confederation in name only and was part of a larger Indian plan to break up and destroy Pakistan. These fears were evidently shared by the military leaders in the west, including President Yahya Khan who had publicly described Sheikh Mujibur Rehman as the 'future Prime Minister of Pakistan' on 14 January 1971. Bhutto announced on 15 February that his party would not attend the National Assembly unless there was 'some amount of reciprocity' from the Awami League. Sheikh Mujib replied at a press conference on 21 February, asserting that "Our stand is absolutely clear. The constitution will be framed on the basis of the six points". Such an announcement led the PPP to demand the removal of the National Assembly session, or the opening session to be postponed. The PPP threatened to stage a large scale
general strike A general strike refers to a strike action in which participants cease all economic activity, such as working, to strengthen the bargaining position of a trade union or achieve a common social or political goal. They are organised by large co ...
all over the country. Under pressure by the PPP, President Yahya postponed the National Assembly session on 25 March which came as a shattering disillusionment to the AL and their supporters throughout East Pakistan. It was seen as a betrayal and as proof of the authorities of the Pakistan to deny them the fruits of their electoral victory. This resulted in the outbreak of violence in East Pakistan. The Awami League launched a non-co-operation movement as they virtually controlled the entire province. Due to disturbances in East Pakistan, no National Assembly session was called and the military moved into East Pakistan and executed Operation Searchlight. The
civil disobedience Civil disobedience is the active, professed refusal of a citizen to obey certain laws, demands, orders or commands of a government (or any other authority). By some definitions, civil disobedience has to be nonviolent to be called "civil". Hen ...
movement turned into an armed liberation movement backed by India. With India successfully intervening in the conflict, the Pakistan military
surrendered Surrender, in military terms, is the relinquishment of control over territory, combatants, fortifications, ships or armament to another power. A surrender may be accomplished peacefully or it may be the result of defeat in battle. A sovereign ...
to the
Indian military The Indian Armed Forces are the military forces of the Republic of India. It consists of three professional uniformed services: the Indian Army, Indian Navy, and Indian Air Force.—— Additionally, the Indian Armed Forces are supported by th ...
and almost 45,000 military personnel were taken as
prisoners of war A prisoner of war (POW) is a person who is held Captivity, captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610. Belligerents hold priso ...
on 16 December 1971. Demoralized, gaining notoriety in the country, and finding himself unable to control the situation, President Yahya ultimately handed over the national power to the PPP, of which Zulfikar Ali Bhutto was sworn in on 20 December 1971 as President and as the (first civilian)
Chief Martial Law Administrator The office of the Chief Martial Law Administrator was a senior and authoritative post with Zonal Martial Law Administrators as deputies created in countries such as Pakistan, Bangladesh and Indonesia that gave considerable executive authority and p ...
.


Constitutional convention

After Bangladesh was formed in 1971, the PPP formed the government and partially enacted the 1962 constitution. President Zulfikar Ali Bhutto called for a constitutional convention and invited the leaders of the all
political parties A political party is an organization that coordinates candidates to compete in a particular country's elections. It is common for the members of a party to hold similar ideas about politics, and parties may promote specific ideological or pol ...
to meet him on 17 April 1972. Leaders and constitutional experts of the Islamic political parties, conservative parties, socialists and
communist Communism (from Latin la, communis, lit=common, universal, label=none) is a far-left sociopolitical, philosophical, and economic ideology and current within the socialist movement whose goal is the establishment of a communist society, a s ...
parties were delegated to attend the constitutional convention in 1972.


Drafting and ratification

The law experts, constitutional analysts, and country's reputed clergymen worked on formulating a constitution that they hoped would represent the will and desire of people. Unlike earlier attempts, the convention was not meant for new laws or piecemeal alterations, but for the "sole and express purpose of revising the 1956 articles." Also, the convention was not limited to the religion, exigencies of government and the preservation of the State; rather it was intended to maintain delicacy in commerce, finances, issue of loans to federation, and Separation of powers. Several key ideas of the
philosophy Philosophy (from , ) is the systematized study of general and fundamental questions, such as those about existence, reason, knowledge, values, mind, and language. Such questions are often posed as problems to be studied or resolved. Some ...
of
John Locke John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Age of Enlightenment, Enlightenment thinkers and commonly known as the "father of liberalism ...
and Islamic provisions on civil rights were interchanged in the Constitution. The Constitution ultimately established a
bicameral Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single grou ...
Parliament, with the National Assembly as the
lower house A lower house is one of two Debate chamber, chambers of a Bicameralism, bicameral legislature, the other chamber being the upper house. Despite its official position "below" the upper house, in many legislatures worldwide, the lower house has co ...
and the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
as the upper house. It also established the parliamentary form of government with Prime Minister as its head of government; the elected National Assembly genuinely representing the will of the people. The Constitution truly maintained a delicate balance between traditionalists and
modernists Modernism is both a philosophy, philosophical and arts movement that arose from broad transformations in Western world, Western society during the late 19th and early 20th centuries. The movement reflected a desire for the creation of new fo ...
and reflected heavy compromises on fundamental religious rights in the country. The fundamental rights, freedoms of
speech Speech is a human vocal communication using language. Each language uses Phonetics, phonetic combinations of vowel and consonant sounds that form the sound of its words (that is, all English words sound different from all French words, even if ...
, religion,
press Press may refer to: Media * Print media or news media, commonly called "the press" * Printing press, commonly called "the press" * Press (newspaper), a list of newspapers * Press TV, an Iranian television network People * Press (surname), a famil ...
,
movement Movement may refer to: Common uses * Movement (clockwork), the internal mechanism of a timepiece * Motion, commonly referred to as movement Arts, entertainment, and media Literature * "Movement" (short story), a short story by Nancy Fu ...
, association,
thought In their most common sense, the terms thought and thinking refer to conscious cognitive processes that can happen independently of sensory stimulation. Their most paradigmatic forms are judging, reasoning, concept formation, problem solving, a ...
, and intellectual,
life, liberty and property "Life, Liberty and the pursuit of Happiness" is a well-known phrase from the United States Declaration of Independence. Scanned image of the Jefferson's "original Rough draught" of the Declaration of Independence, written in June 1776, including ...
and right to bear arms were introduced in the new Constitution.
Islam Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...
was declared as the State religion of Pakistan. Geography and border statue of the country was redefined and "Pakistan was to be a Federation of Four Provinces." The Constitution was written in the point of representing the conservative
Islam Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...
as well as reflecting a heavy compromise over the religious rights and humanism ideas, advocated by the PPP. On 20 October 1972, the draft was revived by all leaders of the
political parties A political party is an organization that coordinates candidates to compete in a particular country's elections. It is common for the members of a party to hold similar ideas about politics, and parties may promote specific ideological or pol ...
and signed the declaration of adopting the Constitution in the National Assembly on 2 February 1973. Ratified unanimously on 19 April 1973, the Constitution came into full effect on 14 August 1973. On the same day, the successful vote of confidence movement in the Parliament endorsed Zulfikar Bhutto as the elected Prime Minister after latter relinquishing the presidency after appointing Fazal-i-Ilahi to that office.


Structure


Fundamental rights

Contrary to Constitution of 1956 and Constitution of 1962, several ideas in the Constitution were new, and guaranteed security to each citizen of Pakistan. First part of the Constitution introduced the definition of ''State'', the idea of life, liberty and property, individual equality, prohibition of slavery, preservation of
languages Language is a structured system of communication. The structure of a language is its grammar and the free components are its vocabulary. Languages are the primary means by which humans communicate, and may be conveyed through a variety of met ...
,
right to fair trial A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, th ...
, and provided safeguard as to arrest and detention as well as providing safeguards against discrimination in services. The
due process Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual pers ...
clause of the Constitution was partly based on the British Common law, as many
founding fathers The following list of national founding figures is a record, by country, of people who were credited with establishing a state. National founders are typically those who played an influential role in setting up the systems of governance, (i.e. ...
and legal experts of the country had followed the British legal tradition. The fundamental rights are supreme in the Constitution and any law that is '' ultra vires'' the fundamental rights can be struck down by the apex courts in their constitutional jurisdiction vested on them under Article 199 of the Constitution.


Provisions

In contrast to the constitutions of India and Bangladesh, the Constitution reflected a heavy compromise over several issues to maintain a delicate balance of power among the country's institutions. The Constitution defined the role of
Islam Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...
; Pakistan was to be a Federation of Four Provinces and shall be known as the Islamic Republic of Pakistan; introduction of check and balances, separation of powers, and provided the federal system under which the government should govern. The Constitution established a "
Bicameral Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single grou ...
Parliament" as a legislative authority that consists of the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
as Upper house (providing equal provincial representation), and National Assembly as
Lower house A lower house is one of two Debate chamber, chambers of a Bicameralism, bicameral legislature, the other chamber being the upper house. Despite its official position "below" the upper house, in many legislatures worldwide, the lower house has co ...
(providing the will and representation of people). The Constitution put stipulation on the eligibility of becoming President and Prime Minister that only "
Muslim Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abrah ...
" of not less than forty-five years of age and is qualified for becoming the Prime Minister. No law repugnant to Islam shall be enacted and the present laws shall also be
Islamised Islamization, Islamicization, or Islamification ( ar, أسلمة, translit=aslamāh), refers to the process through which a society shifts towards the religion of Islam and becomes largely Muslim. Societal Islamization has historically occur ...
. The Constitution also introduced a new institution known as the "Council of Common Interests" consisting of Chief Minister of each four provinces and an equal number of Cabinet ministers of the Government nominated by the Prime Minister. The Council could formulate and regulate the policy in the Part II of the Legislative List. In case of complaint of interference in water supply by any province the Council would look into the complaint. Another major innovative introduction in the Constitution is the establishment of the National Finance Commission (NFC) consisting of the Provincial and Finance Ministers and other members to advice on distribution of revenues between the federation and the provinces. The Constitution's first parts introduce the Islamic way of life, promotion of local government, full participation of women in national life, protection of minorities, promotion of social and economic well being of the people, and strengthening the bonds with the Muslim world and to work for international peace. Under the Constitution, the Fundamental Rights include security of person, safeguards as to arrest and detention, prohibition of slavery and
forced labour Forced labour, or unfree labour, is any work relation, especially in modern or early modern history, in which people are employed against their will with the threat of destitution, detention, violence including death, or other forms of ex ...
,
freedom of movement Freedom of movement, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country,Jérémiee Gilbert, ''Nomadic Peoples and Human Rights' ...
, freedom of association, freedom of speech, freedom to profess religion and safeguards to religious institutions, non-discrimination in respect of access to public places and in service, preservation of languages, script and culture. The judiciary enjoys full supremacy over the other organs of the state. About national languages, Urdu was declared as national languages, and English as official language; all other
languages Language is a structured system of communication. The structure of a language is its grammar and the free components are its vocabulary. Languages are the primary means by which humans communicate, and may be conveyed through a variety of met ...
were preserved by the Constitution.


Islamic introduction

Many key ideas on regarding the role of
Islam Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...
in the State that were mentioned in 1956 Articles were made part of the Constitution: * The official name "Islamic Republic of Pakistan" as selected for the state of Pakistan. * Islam is declared as the
state religion A state religion (also called religious state or official religion) is a religion or creed officially endorsed by a sovereign state. A state with an official religion (also known as confessional state), while not secular state, secular, is not n ...
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 organisations of '' Zakat'', ''Waqf'', and mosques is ensured. * Prevent prostitution, gambling and consumption of alcohol, printing, publication, circulation, pornography, and display of obscene literature and advertisements. * Required to be a
Muslim Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abrah ...
to run for bid of becoming the President (male or female) and/or Prime Minister (male or female). No restriction as to religion or gender on any other post, up to and including provincial governor and Chief Minister. * All existing laws shall be brought in conformity 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. * A Council of Islamic Ideology shall be constituted referred to as the Islamic advisory council. * The Constitution of Pakistan defined a
Muslim Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abrah ...
as a person who believes in the unity and oneness of
Allah Allah (; ar, الله, translit=Allāh, ) is the common Arabic word for God. In the English language, the word generally refers to God in Islam. The word is thought to be derived by contraction from '' al- ilāh'', which means "the god", an ...
, in the absolute and unqualified finality of the Prophethood of the
Islamic prophet Prophets in Islam ( ar, الأنبياء في الإسلام, translit=al-ʾAnbiyāʾ fī al-ʾIslām) are individuals in Islam who are believed to spread God in Islam, God's message on Earth and to serve as models of ideal human behaviour. So ...
, Muhammad, and does not believe in, or recognise as a prophet or religious reformer, any person who claimed or claims to be a prophet, in any sense of the word or of any description whatsoever, after Muhammad. * In keeping with this definition, the
Second The second (symbol: s) is the unit of time in the International System of Units (SI), historically defined as of a day – this factor derived from the division of the day first into 24 hours, then to 60 minutes and finally to 60 seconds ...
Amendment to the Constitution (1974) declared for the first time the
Ahmadiyya Community Ahmadiyya (, ), officially the Ahmadiyya Muslim Community or the Ahmadiyya Muslim Jama'at (AMJ, ar, الجماعة الإسلامية الأحمدية, al-Jamāʿah al-Islāmīyah al-Aḥmadīyah; ur, , translit=Jamā'at Aḥmadiyyah Musl ...
and/or the Lahori Group as non-Muslims, since their leader, Mirza Ghulam Ahmad, claimed to be prophet of God. * However, the Fourth Amendment (1975) set aside six seats in the National Assembly for non-Muslim representatives to protect minority rights. * The state shall endeavour to strengthen the bonds of unity among Muslim countries. *Islamic revisions were introduced into the Pakistan Penal Code.


Parts

The individual Articles of the Constitution are grouped together into the following Parts: * Preamble * Part I – Introductory * Part II – Fundamental Rights and Principles of Policy * Part III – The Federation of Pakistan * Part IV – Provinces * Part V – Relations between Federation and Provinces * Part VI – Finance, Property, Contracts and Suits * Part VII – The Judicature * Part VIII – Elections * Part IX – Islamic Provisions * Part X – Emergency Provisions * Part XI – Amendment of Constitution * Part XII – Miscellaneous


Schedule

Schedules are lists in the Constitution that categorise and tabulate bureaucratic activity and policy of the Government. *First Schedule – *Second Schedule – *Third Schedule: – *Fourth Schedule: – *Fifth Schedule: –


Amendments

Unlike the previous documents, the Constitution cannot be changed, instead constitutional amendments are passed; altering its effect. Amendments to the Constitution are made through the Parliament, where a Two-thirds majority and voting is required in both houses for a constitutional amendment to take its effect, in accordance to the Constitution. In addition to this, certain amendments which pertain to the federal nature of the Constitution must be ratified by a majority of provincial legislatures. , 25 amendments have been made to the Constitution. Among the most important of these are the Eighth (1985) and Seventeenth Amendments (2004), which changed the government from a parliamentary system to a
semi-presidential system A semi-presidential republic, is a republic in which a president exists alongside a prime minister and a cabinet, with the latter two being responsible to the legislature of the state. It differs from a parliamentary republic in that it has a ...
. By far the largest change to the Constitution was the Eighteenth Amendment made in 2010 which reversed these expansions of presidential powers, returning the government to a
parliamentary republic A parliamentary republic is a republic that operates under a parliamentary system of government where the executive branch (the government) derives its legitimacy from and is accountable to the legislature (the parliament). There are a number ...
, and also defined any attempt to subvert, abrogate, or suspend the constitution as an act of high treason. The latest of these amendments, the Twenty-Fifth amendment incorporated the former Federally Administered Tribal Areas into the province of Khyber Pakhtunkhwa.


Original text


Preamble


Signatories

All of the MNAs
full list
signed the Constitution except
Mian Mahmud Ali Kasuri Mian Mahmud Ali Kasuri (1910–1987) was a prominent Pakistani opposition politician, human rights advocate and lawyer who became a Senior Advocate Supreme Court. He joined the He served in the Indian National Congress (INC) Party before Pakistan's ...
, Dr. Abdul Hayee Baloch, Abdul Khaliq Khan, Haji Ali Ahmed Khan, and Nizamuddin Haider.
Sahibzada Muhammad Nazeer Sultan Sahibzada Muhammad Nazir Sultan (; 12 February 1944 – 5 December 2022) was a Pakistani politician who had been a member of the National Assembly of Pakistan, between 1970 and May 2018. Early life Sultan was born on 12 February 1944. Political ...
was the last serving member of the National Assembly who was also elected as the Member of National Assembly in the 1970 elections & was one of the last signatories of 1973 Constitution of the Islamic Republic of Pakistan.


See also

*
History of Pakistan The history of preceding the country's independence in 1947 is shared with that of Afghanistan, India, and Iran. Spanning the western expanse of the Indian subcontinent and the eastern borderlands of the Iranian plateau, the region of prese ...
* Politics of Pakistan * Constitution of Pakistan of 1956 * Constitution of Pakistan of 1962 * Constitutional economics * Constitutionalism *
Khan Amirzadah Khan Khan Amirzadah Khan (15 November 1918 – 13 September 1977) was a member of the Khudai Khidmatgar, Khudai Khidmatgar movement and a leader of the National Awami Party (Wali), National Awami Party in Pakistan. Born in Bakhshali village, Mardan ...


References


Sources

*


External links


Constitution of Islamic Republic of Pakistan
includin

via Law and Justice Commission
Full Text and Case Law
via Zain Sheikh & Associates
Urdu text
via National Assembly
Laws & Order, 2002 (Updated Version)
{{Authority control 1973 in law 1973 documents Government documents of Pakistan Pakistani philosophical literature History of Pakistan Pakistan Movement