Salient Features of 1973 Constitution of Pakistan
Introduction:
The present constitution is the 3rd constitution of the Pakistan which was
drafted and passed by the National Assembly of Pakistan on 10th April 197. It
was authenticated by the president on April 12th 1973 and enforced on August
14, 1973. Following are the salient features of this constitution.
Written Constitution: Like the previous constitution of 1956 and 1962, the
constitution of 1973 is in written document. It is the longest constitution of
Pakistan. It consists of a preamble and 280 articles classified into 12 chapters
and 6 schedules and some amendments. Hence it is a comprehensive and
comparatively more detailed than the previous ones.
Preamble: The principles and provisions in the objective resolution have been
made preamble of the constitution. It specified that sovereignty over the entire
universe belong to almighty Allah. It has been specified that the political
authority shall be exercised by the representatives of the people. The preamble
also reaffirms its faith in democracy, equality, liberty and social justice as
enunciated by Islam.
Islamic Republic: According to the constitution, Pakistan shall be an Islamic
Republic. The head of the state shall be elected by the National Assembly,
provincial assemblies and Senate for a term of 5 years. He may be related for
another term also.
Rigid or Flexible: The constitution is neither too rigid like the American
constitution nor too flexible like the British substitution. Article 239 provides
the procedure of amending the constitution. A bill to amend the constitution
must be passed by both the houses of parliament separately by 2/3 majority
vote. After that the bill submitted to the president for his assent. If the
president signs the bill the constitution will be amended accordingly.
Parliamentary Form: The constitution provides parliamentary form of
government at center as well as at provinces. Prime Minister is the head of the
federal government and the chief minister is the head of provincial government.
Both Prime Minister and the chief minister along with their cabinet are the
member of assembly and answerable and responsible for their conduct and
policies in assemblies.
Fundamental Rights: The constitution of 1973 incorporates all the
fundamental rights that were ensured under the defunct constitution. Neither
the executive nor the parliaments are authorized to enact laws repugnant to
these rights otherwise the courts will declare such laws to be unconstitutional.
Some of these rights included freedom of movement, freedom of assembly,
freedom of association, freedom of profession, religious minorities’ freedom and
other freedoms etc.
High Treason: According to the constitution of 1973 the act of
unconstitutional abrogation or suspension of the constitution has been
declared as the act of high treason. Former president Pervez Musharraf had
been sentence to death by the Supreme Court of Pakistan due to suspension of
constitution.
Single Citizenship: The constitution of Pakistan 1973 has established the
principle of single citizenship. According to this Principal the rights and duties
of the citizens are determined by the federal constitution only. Thus the people
throughout Pakistan are citizens of Pakistan.
Pakistan to be a Welfare State: The constitution reflects the spirit of a welfare
state. It provides that illiteracy shall be removed, prostitution, gambling and
consumption of alcoholic liquor shall be prohibited and well-being of the people
irrespective of caste, sex, creed, race, will be secured by raising their standard
of living.
Principles of Policy: The constitution of 1973 health set the principles of
policy:
Local electoral bodies will be setup for solving local problems
The woman shall be given full representation in all spheres of national life.
Social justice shall be promoted.
Bonds with Muslim world shall be strengthened.
Direct Method of Election: The constitution of 1973 gives a direct method of
election. The members of National Assembly, the provincial assemblies are
directly elected by the people. While in 1962 constitution members of basic
democracies elect president and members of National Assembly.
Islamic Ideology: The 1973 constitution of Pakistan is strictly based on
Islamic ideology. Article one of the constitution declares Pakistan to be an
Islamic polity. The Muslims were advises to implement the teachings of Quran
and Sunnah in the daily life. Islam is a state religion. Besides, the council of
Islamic ideology it has been made obligatory for the president and Prime
Minister to be a Muslim.
Position of the President: The president is the head of the state according to
constitution of Pakistan 1973. He represents the unity of Republic. He is
choosing for a period of 5 years by members of parliament and all the
provincial assemblies. He appoints all the top ranking military and civil officials
on the advice of Prime Minister. All the bill passed by the parliament must be
assented by him.
SALIENT FEATURES OF CONSTITUTION OF 1973
After general elections of 1971, Pakistan People Party came in rule. On 17th
April, 1972 a commission was formed by national assembly to make the draft
for a new constitution. This draft was presented in assembly on 20th October,
1972. The draft made was given assent of President on 12th April, 1973.
The new constitution was enforced on 14th August, 1973 in the country and
still the country is being ruled by this constitution.
Written Constitution
Just like the old constitutions of Pakistan, constitution of 1973 was also a
written constitution.
Detailed Constitution
Constitution of 1973 was a detailed constitution with 250 articles, 12 parts
and 7 schedules.
Preamble
Objective resolution was included in preamble of this constitution. It states
that sovereignty belongs to Allah Almighty.
Name of Country
Name of country declared was “Islamic Republic of Pakistan.” Islam was
declared as state religion.
National Language
The constitution declared Urdu as national language. However, English was
made official language.
Federal System
According to the constitution, Pakistan shall be a federation where the units or
the provinces shall be autonomous.
Form of Government
The constitution stated that there shall be parliamentary form of government
where prime minister shall be the head of the government and president shall
be the head of the state.
Bicameral System
The constitution of 1973 introduced bicameral system in the country. National
assembly and Senate were the two houses introduced for legislature.
Fundamental Rights
Article 8-28 of the constitution gave fundamental rights for citizens of Pakistan.
Principles of Policy
Article 29-40 of the constitution introduced directive principles for state policy.
Rigid Constitution
Constitution of 1973 is a rigid constitution. At least two-third majority is
required to amend the constitution.
Direct Elections
The constitution introduced method of direct elections for national as well as
provincial assemblies.
Independence of Judiciary
The constitution declared that the judiciary shall be independent of executive.
Referendum
The constitution authorizes the president to hold referendum on any national
issue.
Rule of Law
The 1973 constitution establishes rule of law in the country.
High Treason
According to the constitution, the act of unconstitutional abrogation of the
constitution has been declared as act of high treason.
Definition of Constitution:
"Set of Rules & Regulations on which a state runs is called Constitution".
Constitution of Pakistan 1973:
The constitution of Pakistan consists of 280 Articles & 7 schedules.
Salient Features of Constitution of Pakistan:
The Constitution of 1973 is strikingly different from the earlier Constitution of
1956 and 1962. It has the following salient features.
1. Written Constitution
Like the previous constitutions of 1956 and 1962 the Constitution of 1973 is a
written document. It is very comprehensive and consists of twelve parts
consisting of 280 articles.
2. Introductory and the Objectives Resolution
It commences with an introductory which slates the Islam shall be state
religion. The principles and provisions set out in the Objectives Resolution have
been made substantive part of the constitution.
3. Islamic System
The inclusion of Islamic Provisions has given the 1973 Constitution an
unprecedented Islamic character. It ensures an Islamic system in the country.
4. Rigid Constitution
It is a rigid constitution. No Government can change it at will. It is not easy to
make amendments in it. Two-third majority of both the Houses is required for
this purpose.
5. Parliamentary form of Government
The 1973 Constitution proposes a Parliamentary form of Government in the
country. Prime minister is the head of the Parliamentary system. He is leader of
the Majlis-e-Shoora (Parliamentary). He is elected on direct adult franchise
basis. The Prime Minister selects a cabinet of central ministers from the
members of Parliament which conducts the affairs of the country. According to
1973 Constitution the Prime Minister enjoys wide powers.
6. Bicameral Legislature
The Constitution provides for the establishment of a bicameral legislature in
Pakistan. The Majlis-e-Shoora (Parliament) consists of two Houses named
Senate and National Assembly. The Senate or the Upper House consists of 63
members (the 8th Amendment has raised this number to 87). The National
Assembly consists of 200 members (Now this number has been raised to 207).
The Majlis-e-Shoora enjoys wide powers of legislature.
7. Fundamental Rights
The 1973 Constitution ensures the following fundamental rights to the citizens
of Pakistan. Security of person Safeguard against unlawful arrest and
detention Prohibition of slavery and forced labor Freedom of movement
Freedom of assembly Freedom of association Freedom of business Freedom of
speech Freedom of profess religion Right to hold property Equality before law
Right to preserve language, script and culture Safeguard against discrimination
in services.
8. Independence of Judiciary
The Constitution stresses upon the establishment of an independent judiciary.
Full job security has been provided. The judges are appointed by the President.
They cannot be removed from service before the end of their term except on the
recommendation of the Supreme Judicial Council. In addition the Judges are
paid respectable salaries.
9. National Language
The 1973 Constitution has declared Urdu as the national language of Pakistan.
However English has been retained as the official language for 15 years.
Similarly regional languages have been provided full protection.
10. Rule of Law
The 1973 Constitution establishes rule of law in Pakistan. According to rule of
law no person can be deprived of his fundamental rights. All the citizens of
Pakistan are equal before law.