Constitution of Pakistan 1973
The National Assembly of Pakistan passed the constitution on 10th April 1973. All laws are confirmed with injunctions of Islam as led down in the Quran and Sunnah. The creation of institutions such as the Shariat Court and Council of Islamic Ideology.
Background:
Abrogation of the 1962 Constitution on March 25, 1969, led to the second martial law in the country Yahya Khan handed over the 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.
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Constitution of Pakistan 1973 |
Constitution Making
A constitutional Committee comprising National Assembly members from all parties was set up in April 1972 Law Minister was the Chairman of this Committee.
All parties agreed on the future political system in October 1972. The Committee reported on December 31, 1972. After long deliberating and compromises final draft was approved unanimously on April 10, 1973. The new Constitution was enforced on August 14, 1973.
The Constitution functioned since then with two gaps it remained operational during the following periods.
1973-77 Operational
1977-1985 Suspended
1985-1999 Operational after changes
1999-2002 Suspended
2002 on-wards Operational after changes
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| Mazar i Quaid karachi |
Features of Constitution
Parliamentary System
It was a parliamentary constitution with having powerful Prime Minister as head of Government with a very weak President. The president must act on the advice of the PM. All his orders were to be countersigned by PM. Prime minister to be elected by the National Assembly. PM exercised all executive authority. PM is answerable to the National Assembly.
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| Constitution of Pakistan |
In 1965 powers of the President were increased. He enjoyed some discretion in the appointments of PM. He had the power to dissolve the National Assembly. He had the powers of appointment of caretaker PM. He gives his assent to bills passed by the parliament of returns these.
President
Must be at least 45 years of age. Muslims qualified to become members of the National Assembly. He was elected by the Parliament and the Provincial Assembly for 5 years.Parliament with two houses
The Upper House is called the Senate in this house equal representation is given to Provincial Seats are reserved for the tribal areas. Women and technocrats. Its original strength was 63 which was later raised to 87 and then 100.
Senate is elected indirectly. It is a permanent House as half of its members are elected after three years.
Lower House National Assembly is elected on a Population basis. Its Original strength was 210 but now it is 342. The National Assembly is elected for 5 years.
Senate Indirect elections while National Assembly Direct elections
The Voting age for the franchise is lowered from 21 to 18 years of age.
Parliament under the 1973 Constitution is a powerful legislative body. It enjoys legislative powers. It has control of the executive through questions resolute Parliamentary Committees etc.
The National Assembly is more powerful than the Senate. The budget is presented before the National Assembly Cabinet and is answerable to the National Assembly.
Federal System
The Federation of Pakistan has four provinces and federally administered areas
Two lists are given in the constitution. Federal list and Concurrent list. Residuary powers belong to Provinces.
Provincial Structure
Provincial Governors are appointed by the President on the advice of the Prime Minister. The elected Chief Minister exercises executive powers. A parliamentary system exists in the Provinces.
The size of Provincial assemblies in 2002.
Punjab 371
Sindh 168
Balochistan 65
Enough provincial autonomy is guaranteed. A tradition of a strong centre continues. The Centre has emergency powers. Governor's rule can be imposed if the Government cannot function in the Provinces. Provinces are dependent on centres for Finances.
Principles of Policy:
Islamic Provisions are provided in Principles of Policy. Foreign policy principles are also given under this heading.
Fundamental Rights
Fundamental Rights are secured in the constitution and are implemented through the highest court.
Islamic Provisions
- The title of the State is the Islamic Republic of Pakistan
- The Objectives Resolution was the preamble in the initial constitution but through article 2-A of the 8th amendment, it was inserted in the constitution in 1965.
- Islam was declared the State Religion of Pakistan.
- The definition of Muslim was included by an Amendment.
- Principles of Policy also carry some Islamic clauses.
- The Council of Islamic Ideology is established under the constitution.
- Federal Shariat Court was added in 1981.
National Language
Urdu is declared a National Language, However, English may be used for official purposes until arrangements are made for its replacement by Urdu.
The Provincial Assembly may prescribe measures for teaching promotion and use of a provincial language in addition to the National language.
National Security Council
National Security Council was added in 2002 in an advisory capacity.
Judiciary
An independent judiciary is given under the constitution Supreme Court of Pakistan is the highest court. One High Court is established in each province and one in Azad Kashmir. A chain of lower courts is there under the High courts.
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| Supreme Court of Pakistan |
