Pakistan Studies

Assignment # 01
Pakistan Constitution of 1973

Group Members
1)Faraz ul Haq
2)Muneeb Ahmed Khan
3)Syed Abdullah Ahmed
4)Syed Raza Hussain Naqvi
5)Syed Zain Ur Rehman
6)Waleed Ahmed Mirza
7)Muhammad Taha Faruqi
Table of Contents

1. Constitution of
Pakistan…………………………………………3

2. Constitution of
1973………………………………………………3

3. Islamic provisions of 1973

constitution…………………6

4. Comparision with Previous…………………………….

………8

5. Preamble………………………………………………………….
…….8

6. Amendments……………………………………………………
……10

7. Reference……….
…………………………………………………….15
Constitution of Pakistan

The Constitution of Pakistan is the supreme law of Pakistan.

There have been several documents known as the Constitution
of Pakistan. It is also known as the Constitution of 1973, and is
the successor to two earlier documents, the Constitution of
1956 and the Constitution of 1962.The Constitution of 1973 is
the existing constitution, which provides for a parliamentary
system with a President as head of state and popularly elected
Prime Minister as head of government. Pakistan has a
bicameral legislature that consists of the Senate (upper house)
and the National Assembly (lower house). Together with the
President, the Senate and National Assembly make up a body
called the Majlis-i-Shoora (Council of Advisors) or Parliament.

Constitution of 1973 (Existing

Constitution)

Drafting and enactment:

After gaining power, Zulfikar Ali Bhutto invited the leaders

of the parliamentary parties to meet him on 17 October 1972,
which resulted in an agreement known as the 'Constitutional
Accord', after an intensive discussion. As per consultations
floated by PPP, the National Assembly of Pakistan appointed a
committee, of 25 members, on 17 April 1972, to prepare a draft
of the permanent Constitution of Pakistan. Mohammad Ali
Kasuri was the elected chairman of the Committee. On 20
October 1972, the draft bill for the Constitution of Pakistan was
signed by leaders of all parliamentary groups in the National
Assembly. A bill to provide a constitution for the Islamic
Republic of Pakistan was introduced in the Assembly on 2
February 1973. The Assembly passed the bill unanimously on
19 April 1973 and endorsed by the acting President Zulfikar Ali
Bhutto on 12 April 1973. The Constitution came into effect from
14 August 1973. On the same day, Bhutto took over as the
Prime Minister and Choudhary Fazal-e-Elahi as the President of
Pakistan.

Focused Issues:
This constitution represented a compromise consensus on
three issues:
1. The role of Islam.
2. The sharing of power between the federal
government and the provinces.
3. The division of responsibilities between the President
and the Prime Minister, with a greatly strengthened
position for the latter.

Outline:
The Constitution provided for federal system. The Federal
Legislature is to function like the British Parliament. In order to
allay fears of the provinces concerning domination of the
Centre, the constitution established a bicameral legislature with
a Senate (the upper house), providing equal provincial
representation, and a National Assembly (the lower house),
allocating seats according to population.
Islam has been declared as the State religion. The
Constitution named Pakistan as the Islamic Republic of
Pakistan. Only a Muslim could become the President or the
Prime Minister of Pakistan. No law repugnant to Islam shall be
enacted and the present laws shall also be Islamized.
The President must be a Muslim not less than 45 years of
age, elected by members of Parliament. He is to hold office for
a term of five years. The President could be removed by the
resolution of parliament of not less than two-thirds of the total
membership. The President could issue ordinances when the
Parliament is not in session. The President has the power of
granting pardon and the right to be kept informed by the Prime
Minister on all matters of internal and foreign policies.

The Constitution sets-forth the Parliamentary System of

Government. The head of the Government, according to the
Constitution, will be the Prime Minister. The Prime Minister and
his Cabinet is accountable to the National Assembly for his
actions. The Prime Minister would be elected by the majority of
the National Assembly.
The Constitution of 1973 introduced a new institution
known as the 'Council of Common Interests' consisting of Chief
Ministers of the provinces and an equal number of Ministers of
the Federal 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 innovation in the Constitution of 1973 is the
establishment of a National Finance Commission (NFC)
consisting of the Federal and Provincial Finance Ministers and
other members to advice on distribution of revenues between
the federation and the provinces.
 The Principles of Policy includes Islamic way of life,
promotion of Local Government institutions, 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 1973 Constitution, Fundamental Rights include
security of person, safeguards as to arrest and detention,
prohibition of slavery and forced labour, freedom of movement,
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. Urdu is the national language.

Islamic Provisions In The Constitution Of

1973

• The name 'Islamic Republic of Pakistan' is selected

for the state of Pakistan.

• Islam is declared as the state religion of Pakistan.

• Steps shall be taken to enable the Muslims of
Pakistan, individually or collectively, to order their
lives in accordance with the fundamental principles
and basic concepts of Islam.

• Steps shall be taken to make the teaching of the Holy

Quran and Islamiyat compulsory, to encourage and
facilitate the learning of Arabic language and to
secure correct and exact printing and publishing of
the Holy Quran.

• Proper organization of Zakat, Auqaf and Mosques is

ensured.

• The state shall prevent prostitution, gambling and

consumption of alcohol, printing, publication,
circulation and display of obscene literature and
advertisements.

• Only a Muslim could be qualified for election as

President (male only) and Prime Minister (male or
female). No restriction as to religion or gender on any
other post, upto 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 Holy
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 Council. The functions of
the Islamic Council shall be to make
recommendations to Parliament and the Provincial
Assemblies about the ways and means of enabling
and encouraging the Muslims of the Pakistan to order
their lives in accordance with the principles of Islam.

• The President or the Governor of a province may, or

if two-fifths of its total membership so requires, a
House or a Provincial Assembly shall, refer to the
Islamic Council for advice on any question as to
whether a proposed law is or is not repugnant to the
injunctions of Islam.

• For the first time, the Constitution of Pakistan gave

definition of a Muslim which states:

'Muslim' means a person who believes in the unity

and oneness of Almighty Allah, in the absolute and
unqualified finality of the Prophet hood of Mohammad
[PBUH], the last of the prophets, and does not believe in,
or recognize 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
Mohammad.

• The state shall endeavor to strengthen the bonds of

unity among Muslim countries.

• The Second Amendment (wef 17 September 1974) of

the 1973 Constitution declared for the first time the
Qadianis or the Lahoris as non-Muslims, and their
leader, Mirza Ghulam Ahmed Qadian, who had styled
 himself as a so-called prophet of Islam, as a fraudster
and imposter Nabi.

Comparison with Previous Constitutions

With regard to provincial rights the 1973 constitution was

in fact the most centralized of Pakistan's various constitutions.
The Government of India Act of 1935, which Pakistan adopted
as its first working constitution, granted the federal
government 96 items of power. The 1956 constitution reduced
that number to 49, and this was retained in the 1962
constitution. In 1973, however, it was then enlarged to 114.

Preamble

1. Whereas sovereignty over the entire Universe

belongs to Almighty Allah alone and the authority to
be exercised by the people of Pakistan within the
limits prescribed by Him is a sacred trust.

2. And whereas it is the will of the people of Pakistan to

establish an order.

3. Wherein the State shall exercise its powers and

authority through the chosen representatives of the
people.
4. Wherein the principles of democracy, freedom,
equality, tolerance and social justice, as enunciated
by Islam, shall be fully observed.

5. Wherein the Muslims shall be enabled to order their

lives in the individual and collective spheres in
accordance with the teachings and requirements of
Islam as set out in the Holy Quran and Sunnah.

6. Wherein adequate provision shall be made for the

minorities freely to profess and practice their
religions and develop their cultures.

7. Wherein the territories now included in or in

accession with Pakistan and such other territories as
may hereafter be included in or accede to Pakistan
shall form a Federation wherein the units will be
autonomous with such boundaries and limitations on
their powers and authority as may be prescribed.

8. Therein shall be guaranteed fundamental rights,

including equality of status, of opportunity and before
law, social, economic and political justice,
and freedom of thought, expression, belief, faith,
worship and association, subject to law and public
morality.

9. Wherein adequate provision shall be made to

safeguard the legitimate interests of minorities and
backward and depressed classes.

10. Wherein the independence of the judiciary shall be

fully secured.
 11. Wherein the integrity of the territories of the
Federation, its independence and all its rights,
including its sovereign rights on land, sea and air,
shall be safeguarded.

12. Sothat the people of Pakistan may prosper and

attain their rightful and honored place amongst the
nations of the World and make their full contribution
towards international peace and progress and
happiness of humanity.

Now, therefore, we, the people of Pakistan.

• Cognizant of our responsibility before Almighty
Allah and men.
• Cognizant of the sacrifices made by the people
in the cause of Pakistan.
• Faithful to the declaration made by
the Founder of Pakistan, Quaid-i-Azam
Mohammad Ali Jinnah], that Pakistan would be a
democratic State based on Islamic principles
of social justice.
• Dedicated to the preservation of democracy
achieved by the unremitting struggle of the
people against oppression and tyranny.
• Inspired by the resolve to protect our national
and political unity and solidarity by creating an
egalitarian society through a new order.
• Do hereby, through our representatives in the
National Assembly, adopt, enact and give to
ourselves, this Constitution.
Amendments
During the last 36 years there have been 17 amendments to
the constitution. Some of these amendments especially the 8th
and the 17th, amended several articles. There has been some
lately of a return to the original constitution. This appears
impractical for more than one reason. The constitution is a
living document which needs periodic amendment to meet ever
changing social, economic and political challenges. India has
amended its constitution many more times we have. Some of
the changes made by us since 1973 have been positive in
nature while others have negative impact. Further amendments
should focus on strengthening the democratic institutional
frame work of the state. Only those previous changes should be
targeted for omission, which tend to weaken or negate the
aspirations set out in the preamble to the constitution.

• First Amendment (1974)

• Second Amendment (1974)
• Third Amendment (1975)
• Fourth Amendment (1975)
• Fifth Amendment (1976)
• Sixth Amendment (1976)
• Seventh Amendment (1977)
• Eighth Amendment (1985) - validates amendments
made by Gen. Zia-ul-Haq
• Tenth Amendment (1987)
• Twelfth Amendment (1991)
• Thirteenth Amendment (1997)
• Fourteenth Amendment (1997)
• Sixteenth Amendment (1999)
1. Presented in National Assembly on January 7, 1999.
[Dawn Report]
 2. Passed by the Senate on June 3, 1999. [Dawn Report]
[The News Report]
3. Passed by the National Assembly on July 27, 1999.
[Dawn Report] [The News Report]
4. Seventeenth Amendment (2003) - parliamentary
validation of amendments made by Gen. Pervez
Musharraf's Legal Framework Order with certain
changes
5. Passed by National Assembly on December 29, 2003.
6. Passed by Senate on December 30, 2003.
7. Received President's assent on December 31, 2003.

Name of the Act: The Constitution (First Amendment)

Act, 1974
Date of enactment: May 8, 1974
Articles amended: 1, 8, 17, 61, 101, 127, 193, 199, 200, 209,
212, 259, 260,
272, and amendment of First Schedule
Nature of amendment: Most important amendments were to
Article 1 where clause (2) was deleted from the constitution.
This clause referred to the representation of East Pakistan in
the Federation of Pakistan. Since Bangladesh had been
recognized by Pakistan this amendment became necessary.

Name of the Act: The Constitution (Second Amendment)

Act, 1974
Date of enactment: September 21, 1974
Articles amended: 106 and 260
A new clause was added after clause (2) in Article 260.
Nature of amendments: Amendment dealt with the definition of
Muslim and Non-Muslim for legal purposes.

Name of the Act: The Constitution (Third Amendment)

Act, 1975 [XXII of 1975]
Date of enactment: February 18, 1975
Articles amended: 10 and 232
- clauses (4), (5) and (7) of Article 10
amended.
- paragraph (b) of clause (7) in Article 232
Nature of amendments: – Amendment constituted to curtail the
rights of Detainees in cases of preventative custody and
increased the powers of the detaining authorities.

Name of the Act: The Constitution (Fourth Amendment)

Act, 1975
Date of enactment: November 25, 1975
Articles amended: 8, 17, 19, 51, 54, 106, 199, 271, 272, 273,
First schedule and Fourth Schedule
Nature of amendments: Amendment to ensure limiting the
powers of High Courts in interfering with cases related to
preventative detainment.

Name of the Act: The Constitution (Fifth Amendment)

Act, 1976 [ LXII of 1976 ]
Date of enactment: September 15, 1976
Articles amended: 101, 160, 175, 179, 180, 187, 192, 195, 196,
199, 200, 204,
206, 212, 260, 280 and First Schedule.
Nature of amendments: Major amendment related to the status
of the Governors, The Chief Justice and the discretionary
powers of the High Courts and Supreme Courts.

Name of the Act: The Constitution (Sixth Amendment)

Act, 1976 [ LXXXIV of 1976 ]
Date of enactment: January 4, 1977
Articles Amended: 179, 195, 246, 260
Nature of amendments: Amendment to extend the stay of the
Chief Justices of Supreme Courts and High Courts beyond their
retirement limit in case their tenure had not been completed by
that time.

Name of the Act: The Constitution (Seventh

Amendment) Act, 1977 [ XXIII of 1977 ]
Date of enactment: May 16, 1977
Articles amended: 101, 245
New Article inserted: 96 A [ceased to remain in force after
September 30, 1977]
Nature of amendments: Amendment for the institution of a
referendum in order to seek public confidence in the Prime
Minister.

Name of the Act: The Constitution (Eight Amendment)

Act, 1985 [ XVIII of 1985 ]
Date of enactment: November 11, 1985
Articles amended: 48, 51, 56, 58, 59, 60, 75, 91, 101, 105, 106,
112, 116, 130,
144, 152 A, 270 A and addition of new Schedule, the Sixth
Schedule.
Nature of amendments: Amendment to increase the overall
powers of the President

Name of the Act: The Constitution (Tenth Amendment)

Act, 1987 [ I of 1987 ]
Date of enactment: March 29, 1987
Articles amended: 54 and 61
Nature of amendments: Under amendment of Article 54 and 61
working days in a
year of National Assembly and the Senate were
curtailed form 160 to 130.

Name of the Act: The Constitution (Twelfth

Amendment) Act, 1991 [ XIV of 1991 ]
Date of enactment: July 28, 1991
New Article inserted: 212 B
Provisions amended: Fifth Schedule.
Nature of amendments: Amendment to constitute special
courts for heinous crimes as well as increase the pay of Court
Judges.

Name of the Act: The Constitution (Thirteenth

Amendment) Act, 1997 [I of 1997]
Date of enactment: April 3, 1997
Article amended: 58, 101, 112, 243
Nature of amendments: Amendment to withdraw powers of the
President and Governors to dissolve National and Parliamentary
assemblies.
Name of the Act: The Constitution (Fourteenth
Amendment) Act, 1997
[XXIV of 1997]
Date of enactment: July 3, 1997
New Article inserted: 63A
Nature of amendments: Insertion of Article 63A to provide
disqualification of a member of Parliamentary party on the
ground of defection.

Name of the Act: The Constitution (Fifteenth

Amendment) Act, 1998
Date of enactment: August 28, 1998
New Article Inserted: 2B
Nature of Amendment: In view of the fact that the Objectives
Resolution is now substantive part of the Constitution. it is
necessary that Quran and Sunnah are declared to be the
supreme law of Pakistan, and the Government is empowered to
take necessary steps to enforce Shariah.

Name of the Act: The Constitution (Sixteenth

Amendment) Act, 1999
Date of enactment: August 5, 1999
New Article Inserted: 27
Nature of Amendment: Quota system was extended for another
40 years, i.e until 2013, in order to safeguard minorities and
civil rights.

Name of the Act: The Constitution (Seventeenth

Amendment) Act, 2002
Date of enactment: August 21, 2002
New Article Inserted: 41, 58, 112, 152A, 179, 195, 243, 268 and
270AA
Nature of Amendment Amendments made to the constitution
for the perpetuation of Rule by Gen. Musharraf. These
amendments were augmented by the inclusion of the Legal
Framework Order (LFO) into the constitution.
References

1. http://www.pakistani.org/pakistan/constitution/part
3.ch2.html

2. http://www.na.gov.pk/history.htm The
Parliamentary History

3. http://www.na.gov.pk/history.htm The
Parliamentary History

4. http://www.storyofpakistan.com/articletext.asp?
artid=A054

5. http://ghazali.net/book1/chapter_3.htm Islamic
Pakistan
6. http://ghazali.net/book1/chapter_3.htm Islamic
Pakistan

7. ARCHIVES: 1956 (Preamble)

8. Pakistan Affairs, Gul Shahzad Sarwar
9. http://ghazali.net/book1/chapter_4.htm
10. Pakistan Affairs by Gul Shahzad Sarwar
11. Pakistan Affairs by Gul Shahzad Sarwar
12. http://ghazali.net/book1/chapter_5.htm Islamic
Pakistan

13. http://ghazali.net/book1/chapter_5.htm & The

Last Days of United Pakistan by G W Chowdhury

14. The Last Days of United Pakistan by G.W.

Chowdhury

15. http://www.pakistani.org/pakistan/constitution/
16. Part IX: Islamic Provisions