Salient Features of the Constitution of 1973

1. Written constitution

It sets out the structure, powers and responsibilities of the federal and provincial governments, the relationship between state institutions and the rights and duties of citizens. A written constitution gives a legal framework for governing and helps prevent misuse of authority.

2. Preamble

The preamble declares that sovereignty over the entire universe belongs to Almighty Allah and that the authority exercised by the people is a sacred trust. It emphasises democracy, freedom, equality, tolerance and social justice according to Islam, and promises protection of minorities’ rights, an independent judiciary and a federation whose units enjoy autonomy within constitutional limits. These principles guide the interpretation and implementation of the Constitution.

3. Islamic Republic of Pakistan

Pakistan is declared an Islamic Republic and Islam the state religion (Article 2). Laws are to be brought into conformity with the injunctions of Islam in the Quran and Sunnah, and no law may be enacted repugnant to them. The Council of Islamic Ideology advises the legislature on whether proposed laws accord with Islamic principles.

4. Parliamentary system of government

The Prime Minister is head of government and exercises executive authority through the federal government. He is elected by the National Assembly and must keep the confidence of a majority of its members. The federal cabinet assists him and is collectively responsible to the Assembly, and the government may have to resign if it loses that confidence, which makes the executive accountable to elected representatives.

5. The President and his powers

The President is the constitutional head of state and represents the unity of the Republic, generally acting on the advice of the Prime Minister or cabinet. His responsibilities include appointing the Prime Minister in accordance with the Constitution, summoning and proroguing Parliament, giving assent to bills and other prescribed functions. He is Supreme Commander of the Armed Forces.

He is elected by an electoral college of both Houses of Parliament and the provincial assemblies, and must be a Muslim, at least 45 years old, and qualified for election to the National Assembly.

6. Federal system of government

Powers are divided between the federal government, which handles matters of national importance, and the provinces, which manage assigned matters. This recognises the different needs of the provinces, and institutions such as the Council of Common Interests help resolve disagreements and coordinate policy.

7. Bicameral legislature: Parliament

A major feature is a bicameral federal legislature. Article 50 provides that Parliament consists of the President and two Houses, the National Assembly and the Senate. The National Assembly is the lower house, with seats allocated mainly by population, elected by the people, and central in choosing the Prime Minister. The Senate is the upper house, giving the provinces representation that protects their interests in the federation. Both Houses take part in legislation under constitutional procedures, balancing population-based representation with a provincial voice.

8. Unicameral and bicameral legislatures compared

Unlike the 1956 Constitution (unicameral), the 1973 Constitution set up a bicameral Parliament. A unicameral legislature has one house, a bicameral one two. The Assembly represents the people mainly by population, while the Senate provides equal provincial representation, which mattered because the provinces differ greatly in population and size and the Senate was meant to give smaller provinces a voice in federal legislation.

9. Fundamental rights

Fundamental rights are mainly set out in Articles 8 to 28 and include equality before the law, protection of life and liberty, freedom of speech, religion, movement and association, and the right to assemble peacefully, subject to constitutional and legal restrictions. The Constitution also protects human dignity and the privacy of the home, and gives safeguards against slavery, forced labour and certain unlawful punishments. Article 8 makes laws inconsistent with fundamental rights void to the extent of the inconsistency.

10. Provincial government

There are provincial governments in the Punjab, Sindh, Khyber Pakhtunkhwa and Balochistan. Each has an elected provincial assembly making laws within its authority and overseeing the government. The Governor is the constitutional head; the Chief Minister, elected by the provincial assembly, heads the government and leads a cabinet collectively responsible to the assembly.

11. Powers and functions of provincial governments

Provinces administer assigned matters such as education, health, agriculture, local government and provincial public services. Assemblies make laws, approve provincial budgets and question ministers. The Council of Common Interests is the constitutional forum for specified subjects and for resolving differences with the federation.

The Eighteenth Amendment (2010) significantly strengthened provincial autonomy, transferring several responsibilities to the provinces and removing the Concurrent Legislative List, so the distribution of powers has developed through amendments since 1973.

12. Independent judiciary

The Supreme Court is the highest court and the High Courts exercise constitutional and other jurisdiction in their areas. The judiciary interprets the Constitution, settles disputes, protects citizens’ rights and can examine whether government actions and laws comply with the Constitution, supporting the rule of law and constitutional limits on the executive and legislature.

13. Principles of Policy

They guide the state in making laws and policy: social justice, people’s welfare, social and economic well-being, protection of family life and Islamic values, and the interests of disadvantaged groups. Their enforcement differs from that of fundamental rights.

14. Protection of minorities

Minorities may profess and practise their religions, subject to law, and preserve their cultures. Article 36 directs the state to safeguard their legitimate rights and interests, and the Constitution has provisions on protecting religious places and minority participation in public life.

15. National language

Article 251 declares Urdu the national language and provides for its official use; English may continue for official purposes until arrangements are made to replace it. Other languages and cultures may be protected and promoted under the law.

16. Representation of women

The Constitution provides for women’s participation, including reserved seats in the legislatures, to improve their role in decision-making. It also guarantees equality before the law and prohibits discrimination on grounds of sex, subject to its provisions.

17. Adult franchise and elections

Members of the National Assembly and provincial assemblies are chosen by election under constitutional and legal provisions. The Election Commission of Pakistan organises and conducts elections and performs other electoral duties, letting citizens take part in government and hold representatives accountable.

18. Council of Common Interests

A constitutional institution dealing with specified matters of shared concern between the federation and provinces, giving a forum for consultation, coordination and decision. It helps manage disagreements over resources, policies and responsibilities through constitutional procedures.

19. Amendment procedure

Amendments need special parliamentary procedures and the prescribed majority in both Houses. An amendment affecting the limits of a province also needs the approval of the relevant provincial assembly. This allows change while requiring broad support and protects the Constitution from alteration by ordinary legislation.

20. Supremacy and sanctity of the Constitution

The Constitution is the supreme law, and Parliament, the executive, provincial governments and other authorities must act within it. Article 6 addresses high treason in connection with abrogating or subverting the Constitution, emphasising the importance of preserving the constitutional order.

21. Direct elections

Members of the National Assembly and provincial assemblies are directly elected by the people. The Prime Minister is elected by the National Assembly and the Chief Minister by the provincial assembly. The President is elected indirectly by an electoral college of both Houses and the provincial assemblies, so the Constitution combines direct elections for the legislatures with an indirect election for the President.

22. High treason (Article 6)

Any person who abrogates, subverts, suspends or holds the Constitution in abeyance, or attempts or conspires to do so, by unconstitutional means commits high treason, and a person who aids or assists such an act may also be held guilty. The provision protects the Constitution and prevents the unconstitutional seizure of power. Parliament prescribes the punishment by law.