Chapter # 2 – Constitutional Development in Pakistan
2.2.9. Discuss the Salient Features of 1973 Constitution.
After the 1971 general elections, the Pakistan People’s Party came into power. On April 17, 1972, a commission was tasked by the National Assembly to draft a new constitution. The draft was presented in the assembly on October 20, 1972, and received presidential assent on April 12, 1973. The new constitution came into effect on August 14, 1973, and continues to govern the country to this day.
Key Features of the 1973 Constitution:
- Written Constitution: – Like its predecessors, the 1973 Constitution was a written document.
- Detailed Constitution: – With 280 articles, 12 parts, and 7 schedules, it was comprehensive in scope.
- Preamble: – Like the 1956 and 1962 Constitutions, the Objectives Resolution is included in the preamble of the 1973 Constitution, outlining the fundamental objectives guiding the state.
- Name of Country: – Like previous constitutions, the 1973 Constitution designates Pakistan as the Islamic Republic of Pakistan, emphasizing its Islamic identity.
- Federal System: – Pakistan was established as a federation with autonomous provinces.
- Form of Government: – A parliamentary system was adopted, with the Prime Minister as the head of government and the President as the head of state.
- Prime Minister: The Prime Minister, serving as the head of the executive branch, is elected from among the members of the National Assembly by its members. As the chief executive, the Prime Minister holds the authority to select the cabinet from the National Assembly’s members.
- Head of State: The President, chosen by the National Assembly, assumes the role of the head of state. Eligibility for the presidency requires the individual to be over 40 years of age and a Muslim. While primarily symbolic, the President possesses certain discretionary powers, such as appointing judges to the Supreme Court and High Courts, as well as Vice-Chancellors for public-sector universities, upon the advice of the Prime Minister.
- Definition of a Muslim: – The 1973 Constitution defines a Muslim as someone who believes in the oneness of Allah, the Quran as the final holy book, the Day of Judgment, and Muhammad (PBUH) as the last prophet.
- Islam as the State Religion: – Unlike the previous constitutions, the 1973 Constitution explicitly declares Islam as the state religion, underscoring its central role in the governance and identity of Pakistan.
- Muslim Head of the State and Government:- Article 41 of the Constitution of Pakistan stipulates that the President, and PM of Pakistan must be a Muslim. Under the 1956 constitution this condition applied to the president only and not to the PM. In the 1962 constitution Presidential office of the PM did not exit.
- Two-House Parliament/Bicameral Legislature: – The 1973 Constitution establishes a bicameral legislature, comprising a lower house and an upper house.
- Lower House: Named the National Assembly, the lower house is directly elected by the people. It holds crucial roles in both government formation and legislative functions.
- Upper House: Referred to as the Senate, the upper house’s composition is based on parity, with an equal number of senators elected by each of the four provincial assemblies. The Senate primarily reviews legislation passed by the National Assembly.
- Council of Islamic Ideology: – The constitution establishes a Council of Islamic Ideology tasked with advising on the compatibility of existing and proposed legislation with Islamic principles, ensuring adherence to Islamic law within the legal framework of Pakistan.
- Islamic Law: – The 1973 Constitution of Pakistan explicitly stated that laws would be aligned with Islamic law. Article 227 of the Constitution declares that no law would be enacted that is repugnant to the injunctions of Islam, as laid down in the Quran and Sunnah
- National Language: – Urdu was declared the national language, while English remained an official language.
- Fundamental Rights: – Articles 8-28 enshrined fundamental rights for Pakistani citizens.
- Amendments Constitution: – Amendments to the constitution require a two-thirds majority.
- Independence of Judiciary: – The constitution affirmed the independence of the judiciary from the executive.
- Universal Suffrage: – The 1973 Constitution of Pakistan established universal suffrage, granting voting rights to all adult citizens of Pakistan without any discrimination based on gender, race, religion, or property ownership.
- Rule of Law: – The 1973 constitution established the rule of law in the country.
- High Treason: – The 1973 constitution of Pakistan established severe penalties for acts aimed at subverting or abrogating the constitution. Article 6 of the constitution deemed such actions as acts of high treason, punishable by death or life imprisonment. This provision underscored the gravity with which the constitution regarded any attempts to undermine the foundational principles of the state and its governance.
Amazing notes
i am so happy that we have a plateform from where we can easily find the slo wise ntes of akueb.it is an amazing website.
Thank you for visiting our site. We appreciate your interest and hope you found the information valuable. Please feel free to return anytime for updates and new content