PREFACE
The Constitution of Pakistan 1973 is the reflection of the democratic aspiration of the people of Pakistan. Constitution is the supreme law of the land and is considered an instrument by which the whole system of Government can run. It determines traits for Federal and Provincial Governments.
HISTORICAL PERSPECTIVE OF THE CONSTITUTION
On 23 March 1956, the first Constitution was introduced. This fails to satisfy the different sections of the society. On 1 March 1962, the new Constitution was submitted. It also could not meet the desired target of political stability and was abolished in 1969.
On 17 April 1972, Bhutto appointed a committee to draft a constitution. All political parties having membership in the Assembly were given representation on the constitutional committee in proportion to their strength in the Assembly.
MEANING OF CONSTITUTION
According to Black’s Law Dictionary,
A nation or state’s fundamental and organic law establishes the institution and apparatus of Government.
DEFINITION OF CONSTITUTION
According to Aristotle,
The Constitution is the way of life the state has chosen for itself.
According to Merriam-Webster,
Constitution is a set of fundamental principles and laws of a nation, state, or social group that determine the powers and duties of a government and guarantee certain rights to the people in it.
SOURCES OF THE CONSTITUTION OF 1973
The following are the sources of the Constitution.
- Act of 1935
- Objective Resolution
- Constitution of 1956
- Interim Constitution of 1972
SALIENT FEATURES OF THE CONSTITUTION OF 1973
Following are the salient features of the Constitution of 1973.
- Preamble
- Written Constitution
- Rigid Constitution
- State religion
- Parliamentary Form of Government
- Federal System
- Bicameralism
- Fundamental rights
- Principals of Policy
- Independence of judiciary
- Rule of Law
- Islamic Provision
- Single Citizenship
- Direct election
- Referendum
- National language
1. PREAMBLE
The Constitution of Pakistan 1973 opens with a preamble. This is a Preliminary part of the Constitution in which the broad features of the Constitution have been explained.
2. WRITTEN CONSTITUTION
The Constitution of Pakistan 1973 is a written constitution consisting of 280 articles & 6 Schedules, and 12 parts.
3. RIGID CONSTITUTION
The Constitution of 1973 is rigid because the amendment procedure is not easy. However, the Constitution of 1973 is not as rigid as the Constitution of the USA. The constitutional amendment related to the provinces can only be enforced after the consent of the related area.
4. STATE RELIGION
According to the Constitution, the religion of the state declares Islam.
5. PARLIAMENTARY FORM OF GOVERNMENT
The Constitution of Pakistan 1973 provides a Parliamentary form of Government. According to Article 50 of the Constitution of Pakistan 1973, there shall be Majlis-e Shora (parliament) consisting of two houses: the upper house is called the Senate, and the lower house is called the National Assembly.
6. FEDERAL SYSTEM
The Constitution of Pakistan 1973 provides a Federal system of Government. The Federal system consists of a Central Government and four Provincial Governments.
7. BICAMERALISM
The Constitution of 1973 established a bicameral legislature. The lower house represents the population, while the upper house is based on the principle of equal representation of federating units. The lower house is called the National Assembly, and the upper house is named the Senate.
8. FUNDAMENTAL RIGHTS
The fundamental rights are those of the citizens recognized and guaranteed by the Constitution. No law against fundamental rights can either be made or enforced. All such acts of the Government can be challenged in the courts, which are likely to threaten the fundamental rights of the citizens. The Constitution of 1973 also incorporated fundamental rights. The rights guaranteed to the citizens in the Constitution can be summed up as follows;
- Right of life
- Right to liberty
- Right to vote
- Right to ownership
- Right to earning
- Right to education
- Right to family
9. PRINCIPLES OF POLICY
Some of the basic principles of policy laid down in the Constitution of 1973 are as follows,
- The local elected bodies will be set up to solve the local problems
- Parochialism in any form will be discouraged
- The rights of minorities will be protected
- Social and economic justice will be established
10. INDEPENDENCE OF JUDICIARY
The Constitution of 1973 also stresses the establishment of the independence of the judiciary. So, in the Constitution of 1973, all those steps taken are considered necessary to ensure the court’s freedom.
11. RULE OF LAW
The Rule of law is another essential requirement of a truly democratic state. By the Rule of law, it simply means that no person can be arrested or punished or deprived of their rights against the law. The Rule of law also means equal citizens before the law, and no person is considered above the law.
12. ISLAMIC PROVISION
As Quaid-i-Azam said,
“I firmly believe that our salvation lies in following the golden rule of conduct set for us by our great lawgiver, the Holy Prophet (Peace be upon him).
Thus, the 1973 constitution has several Islamic provisions. Some of these are as follows;
- Pakistan shall be an Islamic Republic
- Sovereignty will belong to Allah
- The minorities’ rights shall be protected
- The teachings of the Quran and Sunnah shall be encouraged
13. SINGLE CITIZENSHIP
The Constitution of 1973 provides a system of checks and Balances in the country.
14. DIRECT ELECTION
The method of direct election was adopted in the Constitution of 1973.
15. REFERENDUM
The President has been authorized to hold a referendum on any national issue. The Prime Minister can also ask the President to help referendum to analyze the public opinion on any critical matter.
16. NATIONAL LANGUAGE
By Article 251 of the present Constitution, Urdu has been declared the national language of Pakistan, but the official language is English.
FINAL NOTE
The Constitution of 1973 of the Islamic Republic of Pakistan is the third Constitution of Pakistan. This was a unanimously approved constitution. It had critical Islamic clauses. This was implemented on 14 August 1973 and remained implemented to date. This Constitution provides a parliamentary form of Government.
REFERENCES
- Pakistan Studies by Waqar Ahmad Cheema
