CRITIQUES ON CONSTITUTION OF 1973,

GRATITUDE:-

I am very thankful to the Mr. Muhammad Aslam Botani who is the Speaker of the
Balochistan Provincial Assembly, who helped me a lot on this assignment. I met his in
his chamber to conduct his interview on the critique on constitution of 1973. He gave me
the various valid points on the critiques on constitution which I describe in below:-

REPORT:-

The constitution provided for federal system. The federal legislature is to function like
British Parliament. In order to alley fears of the provinces concerning domination of the
center, the constitution established a bicameral legislature with a Sanete (the upper
house), provided equal representation , and a National Assembly (the lower house),
allocating seats according to population. The National Assembly has hegemony by one
province like Punjab, Due to this the other provinces has not the more participation in
legislation.

Islam has declared as the State religion. The constitution named Pakistan as the “Islamic
Republic of Pakistan”. Only a Muslim could the president or the Prime Minister of
Pakistan. The constitution provide the Islamic system but practically it doesn’t exist in
this state, if the constitute provide then Islamic laws should be imposed in whole
Pakistan.

Constitution of 1973 guaranteed independent judiciary system, wretched; it is partially

controlled by the executive. The major problem is appointment procedure, the president
can appoint them but they should be appointed by a separate independent commission
(the federal Shariat court and supreme judicial council).

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 CRITIQUES ON CONSTITUTION OF 1973,

The constitution of 1973 is quite rigid one because it cannot be easily amended. Article
239 provides a very rigid procedure for the amendment of the constitution. A billed of the
amendment must be passed by two third of the total membership of the assembly and
then Sanete should pass this bell by the majority of the total membership.

The constitution of several developed countries like Great Britain, US and France,
theoretically it is one of the best constitutions possible, but unfortunately contrasts
between theory and practice. Theoretically the constitution includes objective resolution
provides Islamic system where the principle of equality, justice, brotherhood will be
ensured but practically it is not in this country.

The constitution provides the three types of emergency and the power is vested to the
president of the Country, the emergencies are as under:

a) Emergencies due to the Internal Disturbances.

b) Emergency due to the breakdown of the constitution.
c) Financial emergency.

When there exists a grave emergency due to which the security of Pakistan on any part
thereof is threatened by war or external aggression, by internal disturbance beyond the
power of provincial Government to control. The president can proclaim the emergency.

During the emergency the Fundamental Rights can be suspended and the president is
empowered to declared right to move any court for the enforcement or such suspended
Fundamental Rights shall be remain suspended, for the period during which proclaimed
is enforced. The president can impose emergency if he thought that the law and order
salutation is not controllable by the provincial assemblies. The main authority should be
the in Parliament

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The president in case of unsatisfied that a situation has arisen whereby the economics
problems, financial stability of credit of Pakistan, or any part of thereof, is threatened, he
may, after consultation of the Governor of the Province or, as case may be, the governor
of the province is concerned , by proclamation make a declaration to the effect. As the
example of Punjab Province in 26 February 2009.

The constitution of 1973 is the most sacred document in Pakistan. All the affairs of the
Islamic Republic are worked according to the constitution of 1973.

This constitution Provides weak Federation, unlike the constitution of 1962. The
constitution of 1973 provides federal form structure of government whereby, the powers
are divided between the centre and its federating units. In this constitution, there are only
two lists of subject (the federal list and concurrent list) in which both can legislate and in
case of dispute the residuary powers are given to provinces, the small provinces are
against it and demanded a provincial list in constitution which they can solely legislate.
Secondly their distribution should be on the basis of population rather it should be on the
masses of natural resources and territory.

The 1973 constitutions afford bicameral system likes British parliamentary form of
government, which provides legislature, and executive work in close collaboration. The
Prime Minister is a real chief executive in parliamentary system, not a senate. The senate
has not that much important because national assembly has huge amount present by one
province, due to this the Sanete has lost its important in legislation.

The President who is a so-called head of state under the original document of 1973
constitution. Similarly 17th amendment gives enormous power to president for instant the
Article 58 clause (2) and paragraph (B) is the sword in the head of Parliament, which can
any time fall and can damage the parliamentary system, or by this the president can
dissolve the national Assembly and Provincial Assemblies.

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CONCLUSION:-

In conclusion I would like to consign that the constitution of 1973, was amended by the
Martial Law Administrator that should be reveled in its original condition. All the
parliamentary system the president is a ceremonial head of the state. By the removing the
amendments and make the supremacy of parliament. The judiciary or the chief justice
appointment should be an independent judiciary Council which consists of retired judges.
The powers of attorney of provinces should be given to them, the federating units will
perfume well and they should free in their decisions. The distribution of their resources
according to their mass resources not to their population. We have to learn the others
nation and as well as the past history.

THE END,

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