Name: Dur e yashfeen

Class : BS education

Semester second

Roll no 204

Sbmission sir mazhar shahzad

Subject historyy

Topic ; constituational development in pakistan

Def

A constitution is an aggregate of fundamental principles or established precedents that constitute the legal basis of
a polity, organisation or other type of entity and commonly determine how that entity is to be governed.[1]

When these principles are written down into a single document or set of legal documents, those documents may be said to embody
a written constitution; if they are encompassed in a single comprehensive document, it is said to embody a codified constitution.
Some constitutions (such as that of the United Kingdom) are uncodified, but written in numerous fundamental Acts of a
legislature, court cases or treaties.

 Consitution of pakistan
The Constitution of the Islamic Republic of Pakistan, also known as the 1973 Constitution, is the supreme law of Pakistan. Drafted
by the government of Zulfiqar Ali Bhutto, with additional assistance from the country's opposition parties, it was approved by the
Parliament on 10 April and ratified on 14 August 1973 Constitution
of Pakistan is the supreme law of Pakistan.
There have been several documents known as the Constitution of Pakistan. 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). It was drafted by the
government of Zulfikar Ali Bhutto and, following additions by the opposition parties, was approved by
the legislative assembly on April 10, 1973. It was Pakistan's first ever constitution by consensus unlike
two earlier constitutions,the constitution of 1956 and the constitution of 1962.
• Resolution For Delay:
It took almost nine years for the two constituent assemblies to make a constitution for the country. Following
are the main reasons for the delay.
▪ Two wings of Pakistan – East Pakistan and West Pakistan

▪ Inexperienced Politicians
▪ Clash of Interests between two Wings
▪ Debate on 'State’ and ‘Islam’
▪ Federal State System
▪ Cultural and linguistic differences
▪ Lack of Homogeneity between two Wings
▪ Language Issue
▪ AdministrativeResolution ▪ Influx of refugeesrefugees

▪ Politicians personal clashes and differences

▪ Lack of quality leadership
▪ Illiteracy
▪ Lack of mutual Understanding & Tolerance

FIRST CONSTITUTION

First constitution was made in february 29, 1956 which is implimented for 30 months 29 feb was a
historic day pkaistan because the constituent assembly passed the firstever constituation for islamic
republic of pakistanThe Constitution of 1956 was passed after long deliberations. It replaced the Interim
Constitution 1947 & Government Act of India 1935. Moreover; it replaced the last label of British Empire
3 rd June, Independence Act 1947. The Constituent Assembly passed it on February 29, 1956, and it was
enforced on March 23, 1956 in Pakistan. The Constitution of 1956 was consists of 234 Article ; 13 Parts
and 6 Schedules. The Constitution of 1956 provided a Federal System with the Principle of the Parity
between East Pakistan and west pakistan

ISLAMIC FEATURE OF OF THE CONSTITUTION OF 1956

Islamic Features of the Constitution 1956 1. The Name of the Country was adopted as the Islamic
Republic of the Pakistan. 2. Objectives Resolution added as Preamble to the Constitution. 3. No Law
would be passed against Quran and Sunnah and existing Laws would be made in Islamic Character. 4.
President of the Pakistan must be Muslim and at least 40 years. 5. Religious Freedom, Freedom to
profess, practice and propagate any religion and the rights to establish, maintain and manage religious
institutions. 6. Slavery, Forced Labor, Alcohol and Narcotics was banned and prohibited. 7. Islamic
Brotherhood & Unity among Muslim Countries was enhanced. 8. The President set up Islamic Research
Institute for modern Muslims society.

Significant Features of the Constitution 1956

The name of the country was adopted as the Islamic Republic of the Pakistan. 2. Fundamental Rights &
Human Rights were Guaranteed. 3. Urdu and Bengali Languages were declared as National Languages. 4.
It was written Constitution and lengthy documents. 5. Objectives Resolution was included as the
Permeable in the Constitution of 1956. 6. Parliamentary System was adopted, the President was the
Head of the State and the Prime Minister the Head of the Government. 7. The Constitution of 1956
provided a Federal System in the Country. Powers was divided between the Center and the Provinces.
The subjects were divided into three lists; The Federal List, The Provincial List, and the Concurrent List. 8.
The Parliament was consists of Unicameral Legislature. Both wings have equal representation in the N.A
& it consisted of 300 Members. 150 Seats for each wing. 9. The Constitution of 1956 could be amended
by two thirds majority of the Parliament. 10. The President of the Pakistan must be Muslim and at least
40years age. 11. The Prime Minister: He was Parliamentary Leader. He could choose Cabinet from the
Members of the National Assembly, the cabinet was answerable the Assembly. 12. Provincial Autonomy;
Curtailed in the constitution to a great extent. 13. No Law would be passed against the Quran and
Sunnah. 14. An Independent Judiciary was ensured and Supreme Court was empowered to interpret the
Constitution. Whenever required

Ayub khans reforms

Constitutional Reforms
In Oct. 1959, the president Ayub Khan issued the Basic Democracies Order. It was a four- tier structure, in which
people were involved in different levels of decision making. The four-tier structure would consist of a Village
Council at the most basic level, a Sub-district council, a District Council and a Divisional Council. The local district
magistrates and the divisional commissioners would act as chairmen of local bodies. Under this system 40,000 basic
democrats were to be elected by the local bodies. It also consisted of an electoral college for the election of President
and members of provincial and national assemblies. On the basis of this system, 1962 constitution was imposed. It
enforced a presidential form of a govt., who was authorized to appoint governors of the provinces, who in turn
would appoint the ministers of the cabinet. He was also given the power to veto the laws passed. Urdu and Bengali
were recognized as the national language, and the principal of parity was implemented i.e. equal representation
between EP and WP. No doubt, they were aimed at greater participation of the local people for decision making but
these reforms invited lots of criticism since they concentrated lots of power in the hands of the president. Moreover
East Pakistanis too demanded greater share in the seats on the behalf of their greater population.
Industrial Reforms
Ayub’s advisors pressed for greater industrial development. For this purpose, he took support of foreign aid,
especially that of UK, Germany and USA. Policies such as tax holiday, tax free dividened income upto Rs.3000 and
large scale import of technology, setting up National Investment Trust(NIT) to use private savings for industrial
development, as well as prize bond schemes, and defense saving certificates were mainly introduced to encourage
private industrial sector. Moreover, a national Union, RCD was made to encourage trade. Setting up of Oil refinery
on Karachi and PMDC (Pakistan Mineral Development Corporation) to explore minerals greatly boosted the
economy. Production did rise rapidly and economy improved significantly which grew by 7% in 1960’s. However, it
enabled the wealth to be concentrated in few hands. It was revealed that only 22 families controlled 66% of
industrial assets as well as the banks and insurance companies. And, the fact that most of them were from West
Pakistan was enough to ignite the spark of anger in East Pakistan. It also made the country increasingly dependent
on foreign aid.
Agricultural Reforms
Ayub Khan also introduced reforms in the field of Agricultural to increase its productivity. No-one could own land
holdings less than 12.5 acres or greater than 500 acres(irrigated) or 1000 acres (unirrigated). The land in excess was
confiscated by the govt. and redistributed among the landless farmers. Landowners were forced to find tenets, hence
the small farms were run more efficiently than large farms. Use of HYVs, use of fertilizers produced by fertilizer
industries that were recently developed, encouragement of mechanization by the way of availability of tractors and
harvesters on easy installments , installation of tube wells, better irrigational facilities due to the 3 dams built as a
result of the Indus Water treaty in1960 with India which ensured constant water supply for 10 years, ensure
increased crop yields. These policies brought about a green revolution and so crop yields were at an all time record.
However, it lead to large scale unemployment and these facilities could not be used by poor peasants who found
them too expensive. So they made rich richer and poor poorer.
Social and Educational reforms
Ayub embarked on an ambitious plan of social uplift of the country. Making primary education free and education
upto 8th class compulsory, as well as setting up of schools, colleges, technical and vocational institutes in both wings
of Pakistan helped to increase the literacy rate to some extent. Moreover, vigorous family planning programmes
financed by American loans by the use of radios, cinemas, newspapers, posters and leaflets created awareness
among the people regarding birth control. The policies such as prohibition of polygamy, making the registration of
marriage by the govt., the acceptation of divorce by law only if the person goes through a long procedure involving
the union council, were all aimed to raise the status of women. Moreover, equal rights of inheritance were given to
those grandchildren whose father/mother was not alive. However, all these efforts were in vain as they were unable
to touch the surface as they were not enforced with an iron will, nor a check was kept on the workings of the
reforms. Family planning programmes too were not received with expected enthusiasm as they were opposed on
religious as well as traditional grounds.

1. ConstitutionalDevelopment in Pakistan

2. Constitution is a set of laws/principles may be written or unwritten on which a country is

acknowledged to be governed. The system of fundamental laws and principles that prescribes
the nature, functions, and limits of a government or another institution. Constitution is the
fundamental law of the land and it is from this source that all the laws spring. body of rules
which regulates the system of government within a state.

3. In Muslim states, particularly Pakistan, laws are not derived from the constitution but from
the Almighty Allah who has revealed them in his book and which have been interpreted and
explained by Holy Prophet Mohammad (PBUH) through his sayings. Conduct and actual
practice. For practical purpose we can assume that laws which are not repugnant to the holy
Quran and Sunnah have to be framed under the authority of the constitution and cannot be
antagonistic to its command and spirit.

4. Written, Unwritten, Partly written

5. Federal and unitary constitutions, Under a federal constitution there is a scheme of

distribution of powers between the central and local units which are to a certain extent
independent within their own territorial limits. The central government has its own sphere of
operation of its laws, while the federating units are governed by their own laws. No one is
subordinate nor are acts as an agent of the other, e.g. the constitution of Switzerland, Australia
and India. In the unitary constitution the legislature of the whole country is the supreme law
making body which may permit other legislatures to exist subordinates to it. Sweden, New
Zealand, France, have unitary constitutions.

6. Constitutionsare sometimes classified into “republican” and |”monarchical”. There is

difference between popular or democratic government as opposed to an autocracy or
dictatorship which established absolutism of the executive. It is difficult to find today even one
solitary example of the latter type of the constitution. A republican constitution on the other
hand illustrates almost every system of government from democracy to dictatorship.

7. The English constitution is based largely upon rules of practice, or convention. Many of the
rules of the English constitutional government possess merely a conventional character. This is
shown by the fact that no legal proceedings can be taken for a breach of their established
terms, since they are merely matters of practice. The conventions of the constitution are in the
last resort founded upon the law of the land; and they have their sanction in the force of law.

8. The English constitution involves one central government which pervades the whole country.
In flexible constitution every law of every description can legally be changed with the same
ease and in the same manner by one and the same body. A rigid constitution on the other hand
is one under which certain laws cannot be changed in the same manner as ordinary laws. They
can be altered or amended by the special machinery provided in the constitution itself.

9. The constitution is fundamental or organic or supreme law standing on a somewhat higher

position than the other laws of the country. The constitution is the source from which all
governmental power emanates and it defines its scope and ambit so that each functionary
should act within his respective sphere. The courts are components of the constitution; they
derive their powers and jurisdictions from the constitution and must confine themselves within
the limits set by the constitution.

10. Under a constitution prescribing a system where there is a tracheotomy of sovereign

powers the judicial power must from the very nature of things is vested in a judiciary. Thus the
judiciary does claim and has always claimed that it has the right to interpret the constitution
and to say as to what a particular provision of the constitution means or does not mean even if
it is a provision seeking to oust its own jurisdiction. In the latter case an ouster of jurisdiction is
not to be readily inferred, because, the consistent rule is that provisions seeking to oust the
jurisdiction of superior courts, even by a constitutional provision, are to be construed strictly
with a pronounced learning against ouster.

11. It is not, however, the function of the judiciary to legislate or to question the wisdom of the
law giver if the law has been competently made without transgressing the limitations of the
constitution. If a law has been competently made the judiciary cannot refuse to enforce it even
if the result be to nullify its own decisions. The law-giver has also very right to change, emend
or clarify the law if the judiciary has found that the language used conveyed by the law-giver.
The constitution has to be construed like other document reading it as a whole and giving to
every part therefore a meaning consistent with the other provisions of the constitution.
12. Thefirst Muslim constitution was promulgated by the holy prophet of Islam Mohammad
(pbuh) when he migrated to madina and foundation was laid for the government of a city state.
This constitution was framed and put into effect with the full consensus of not only the
followers of the prophet Mohammad (pbuh) but also had the concurrence of the Jews and
other non- converts. The constitution thus framed gave the details of the rights and duties of
the ruler and the ruled.

13. The characteristic of Muslim administration had been that the people including the rulers
were subject to shariat and it was enforced with greater force of equity, justice and good
conscience in the case of those who did not embrace the faith of Islam. Such notions as “the
king can do no wrong”, “the king cannot be tried in his own court”, “act of state” and
“privilege” etc, are unknown to Islamic jurisprudence. Even the first four rightly guided caliphs
had great respect for the law and would humbly appear before the Qazi if ever such an
occasion arose.

14. Muslim theologians and jurists believe in the supremacy of the law as laid down in the holy
Quran and interpreted by Sunnah and hold it to be eternal and immutable. This law was
therefore the actual sovereign in Muslim lands. Sovereignty, says the Holy Quran, belongs to
almighty Allah alone and the authority to be exercised by the state is therefore a sacred trust
on behalf of Allah and must be exercised within the limits prescribed by Him.

15. Minto-Marley Reforms 1909:The Act of 1909 enlarged the size of Legislative Council. It was
provided that the imperial Legislative Council shall consist of 37 official and 32 non- 0fficial
members. It was decided that there would be no official majority in the provincial Legislative
Councils but such majority was considered essential in the Central Legislature. The principle of
territorial representation was not accepted. “Representation by classes and benefit was
considered to be the only practical method of embodying the elective principle in the
constitution of the Indian Legislative Council.” The Act provided for separate or extraordinary
electorates for the due representation of the different communities, classes and benefit.

16. The functions of the Legislative Councils were increased. The members were given the right
of asking question and supplementary questions for the purpose of further elucidating any
point. The members were given the power to move resolutions in the Councils. In the
provinces, Landlords, district Boards and Municipalities and Chambers of Commerce were to
select members. Muslims were given separate representation. Muslim members of the
legislation were elected by the Muslims themselves.

17. The Act provided that the Secretary of State for India was to be paid out of British revenues.
The Secretary of State continued to possess and perform the duty of superintendence,
direction, and control upon the affairs of India. The Governor-General of India was obliged to
carry out the orders of the Secretary of State. The Act set up a bicameral legislature at the
centre in place of the imperial Council consisting of one house. The two Houses were called
Central Legislative Assembly and the Council of State.

18. Direct elections were provided for both houses of the Central Legislative though the
franchise was very restricted. The duration of the term for the Central Legislative Assembly was
three years, and for the Council of State five years, which could be extended by the Governor-
General. The Central Legislature had the power to make laws for all of British India, for Indian
subjects wherever they might be, and for all persons employed in the defense forces

19. The Governor-General could issue an Ordinance for a period of six months which had the
same force and effect as an Act of the Central Legislature. He had the power of veto over the
Bills passed by the Central Legislature. The Central Budget was presented before the Central
Legislature in the form of demands for grants.

20. The acceptance of an All India Federation. The introduction of partial responsibility in the
form of diarchy at the Centre. The grant of autonomy to the provinces. Safeguards,
reservations, special responsibilities, overriding Powers, etc.in the hands of the Governors and
the governor-General. Creation of a Federal Court, Federal Railway authority, the reserve Bank
of India, public service Commission for the Federation and provinces.

21. There were three basic purposes of the Act:-Establishment of a Federation. Provincial
autonomy with parliamentary Government.The separation of Burma from India

22. Provincial Autonomy All India Federation Diarchy at the Centre: Safeguards: Rigid
Constitution

23. Pakistan was to be federal republic based on Islamic Ideology. A detailed and
comprehensive list of fundamental rights with an Independent Judiciary was provided in the
constitution.The system of the parliamentary form of government was adopted both at the
Centre and in the provinces. There was distribution of powers between the Centre and the
provinces. The constitution provided for Pakistan, wherein equality between East and West
wings had been maintained. For the distribution of subjects between the centre and the
provinces, three lists of subject had been drawn up.

Islamic characters of the constitution.

25. The name of the country will be Islamic republic of Pakistan. The preamble of the
constitution embodied the sovereignty of God Almighty. The Head of the State shall be a
Muslim. Islamic Advisory Council shall be set up. No Law detrimental to Islam shall be enacted
26. Title of the State will be Islamic Republic of Pakistan.A Powerful President who was
responsible for administration and affairs of the state. He should be a Muslim, no less than 40
years of age, should be capable to be a member of NA. He would be elected through not direct
elections for a time of five years. If he has held office for more than 8 years, he could look for
reelection with the support of the NA and the PAs. National Assembly was given the power to
charge the president, however it was difficult to achieve. President could dissolve the NA but in
that case he must seek re- election. President was the central point of all the Executive,
Legislative and Judicial powers. Cabinet was responsible to him. All key appointments were to
be made by President. He could issue Ordinances. He could also announce State of Emergency
in the country.yminimum age limit was 25 years. NA had all the powers of law making but law
was to be finally ratified by the president. President could sign, reject or return the bill.
Financial Powers of NA were limited. Only new expenses could be voted. NA could not reject
join Fund List and Recurring Expenditure. There were two provinces of the federation: East
Pakistan and West Pakistan. Only one list of subjects, i.e. the Central list was given in the
constitution.

28. Governors were head of the provinces and govern the province with his cabinet. Provincial
governments were directly under the control of President. There was a strong center with a
Powerful President. He had enough powers to manage provincial affairs. In case of emergency
powers Central government could take direct control of the province. Principles of Policy •
National solidarity would be observed. Interests of backward people would be looked after.
Opportunities for participation in national life.Education and well being of people.Islam would
be implemented in day to day life.

29. Parliamentary System President:

Parliament with two houses Federal System Provincial Structure: Principles of Policy:
Fundamental Rights: Islamic Provisions: National Language: Judiciary: Rigid

30. A bill to amendment the constitution shall create in the national Assembly and when the Bill
has been passed by the votes of not less than two-thirds of the total membership of Assembly it
shall be transferred to the senate. If a Bill is passed by the senate with amendments it shall be
reconsidered by the National Assembly; and if the Bill as amended by the Senate is passed by
the Assembly by the votes of not less than two-thirds of the total membership of the Assembly,
it shall be presented to the President for the assent. If the Bill is passed by the Senate by a
majority of the total membership of the Senate it shall be presented to the President for assent.
If the Bill is not passed by the Senate within ninety days from the day of its receipt the Bill shall
be deemed to have been rejected by the senate.
31. The President shall assent to the Bill within seven days of the presentation of the Bill to him,
and if he fails to do so he shall be deemed to have assented thereto at the expiration of that
period. When the President has assented to or is deemed to have assented to the Bill, the Bill
shall become Act of Parliament and the Constitution shall stand amended in accordance with
the terms thereof. A bill to amend the Constitution which would have the effect of altering the
limits of a Province shall not be passed by the National Assembly of that Province passed by the
votes of not less than two- thirds of the total membership of that Assembly.

32. The constitutional history of Pakistan is a reflection of all the peculiarities and
contradictions of its social, economic and political development since independence for more
than a quarter of the century. The struggle over particular formulations in various drafts of the
Constitution which went on in the legislative bodies was often an expression of the clash
between the vital interests of the main social groups in Pakistan. It is not surprising therefore
that the struggle over many constitutional issues (the state language, from of elections, division
of powers between the Federation and the Provinces, etc.) went on for years, leading to bloody
clashes in which thousands of people were victims and often precipitating acute political crises.

33. The constitution of 1973 was an expression of the balance of class forces established after
the political crises of 1971 and the collapse of the military dictatorship. The present
Constitution of Pakistan is characterized by such fundamental principles as a parliamentary
republican system, federal state structure, and proclamation of democracy, freedom, equality,
tolerance and other bourgeois- democratic freedoms, and the attainment of social justice as

the supreme aim of the state. • 1962 Constitution:

General Ayub Khan appointed a Constitution Commission to draft another part of the constitution under
Chief Justice Muhammad Shahabuddin. Submitted its considerations on 6 May 1961, Ayub Khan altered the
entire version of the constitution which was entirely different from the one recommended by Chief Justice
Muhammad Shahabuddin. It was promulgated on 8 June 1962. Main feature of this set was the introduction
of the Presidential system and more consolidated powers to the President. No further changes were carried
out to oppose the 1956 document. Its features includes:

• More powers to the President of Pakistan.

• Strengthening of the Islamic Ideology council.

• 1970 Constitutional Crises:

Constitutional crises grew further when the AL refused to make concessions over its six points to draft the
constitution and instead maintaining that the AL was able to frame a constitution and to form a central
government on its own.
The PPP was not willing to dilute the authority of the federal government in spite of assuring full provincial
autonomy for all the provinces of Pakistan. Negotiations on framing the work on constitution were held between
January and March 1971 between leaders of the PPP, the AL, and the military government of Yahya Khan, which
turned out to be a failure. Under the LFO, the President was to decide when the National Assembly was to meet.
By 13 February 1971, the President Yahya announced that the National Assembly was to meet at Dhaka on 3
March 1971. By this time the differences between the main parties to the conflict had already crystallized. Over
the six-point issue, the PPP was convinced that a federation based on the six points would lead to a feeble
confederation in name only and was part of a larger Indian plan to break up and destroy Pakistan. These fears
were evidently shared by the military leaders in the west, including President Yahya Khan who had publicly
described Sheikh Mujibur Rehman as the 'future Prime Minister of Pakistan' on 14 January 1971. Bhutto
announced on 15 February that his party would not attend the National Assembly unless there was 'some amount
of reciprocity' from the Awami League. Sheikh Mujib replied at a press conference on 21 February, asserting that
"Our stand is absolutely clear. The constitution will be framed on the basis of the six points".

Such an announcement led the PPP to demand the removal of the National Assembly session, or the opening
session to be postponed. The PPP threatened to stage a large scale general strike all over the country. Under
pressure by the PPP, President Yahya postponed the National Assembly session on 25 March which came as a
shattering disillusionment to the AL postponed. The PPP threatened to stage a large scale general strike all over
the country. Under pressure by the PPP, President Yahya postponed the National Assembly session on 25 March
which came as a shattering disillusionment to the AL Awami League launched a non-co-operation movement as
they virtually controlled the entire province. Due to disturbances in East Pakistan, no National Assembly session
was called and the military moved into East Pakistan to control the situation. The civil disobedience movement
turned into an armed liberation movement backed by India.

With India successfully intervening in the conflict, the Pakistan military surrendered to the Indian military and
almost 93,000 military personnel were taken as prisoners of war on 16 December 1971. Demoralized, gaining
notoriety in the country, and finding himself unable to control the situation, President Yahya ultimately handed
over the national power to the PPP, of which Zulfikar Ali Bhutto was sworn in on 20 December 1971 as President
and as the (first civilian) Chief Martial Law Administrator. Ad he wiil make consitution of 1971

After taking control of the government in 1971. Z.A. Bhutto started work on a democratic constitution for the country. On
17th April 1972 the National Assembly constituted a committee to prepare a draft constitution. The Committee worked
hard and prepared the draft of the constitution which was presented to the leaders of all parliamentary leaders on 20th
October 1972. All the leaders signed the draft. After that it was discussed and debated n the National Assembly which gave
its approval on 10th April 1973. The President gave his assent on 12th April 1973. Finally the Senate approved the
constitution in August 1973. Consequently the constitution was enforced in the country on 14th August 1973. According to
the Constitution of 1973 Mr. Z.A. Bhutto look over as the tenth Prime Minister and Mr. Fazl-e-Elahi was sworn in as the
President of Pakistan.

Salient Features of 1973 Constitution

The Constitution of 1973 is strikingly different from the earlier Constitution of 1956 and 1962. It has the following salient
features.

1. Written Constitution
Like the previous constitutions of 1956 and 1962 the Constitution of 1973 is a written document. It is very comprehensive
and consists of twelve parts consisting of 280 articles.

2. Introductory and the Objectives Resolution

It commences with an introductory which slates the Islam shall be state religion. The principles and provisions set out in
the Objectives Resolution have been made substantive part of the constitution.
3. Islamic System
The inclusion of Islamic Provisions has given the 1973 Constitution an unprecedented Islamic character. It ensures an
Islamic system in the country.

4. Rigid Constitution
It is a rigid constitution. No Government can change it at will. It is not easy to make amendments in it. Two-third majority
of both the Houses is required for this purpose.

5. Federal System
The Constitution of 1973 has introduced a Federal system in the country. The federation of Pakistan consists of a Central
Government and four Provincial Governments. The Federal Government is headed by a President elected by members of
Majlis-e-Shoora (Parliament)

6. Parliamentary form of Government

The 1973 Constitution proposes a Parliamentary form of Government in the country. Prime minister is the head of the
Parliamentary system. He is leader of the Majlis-e-Shoora (Parliamentary). He is elected on direct adult franchise basis.
The Prime Minister selects a cabinet of central ministers from the members of Parliament which conducts the affairs of the
country. According to 1973 Constitution the Prime Minister enjoys wide powers.

7. Bicameral Legislature
The Constitution provides for the establishment of a bicameral legislature in Pakistan. The Majlis-e-Shoora (Parliament)
consists of two Houses named Senate and National Assembly. The Senate or the Upper House consists of 63 members (the
8th Amendment has raised this number to 87). The National Assembly consists of 200 members (Now this number has
been raised to 207). The Majlis-e-Shoora enjoys wide powers of legislature.

8. Direct Method of Election

The Constitution of 1973 gives a direct method of election. The members of the National Assembly, the Provincial
Assemblies are directly elected by the people.

9. Fundamental Rights
The 1973 Constitution ensures the following fundamental rights to the citizens of Pakistan.
Security of person
Safeguard against unlawful arrest and detention
Prohibition of slavery and forced labor
Freedom of movement
Freedom of assembly
Freedom of association
Freedom of business
Freedom of speech
Freedom of profess religion
Right to hold property
Equality before law
Right to preserve language, script and culture
Safeguard against discrimination in services.

10. Principles of Policy

The Constitution of 1973 has set the following principles of policy:
Local electoral bodies will be set up for solving local problems.
The parochial and other prejudices shall be discouraged.
The women shall be given full representation in all spheres of national life.
Social justice shall be promoted.
Bonds with Muslim world shall be strenghened.

11. Independence of Judiciary

The Constitution of 1973 stresses upon the establishment of an independent judiciary. Full job security has been provided.
The judges are appointed by the President. They cannot be removed from service before the end of their term except on
the recommendation of the Supreme Judicial Council. In addition the Judges are paid respectable salaries.

12. National Language

The 1973 Constitution has declared Urdu as the national language of Pakistan. However English has been retained as the
official language for 15 years. Similarly regional languages have been provided full protection.
13. Single Citizenship
The Constitution of 1973 has established the principles of single citizenship. According to this principle the rights and
duties of the citizens are determined by the Federal Constitution only. Thus the people throughout Pakistan are citizens of
Pakistan.

14. Rule of Law

The 1973 Constitution establishes rule of law in Pakistan. According to rule of law no person can be deprived of his
fundamental rights. All the citizens of Pakistan are equal before law.

15. High Treason

According to the Constitution of 1973 the act of unconstitutional abrogation of the Constitution has been declared as an act
of High Treason.

16. Referendum
The Constitution of 1973 has authorized the President to hold Referendum on any national issue. Similarly the Prime
Minister can ask the President to hold referendum on any important national issue

Source Salient features of the Constitution of 1973 | guesspapers.net