Professional Documents
Culture Documents
Pakistan
The Constitution of the Islamic Republic of Pakistan (Urdu: )آئین پاکستان, also known as t he
1973 Constitution, is t he supreme law of Pakist an.[1] Draft ed by t he government of Zulfiqar Ali
Bhut t o, wit h addit ional assist ance from t he count ry's opposit ion part ies, it was approved by t he
Parliament on 10 April and rat ified on 14 August 1973.[2]
The Const it ut ion is int ended t o guide
Pakist an's law, it s polit ical cult ure, and syst em. It ident ifies t he st at e (it s physical exist ence and
it s borders), people and t heir fundament al right s, st at e's const it ut ional law and orders, and also
t he const it ut ional st ruct ure and est ablishment of t he inst it ut ions and t he count ry's armed
forces.[3] The first t hree chapt ers est ablish t he rules, mandat e, and separat e powers of t he
t hree branches of t he government : a bicameral legislat ure; an execut ive branch governed by t he
Prime Minist er as chief execut ive; and an apex federal judiciary headed by Supreme Court .[3] The
Const it ut ion designat es t he President of Pakist an as a ceremonial Head of St at e who is t o
represent t he unit y of t he st at e.[4] The first six art icles of t he const it ut ion out line t he polit ical
syst em as federal parliament ary republic syst em; as well as Islam as it s st at e religion.[5] The
Const it ut ion also encapsulat es provisions st ipulat ing t he legal syst em's compliance wit h Islamic
injunct ions cont ained in t he Quran and Sunnah.[6]
Constitution of the Islamic Republic of Pakistan
Jurisdiction Pakistan
Branches 3
Federalism Federation
Amendments 25
T his art icle cont ains Urdu t ext . Without proper rendering support, you may see unjoined
letters running lef t to right or other symbols instead of Urdu script.
The Parliament cannot make any laws which may be repugnant or cont rary t o t he Const it ut ion,
however t he Const it ut ion it self may be amended by a t wo-t hirds majorit y in bot h t he houses of
t he bicameral Parliament , unlike t he previous legal document s of 1956 and 1962.[7] It has been
amended over t ime, and most recent impulses for polit ical upgrades and reforms has been
amended. Alt hough enforced in 1973, Pakist an, however, celebrat es t he adopt ion of t he
const it ut ion on 23 March—when t he first set was promulgat ed in 1956—each and every year as
Republic Day.[8]
Technically t here are 26 amendment s but 23 amendment s were made in
const it ut ion and t hree were not passed by t he parliament .
In a radio t alk addressed t o t he people of Pakist an, broadcast in February 1948, Jinnah
expressed his views regarding Pakist an's const it ut ion-t o-be in t he following way:
[9]
Pakist an was founded in 1947 as a Dominion (an independent realm or kingdom) wit hin t he Brit ish
Commonwealt h. The same was t rue in independent India. During it s first few years of exist ence
t he Brit ish monarch was also Pakist an's head of st at e, as is st ill t he case in Canada, Aust ralia et c.
Before writ ing a const it ut ion, a Const it uent Assembly passed t he Object ives Resolut ion, on t he
insist ence of t he ulama and Jamaat -e-Islami, in March 1949 t o define t he basic direct ive
principles of t he new st at e and t o declare st at e recognit ion of t he sovereignt y of Allah over t he
universe. The Object ives Resolut ion affirmed t he role of democracy and cont ained religious
provisions t o enable societ y t o adhere t o t he t eachings of t he Quran and Sunnah. The Object ives
Resolut ion has hencefort h been insert ed as a preamble int o each of Pakist an's subsequent
const it ut ions.[10]
The count ry became a republic when it s first const it ut ion was approved in 1956 but t his was
abrogat ed in 1958 aft er a milit ary Coup d'ét at .[11] Pakist an's second const it ut ion was approved in
1962. It grant ed execut ive power t o t he president and abolished t he office of t he prime minist er.
It also inst it ut ionalised t he int ervent ion of milit ary in polit ics by providing t hat for t went y years,
t he president or t he defence minist er must be a person who had held a rank not lower t han t hat
of lieut enant -general in t he army.[12] The 1962 const it ut ion was suspended in 1969 and
abrogat ed in 1972.[11]
The 1973 const it ut ion was t he first in Pakist an t o be framed by elect ed represent at ives. Unlike
t he 1962 const it ut ion it gave Pakist an a parliament ary democracy wit h execut ive power
concent rat ed in t he office of t he prime minist er, and t he formal head of st at e—t he president —
limit ed t o act ing on t he advice of t he prime minist er.[12]
The Const it ut ion st at es t hat all laws are t o conform wit h t he injunct ions of Islam as laid down in
t he Quran and Sunnah.[6] The 1973 Const it ut ion also creat ed cert ain inst it ut ions such as t he
Shariat Court and t he Council of Islamic Ideology t o channel t he int erpret at ion and applicat ion of
Islam.[13]
Aft er anot her coup d'ét at in 1977, t he const it ut ion was held in abeyance unt il it was "rest ored" in
1985 but wit h an amendment (t he Eight h) shift ing power from t he parliament and Prime Minist er
t o t he president . Anot her Amendment (Sevent eent h) in 2004 cont inued t his shift , but in 2010,
t he Eight eent h amendment reduced president ial powers, ret urning t he government t o a
parliament ary republic.
The provisions of t he Government of India Act , 1935, had great ly influenced t he st at e and served
as it s basic legal document unt il 1956. In 1950, Prime Minist er Liaquat Ali Khan aut hored t he first
annexe t hat would pave a pat h t o t he draft ing of t he Const it ut ion. Elect ed in 1947, t he first
Const it uent Assembly draft ed and adopt ed it s first const it ut ion in 1956.
1956 Constitution
Following t he adopt ion of a const it ut ion in India in 1950, Pakist an's lawmakers were incent ified t o
work on t heir const it ut ion. Prime Minist er Muhammad Ali and his government officials worked
wit h t he opposit ion part ies in t he count ry t o formulat e a const it ut ion for Pakist an.[14]
Finally, t he joint work led t o t he promulgat ion of t he first set of t he const it ut ion on 23 March
1956—a day when Pakist an celebrat es it s Republic Day over t he adopt ion of t he const it ut ion.
The const it ut ion provided for parliament ary form of government wit h a unicameral legislat ure.[14]
It officially adopt ed Pakist an as "Islamic Republic" and t he principle of parit y was int roduced. It s
feat ures were:
Object ives Resolut ion – The object ive resolut ion was included as preamble by t he
const it ut ion.
Unicameral Legislat ure – A single house, only a Nat ional Assembly t hat would consist of 300
members; 150 members from each East and West Pakist an
Islamic law – No law would be passed against t he t eachings of t he Quran and Sunnah.
Independent Judiciary – The Supreme Court as an apex court – a final arbit rat or of all t he
decisions.
Fundament al right s included freedoms of movement , speech and, profession and profess
religion, right t o life, libert y, and propert y.
Language – English, Urdu and Bengali were made nat ional languages.
By t he const it ut ion, Iskander Mirza assumed t he presidency but his const ant involvement in
nat ional affairs, as opposed t o Const it ut ion, dismissed four elect ed prime minist ers in t wo years.
Under public pressure, Mirza upheld t he coup d'état in 1958, t hus virt ually suspending t he
const it ut ion. Short ly aft erwards General Ayub Khan deposed Mirza and declared himself
president .[15]
1962 Constitution
General Ayub Khan appoint ed a Const it ut ion Commission t o draft anot her part of t he
const it ut ion under Chief Just ice Muhammad Shahabuddin.[16] Submit t ed it s considerat ions on 6
May 1961, Ayub Khan alt ered t he ent ire version of t he const it ut ion which was ent irely different
from t he one recommended by Chief Just ice Muhammad Shahabuddin.[16] It was promulgat ed on
8 June 1962. Main feat ure of t his set was t he int roduct ion of t he President ial syst em and more
consolidat ed powers t o t he President . No furt her changes were carried out t o oppose t he 1956
document .[16] It s feat ures includes:
President Ayub Khan invit ed Chief of Army St aff General Yahya Khan t o enforce t he mart ial law in
t he count ry. On assuming t he presidency, General Yahya Khan acceded t o popular demands by
abolishing t he one-unit syst em in West Pakist an and ordered general elect ions on t he principle of
one man, one vot e.[17][18]
The milit ary government and President Yahya himself made no effort s t o frame a const it ut ion,
aside from issuing t he ext rajudicial order in 1970.[18] Across t he count ry, t he expect at ions were
t hat a Nat ional Assembly would be set up by holding a free and fair elect ion. To hold t he
proposed elect ions, President Yahya promulgat ed a Legal Framework Order on 30 March 1970
t hat also spelled out t he fundament al principles of t he proposed const it ut ion and t he st ruct ure
and composit ion of t he nat ional and provincial assemblies.[18]
In December 1970, nat ionwide general elect ions were held simult aneously for bot h t he nat ional
and five provincial assemblies. The nat ionalist Awami League (AL) secured t he mandat e of East
Pakist an but failed t o perform in any four provinces of Pakist an.[18] The socialist Pakist an
People's Part y (PPP) under t he leadership of Zulfikar Ali Bhut t o gained a mandat e in Punjab and
Sind but failed in East Pakist an, NWFP and Balochist an.
1970 constitutional crises
Const it ut ional crises grew furt her when t he AL refused t o make concessions over it s six point s
t o draft t he const it ut ion and inst ead maint aining t hat t he AL was able t o frame a const it ut ion
and t o form a cent ral government on it s own.[18]
The PPP was not willing t o dilut e t he aut horit y of t he federal government in spit e of assuring
full provincial aut onomy for all t he provinces of Pakist an.[18] Negot iat ions on framing t he work on
const it ut ion were held bet ween January and March 1971 bet ween leaders of t he PPP, t he AL,
and t he milit ary government of Yahya Khan, which t urned out t o be a failure.[18] Under t he LFO,
t he President was t o decide when t he Nat ional Assembly was t o meet .[18] By 13 February 1971,
t he President Yahya announced t hat t he Nat ional Assembly was t o meet at Dhaka on 3 March
1971. By t his t ime t he differences bet ween t he main part ies t o t he conflict had already
cryst allized.[18] Over t he six-point issue, t he PPP was convinced t hat a federat ion based on t he
six point s would lead t o a feeble confederat ion in name only and was part of a larger Indian plan
t o break up and dest roy Pakist an.[18] These fears were evident ly shared by t he milit ary leaders in
t he west , including President Yahya Khan who had publicly described Sheikh Mujibur Rehman as
t he 'fut ure Prime Minist er of Pakist an' on 14 January 1971. Bhut t o announced on 15 February
t hat his part y would not at t end t he Nat ional Assembly unless t here was 'some amount of
reciprocit y' from t he Awami League. Sheikh Mujib replied at a press conference on 21 February,
assert ing t hat "Our st and is absolut ely clear. The const it ut ion will be framed on t he basis of t he
six point s".[18]
Such an announcement led t he PPP t o demand t he removal of t he Nat ional Assembly session, or
t he opening session t o be post poned.[18] The PPP t hreat ened t o st age a large scale general
st rike all over t he count ry. Under pressure by t he PPP, President Yahya post poned t he Nat ional
Assembly session on 25 March which came as a shat t ering disillusionment t o t he AL and t heir
support ers t hroughout East Pakist an.[18] It was seen as a bet rayal and as proof of t he aut horit ies
of t he Pakist an t o deny t hem t he fruit s of t heir elect oral vict ory.[18] This result ed in t he out break
of violence in East Pakist an. The Awami League launched a non-co-operat ion movement as t hey
virt ually cont rolled t he ent ire province.[18] Due t o dist urbances in East Pakist an, no Nat ional
Assembly session was called and t he milit ary moved int o East Pakist an and execut ed Operat ion
Searchlight .[18] The civil disobedience movement t urned int o an armed liberat ion movement
backed by India.
Wit h India successfully int ervening in t he conflict , t he Pakist an milit ary surrendered t o t he Indian
milit ary and almost 93,000 milit ary personnel were t aken as prisoners of war on 16 December
1971.[18] Demoralized, gaining not oriet y in t he count ry, and finding himself unable t o cont rol t he
sit uat ion, President Yahya ult imat ely handed over t he nat ional power t o t he PPP, of which
Zulfikar Ali Bhut t o was sworn in on 20 December 1971 as President and as t he (first civilian) Chief
Mart ial Law Administ rat or.[18]
Constitutional convention
Aft er Bangladesh was formed in 1971, t he PPP formed t he government and part ially enact ed
t he 1962 const it ut ion.[19] President Zulfikar Ali Bhut t o called for a const it ut ional convent ion and
invit ed t he leaders of t he all polit ical part ies t o meet him on 17 April 1972.[19] Leaders and
const it ut ional expert s of t he Islamic polit ical part ies, conservat ive part ies, socialist s and
communist part ies were delegat ed t o at t end t he const it ut ional convent ion in 1972.[20]
John Locke
Two Treatises of
Government
The law expert s, const it ut ional analyst s, and count ry's reput ed clergymen worked on formulat ing
a const it ut ion t hat t hey hoped would represent t he will and desire of people.[21] Unlike earlier
at t empt s, t he convent ion was not meant for new laws or piecemeal alt erat ions, but for t he "sole
and express purpose of revising t he 1956 art icles."[21] Also, t he convent ion was not limit ed t o t he
religion, exigencies of government and t he preservat ion of t he St at e; rat her it was int ended t o
maint ain delicacy in commerce, finances, issue of loans t o federat ion, and Separat ion of
powers.[21] Several key ideas of t he philosophy of John Locke and Islamic provisions on civil
right s were int erchanged in t he Const it ut ion.[22][23]
The Const it ut ion ult imat ely est ablished a bicameral Parliament , wit h t he Nat ional Assembly as
t he lower house and t he Senat e as t he upper house.[21] It also est ablished t he parliament ary
form of government wit h Prime Minist er as it s head of government ; t he elect ed Nat ional
Assembly genuinely represent ing t he will of t he people.[21] The Const it ut ion t ruly maint ained a
delicat e balance bet ween t radit ionalist s and modernist s and reflect ed heavy compromises on
fundament al religious right s in t he count ry.[21] The fundament al right s, freedoms of speech,
religion, press, movement , associat ion, t hought , and int ellect ual, life, libert y and propert y and
right t o bear arms were int roduced in t he new Const it ut ion.[20] Islam was declared as t he St at e
religion of Pakist an.[20] Geography and border st at ue of t he count ry was redefined and "Pakist an
was t o be a Federat ion of Four Provinces."[20] The Const it ut ion was writ t en in t he point of
represent ing t he conservat ive Islam as well as reflect ing a heavy compromise over t he religious
right s and humanism ideas, advocat ed by t he PPP.[21]
On 20 Oct ober 1972, t he draft was revived by all leaders of t he polit ical part ies and signed t he
declarat ion of adopt ing t he Const it ut ion in t he Nat ional Assembly on 2 February 1973.[24] Rat ified
unanimously on 19 April 1973, t he Const it ut ion came int o full effect on 14 August 1973.[24] On
t he same day, t he successful vot e of confidence movement in t he Parliament endorsed Zulfikar
Bhut t o as t he elect ed Prime Minist er aft er lat t er relinquishing t he presidency aft er appoint ing
Fazal-i-Ilahi t o t hat office.[24]
Structure
Fundamental rights
Cont rary t o 1956 and 1962 art icles, several ideas in t he Const it ut ion were new, and guarant eed
securit y t o each cit izen of Pakist an. First part of t he Const it ut ion int roduced t he definit ion of
State, t he idea of life, libert y and propert y, individual equalit y, prohibit ion of slavery, preservat ion
of languages, right t o fair t rial, and provided safeguard as t o arrest and det ent ion as well as
providing safeguards against discriminat ion in services.[25][26]
The due process clause of t he Const it ut ion was part ly based on t he Brit ish Common law, as
many founding fat hers and legal expert s of t he count ry had followed t he Brit ish legal
t radit ion.[27] The fundament al right s are supreme in t he Const it ut ion and any law t hat is ultra vires
t he fundament al right s can be st ruck down by t he apex court s in t heir const it ut ional jurisdict ion
vest ed on t hem under Art icle 199 of t he Const it ut ion.[28]
Provisions
In cont rast t o t he const it ut ions of India and Bangladesh, t he Const it ut ion reflect ed a heavy
compromise over several issues t o maint ain a delicat e balance of power among t he count ry's
inst it ut ions. The Const it ut ion defined t he role of Islam;[29] Pakist an was t o be a Federat ion of
Four Provinces and shall be known as t he Islamic Republic of Pakist an;[30] int roduct ion of check
and balances, separat ion of powers, and provided t he federal syst em under which t he
government should govern.
The Const it ut ion est ablished a "Bicameral Parliament " as a legislat ive aut horit y t hat consist s of
t he Senat e as Upper house (providing equal provincial represent at ion), and Nat ional Assembly as
Lower house (providing t he will and represent at ion of people).[31][32] The Const it ut ion put
st ipulat ion on t he eligibilit y of becoming President and Prime Minist er t hat only "Muslim" of not
less t han fort y-five years of age [33] and is qualified for becoming t he Prime Minist er.[34] No law
repugnant t o Islam shall be enact ed and t he present laws shall also be Islamised.[35] The
Const it ut ion also int roduced a new inst it ut ion known as t he "Council of Common Int erest s"
consist ing of Chief Minist er of each four provinces and an equal number of Cabinet minist ers of
t he Government nominat ed by t he Prime Minist er.[36] The Council could formulat e and regulat e
t he policy in t he Part II of t he Legislat ive List . In case of complaint of int erference in wat er
supply by any province t he Council would look int o t he complaint .
Anot her major innovat ive int roduct ion in t he Const it ut ion is t he est ablishment of t he Nat ional
Finance Commission (NFC) consist ing of t he Provincial and Finance Minist ers and ot her members
t o advice on dist ribut ion of revenues bet ween t he federat ion and t he provinces.[37] The
Const it ut ion's first part s int roduce t he Islamic way of life, promot ion of local government , full
part icipat ion of women in nat ional life, prot ect ion of minorit ies, promot ion of social and economic
well being of t he people, and st rengt hening t he bonds wit h t he Muslim world and t o work for
int ernat ional peace.
The Islamic laws and Sharia
Quran
Islamic introduction
Many key ideas on regarding t he role of Islam in t he St at e t hat were ment ioned in 1956 Art icles
were made part of t he Const it ut ion:
The official name "Islamic Republic of Pakist an" as select ed for t he st at e of Pakist an.
Enabling of living life, cult ure, and cust oms of Muslims, individually or collect ively, in
accordance wit h t he fundament al principles and basic concept s of Islam.
Teachings on Arabic, Quran, and Islamiyat t o be compulsory in count ry's inst it ut ions and t o
secure correct and exact print ing and publishing of t he Quran.
Required t o be a Muslim t o run for bid of becoming t he President (male or female) and/or
Prime Minist er (male or female). No rest rict ion as t o religion or gender on any ot her post , up t o
and including provincial governor and Chief Minist er.
All exist ing laws shall be brought in conformit y wit h t he injunct ions of Islam as laid down in t he
Quran and Sunnah and no law shall be enact ed which is repugnant t o such injunct ions.[39]
The Const it ut ion of Pakist an defined a Muslim as a person who believes in t he unit y and
oneness of Allah, in t he absolut e and unqualified finalit y of t he Prophet hood of t he Islamic
prophet , Muhammad, and does not believe in, or recognise as a prophet or religious reformer,
any person who claimed or claims t o be a prophet , in any sense of t he word or of any
descript ion what soever, aft er Muhammad.
In keeping wit h t his definit ion, t he Second Amendment t o t he Const it ut ion (1974) declared for
t he first t ime t he Ahmadiyya Communit y and/or t he Lahori Group as non-Muslims, since t heir
leader, Mirza Ghulam Ahmad, claimed t o be prophet of God.
However, t he Fourt h Amendment (1975) set aside six seat s in t he Nat ional Assembly for non-
Muslim represent at ives t o prot ect minorit y right s.
The st at e shall endeavour t o st rengt hen t he bonds of unit y among Muslim count ries.
Parts
The individual Art icles of t he Const it ut ion are grouped t oget her int o t he following Part s:
Preamble
Part V[45] – Relat ions bet ween Federat ion and Provinces [Articles 141–159]
Part VI[46] – Finance, Propert y, Cont ract s and Suit s [Articles 160–174]
Schedule
Schedules are list s in t he Const it ut ion t hat cat egorise and t abulat e bureaucrat ic act ivit y and
policy of t he Government .
First Schedule[53] – Laws exempted from the operation of Article 8(1), 8(2), 8(3b), and 8(4)
Third Schedule:[55] – Oaths of Office: Article 42, Article 91(5)–92(2), Article 53(2)–61,
Fifth Schedule:[57] – Remuneration and Terms and Conditions of Service of Judges: [Article 205]
Amendments
Unlike t he previous document s, t he Const it ut ion cannot be changed, inst ead const it ut ional
amendment s are passed; alt ering it s effect .[7] Amendment s t o t he Const it ut ion are made
t hrough t he Parliament , where a Two-t hirds majorit y and vot ing is required in bot h houses for a
const it ut ional amendment t o t ake it s effect , in accordance t o t he Const it ut ion.[58] In addit ion t o
t his, cert ain amendment s which pert ain t o t he federal nat ure of t he Const it ut ion must be rat ified
by a majorit y of st at e legislat ures.[59]
As of 2019, 25 amendment s have been made t o t he Const it ut ion. Among t he most import ant of
t hese are t he Eight h (1985) and Sevent eent h Amendment s (2004), which changed t he
government from a parliament ary syst em t o a semi-president ial syst em. By far t he largest
change t o t he Const it ut ion was t he Eight eent h Amendment made in 2010 which reversed t hese
expansions of president ial powers, ret urning t he government t o a parliament ary republic, and also
defined any at t empt t o subvert , abrogat e, or suspend t he const it ut ion as an act of high
t reason.[60]
The lat est of t hese amendment s, t he Twent y-Fift h amendment incorporat ed t he former
Federally Administ ered Tribal Areas int o t he province of Khyber Pakht unkhwa.
Original text
Preamble
Wherein the State shall exercise its powers and authority through
the chosen representatives of the people;
So that the people of Pakistan may prosper and attain their rightful
and honoured place amongst the nations of the World and make
their full contribution towards international peace and progress
and happiness of humanity :
Signatories
See also
Const it ut ionalism
References
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External links
This art icle incorporat es public domain mat erial from t he Library of Congress Count ry
St udies websit e ht t p://lcweb2.loc.gov/frd/cs/ (ht t p://lcweb2.loc.gov/frd/cs/) . – Pakist an (h
t t p://lcweb2.loc.gov/frd/cs/pkt oc.ht ml)
Full Text and Case Law (ht t p://pakist anconst it ut ionlaws.com/) via Zain Sheikh & Associat es
Last edited 14 days ago by עלי