Topic: Constitution, Main features of Constitution of 1973 and 8 th and 18th amendments

Name Yousaf Ali

Dept Pakistan study centre

Semester 4th (evening)

Submitted to Madam Shazia Jaffar

Subject Constitutional and Political development of Pakistan

Date 14.4.2021
Constitution

the basic principles and laws of a nation, state, or social group that determine the
powers and duties of the government and guarantee certain rights to the people in it. b : a written
instrument embodying the rules of a political or social organization.

“ Constitutions become the ultimate tyranny," Paul said. "They’re organized power on
such a scale as to be overwhelming. The constitution is social power mobilized and it has no
conscience. It can crush the highest and the lowest, removing all dignity and individuality. It
has an unstable balance point and no limitations.”
Frank Herbert

Constitution of Pakistan
Background

  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.
 The Constitution is intended to guide Pakistan's law, its political culture, and system. It
identifies the state (its physical existence and its borders), people and their fundamental
rights, state's constitutional law and orders, and also the constitutional structure and
establishment of the institutions and the country's armed forces. The first three chapters
establish the rules, mandate, and separate powers of the three branches of the government:
a bicameral legislature; an executive branch governed by the Prime Minister as chief
executive; and an apex federal judiciary headed by  The Constitution designates the President
of Pakistan as a ceremonial Head of State who is to represent the unity of the state. The first
six articles of the constitution outline the political system as federal parliamentary
republic system; as well as Islam as its state religion  The Constitution also encapsulates
provisions stipulating the legal system's compliance with Islamic injunctions contained in the
Quran and Sunnah.
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 strengthened.

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

17. ISLAMIC PROVISIONS of Constitution of 1973

On 7th April,1972 the national assembly of Pakistan appointed a committee to

prepare a draft of the permanent constitution of Pakistan. A bill to provide a
constitution was introduced by the committee in the Assembly on February
2,1973.The Assembly passed the bill on 19th April,1973 and at last the
constitution came into force on 14th August 1973.

The present constitution (1973) provides for the protection and preservation of
Islamic Concept of life.It also attempts to propagate and implement the basic
teachings of Islam.
The following are the Islamic provisions of 1973 constitution based on the
principles of Holy Quran and Sunnah.

1.Islamic Republic of Pakistan

Pakistan shall be known as “Islamic Republic of Pakistan”.

2.State Religion
Islam shall be the state religion of Pakistan.

3.Sovereignty Belongs to Allah

Sovereignty over the entire Universe belongs to Almighty Allah and the authority
bestowed by him on men is a sacred trust which the people of Pakistan will
exercise with the limits prescribed by Quran and Sunnah.

4.Definition of a Muslim
The constitution also gives the definition of a Muslim. A person who believes in
Tauheed or Oneness of Allah, and in the prophet hood of Hazrat Mohammad
(P.B.U.H) as the last prophet of Allah has described as a Muslim.

5.A Muslim to be a President and Prime Minister

The constitution laid down that only Muslims shall be elected president and
Prime Minister of Pakistan. non-Muslim could not hold these offices.

6.Islamic way of life

Steps shall be given to enable the Muslims of Pakistan to order their lives in
accordance with the fundamental principles and basic concepts of Islam.

7.Promotion of Social Justice and Eradication of Social Evils

The State shall take necessary steps for prosecution of social justice and
eradication of social evils and shall prevent prostitution, gambling and taking of
injurious drugs,printing,publication,circulation and display of obscene literature
and advertisements.

8.Teachings of Holy Quran

The state shall try to make the teachings of Holy Quran and Islamiat compulsory
to encourage and facilitate the learning of Arabic language.

9.Strengthing Bond,with Muslim World

The state shall endeavour to strengthen fraternal relations among Muslim
countries in order to promote Islamic unity.

10.Council of Islamic Ideology

There is a council of Islamic Ideology which shall guide the government in
respect of Islamic teachings, their implementation and propagation. Its chairman
and members are appointed by President. Although its advice is not binding on
the government yet it is not easy for any government to ignore or over rule its
suggestion or opinion regarding any law.
11.Error Free Publication of Quran
The government shall endeavour to secure correct and exact printing and
publishing of the Holy Quran.

12.Oath to Project and Promote Islamic Ideology

The federal and Provincial Ministers, the Speaker and Deputy Speaker of the
National and Provincial Assemblies, the chairman of the Senate and the
Governors and Chief Ministers of the Provinces also take oath to preserve and
protect the Islamic Ideology.

13.Ahmadi’s A Non Muslim Minority

According to the second amendment of 1973 constitution, the Qadiani group or
the Lahori group who call themselves “Ahmadi’s ” were declared as Non-Muslim
minority.

8th Amendment
1. • The Eight Constitutional Amendment, however, altered the form of the Constitution
drastically. • Passed by the Senate on November 14, 1985, the Eight Amendment
affected almost 19 clauses of the Constitution and brought the office of the President of
Pakistan almost at power.
2. POWERS OF PRESIDENT
The President was given the right to nominate the Prime Minister, Governors of the
provinces, and Judges of the High Court and Supreme Court, including the Chief Justice.
• The most controversial power awarded to the office of the President was under the
Article 58(2) b, which was the power of dissolution of the National Assembly at his own
discretion.
3. After the passing of Article 58(2) b, the National Assemblies were dissolved on four
occasions using its powers. • The dissolution of the Assembly by President Zia-ul-
Haq in 1988, President Ghulam Ishaq Khan in 1990 and in 1993, and President
Farooq Leghari in 1996.
4. Other clauses amended by the Eight Amendment dealt with the office of the Prime
Minister, Senate, and Governors. • Article 51 increased the number of the National
Assembly seats from 200 to 207. The number of the Senate seats was increased from 63
to 87 under Article 59.
5. The Eighth Amendment is considered as a landmark in the constitutional history of
Pakistan. • It not only altered the very form of the Constitution from purely Parliamentary
to semi-Presidential, but also changed the constitutional and political history of the
country.
6.
The 18th amendment is often described as the landmark achievement in the
constitutional history of Pakistan after the objective resolution and the three
constitutions of Pakistan. The National Assembly of Pakistan gave its assent to
the bill on 8th April 2010 and the Senate on 15th of the same year and month.
The president acceded to the amendment on 19th, 2010 and thus it became an
act of parliament. This amendment was a major step in moving towards a pure
parliamentary system in which all the powers lie with parliament and prime
minister instead of President.
7. Salient features of the 18th amendment are as follows.

8. 1)      17th Amendment and article 58-2(b) were repelled with this amendment in

order to curtail the powers of the president. According to this amendment, the
president will no longer be in a position to sack the government or impose
emergency in the country. Only a 2/3rd parliamentary majority will give the
president the powers to declare an emergency.

9. 2)      The amendment proposed that a judicial commission would be appointed

to recommend the names of judges, which will then be scrutinized by the
parliamentary commission. The parliamentary commission will forward the
names to the prime minister and then it will go to the president house for final
approval.

10. 3)      The council of common interest was reconstituted with the prime minister
as the chairman. Chief Ministers of the four provinces and 3 federal ministers
would the members.

11. 4)      NWFP was renamed as Khyber-Pakhtunkhwa. This sparked protests across

the Hazara belt in the Khyber-Pakhtunkhwa.

12. 5)      The ban on becoming prime minister and chief minister for the third time
was removed. This paved the way for the president of PMLN, Nawaz Sharif, to
become prime minister for the third time.

13. 6)      Chief election commissioner will be appointed by a committee of

opposition and treasury benches.

14. 7)      Caretaker prime minister and ministers will also appoint through a
consultation between the prime minister and opposition leader. In case of
disagreement, the chief justice will give the final decision.
15. 8)      Islamabad high court was established in the capital territory.

16. 9)      Total strength of the cabinet would never exceed 11% of the total
parliamentary strength. This put a restriction on the size of the federal and
provincial cabinets.

17. 10)   Join chief of staff committee and the chiefs of the three armed forces will
be appointed on the advice of prime minister.

18. 11)   The concurrent list was abolished, which gave provinces the long-awaited
autonomy. This dissolved many subjects to the provincial domain from the
 federal domain.

19. 12)   The amendment made it necessary for the state to provide free education
to all the children ranging from 5 to 16. They will be given free books and
uniform along with other incentives for the purpose motivation.

20. 13)   The federal government was made responsible to ask the relevant
provincial government before starting a hydroelectric project in a province. This
was in reference to the lingering controversy of Kalabagh dam.

21. 14)   The members of the Senate were increased from 100 to 104, providing
minorities the much-needed representation in the upper house.
22.
23. This amendment has a special recognition because it was for the first time in
our constitutional history that president diluted his own powers to the
parliament and that too voluntarily.

Conclusion
The constitution of 1973 is the asset of current rules and regulations of the state.
There were also practiced two other constitutions in the country in 1956 and 1962
respectively, but could not provided reliable recommendations according to the nature of the
citizens. Eventually after a long debacle a draft was brought for the future constitution of
Pakistan in 1973. It was promulgated in the country on 14 August 1973. It was thoroughly
framed according to the nature of country peoples. Islamic provisions were also presented in
very suitable manner than previous ones constitutions.
Powers and authorities of institutions were clearly determined. This was the first
constitution in the history of Pakistan which provided its abrogation safeguard. Hence from
every aspect it was constituted in the best manners.
The nature of the constitution was parliamentary form but it was converted into
presidential in Zia’s era through 8th amendment’s article 58(2b). The 8th amendment also
subverted the powers of provinces. But through 13th amendment the all powers were handed
over to Prime Minister. Musharaf again restored 58(2b) but again it was removed through
18th amendment and provinces were also given more autonomous after 18th amendment.
The End

References
1. Pakistan Studies Ikram Rabbani
2. Political and constitutional Hamid Khan
Development of Pakistan
3. Pakistan Studies M.R Kazimi
4. Exploring Pakistan Saeed Ahd batt