CONSTITUTION OF PAKISTAN

INTRODUCTION

o The constitution of 1973 is successor of two earlier documents

 Constitution of 1956
 Constitution of 1962
o Zulfikar Ali Bhutto (1971-1977) invited the leaders of parliamentary parties to
draw a constitution.
o On 17th April 1972, National Assembly appointed a committee to prepare a draft
of constitution.
o On 20th Oct, 1972 the drafted bill of constitution was signed by the leaders of
parliamentary parties in National Assembly.
o On 2nd Feb, 1973 the bill was introduced in Assembly, which was unanimously
passed on 19 April, 1973 acting president endorsed it on 12 April, 1973 and the
constitution came into effect from 14th August 1973.
 SALIENT FEATURES

o Written Constitution
 It comprises 280 Articles and 6 Schedules and 12 parts.
o Preamble
 A vital part of constitution
 It is called Objective Resolution pass on 12 March in 1949 by the constituent
assembly
 Sovereignty of Almighty
 Representatives of people exercise the real powers.
 Democratic republic
 Islamic way of life
 Minority Rights
 Head of state must be Muslim.
 SALIENT FEATURES

o Fundamental Rights
 Article: 8 to 28.
o Flexible
 It can be amended by 2/3rd majority of total strength of the house.
o State Religion
 Art: 2 – State religion is Islam but Pakistan is not declared as Islamic State.
o National and Official Language
 Under Article: 251
 Urdu is National Language
 English is official Language
o Bicameral Legislature
 Parliament is consisted of two houses
 Senate: Upper House
 National Assembly: Lower House
 SALIENT FEATURES

o A Federation
 Pakistan is a federation with autonomous units
 Federalism is all about the division and distribution of powers.
o Parliamentary form of Govt
 Govt. is the product of Parliament.
 PM along with his ministers are responsible to the parliament.
o Republic
 Constitution of 1973 provides the method of direct election.
o Independence of Judiciary
 Judiciary is independent of executive and legislature.
 SALIENT FEATURES

o Minorities Rights
 Constitution of 1973 gives equal rights to all the citizens without
discrimination.
 Art: 20: Freedom to profess religion.
 Art: 21: Safeguard against taxation
 Art: 22: Safeguards as to educational institutions in respect of religion.
 Art: 23: Preservation of language, script and culture
 Art: 36: Protection of minorities.
o High Treason
 Art: 6
 To abrogation the constitution through unconstitutional means denotes
high treason.
 SALIENT FEATURES

o Rule of Law
 No one is above the law.
o Islamic Ideology Council
 It is responsible for the preservation of Islamic Principles and Injunctions.
o Council of Common Interest
 To manage balanced relations between federal govt. and the units
o National Finance Commission
 To distribute resources among the federating units through NFC Award.
o Supreme Judicial Council
 To watch the conduct of Judiciary and to uphold the independence of
judiciary it is a supreme organ.
THE GOVT OF PAKISTAN
 INTRODUCTION

Govt of Pakistan

President

Prime MInister

Legislature Executive Judiciary

Senate National Assembly

100 seats
96 seats 342 Seats

4 Provinces Islamabad FATA General Seats Women Non-Muslims

22 + 1 Seats Each 4 Seats 8 Seats 272 60 Seats 10 Seats
 THE PRESIDENT

 Introduction

 President is constitutional head of state, with real powers which are exercised
by Prime Minister and his cabinet.

 President represents the unity of federation (Republic)

 Office of president was introduced in the constitution of 1956, Iskander Mirza

became first President of Pakistan.

 Qualification

 He must be Muslim.

 Qualified to be the member of National Assembly

 Not less than 45 years of age.

 Citizen of Pakistan.
 THE PRESIDENT

 Term of Office
 President holds office for 5 year.
 Not more than two consecutive terms.
 Oath of President
 President of state takes oath before Chief Justice of Supreme Court of
Pakistan.
 Resignation
 President’s resignation is addressed to the speaker of N.A.
 Election of the President
 President of state is elected by the members of both the houses of parliament
at a joint sitting through secret ballot.
 Chief Election Commissioner is responsible to conduct election.
 THE PRESIDENT

 Powers and Functions of President

 Executive powers
o Under article 90: Federation shall exercise its authority in the name of
president.
o President takes Oath of offices of state ministers.
o He appoints provincial governors, members of Islamic Ideology Council,
council of common interest, National Economic Council, National
Finance Commission, etc.
 Legislative powers
o The bill passed by parliament becomes law after the assent of president.
o He may promulgate ordinance
o He can call the joint session of parliament.
 THE PRESIDENT

 Judicial powers
o Appoints chief justice and other judges of Supreme Court.
o President can remove judge of Supreme Court or High Court on
recommendation of Supreme Judicial Council.
 Financial powers
o President appoints Auditor-general members of National Economic
Council and National Finance Commission.
o He can declare financial emergency.
 THE PRESIDENT

 Process of Election (Formulaic voting)

o Provincial Assemblies voting
 The number of members of each province is divide by the number of the members
of Balochistan to draw the ratio of the votes. E.g.:
 Punjab Assembly members are 371
o 371/65 is equal to 6 members
o 6 members equal to 1 vote in Presidential election.
 KPK Assembly members are 124
o 124/65 = 2
o 2 members = 1 vote.
 Sindh Assembly members are 178
o 178/65 = 3
o 3 members = 1 vote.
 Balochistan Assembly members are 65
o 65/65 = 1
o 1 member = 1 vote.
o Parliament voting
 Voting is done in Joint sitting of the parliament.
 THE PRIME MINISTER

 Introduction
 The West Minister style of Parliamentary system of governance is prevalent in
Pakistan.
 The Eighteenth Amendment has re-invigorated the parliamentary supremacy
in Pakistan.
 President has become ceremonial head of state; whereas, the real powers are
being exercised by Prime Minster.
 Prime Minister is Chief Executive as well as the head of Govt.
 Qualifications
 Citizen of Pakistan
 Qualified to be the member of national Assembly under Article: 62.
 Oath of prime Minister
 PM takes Oath in Presence of President
 THE PRIME MINISTER
 Termination/Vote of No Confidence against prime Minister
 A resolution for a vote of no confidence can be moved by not less than twenty
percent of the total membership of national Assembly.
 Resignation of Prime Minister
 PM submits his resignation to the President
 After his resignation the entire ministers shall cease to hold offices.
 Functions and Powers
 All the powers of state’s head are exercised in actual sense, by the Prime
Minister.
 Prime Minister performs all the functions by heading the cabinet and the
ministers.
 Election of Prime Minister
 P.M is elected through direct election.
 A majority party leader becomes PM for 5 years of term.
 PARLIAMENT

o Introduction
 Parliament of Islamic Democratic Republic of Pakistan is consisted of the
President and the two houses: Senate and National Assembly.
 NAITONAL ASSEMBLY

 It is lower house of Parliament

 Its members are directly elected through free and secret ballot on the basis of adult
franchise.
 Representation is given on the basis of population (proportionally)
 Qualification
o Citizen of Pakistan
o Resident of Provincial City
o Qualified under Article: 62 and 63
 Duration
o Its duration is 5 years from the day of its first meeting.
 NAITONAL ASSEMBLY

 Powers and Functions:

o National Assembly can legislate regarding the federal list part I and part
II.
o It controls finances of the federation.
o It approves budget and all proposals for expenditure and taxation.
o It controls the executive.
 Parliamentary committees
o Parliament functions through its committees.
 SENATE
 It is upper house of parliament.
 Its representation is given on equality basis to all the federating units.
 Senate is called house of federation including the members of federating units and
federal capital territory.
 Composition and Structure
Units General Technocrats/ Women Non-Muslims Total
Ullema
Sindh 14 4 4 1 23
Punjab 14 4 4 1 23
Balochistan 14 4 4 1 23
KPK 14 4 4 1 23
Federal Capital 2 1 1 - 4
FATA 4 - - - 4
Total 62 17 17 4 100

 After May 2018, the 25th amendment FATA seats merged in KPK - - Senate total 96 seats.
 SENATE

 Senate election
o Article: 59 of the constitution
o It is a permanent house of parliament.
o One half of its members retire after every three years
o A casual vacancy in senate is caused by resignation, death, removal, or
disqualification
o The members are elected through single transferable vote.
 Election of Chairman and Deputy Chairman Senate:
o At the first meeting of senate its Chairman and Deputy Chairman are elected
among the members for 3 years term.
 SENATE

 Qualification for the members

o Registered voter of the area
o Qualified under Article 62 of the constitution.
o Not less than 30 years of age.
 Duration/term of senate
o It is a permanent house, cannot be dissolved
o It term is 6 years.
o One half of its member retire after 3 years and are re-elected.
 Parliament of Pakistan functions through its standing committee.
 Committees are given specific roles and areas of influence.
 INTRODUCTION

 The law made by the parliament is interpreted and the cases are adjudicated by the
judiciary.
 Administration and provision of justice is done by the judiciary of Pakistan.
o Hierarchy of Judiciary
 Lower Courts:
 Civil Courts: Deal with the cases of civil nature.
 Criminal Courts: Deals with the cases of criminal nature.
 High Courts:
 High Courts are installed in each province.
 High courts monitors the lower judiciary in their respective provinces
 Supreme Court:
 Supreme Court is the apex court in Pakistan.
 Supreme Court represents the federation.
CONSTITUTIONS OF PAKISTAN:
A COMPARATIVE ANALYSIS
 CONSTITUENT ASSEMBLY

o Constituent Assembly of undivided India was established in the result of 1946

election.
o After partition it divided into two parts, one for dominion of India and other for
the dominion of Pakistan.
o Constituent Assembly was allowed to exercise all the powers which were
formerly exercised by the central legislature.
o Constituent Assembly was allocated the task of constitution making, until new
constitution is made the governance will be done in-accordance with Government
of India Act 1935.
 CONSTITUENT ASSEMBLY
 Composition of First constituent Assembly of Pakistan:
o The constituent assembly was elected by the provincial legislatures, where no
legislature existed, there was give the representation.
o The initial strength of constituent assembly was 69 seats which was raised to 79
afterward.
o Territorially the seats of constituent assembly were given on population basis such as:
 Provincial Legislature
 East Pakistan 44 seats
 Punjab 22 seats
 Sind 5 seats
 NWFP 3 seats
 Where no Provincial Legislature
 Balochistan States 1 Seat
 Quetta Municipality 1 seat
 Bahawalpur 1 seat
 Khairpur 1 seat
 NWFP states 1 seat
 CONSTITUENT ASSEMBLY

o There were two political parties in constituent assembly.

 Pakistan Muslim League – Largest party: 59 Seats (Muslims)
 Pakistan National Congress (Hindus)
 First session of Constituent Assembly
o On Aug 10, 1947, first session held at Sindh Assembly building Karachi
 Jinnah was elected as president of constituent assembly unanimously
 Approved National flag also.
o On Aug 12, 1947, the assembly approved a resolution: officially addressing
Jinnah as “Quaid-e-Azam M. Ali Jinnah”
o On Aug 14, 1947, Pakistan became independent state, Lord Louis
Mountbatten addressed Constituent Assembly of Pakistan.
 Jinnah Sworn as first Governor General of Pakistan on Aug 15, 1947 until
Sep. 11, 1948.
 COMPARISON OF PAKISTAN
CONSTITUTIONS (1956, 1962, 1973)

CONSTITUTION 1956 CONSTITUTION 1962 CONSTITUTION 1973

Written Constitution Written Constitution Written Constitution

Consisted of 234 Articles,6 Consisted of 250 Articles, 12 Parts and 5 Consisted of 280 Articles, 12 Parts and
Schedules. Schedules. 6 Schedules.

Base of Preamble Base of Preamble Base of Preamble

Was based on objectives Resolution Was based on objectives Resolution Was based on objectives Resolution
1949. 1949. 1949.

Form of Government
Form of Government Form of Government
Provided a Parliamentary form of
Provided a Presidential form of Govt. Provided a Parliamentary form of Govt.
Govt.

Federal System Federal System Federal System

Provided a Federal System. Provided a Federal System. Provided a Federal System.

Nature of Legislature Nature of Legislature Nature of Legislature

Provided Unicameral Legislature. Provided Unicameral Legislature. Provided Bicameral Legislature. Upper
Parliament consisted of National Parliament consisted of National House Senate and Lower House
Assembly. Assembly. National Assembly.

System of Check and Balances System of Check and Balances

system of checks and balances
Introduced in 1956. No system introduced.
 COMPARISON OF PAKISTAN
CONSTITUTIONS (1956, 1962, 1973)

CONSTITUTION 1956 CONSTITUTION 1962 CONSTITUTION 1973

Legislature List
Legislature List
Provided only 3 legislature lists, i.e
Provided only 1 legislature list. All
Federal, Provincial and Concurrent
residuary powers belonged to
legislature by (18th Amendment in the
Provinces.
Constitution).
Name of Country Name of Country Name of Country
Name will be Islamic Republic of Name will be Democratic Islamic Name will be Islamic Republic of
Pakistan. Republic of Pakistan. Pakistan.

Principles of Policy Principles of Policy

Principles of Policy
Certain directive principles of policy Certain directive principles of policy
Certain principles of policy.
for guidance of govt. for guidance of govt.
Fundamental Rights Fundamental Rights Fundamental Rights
Rights provided to the citizens of Not initially provided but afterwards In Part II Chapter 1 guaranted to all
Pakistan. given by amendment. citizens of Pakistan.
Islamic Provisions Islamic Provisions
Were Incorporated but these provisions No law can be made which is
Islamic Provisions
were substantially uttered inconsistent with injunctions of
Were Incorporated.
by Constitution First Amendment Act. lslam and must be brought in with,
1963. such injunctions of Islam
 COMPARISON OF PAKISTAN
CONSTITUTIONS (1956, 1962, 1973)
CONSTITUTION 1956
Islamic Institutions
No Islamic institution.
Emergency Provisions
Made elaborate provisions for
meeting any possible emergency
that may arise in the country.
Supreme Judicial Council
Not introduced
Writ Jurisdiction
Was provided to High Court under
Article 170 of the constitution.
CONSTITUTION 1962
Islamic Institutions
Two Islamic institutions i.e, Advisory
Council of Islamic Ideology and
Islamic Research Institutes.
Emergency Provisions
Made elaborate provisions for meeting
any possible emergency that may arise
in the country.
Rule of Law.
Provided equal protection of law for all
and no person will be deprived of his
life or liberty save in accordance with
law.
Supreme Judicial Council
Introduced under Constitution.
Writ Jurisdiction
Was provided to High Court under the
constitution.
CONSTITUTION 1973
Islamic Institutions
Two Islamic institutions i.e, Advisory
Council of Islamic Ideology and
Islamic Research Institutes.
Emergency Provisions
Provided some provisions. The
president is authorized to proclaim
emergency for whole of Pakistan or
any part thereof.
Rule of Law
No person will be deprived of his fife
or liberty save in accordance with law
and all citizens have equal protection.
Supreme Judicial Council
Writ Jurisdiction
Was provided to High Court under
Article 199 of the constitution.
 COMPARISON OF PAKISTAN
CONSTITUTIONS (1956, 1962, 1973)

CONSTITUTION 1956 CONSTITUTION 1962 CONSTITUTION 1973

Method Of Election
Method Of Election Method Of Election
Provided both Indirect and direct
Direct method of election. Indirect method of election.
method of election.

Institution of Referendum Institution of Referendum Institution of Referendum

Not introduced. Was introduced. Was introduced.( amendment 18th)

National Language National Language Notional Language

Urdu and Bengali. Urdu and Bengali. Urdu.

Rigidity and flexibility

Flexible flexibility in constitution.
Rigid constitution.