Salient features of the Constitution of 1973 of Pakistan

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 by 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 the 1973 Constitution

The Constitution of 1973 is strikingly different from the earlier

Constitutions 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 introduction that states that Islam shall be a state

religion. The principles and provisions set out in the Objectives
Resolution have been made a 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 to it. A two-thirds majority of both the
Houses is required for this purpose.

5. Federal System

The Constitution of 1973 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. The prime minister is the head of the Parliamentary system.
He is the leader of the Majlis-e-Shoora (Parliamentary). He is elected on
a 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 the 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 the legislature.

8. Direct Method of Election

The Constitution of 1973 gives a direct method of election. The

members of the National Assembly and 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 the 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 the Muslim world shall be strengthened.

11. Independence of Judiciary

The Constitution of 1973 stresses 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 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 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 the rule of law in Pakistan. According

to the rule of law, no person can be deprived of his fundamental rights.
All the citizens of Pakistan are equal before the 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 a referendum on any important national issue

ISLAMIC PROVISIONS of the 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 the Islamic Concept of life. It also attempts to propagate
and implement the basic teachings of Islam.
 ISLAMIC PROVISIONS OF THE 1973 CONSTITUTION

The following are the Islamic provisions of the 1973 constitution based
on the principles of the Holy Quran and Sunnah.

1. Islamic Republic of Pakistan

Pakistan shall be known as the “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 that the people of
Pakistan will exercise within the limits prescribed by Quran and Sunnah.

4. Definition of a Muslim

The constitution also defines a Muslim. A person who believes in

Tauheed or Oneness of Allah, and the prophet hood of Hazrat

Mohammad (P.B.U.H) as the last prophet of Allah has been 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-non-Muslim could hold these
offices.
6. Islamic way of life

Steps shall be given to enable the Muslims of Pakistan to order their

lives under 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 the 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 the Holy Quran

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

9. Strengthen Bond, with Muslim World

The state shall endeavor to strengthen fraternal relations among Muslim

countries to promote Islamic unity.

10. Council of Islamic Ideology

There is a council of Islamic Ideology that 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 overrule its suggestion or opinion regarding any law.
11. Error-Free Publication of the Quran

The government shall endeavor 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 oaths to
preserve and protect Islamic Ideology.

13. Ahmadi’s A Non-Muslim Minority

According to the second amendment of the 1973 constitution, the

Qadiani group or the Lahori group who call themselves “Ahmadi’s” was
declared as a Non-Muslim minority.

CONCLUSION

The 1973 constitution enlisted the main principles of State Policy

Maximum efforts were made to improve the character of this
constitution. Like other constitutions, the 1973 constitution of Pakistan
also provides for the protection, propagation, and enforcement of
Islamic Ideology.