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History of Pakistan II

Week#3
The Constitution 1973
Pages10-12
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 What do you mean by constitution?
 Constitution is the fundamental law of a state
according to which state is run. It has three
pillars
 1. The Legislature
2. The Executive
3.The Judiciary
What was the 1973 Constitution?
Constitution of 1973. The constitution of
Pakistan 1973 was enforced on 14th Aug 1973.
It consists of 280 articles and 7 schedules 12
sections with Objective Resolution forming the
preamble of the constitution beside 20
amendments which have been made since
then.
Pages10-12
What are the main points of the 1973 Constitution?
Salient Feature of the 1973 Constitution of Pakistan
 1) A Written Constitution.
 2) Flexibility.
 3) Republican Form of Government.
 4) Federal Form of Government.
 5) Parliamentary Form of Government.
 6) Bicameral Legislature.
 7) Fundamental Rights.
 8) Pakistan to be a Welfare State.
 Who wrote Constitution of Pakistan 1973?
 Bhutto
 The draft constitution was passed by the federal Assembly by 135
votes in favor, with three abstentions. It was brought into force on
14th August 1973, and Bhutto was elected prime minister by the
National Assembly on 12th August.
 When was the 1973 constitution enforced?
 On 20 October 1972, the draft was revived by all leaders of the
political parties and signed the declaration of adopting the
Constitution in the National Assembly on 2 February 1973. Ratified
unanimously on 19 April 1973, the Constitution came into full effect
on 14 August 1973.
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 What is the name of Pakistan in 1973
constitution?
 The Constitution of the Islamic Republic of
Pakistan (Urdu:‫)آ?ئینپ???اک?ستان‬, also known as the
1973 Constitution, is the supreme law of Pakistan.
 What are the fundamental rights in Pakistan?
 The Constitution of Pakistan provides
for fundamental rights, which include freedom of
speech, freedom of thought, freedom of information,
freedom of religion, freedom of association, freedom
of the press, freedom of assembly and the
(conditional) right to bear arms.
 
Salient Features of Constitution 1973
 Preamble
 Written Constitution
 Federal Constitution
 Semi -Rigid Constitution
 National Language
 Islamic Constitution
 Independent Judiciary
 Parlia mentary Constitution
 Supermacy of constitution
 Constitutional Institution
 Bicameral Legislature
 Fundamental Rights
 
Pages10-12
Preamble
• The Objectives Resolution was included in the opening
of the Constitution.
• According to which Sovereignty (absolute Power)
belongs to Allah Almighty. The people’s representative
used these powers as a sacred trust within the limits
prescribed.
Written constitution

• Like the previous constitution it is also a


written document which comprises 280
articles, 12 sections and 6 judicial records.
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Federal constitution
• Like the previous constitution Pakistan has been declared a federal state
in the 1973 constitution.
• The federation is consists of four provinces:
oFederal capital
oAdjoining tribal areas called FATA (Federally Administered Tribal area)
oPATA (Provincially Administered Tribal Areas).
Semi-Rigid Constitution

• It is semi-rigid(neither too difficult nor too easy).


• Two-thirds majority of Parliament(National Assembly
and Senate) make amendment in constitution.
National Assembly

• Urdu declared as an national language.


• In 15 years Urdu will be made as an Official language.
• During this period Urdu English will be used as and
official language with has been not possible so far.
Islamic Constitution

• Islam has been declared as the state religion.


• It is essential for the President and Prime Minister to be Muslim.
• The official name of the state is “Islamic Republic of Pakistan.”
• Islamic mode of life, steps to take to abolish interest,
zakat,Auquaf and Ushr.
Independent Judiciary

• Judiciary should be independent means it will be


separated from the Executive.
• Judges should be paid and get security.
Parliamentary constitution
• National assembly should have a tenure of 5 years.
• Parliamentary form of government was implemented.
• President is the head of state elected by Parliament and provincial
assemblies.
• Whereas Prime Minister is the head of government elected by majority in
National Assembly.
Supremacy of Constitution

• Any person abrogates the constitution or tries to


abrogate it, he will be charged with high treason
and prosecuted accordingly.
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Constitutional Institutions
• 1973 constitution sets several institutions:
1. The Council for common interest.
2. National Economic Council.
3. National Finance Commission
4. Election Commission of Pakistan
5. Federal Ombudsman etc.
Bicameral legislature

• Parliament consists of two houses:


1. Upper house Senate members 104.
2. Lower house National Assembly members 342.
3. Total members of Majilis-e-Shoora is 446.
4. Tenure of both houses six years.
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Fundamental Rights

• The citizens have all fundamental rights.


• The parliament and provincial assemblies cannot make
any law that negates any fundamental right.
Home Assignment

Qi1 Enlist vmain features of Constitution 1973


Q.2 Why this constitution is calledvthe federal
constitution?
Q.3 Describe the composition of Bi-Cameral Legislature.
Thank You
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Learn topic
on page 10-12
References
https://www.youtube.com/watch?v=Y-JZRl4pU-0
https://www.youtube.com/watch?v=LDljOM4oIF0

https://www.youtube.com/watch?v=Ks7D4CtwT2w

https://www.youtube.com/watch?v=ZrhwmDq4Saw

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