Salient Features of 1973 Constitution of Pakistan

Introduction Constitution of Pakistan 1973

The 1973 Constitution of Pakistan was prepared by the first elected NA through a 25 members committee
under the leadership of Abdul Hafiz Pirzada of all parliamentary parties. The constitution was approved by
the Assembly on 10th April 1973 and assented to by the President on 12thApril 1973. It was enforced on
14thAugust 1973. This constitution was the first one, which enjoyed greater popular appraisal. It enjoyed
and still enjoys a great respect and is acknowledged as the best constitution ever produced in Pakistan.
Salient Features of 1973 Constitution of Pakistan
Below are the salient features of the Constitution of Pakistan 1973.

A Written and Lengthy Document

Pakistan 3rd constitution of 1973 is like its previous counterparts written in nature and character. It is one
of the lengthiest constitutions of the world, consisting of a Preamble and 280 Articles, classified into 12
Chapters and 6 Schedules. Most of the principles of the constitutional laws have been specified in the
constitution to avoid all possible ambiguities. Hence it is comprehensive and comparatively more detailed
than the previous ones.
Islamic Ideology
The 1973 Constitution of Pakistanis strictly based on Islamic ideology. Article-1 of the constitution
declares Pakistan to be an Islamic polity. The Muslims were advices to implement the teachings of Quran
and Sunnah in the daily life. Islam shall be the state religion. Besides, the Council of Islamic Ideology it
has been made obligatory for the President and Prime Minister to be Muslim.

Federal System
According to Article-I of the constitution, Pakistan shall be federal republic to be known as Islamic
Republic or Pakistan. There are two legislative lists - the Federal List and the Concurrent List. The central
government has exclusive right to legislate on all matters enumerated in the Federal List. As far as the
Concurrent List is concerned, both the central and the provincial governments can make laws on their
subjects, however, in case of conflict the central law will prevail while the other will stand invalid. The
residuary powers are vested in the provincial governments. Although the provincial autonomy has been
ensured but the supremacy of the federal government has been recognized in various legislative,
administrative and fiscal matters.

Parliamentary Form
The 1973 constitution establishes a parliamentary form of government. The Prime Minister and the
cabinet ministers belong to Parliament and are responsible to it for their conduct and policies. They
remain in office so long as they enjoy the confidence of the majority members. The Parliament can pass a
vote of No-Confidence against them. The President is the head of State and the Prime Minister is the
head of Government. The President has to act on the advice of Prime Minister.

Bicameralism
Unlike the previous practices the present political system is characterized by bicameralism called Majlis-e-
Shura (Article-50) consisting of two Houses – the National Assembly and the Senate. The former is the
lower and popular house chamber directly elected for a period of 5 years. Its total strength is 217 (under
LFO 342) while the Senate is the upper chamber, which represents the units. It consists of 87 members
(under LFO 100) who are indirectly elected for a term of 6 years. Both the houses share equal powers in
respect of legislation but in certain matters the National Assembly is more powerful especially in matters
of financial legislation.
Fundamental Rights
The constitution of 1973 incorporates all the fundamental rights that were ensured under the defunct
constitution. Neither the Parliament nor the provincial assemblies are authorized to enact laws repugnant
to these rights otherwise the courts will declared such laws to be unconstitutional. Some of these rights
include freedom of movement, freedom of assembly, association, profession, speech and freedom of
religion, right to property, equality before law etc.
Independence of Judiciary in 1973 Constitution
Under the Constitution of 1973 proper safeguards have been provided to ensure independence of
judiciary. Judges of the superior courts once appointed can only be removed on the basis of inquiry report
submitted by Supreme Judicial Council. Thus they enjoy full security of office. They receive huge salaries
along with many other allowances. There is single judicial hierarchy with Supreme Court at the top and
the High Court next in order.

Directive Principles of State Policy

Directive Principles of State Policy lay down the basic objectives and future plan of action of the political
system. All the government agencies take guidance from these principles. However, their realization
depends upon the availability of resources, commitment of the decision makers and the contemporary
environment. Hence their violation is not an offence or illegal action. Most of the Islamic provisions of the
constitution are part of the directive principles of the state policy especially those dealing with the
enforcement of socio-economic justice

Rule of Law
All citizens arc ensured equal protection of law. It is explicitly laid down in the constitution that the
executive has no power to deprive a citizen of his life, liberty, property and equality etc. nor can a person
be stopped from doing certain things which one is entitled to do under law. The courts can issue different
types of order for the protection of law.
Position of the President
The President is the chief executive head of the state. He is assisted by the Prime Minister and his
cabinet ministers for running the governmental machinery smoothly. He represents the unity of the
republic. He is chosen for a period 5 years by members of Parliament and all the provincial assemblies.
All the executive authority is vested in him. He appoints all the top-ranking military and civil officials of the
state. All the bills passed by Parliament must be assented to by him. He can summon and prorogue either
house of the Parliament. He can also dissolve the National Assembly on the advice of the Prime Minister
and can issue ordinances. He has a great say in the foreign policy of the nation.
A Rigid Constitution
The 1973 constitution of Pakistan is a rigid constitution but it is not so rigid like that of US Constitution.
Article-239 provides a very rigid procedure of amending the constitution. A bill to amend the constitution
must be passed by both the houses of Parliament separately by 2/3rd majority vote. After that the bill is to
be submitted to the President for his assent. If the President signs the bill, the constitution will be
amended accordingly.

Salient features of the Constitution of 1973 of Pakistan

The Constitution of 1973

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 strenghened.

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

Salient Feature of the 1973 Constitution of Pakistan:

The present Constitution is the third constitution of the country which was drafted and
passed by the National Assembly of Pakistan on April 10, 1973. It was authenticated by the
president on April 12, 1973 and enforced on August 14, 1973. Following are the main
characteristics of this constitution.
1) A Written Constitution

The Constitution of 1973 is written with a preamble, 280 Article, 6 Schedules and a few
Amendments. Political Usage’s and Traditions are yet to emerge and develop side by side
with the constitution of Pakistan.

2) Flexibility

The Constitution is neither too rigid like the American Constitution nor too flexible like the
British Constitution. It can he amended if 2/3 majority of the total strength of the National
Assembly approves an amendment in it and when the same is absented to by the Senate
with majority of its total strength.

3) Republican Form of Government

According to the Constitution, Pakistan shall be an Islamic Republic. The Head of the State
shall be elected by the parliament in a joint sitting for a term of five years. He may be re-
elected for another term also.

4) Federal Form of Government

Pakistan shall be a Federation consisting of the provinces of Sind, Punjab, N.W.F.P and
Baluchistan. Powers of the Federation have been enumerated in the Federal Legislative list
part-I and II and residuary powers belong to the provinces Powers common to both the
federal and the provincial Governments have been enumerated in the Concurrent List.

5) Parliamentary Form of Government

The Constitution provides for Parliamentary form of Government both at the centre and in
the provinces. Both the Prime Minister and the Chief Ministers are held responsible to the
National and Provincial Assemblies. They continue in office as long as they command
confidence of the assemblies.

They may be removed by the assemblies through a vote of No-Confidence.

6) Bicameral Legislature

The Legislature will Bicameral. The Lower House is called the National Assembly directly
elected by the people on the basis of one man one vote for a term of 5 years. The upper
House is called the Senate elected by the Provincial Assemblies on the basis of
Proportional Representation. The National Assembly is subject to dissolution but not the
Senate.

7) Fundamental Rights
The Constitution grants and protects the fundamental rights of the citizens of Pakistan. They
include the right to life, property, profession, liberty of thought and expression, freedom of
association, religion, equality of citizens etc. In case of their violation, the affected person
may go to the Courts for seeking redress of his grievances.

8) Pakistan to be a Welfare State

The Constitution reflects the spirit of a Welfare State. It provides that •illiteracy shall be
removed; educational and economic interests of backward classes and areas shall be
promoted; just and human conditions of work shall be provided; prostitution, gambling and
consumption of alcoholic liquor shall be prohibited and well-being of the people, irrespective
of caste, sex, creed or race will be secured by raising their standard of living. Basic
necessities of life like food, housing, clothing, education, and medical relief shall be
provided to the citizens who are permanently or temporarily unable to earn their livelihood.

9) Independence of Judiciary

Although the members of the judiciary are appointed by the president yet the powers to
remove them from their offices have not been given to him for ensuring independence of
judiciary. The judges can be removed by the president only when the Supreme Judicial
Council of Pakistan so advises him. The Constitution also provides independence of the
judiciary from the Executive.