Constitution of Pakistan

The Constitution of Pakistan is the supreme law of Pakistan. There have been several
documents known as the Constitution of Pakistan. The Constitution of 1973 is the
existing constitution, which provides for a parliamentary system with a President as head
of state and popularly elected Prime Minister as head of government. Pakistan has a
bicameral legislature that consists of the Senate (upper house) and the National Assembly
(lower house). Together with the President, the Senate and National Assembly make up a
body called the Majlis-i-Shoora (Council of Advisors) or Parliament.

The Government of India Act, 1935

Under Section 8 of the Indian Independence Act, 1947, the Government of India Act,
1935 became, with certain adaptations, the working constitution of Pakistan. But the need
of a constitution to be framed by the elected representatives of the people, was all the
more necessary for the free people of a sovereign state. Therefore the first Constituent
Assembly was formed under the Independence Act, 1947 and was entrusted with two
separate functions.

• To frame a Constitution for the country, and

• To set as a Federal Legislative Assembly or Parliament until that Constitution
came into effect.

The powers and functions of the central legislature under the Government of India Act,
1935, were conferred on the Constituent Assembly. The Constituent Assembly could,
however, amend the Indian Independence Act, 1947 or the Government of India Act,
1935, and no Act of the British Parliament could be extended to Pakistan without
legislation by the Constituent Assembly. The first Constituent Assembly originally
consisted of 69 members; subsequently the number of members was increased to 79
(including 44 from East Bangal)
Objectives Resolution

Liaquat Ali Khan

The first big step in the framing of a constitution for Pakistan was taken by the
Constituent Assembly on 12 March 1949, when it passed a resolution on the 'Aims and
Objectives of the Constitution', popularly known as the Objectives Resolution. It laid the
foundation of the constitution and indicated the broad outline of its structure. The
resolution was moved by Liaquat Ali Khan, the first Prime Minister of Pakistan. While
moving the Resolution, he said:

"Sir, I consider this to be a most important occasion in the life of this country, next in importance
only to the achievement of independence, because by achieving independence we only won an
opportunity of building up a country and its polity in accordance with our ideals. I would like to
remind the house that the Father of the Nation, Quaid-i-Azam, gave expression of his feelings on
this matter on many an occasion, and his views were endorsed by the nation in unmistakable
terms, Pakistan was founded because the Muslims of this sub-continent wanted to build up their
lives in accordance with the teachings and traditions of Islam, because they wanted to
demonstrate to the world that Islam provides a panacea to the many diseases which have crept
into the life of humanity today."

The resolution was debated for five days. The leading members of the government and a
large number of non-Muslim members, especially from East Bengal, took a prominent
part.

Below is the text of the Objectives Resolution:

Whereas sovereignty over the entire universe belongs to Allah Almighty alone and the authority
which He has delegated to the State of Pakistan, through its people for being exercised within the
limits prescribed by Him is a sacred trust; This Constituent Assembly representing the people of
Pakistan resolves to frame a Constitution for the sovereign independent State of Pakistan;
Wherein the State shall exercise its powers and authority through the chosen representatives of
the people; Wherein the principles of democracy, freedom, equality, tolerance and social justice
as enunciated by Islam shall be fully observed; Wherein the Muslims shall be enabled to order
their lives in the individual and collective spheres in accordance with the teachings and
requirements of Islam as set out in the Holy Quran and the Sunnah; Wherein adequate provision
shall be made for the minorities to profess and practice their religions and develop their cultures;
Wherein the territories now included in or in accession with Pakistan and such other territories as
may hereafter be included in or accede to Pakistan shall form a Federation wherein the units will
be autonomous with such boundaries and limitations on their powers and authority as may be
prescribed; Wherein shall be guaranteed fundamental rights including equality of status, of
opportunity and before law, social, economic and political justice, and freedom of thought,
expression, belief, faith, worship and association, subject to law and public morality; Wherein
adequate provisions shall be made to safeguard the legitimate interests of minorities and
backward and depressed classes; Wherein the independence of the Judiciary shall be fully
secured; Wherein the integrity of the territories of the Federation, its independence and all its
rights including its sovereign rights on land, sea and air shall be safeguarded; So that the people
of Pakistan may prosper and attain their rightful and honored place amongst the nations of the
World and make their full contribution towards international peace and progress and happiness of
humanity.

The Constitution of 1956

After nine years of efforts, Pakistan was successful in framing a constitution in 1956. The
Constituent Assembly adopted it on 29 February, 1956, and it was enforced on 23 March,
1956, proclaiming Pakistan to be an Islamic Republic. The Constitution was lengthy and
detailed; it contained 234 articles divided into thirteen parts and six schedules. The
Constitution of 1956 provided for federal system with the principle of parity between
East Pakistan and West Pakistan. The Federal Legislature was to perform like the British
Parliament. The Centre was invested with such powers as to take unilateral action in
emergency and it could influence the provincial autonomy.

The Constitution of 1956 provided for the parliamentary form of government, where real
executive authority was vested in a cabinet, collectively responsible to the legislature.
The cabinet was presided over by the Prime Minister. The Constitution declared that
there would be only one house of parliament known as the National Assembly and
equality between the two Wings (i.e., East Pakistan and West Pakistan) was maintained
in it. The Governor General was replaced by a President, who was to be elected by an
Electoral College comprising of members of the National Assembly and Provincial
Assembly.
Familiar democratic rights and freedoms such as freedom of speech and expression, of
assembly and association, of movement and of profession were all provided in the
Constitution, with the usual qualifications. With regards to civil rights, familiar rights
such as rights of life, liberty and property were granted, again with the usual
qualifications and safeguards. The judiciary was given power to enforce the fundamental
rights and the courts were to decide if a law was repugnant to any provisions of the
fundamental rights.

As per the Constitution, Urdu and Bengali were made national languages.

Islamic provisions in the Constitution of 1956

• The text of Objectives Resolution was repeated in the preamble of the

Constitution of 1956 without any major change.
• The name "Islamic Republic of Pakistan" was selected for the state of Pakistan.
• All citizens of Pakistan were granted freedom to profess, practise and propagate
any religion and the right to establish, maintain and manage religious institutions.
• According to the directive principles, steps were to be taken to enable the
Muslims of Pakistan individually and collectively to order their lives in
accordance with principles in Holy Quran and Sunnah.
• No law shall be enacted which is repugnant to the injunctions of Islam as laid
down in the Holy Quran and Sunnah and that existing laws shall be brought into
conformity with such injunctions. Whether a law was repugnant to Islam or not,
would be decided by the National Assembly.
• Only a Muslim could be qualified for election as President.
• The President should set up an organisation for Islamic research and instruction in
advanced studies to assist in the reconstruction of Muslims society on a truly
Islamic basis.
• Teaching of the Holy Quran was to be made compulsory for Muslims.
• The purchase and sale of alcohol was banned and prostitution was prohibited.
• No person should be compelled to pay any special tax, the proceeds of which
were to be spent on the propagation of any religion other than his own.
• The state should endeavour to strengthen the bonds of unity among Muslim
countries.

The first martial law and the abrogation of the Constitution

On 7 October 1958, President Iskandar Mirza staged a coup d'état. He abrogated the 1956
constitution, imposed martial law and appointed General Mohammad Ayub Khan as the
Chief Martial Law Administrator and Aziz Ahmad as Secretary General and Deputy
Chief Martial Law Administrator. However, only three weeks later General Ayub -- who
was openly questioning the authority of the government prior to the imposition of martial
law -- deposed Iskandar Mirza on 27 October 1958 and assumed the presidency that
practically formalized the militarization of the political system in Pakistan.
The Constitution of 1962

Muhammad Ayub Khan

President General Ayub Khan appointed a Commission on 17 February 1960 to report on

the future political framework. The Commission was headed by the former Chief Justice
of Pakistan, Mr. Mohammad Shahabuddin, and had ten other members, five each from
East Pakistan and West Pakistan, composed of retired judges, lawyers, industrialists and
landlords. The report of the Constitution Commission was presented to President Ayub
on 6 May 1961 and thoroughly examined by the President and his Cabinet. In January
1962, the Cabinet finally approved the text of the new constitution. It was promulgated
by President Ayub on 1 March 1962 and finally came into effect on 8 June 1962. The
Constitution contained 250 articles divided into twelve parts and three schedules.

As per the Constitution of 1962, Pakistan was renamed as 'Republic of Pakistan'. The
word 'Islamic' was dropped in this constitution. The Constitution provided for federal
system with the principle of parity between East Pakistan and West Pakistan. Both the
provinces would run their separate provincial governments. The responsibilities and
authority of the centre and the provinces were clearly listed in the constitution. The
Central Legislature had one house known as the National Assembly. There were 156
members of the National Assembly. The equality between the two wings were
maintained in it.

The Constitution of 1962 provided Presidential form of government, as opposed to the

Parliamentary form of government under the 1956 Constitution. The President, who must
be a Muslim not less than 35 years of age and qualified for election as a member of the
National Assembly was to be elected indirectly by an Electoral College in accordance
with the provisions outlined in the Constitution itself. The Electoral College formed by
not less than 80,000 Basic Democrats (B.D.), equally distributed between the two
provinces. Under the Constitution of 1962, if the number of candidates for election to the
office of President exceeds three, the Speaker of the National Assembly was to convene a
joint session of the members of the National and Provincial Assemblies to select only
three candidates for election, the remaining candidates then would not be eligible. This
screening was not applicable to a person who was holding the office of the President i.e.
if the sitting President was also a candidate the number of candidates would be four.

The term of the President was five years to act as Head of State as well as Chief
Executive -- solely responsible for country's administration. Governor and Minister were
appointed and removed by him. He was eligible to promulgate Ordinances and veto
against legislated laws only overrideable by two-thirds of the National Assembly.
However, the President was not empowered to dissolve the Assembly except at the cost
of his office also. On a charge of violating the Constitution or gross misconduct the
President might be impeached by the National Assembly for which one-third of the total
members of the National Assembly must give written notice to the Speaker for the
removal of the President. The President was to be removed from office if the resolution
for impeachment was passed by votes of not less than three-fourths of the total members
of the Assembly. A significant feature of the impeachment procedure was that if the
resolution for removal of the President fails to obtain one-half of the total number of
members of the National Assembly the movers of the resolution would cease to be
members of the Assembly.

There was no restriction of religion for a person holding the office of the Speaker of the
National Assembly. Secondly, if the President resigns from his office or vote of no-
confidence passes against him, then according to the Constitution the Speaker would act
as the President of the State till the election of new President. Under these special
circumstances, a non-Muslim might get the chance to be an acting President of Pakistan.

The Constitution of 1962 provided for elections of Central and Provincial Legislatures for
a term of five years. The members of the Assemblies were elected by the Basic
Democrats. The National Assembly was exclusively empowered to legislate for the
central subjects. However, it could legislate on matters falling under provincial
jurisdiction. The power to impose taxes was laid with the central legislature. The
Assembly had to serve as a court in the cases of impeachment, conviction or declaring the
President as incapacitated. It could amend the Constitution but with two-thirds majority.
However, if President's veto was even over-ridden, he had the right to ask for the assent
of the Electoral College. The procedure of the Provincial Assemblies was identical with
that of the National Assembly.

Urdu and Bengali were recognised as national languages.

Islamic provisions in the Constitution of 1962

• The preamble of the Constitution of 1962 was based on the Objectives

Resolution.
• The Constitution laid down simply that the state of Pakistan shall be a republic
under the name "Republic of Pakistan". The word 'Islamic' was dropped in this
Constitution. But when the National Assembly met in June 1962, there was a
 demand that the word 'Islamic' should be re-introduced. There was some
justification for this demand. If Islamic provisions were to be maintained there
was no reason why the republic should not be designated an Islamic Republic.
The first amendment (December 1962) therefore rectified this article.
• According to the principles of policy, steps were to be taken to enable the
Muslims of Pakistan individually and collectively, to order their lives in
accordance with the fundamental principles and basic concepts of Islam, and
should be provided with facilities whereby they may be enabled to understand the
meaning of life according to those principles and concepts.
• No law shall be enacted which is repugnant to the teachings and requirements of
Islam as set out in the Holy Quran and Sunnah and all existing laws shall be
brought in conformity with the Holy Quran and Sunnah.
• Only a Muslim could be qualified for the election as President.
• Teaching of the Quran and Islamiyat to the Muslims of Pakistan was made
compulsory.
• Proper organisation of Zakat, Wakfs and Mosques were ensured.
• Practical steps were to be taken to eradicate social evils such as the use of alcohol,
gambling, etc.
• A novel Islamic provision in the 1962 Constitution had introduced an 'Advisory
Council of Islamic Ideology' to be appointed by the President. The fudementals of
Islam as set out in the Holy Quran and Sunnah.klesident. klstruction in Islam for
the purpose of assisting in the reconstruction of Muslim State on a truly Islamic
basis.
• The state Of pakistan endeavour to strengthen the bonds of unity among Muslim
countries

The second martial law, abrogation of the Constitution and the new
political situation

The second martial law was imposed on March 25, 1969, when President Ayub Khan
abrogated the Constitution of 1962 and handed over power to the Army Commander-in-
Chief, General Agha Mohammad Yahya Khan. On assuming the presidency, General
Yahya Khan acceded to popular demands by abolishing the one-unit system in West
Pakistan and ordered general elections on the principle of one man one vote.

General Yahya's regime made no attempt to frame a constitution. The expectations were
that a new constituent assembly would be set up by holding a free and fair election. In
order to hold the proposed elections, President Yahya Khan promulgated a Legal
Framework Order on March 30, 1970 that also spelled out the fundamental principles of
the proposed constitution and the structure and composition of the national and provincial
assemblies.

In December 1970 elections were held simultaneously for both the national and five
provincial assemblies. By any criteria, elections were free and fair. There was no
interference from the government; it maintained strict neutrality showing no favor or
discrimination for or against any political parties. The members of the ruling council of
ministers were debarred from participation in the elections. There were no allegations of
rigging of the elections as is often alleged in elections held in the countries of the third
world

But the results of the first and the last general elections in united Pakistan were simply
disastrous from the standpoint of national unity and demonstrated the failure of national
integration. There was not a single national party in the country which enjoyed the
confidence of the people of Pakistan, both East and West Pakistan. Two regional parties
-- the Awami League (AL) under the leadership of Sheikh Mujibur Rahman in East
Pakistan -- won 160 out of 162 seats allotted for East Pakistan. But in West Pakistan it
could not secure a single seat and the percentage of votes secured by the Awami League
in the four provinces of West Pakistan were: 0.07 (Punjab), 0.07 (Sindh) 0.2 (North West
Frontier Province) and 1.0 (Baluchistan).

The Pakistan Peoples Party (PPP) under the leadership of Zulfikar Ali Bhutto won 81 out
of 138 seats for West Pakistan. But the PPP did not even dare to set up a candidate in
East Pakistan. The remaining 57 seats of West Pakistan were shared by seven parties and
there were fifteen independent candidates. The PPP emerged as the single largest party in
West Pakistan with majorities in Sindh and the Punjab; and the National Awami Party
(NAP) together with their political ally, Jamiat-ul Ulema-i-Islam (of Maulana Mufti
Mahmood) JUI, got clear majorities in Baluchistan and the NWFP. None of the West
Pakistani political parties, like the PPP, could win a single seat in East Pakistan. The
religious question played little or no part in the elections. There can be no doubt that in
East Pakistan the principles which won the consensus of opinion was the single basic
notion of autonomy.

The Awami League had fought the elections on the basis of their six points formula,
which committed them to restructure the existing federal system in order to ensure
maximum political autonomy for East Pakistan. Under this formula, only two portfolios
-- Foreign Affairs and Defence -- would be retained by the central government. The PPP,
on the other hand, was not willing to dilute the authority of the central government in
spite of assuring full provincial autonomy for all the provinces of Pakistan. The NAP and
JUI coalition sided with the AL so that they might obtain maximum autonomy for their
own provinces, i.e., Baluchistan and the NWFP.

The election results truly reflected the ugly political reality: the division of the Pakistani
electorate along regional lines and political polarization of the country between the two
wings, East and West Pakistan. In political terms, therefore, Pakistan as a nation stood
divided as a result of the very first general elections in twenty-three years of its existence.

Thus the general elections of 1970 produced a new political configuration with three
distinct centers of power:(i) the AL in East Pakistan: (ii) the PPP in Sindh and the Punjab;
and (iii) the NAP-JUI in Baluchistan and the NWFP. At the top of all this was the fourth
center of power, the armed forces with their spokesman, Yahya Khan.
There were two major claimants of power: Sheikh Mujibur Rahman and Zulfikar Ali
Bhutto. According to G W Chowdhury in his book 'The Last Days of United Pakistan',
"both (the leaders) flourished on negative appeals to the illiterate voters of Pakistan, one
by whipping up regional feeling against Punjabi domination and the other by whipping
up militant national feelings against India. Neither had any constructive or positive
approach." Mujib was apparently more interested in creating a separate state for Bengalis,
Bangladesh since he had no trust in the ruling elite of West Pakistan.

On the other hand, Bhutto was more interested in getting power, no matter whether in a
united or divided Pakistan. In fact he realized that in a united Pakistan, he had little
chance of becoming either prime minister or president. According to GW Choudhury, "he
realized from his discussions with Bhutto before and after the 1970 elections that if he
had to make a choice between the two 'Ps (power or Pakistan), he would choose the
former. He was more interested in getting a 21-gun salute as the head of the state than in
the maintenance of the unity of Pakistan."

Negotiations were held between January and March 1971 between the two major regional
leaders - Mujib and Bhutto - and the ruling military government under President Yahya
Khan. But the tripartite negotiations for an agreed federal or even a confederal
constitution was a dismal and total failure. Under the Legal Framework Order, the
President was to decide when the Assembly was to meet. Once assembled it was to frame
a new constitution within 120 days or stand dissolved. On 13 February 1971, the
President announced that the National Assembly was to meet at Dacca on 3 March. By
this time the differences between the main parties to the conflict had already crystallized.

On December 22, 1970 the Secretary of the Awami League, Tajuddin Ahmed, claimed
that his party having won an absolute majority had a clear mandate and was quiet
competent to frame a constitution and to form a central government on its own. Sheikh
Mujibur Rehman declared on January 3, 1971 that his party would not frame a
constitution on its own, even though it had a majority. He refused, however, to negotiate
on the Six Points, saying that they were now public property and no longer negotiable.

The crux of the conflict was that the majority party in the west, led by Bhutto, was
convinced that a Federation based on the Six Points would lead to a feeble confederation
in name only. At best it would lead to a feeble confederation and at worst it would result
in the division of the country into two states. These fears were evidently shared by the
military leaders in the west, including President Yahya Khan who had publicly described
Sheikh Mujibur Rehman as the 'future Prime Minister of Pakistan' on January 14, 1971.

Bhutto announced on February 15 that his party would not attend the National Assembly
unless there was 'some amount of reciprocity' from the Awami League. Sheikh Mujib
replied at a press conference on February 21, asserting that 'Our stand is absolutely clear.
The constitution will be framed on the basis of the Six Points'. He also denied that the Six
Points would leave the central government at the mercy of the provinces and contended
that they were designed only to safeguard provincial autonomy.
On February 28, Bhutto demanded that either the 120-day limit for the national Assembly
be removed or the opening session be postponed, declaring that if it was held on March 3
as planned, there would be a general strike throughout West Pakistan. President Yahya
Khan responded next day by postponing the Assembly meeting to March 25. The
postponement of the National Assembly came as a shattering disillusionment to the
Awami League and their supporters throughout East Pakistan. It was seen as a betrayal
and as proof of the authorities of the West Pakistan to deny them the fruits of their
electoral victory. This resulted in the outbreak of violence in East Pakistan. The Awami
League launched a non-cooperation movement and virtually they controlled the entire
province.

The National Assembly, however, could not even meet on March 25 due to widespread
disturbances in East Pakistan where the army moved in on 26 March to control the
situation. The civil disobedience movement later developed into a war of national
liberation fully backed by the Indian army. As a result, Pakistani forces had to surrender
to the Indian Army, and almost over 93,000 military personnel were taken as prisoners of
war on December 16, 1971. Thus ended an important era of the largest Muslim state,
Pakistan. A new and smaller Pakistan emerged on 16 December 1971.

Demoralized and finding himself unable to control the situation, General Yahya Khan
surrendered power to Bhutto who was sworn-in on December 20, 1971 as President and
as the (first civilian) Chief Martial Law Administrator.

The Constitution of 1973

Zulfikar Ali Bhutto

After gaining power, Zulfikar Ali Bhutto invited the leaders of the parliamentary parties
to meet him on 17 October 1972, which resulted in an agreement known as the
'Constitutional Accord', after an intensive discussion. As per consultations floated by
PPP, the National Assembly of Pakistan appointed a committee, of 25 members, on 17
April 1972, to prepare a draft of the permanent Constitution of Pakistan. Mohammad Ali
Kasuri was the elected chairman of the Committee. On 20 October 1972, the draft bill for
the Constitution of Pakistan was signed by leaders of all parliamentary groups in the
National Assembly. A bill to provide a constitution for the Islamic Republic of Pakistan
was introduced in the Assembly on 2 February 1973. The Assembly passed the bill
unanimously on 19 April 1973 and endorsed by the acting President Zulfikar Ali Bhutto
on 12 April 1973. The Constitution came into effect from 14 August 1973. On the same
day, Bhutto took over as the Prime Minister and Choudhary Fazal-e-Elahi as the
President of Pakistan.

This constitution represented a compromise consensus on three issues: the role of Islam;
the sharing of power between the federal government and the provinces; and the division
of responsibilities between the President and the Prime Minister, with a greatly
strengthened position for the latter.

The Constitution provided for federal system. The Federal Legislature is to function like
the British Parliament. In order to allay fears of the provinces concerning domination of
the Centre, the constitution established a bicameral legislature with a Senate (the upper
house), providing equal provincial representation, and a National Assembly (the lower
house), allocating seats according to population.

Islam has been declared as the State religion. The Constitution named Pakistan as the
"Islamic Republic of Pakistan". Only a Muslim could become the President or the Prime
Minister of Pakistan. No law repugnant to Islam shall be enacted and the present laws
shall also be Islamised.

The President must be a Muslim not less than 45 years of age, elected by members of
Parliament. He is to hold office for a term of five years. The President could be removed
by the resolution of parliament of not less than two-thirds of the total membership. The
President could issue ordinances when the Parliament is not in session. The President has
the power of granting pardon and the right to be kept informed by the Prime Minister on
all matters of internal and foreign policies.

The Constitution sets-forth the Parliamentary System of Government. The head of the
Government, according to the Constitution, will be the Prime Minister. The Prime
Minister and his Cabinet is accountable to the National Assembly for his actions. The
Prime Minister would be elected by the majority of the National Assembly.

The Constitution of 1973 introduced a new institution known as the 'Council of Common
Interests' consisting of Chief Ministers of the provinces and an equal number of Ministers
of the Federal Government nominated by the Prime Minister. The Council could
formulate and regulate the policy in the Part II of the Legislative List. In case of
complaint of interference in water supply by any province the Council would look into
the complaint.

Another major innovation in the Constitution of 1973 is the establishment of a National

Finance Commission (NFC) consisting of the Federal and Provincial Finance Ministers
and other members to advice on distribution of revenues between the federation and the
provinces.
The Principels of Policy includes Islamic way of life, promotion of Local Government
institutions, full participation of women in national life, protection of minorities,
promotion of social and economic well being of the people, and strengthening the bonds
with the Muslim world and to work for international peace.

Under the 1973 Constitution, Fundamental Rights include security of person, safeguards
as to arrest and detention, prohibition of slavery and forced labour, freedom of
movement, freedom of association, freedom of speech, freedom to profess religion and
safeguards to religious institutions, non-discrimination in respect of access to public
places and in service, preservation of languages, script and culture. The judiciary enjoys
full supremacy over the other organs of the State.

Urdu is the national language.

Islamic provisions in the Constitution of 1973

• The name 'Islamicle the Muslims of Pakistan, individually or collectively, to order

their lives in accordance with the fundamental principles and basic concepts of
Islam.
• Steps shall be taken to make the teaching of the Holy Quran and Islamiyat
compulsory, to encourage and facilitate the learning of Arabic language and to
secure correct and exact printing and publishing of the Holy Quran.
• Proper organisation of Zakat, Auqaf and Mosques is ensured.
• The state shall prevent prostitution, gambling and consumption of alcohol,
printing, publication, circulation and display of obscene literature and
advertisements.
• Only a Muslim could be qualified for election as President (male only) and Prime
Minister (male or female). No restriction as to religion or gender on any other
post, up to and including provincial governor and Chief Minister.
• All existing laws shall be brought in conformity with the injunctions of Islam as
laid down in the Holy Quran and Sunnah and no law shall be enacted which is
repugnant to such injunctions.
• A Council of Islamic Ideology shall be constituted referred t may, or if two-fifths
of its total membership so requires, a House or a Provincial Assembly shall, refer
to the Islamic Council for advice on any question as to whether a proposed law is
or is not repugnant to the injunctions of Islam.
• For the first time, the Constitution of Pakistan gave definition of a Muslim
which1974]]) of the 1973 Constitution declared for the first time the Qadianis or
the Lahoris as non-Muslims, and their leader, Mirza Ghulam Ahmed Qadian, who
had styled himself as a so-called prophet of Islam, as a fraudster and imposter
Nabi.
Comparison with previous constitutions

With regard to provincial rights the 1973 constitution was in fact the most centralised of
Pakistan's various constitutions. The Government of India Act of 1935, which Pakistan
adopted as its first working constitution, granted the federal government 96 items of
power. The 1956 constitution reduced that number to 49, and this was retained in the
1962 constitution. In 1973, however, it was then enlarged to 114.