The Constitution of Pakistan ( ;
ISO
The International Organization for Standardization (ISO ; ; ) is an independent, non-governmental, international standard development organization composed of representatives from the national standards organizations of member countries.
Me ...
: '' Āīn-ē-Pākistān''), also known as the 1973 Constitution, is the supreme
law of Pakistan
The law of Pakistan is the law and legal system existing in the Islamic Republic of Pakistan. Pakistani law is based upon the legal system of British India; thus ultimately on the common law of England and Wales.
History
Following the establi ...
. The document guides Pakistan's law, political culture, and system. It sets out the state's outline, the fundamental rights of the population, the state's law and orders, and also the structure and establishment of the institutions and the armed forces.
Drafted by the government of
Zulfikar Ali Bhutto
Zulfikar Ali Bhutto (5 January 1928 – 4 April 1979) was a Pakistani barrister and politician who served as the fourth president of Pakistan from 1971 to 1973 and later as the ninth Prime Minister of Pakistan, prime minister of Pakistan from 19 ...
, with additional assistance from the country's
opposition parties
Parliamentary opposition is a form of political opposition to a designated government, particularly in a Westminster-based parliamentary system. This article uses the term ''government'' as it is used in Parliamentary systems, i.e. meaning ''th ...
, it was unanimously approved by the
5th Parliament on 10 April and ratified on 14 August 1973.
The first three chapters establish the rules, mandate, and
separate powers of the three branches of the government: a
bicameral
Bicameralism is a type of legislature that is divided into two separate Deliberative assembly, assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate ...
legislature; an executive branch governed by the
Prime Minister
A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
as chief executive; and an apex federal judiciary headed by
Supreme Court
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
.
The Constitution designates the
President of Pakistan
The president of Pakistan () is the head of state of the Islamic Republic of Pakistan. The president is the nominal head of the executive and the supreme commander of the Pakistan Armed Forces. as a ceremonial
Head of State
A head of state is the public persona of a sovereign state.#Foakes, Foakes, pp. 110–11 "he head of state
He or HE may refer to:
Language
* He (letter), the fifth letter of the Semitic abjads
* He (pronoun), a pronoun in Modern English
* He (kana), one of the Japanese kana (へ in hiragana and ヘ in katakana)
* Ge (Cyrillic), a Cyrillic letter cal ...
being an embodiment of the State itself or representative of its international persona." The name given to the office of head of sta ...
who is to represent the unity of the state.
The first six articles of the constitution outline the
political system
In political science, a political system means the form of Political organisation, political organization that can be observed, recognised or otherwise declared by a society or state (polity), state.
It defines the process for making official gov ...
as a
federal parliamentary republic
A parliamentary republic is a republic that operates under a parliamentary system of government where the Executive (government), executive branch (the government) derives its legitimacy from and is accountable to the legislature (the parliament). ...
system; as well as Islam as its
state religion. The Constitution also encapsulates provisions stipulating the legal system's compliance with Islamic injunctions contained in the Quran and Sunnah.
The
Parliament
In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
cannot make any laws which may be repugnant or contrary to the Constitution; however, the Constitution itself may be amended by a
two-thirds majority
A supermajority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of one-half used for a simple majority. Supermajority rules in a democracy can help to prevent a majority from eroding fund ...
in both the houses of the bicameral Parliament, unlike the previous legal documents of
1956
Events
January
* January 1 – The Anglo-Egyptian Sudan, Anglo-Egyptian Condominium ends in Sudan after 57 years.
* January 8 – Operation Auca: Five U.S. evangelical Christian Missionary, missionaries, Nate Saint, Roger Youderian, E ...
and
1962
The year saw the Cuban Missile Crisis, which is often considered the closest the world came to a Nuclear warfare, nuclear confrontation during the Cold War.
Events January
* January 1 – Samoa, Western Samoa becomes independent from Ne ...
.
It has been
amended over time, and most recent impulses for political
upgrades and reforms has been amended. Although enforced in 1973, Pakistan, however, celebrates the adoption of the constitution on 23 March—when the
first
First most commonly refers to:
* First, the ordinal form of the number 1
First or 1st may also refer to:
Acronyms
* Faint Images of the Radio Sky at Twenty-Centimeters, an astronomical survey carried out by the Very Large Array
* Far Infrared a ...
set was promulgated in 1956 each and every year as
Republic Day
Republic Day is the name of a holiday in several countries to commemorate the day when they became republics.
List
January 1 January in Slovak Republic
The day of creation of Slovak republic. A national holiday since 1993. Officially calle ...
.
Technically there are 26 amendments but 23 amendments were made in constitution and three were not passed by the parliament as the three amendments collapsed.
Currently the promulgated Constitution of Pakistan, in its amended form, stands as the 7th lengthiest constitution of the world with a word count of 56,240 Words.
Origins and historical background
In a radio talk addressed to the people of
Pakistan
Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia. It is the List of countries and dependencies by population, fifth-most populous country, with a population of over 241.5 million, having the Islam by country# ...
, broadcast in February 1948,
Jinnah expressed his views regarding Pakistan's constitution-to-be in the following way:
Pakistan was founded in 1947 as a Dominion (an independent realm or kingdom) within the British Commonwealth. The same was true in independent India. During its first few years of existence the British monarch was also Pakistan's head of state, as is still the case in
Canada
Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...
,
Australia
Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
etc. Before writing a constitution, a
Constituent Assembly
A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...
passed the
Objectives Resolution
The Objectives Resolution () was adopted by the Constituent Assembly of Pakistan, Constituent Assembly of Pakistan on 12 March 1949. The resolution proclaimed that the future constitution of Pakistan would not be modeled entirely on a European p ...
, on the insistence of the
ulama
In Islam, the ''ulama'' ( ; also spelled ''ulema''; ; singular ; feminine singular , plural ) are scholars of Islamic doctrine and law. They are considered the guardians, transmitters, and interpreters of religious knowledge in Islam.
"Ulama ...
and
Jamaat-e-Islami
Jamaat-e-Islami is an Islamist fundamentalist movement founded in 1941 in British India by the Islamist author and theorist Syed Abul Ala Maududi, who was inspired by the Muslim Brotherhood. It is considered one of the most influential Isla ...
, in March 1949 to define the basic directive principles of the new state and to declare state recognition of the sovereignty of Allah over the universe. The Objectives Resolution affirmed the role of democracy and contained religious provisions to enable society to adhere to the teachings of the Quran and Sunnah. The Objectives Resolution has henceforth been inserted as a preamble into each of Pakistan's subsequent constitutions.
The country became a republic when its first constitution was approved in 1956 but this was abrogated in 1958 after a
military Coup d'état
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. Militaries are typically authorized and maintained by a sovereign state, with their members identifiable by a d ...
.
Pakistan's second constitution was approved in 1962. It granted executive power to the president and abolished the office of the prime minister. It also institutionalised the intervention of military in politics by providing that for twenty years, the president or the defence minister must be a person who had held a rank not lower than that of lieutenant-general in the army.
[Backgrounder. Pakistan's Constitution](_blank)
Author: Jayshree Bajoria , Council on Foreign Relations , Updated: 21 April 2010 The 1962 constitution was suspended in
1969
1969 ( MCMLXIX) was a common year starting on Wednesday of the Gregorian calendar, the 1969th year of the Common Era (CE) and ''Anno Domini'' (AD) designations, the 969th year of the 2nd millennium, the 69th year of the 20th century, and the ...
and abrogated in 1972.
[''Islamization of Laws and Economy, Case Studies on Pakistan'' by Charles Kennedy (Institute of Policy Studies, The Islamic Foundation, 1996, p.85)]
The 1973 constitution was the first in Pakistan to be framed by elected representatives. Unlike the 1962 constitution it gave Pakistan a
parliamentary democracy
A parliamentary system, or parliamentary democracy, is a form of government where the head of government (chief executive) derives their democratic legitimacy from their ability to command the support ("confidence") of a majority of the legisl ...
with executive power concentrated in the office of the prime minister, and the formal head of state—the president—limited to acting on the advice of the prime minister.
[
The Constitution states that all laws are to conform with the injunctions of ]Islam
Islam is an Abrahamic religions, Abrahamic monotheistic religion based on the Quran, and the teachings of Muhammad. Adherents of Islam are called Muslims, who are estimated to number Islam by country, 2 billion worldwide and are the world ...
as laid down in the Quran
The Quran, also Romanization, romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a Waḥy, revelation directly from God in Islam, God (''Allah, Allāh''). It is organized in 114 chapters (, ) which ...
and Sunnah
is the body of traditions and practices of the Islamic prophet Muhammad that constitute a model for Muslims to follow. The sunnah is what all the Muslims of Muhammad's time supposedly saw, followed, and passed on to the next generations. Diff ...
. The 1973 Constitution also created certain institutions such as the Shariat Court and the Council of Islamic Ideology
Council of Islamic Ideology (CII; () is a constitutional body of Pakistan, responsible for giving legal advice on Islamic issues to the government and the Parliament.
This body was founded in 1962 under the government of Ayub Khan.
Functions ...
to channel the interpretation and application of Islam.
After another coup d'état in 1977, the constitution was held in abeyance until it was "restored" in 1985 but with an amendment (the Eighth) shifting power from the parliament and Prime Minister to the president. Another Amendment (Seventeenth) in 2004 continued this shift, but in 2010, the Eighteenth amendment reduced presidential powers, returning the government to a parliamentary republic
A parliamentary republic is a republic that operates under a parliamentary system of government where the Executive (government), executive branch (the government) derives its legitimacy from and is accountable to the legislature (the parliament). ...
.
Previous legislation as source
The successful independence movement
Independence is a condition of a nation, country, or state, in which residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory. The opposite of independence is the status of a ...
led the establishment of Pakistan
Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia. It is the List of countries and dependencies by population, fifth-most populous country, with a population of over 241.5 million, having the Islam by country# ...
, independent from the British Raj
The British Raj ( ; from Hindustani language, Hindustani , 'reign', 'rule' or 'government') was the colonial rule of the British The Crown, Crown on the Indian subcontinent,
*
* lasting from 1858 to 1947.
*
* It is also called Crown rule ...
in 1947. The British Empire
The British Empire comprised the dominions, Crown colony, colonies, protectorates, League of Nations mandate, mandates, and other Dependent territory, territories ruled or administered by the United Kingdom and its predecessor states. It bega ...
divided the Raj into two parts, India
India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
and Pakistan
Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia. It is the List of countries and dependencies by population, fifth-most populous country, with a population of over 241.5 million, having the Islam by country# ...
.
The provisions of the Government of India Act, 1935, had greatly influenced the state and served as its basic legal document until 1956. In 1950, Prime Minister Liaquat Ali Khan
Liaquat Ali Khan (1 October 189516 October 1951) was a Pakistani lawyer, politician and statesman who served as the first prime minister of Pakistan
The prime minister of Pakistan (, Roman Urdu, romanized: Wazīr ē Aʿẓam , ) is the he ...
authored the first annexe that would pave a path to the drafting of the Constitution. Elected in 1947, the first Constituent Assembly
A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...
drafted and adopted its first constitution in 1956.
1956 Constitution
Following the adoption of a constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed.
When these pri ...
in India in 1950, Pakistan's lawmakers were incentified to work on their constitution. Prime Minister Chaudhry Muhammad Ali
Chaudhri Muhammad Ali (15 July 1905 – 2 December 1982) was a Pakistani politician and statesman who served as the fourth prime minister of Pakistan from 1955 until his resignation in 1956. His government transitioned Pakistan from a British ...
and his government officials worked with the opposition parties
Parliamentary opposition is a form of political opposition to a designated government, particularly in a Westminster-based parliamentary system. This article uses the term ''government'' as it is used in Parliamentary systems, i.e. meaning ''th ...
in the country to formulate a constitution for Pakistan.
Finally, the joint work led to the promulgation of the first set of the constitution on 23 March 1956—a day when Pakistan celebrates its Republic Day
Republic Day is the name of a holiday in several countries to commemorate the day when they became republics.
List
January 1 January in Slovak Republic
The day of creation of Slovak republic. A national holiday since 1993. Officially calle ...
over the adoption of the constitution. The constitution provided for parliamentary form of government with a unicameral legislature
Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature consisting of one house or assembly that legislates and votes as one. Unicameralism has become an increasingly common type of legislature, making up nearly ...
. It officially adopted Pakistan as "Islamic Republic
The term Islamic republic has been used in different ways. Some Muslim religious leaders have used it as the name for a form of Islamic theocratic government enforcing sharia, or laws compatible with sharia. The term has also been used for a s ...
" and the principle of parity was introduced. Its features were:
* Islamic Republic
The term Islamic republic has been used in different ways. Some Muslim religious leaders have used it as the name for a form of Islamic theocratic government enforcing sharia, or laws compatible with sharia. The term has also been used for a s ...
of Pakistan
Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia. It is the List of countries and dependencies by population, fifth-most populous country, with a population of over 241.5 million, having the Islam by country# ...
– Official name of the country was adopted
* Objectives Resolution
The Objectives Resolution () was adopted by the Constituent Assembly of Pakistan, Constituent Assembly of Pakistan on 12 March 1949. The resolution proclaimed that the future constitution of Pakistan would not be modeled entirely on a European p ...
– The objective resolution was included as preamble by the constitution.
* System of government
A government is the system or group of people governing an organized community, generally a State (polity), state.
In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...
– Parliamentary
In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
with a prime minister
A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
as head of government.
* Unicameral Legislature
Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature consisting of one house or assembly that legislates and votes as one. Unicameralism has become an increasingly common type of legislature, making up nearly ...
– A single house, only a National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repr ...
that would consist of 300 members; 150 members from each East
East is one of the four cardinal directions or points of the compass. It is the opposite direction from west and is the direction from which the Sun rises on the Earth.
Etymology
As in other languages, the word is formed from the fact that ea ...
and West Pakistan
West Pakistan was the western province of Pakistan between One Unit, 1955 and Legal Framework Order, 1970, 1970, covering the territory of present-day Pakistan. Its land borders were with Afghanistan, India and Iran, with a maritime border wit ...
* President
President most commonly refers to:
*President (corporate title)
* President (education), a leader of a college or university
*President (government title)
President may also refer to:
Arts and entertainment Film and television
*'' Præsident ...
– Required to be a Muslim
Muslims () are people who adhere to Islam, a Monotheism, monotheistic religion belonging to the Abrahamic religions, Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God ...
and ceremonial head of state
A head of state is the public persona of a sovereign state.#Foakes, Foakes, pp. 110–11 "he head of state
He or HE may refer to:
Language
* He (letter), the fifth letter of the Semitic abjads
* He (pronoun), a pronoun in Modern English
* He (kana), one of the Japanese kana (へ in hiragana and ヘ in katakana)
* Ge (Cyrillic), a Cyrillic letter cal ...
being an embodiment of the State itself or representative of its international persona." The name given to the office of head of sta ...
. In case of internal or external danger she/he could declare a state of emergency in the country.
* Islamic law – No law would be passed against the teachings of the Quran and Sunnah.
* Independent Judiciary
Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan inte ...
– The Supreme Court
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
as an apex court
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
– a final arbitrator of all the decisions.
* Fundamental rights included freedoms of movement, speech
Speech is the use of the human voice as a medium for language. Spoken language combines vowel and consonant sounds to form units of meaning like words, which belong to a language's lexicon. There are many different intentional speech acts, suc ...
and, profession
A profession is a field of Work (human activity), work that has been successfully professionalized. It can be defined as a disciplined group of individuals, professionals, who adhere to ethical standards and who hold themselves out as, and are ...
and profess religion, right to life, liberty, and property.
* Language – English, Urdu
Urdu (; , , ) is an Indo-Aryan languages, Indo-Aryan language spoken chiefly in South Asia. It is the Languages of Pakistan, national language and ''lingua franca'' of Pakistan. In India, it is an Eighth Schedule to the Constitution of Indi ...
and Bengali
Bengali or Bengalee, or Bengalese may refer to:
*something of, from, or related to Bengal, a large region in South Asia
* Bengalis, an ethnic and linguistic group of the region
* Bengali language, the language they speak
** Bengali alphabet, the w ...
were made national languages.
By the Constitution, Iskander Mirza
Iskander Ali Mirza (13 November 189913 November 1969) was a Bengali politician, statesman and military general who served as the Dominion of Pakistan's fourth and last governor-general of Pakistan from 1955 to 1956, and then as the Islamic Repub ...
assumed the presidency
A presidency is an administration or the executive, the collective administrative and governmental entity that exists around an office of president of a state or nation. Although often the executive branch of government, and often personified b ...
but his constant personal involvement in national affairs
''National Affairs'' is a quarterly magazine in the United States about political affairs that was first published in September 2009. Its founding editor, Yuval Levin, and authors are typically considered to be conservative and right-wing. The ...
, contrary to the Constitution, resulted in the dismissal of four elected prime ministers
A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but rat ...
in two years. On 7 October 1958 Mirza staged a ''coup d'état'', imposed Martial law
Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. Martial law can continue for a specified amount of time, or indefinitely, and standard civil liberties ...
, abrogated the Constitution, and appointed the army chief General Ayub Khan as the Chief Martial Law Administrator. Shortly afterwards on 27 October 1958, General Ayub Khan deposed Mirza and declared himself president.
1962 Constitution
General Ayub Khan appointed a Constitution Commission to draft another part of the constitution under Chief Justice Muhammad Shahabuddin. Submitted its considerations on 6 May 1961, Ayub Khan
Mohammad Ayub Khan (14 May 1907 – 19 April 1974) was a Pakistani military dictator who served as the second president of Pakistan from 1958 until his resignation on 1969. He was the first native commander-in-chief of the Pakistan Army, se ...
altered the entire version of the constitution which was entirely different from the one recommended by Chief Justice Muhammad Shahabuddin. It was promulgated on 8 June 1962. Main feature of this set was the introduction of the presidential system
A presidential, strong-president, or single-executive system (sometimes also congressional system) is a form of government in which a head of government (usually titled " president") heads an executive branch that derives its authority and l ...
and more consolidated powers to the President
President most commonly refers to:
*President (corporate title)
* President (education), a leader of a college or university
*President (government title)
President may also refer to:
Arts and entertainment Film and television
*'' Præsident ...
. No further changes were carried out to oppose the 1956 document. Its features includes:
*More powers to the President of Pakistan
The president of Pakistan () is the head of state of the Islamic Republic of Pakistan. The president is the nominal head of the executive and the supreme commander of the Pakistan Armed Forces. .
*Strengthening of the Islamic Ideology Council.
1970 Legal Framework Order
President Ayub Khan
Mohammad Ayub Khan (14 May 1907 – 19 April 1974) was a Pakistani military dictator who served as the second president of Pakistan from 1958 until his resignation on 1969. He was the first native commander-in-chief of the Pakistan Army, se ...
invited Chief of Army Staff General Yahya Khan
Agha Muhammad Yahya Khan (4 February 191710 August 1980) was a Pakistani army officer who served as the third president of Pakistan from 1969 to 1971. He also served as the fifth Commander-in-Chief, Pakistan, commander-in-chief of the Pakistan ...
to enforce the martial law
Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. Martial law can continue for a specified amount of time, or indefinitely, and standard civil liberties ...
in the country. On assuming the presidency, General Yahya Khan acceded to popular demands by abolishing the one-unit system in West Pakistan
West Pakistan was the western province of Pakistan between One Unit, 1955 and Legal Framework Order, 1970, 1970, covering the territory of present-day Pakistan. Its land borders were with Afghanistan, India and Iran, with a maritime border wit ...
and ordered general elections on the principle of one man, one vote
"One man, one vote" or "one vote, one value" is a slogan used to advocate for the principle of equal representation in voting. This slogan is used by advocates of democracy and political equality, especially with regard to electoral reforms like ...
.
The military government
A military government is any government that is administered by a military, whether or not this government is legal under the laws of the jurisdiction at issue or by an occupying power. It is usually administered by military personnel.
Types of m ...
and President Yahya himself made no efforts to frame a constitution, aside from issuing the extrajudicial order in 1970. Across the country, the expectations were that a National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repr ...
would be set up by holding a free and fair election
A free and fair election is defined as an election in which " coercion is comparatively uncommon". This definition was popularized by political scientist Robert Dahl. A free and fair election involves political freedoms and fair processes lead ...
. To hold the proposed elections, President Yahya promulgated a Legal Framework Order on 30 March 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, nationwide general elections
A general election is an electoral process to choose most or all members of a governing body at the same time. They are distinct from by-elections, which fill individual seats that have become vacant between general elections. General elections ...
were held simultaneously for both the national and five provincial assemblies. The nationalist
Nationalism is an idea or movement that holds that the nation should be congruent with the State (polity), state. As a movement, it presupposes the existence and tends to promote the interests of a particular nation,Anthony D. Smith, Smith, A ...
Awami League
The Awami League, officially known as Bangladesh Awami League, is a major List of political parties in Bangladesh, political party in Bangladesh. The oldest existing political party in the country, the party played the leading role in achievin ...
(AL) secured the mandate of East Pakistan
East Pakistan was the eastern province of Pakistan between 1955 and 1971, restructured and renamed from the province of East Bengal and covering the territory of the modern country of Bangladesh. Its land borders were with India and Burma, wit ...
but failed to perform in any four provinces of Pakistan. The socialist Pakistan People's Party
The Pakistan Peoples Party (PPP) is a political party in Pakistan and one of the three major Pakistani political parties alongside the Pakistan Muslim League (N) and Pakistan Tehreek-e-Insaf. With a centre-left political position, it is cu ...
(PPP) under the leadership of Zulfikar Ali Bhutto
Zulfikar Ali Bhutto (5 January 1928 – 4 April 1979) was a Pakistani barrister and politician who served as the fourth president of Pakistan from 1971 to 1973 and later as the ninth Prime Minister of Pakistan, prime minister of Pakistan from 19 ...
gained a mandate in Punjab
Punjab (; ; also romanised as Panjāb or Panj-Āb) is a geopolitical, cultural, and historical region in South Asia. It is located in the northwestern part of the Indian subcontinent, comprising areas of modern-day eastern Pakistan and no ...
and Sind
Sindh ( ; ; , ; abbr. SD, historically romanized as Sind or Scinde) is a province of Pakistan. Located in the southeastern region of the country, Sindh is the third-largest province of Pakistan by land area and the second-largest provin ...
h but failed in East Pakistan
East Pakistan was the eastern province of Pakistan between 1955 and 1971, restructured and renamed from the province of East Bengal and covering the territory of the modern country of Bangladesh. Its land borders were with India and Burma, wit ...
, NWFP and Balochistan
Balochistan ( ; , ), also spelled as Baluchistan or Baluchestan, is a historical region in West and South Asia, located in the Iranian plateau's far southeast and bordering the Indian Plate and the Arabian Sea coastline. This arid region o ...
.
1970 constitutional crisis
Constitutional crisis grew further when the AL refused to make concessions over its six points to draft the constitution and instead maintaining that the AL was able to frame a constitution and to form a central government on its own.
The PPP was not willing to dilute the authority of the federal government
A federation (also called a federal state) is an entity characterized by a political union, union of partially federated state, self-governing provinces, states, or other regions under a #Federal governments, federal government (federalism) ...
in spite of assuring full provincial autonomy for all the provinces of Pakistan
The administrative units of Pakistan comprise four provinces, one federal territory, and two territorial dispute, disputed territories: the provinces of Punjab, Pakistan, Punjab, Sindh, Khyber Pakhtunkhwa, and Balochistan, Pakistan, Baloch ...
. Negotiations on framing the work on constitution were held between January and March 1971 between leaders of the PPP, the AL, and the military government
A military government is any government that is administered by a military, whether or not this government is legal under the laws of the jurisdiction at issue or by an occupying power. It is usually administered by military personnel.
Types of m ...
of Yahya Khan
Agha Muhammad Yahya Khan (4 February 191710 August 1980) was a Pakistani army officer who served as the third president of Pakistan from 1969 to 1971. He also served as the fifth Commander-in-Chief, Pakistan, commander-in-chief of the Pakistan ...
, which turned out to be a failure. Under the LFO, the President was to decide when the National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repr ...
was to meet. By 13 February 1971, the President Yahya announced that the National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repr ...
was to meet at Dhaka
Dhaka ( or ; , ), List of renamed places in Bangladesh, formerly known as Dacca, is the capital city, capital and list of cities and towns in Bangladesh, largest city of Bangladesh. It is one of the list of largest cities, largest and list o ...
on 3 March 1971. By this time the differences between the main parties to the conflict had already crystal
A crystal or crystalline solid is a solid material whose constituents (such as atoms, molecules, or ions) are arranged in a highly ordered microscopic structure, forming a crystal lattice that extends in all directions. In addition, macros ...
lized. Over the six-point issue, the PPP was convinced that a federation based on the six points would lead to a feeble confederation in name only and was part of a larger Indian plan to break up and destroy Pakistan. 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 14 January 1971. Bhutto announced on 15 February 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 21 February, asserting that "Our stand is absolutely clear. The constitution will be framed on the basis of the six points".
Such an announcement led the PPP to demand the removal of the National Assembly session, or the opening session to be postponed. The PPP threatened to stage a large scale general strike
A general strike is a strike action in which participants cease all economic activity, such as working, to strengthen the bargaining position of a trade union or achieve a common social or political goal. They are organised by large coalitions ...
all over the country. Under pressure by the PPP, President Yahya postponed the National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repr ...
session on 25 March which came as a shattering disillusionment to the AL and their supporters throughout East Pakistan. It was seen as a betrayal and as proof of the authorities of the 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-co-operation movement as they virtually controlled the entire province. Due to disturbances in East Pakistan
East Pakistan was the eastern province of Pakistan between 1955 and 1971, restructured and renamed from the province of East Bengal and covering the territory of the modern country of Bangladesh. Its land borders were with India and Burma, wit ...
, no National Assembly session was called and the military
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. Militaries are typically authorized and maintained by a sovereign state, with their members identifiable by a d ...
moved into East Pakistan
East Pakistan was the eastern province of Pakistan between 1955 and 1971, restructured and renamed from the province of East Bengal and covering the territory of the modern country of Bangladesh. Its land borders were with India and Burma, wit ...
and executed Operation Searchlight
Operation Searchlight was a military operation carried out by the Pakistan Army in an effort to curb the Bengali nationalist movement in former East Pakistan in March 1971. Pakistan retrospectively justified the operation on the basis of ant ...
. The civil disobedience
Civil disobedience is the active and professed refusal of a citizenship, citizen to obey certain laws, demands, orders, or commands of a government (or any other authority). By some definitions, civil disobedience has to be nonviolent to be cal ...
movement turned into an armed liberation movement
A liberation movement is an organization or political movement leading a rebellion, or a non-violent social movement, against a colonial power or national government, often seeking independence based on a nationalist identity and an anti-imperiali ...
backed by India
India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
.
With India successfully intervening in the conflict, the Pakistan military
The Pakistan Armed Forces (; ) are the military forces of Pakistan. It is the world's sixth-largest military measured by active military personnel and consists of three uniformed services—the Army, Navy, and the Air Force, which are backed ...
surrendered to the Indian military
The Indian Armed Forces are the armed forces, military forces of the India, Republic of India. It consists of three professional uniformed services: the Indian Army, the Indian Navy, and the Indian Air Force.—— Additionally, the Indian Ar ...
and almost 93,000 military personnel were taken as prisoners of war
A prisoner of war (POW) is a person held captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610.
Belligerents hold prisoners of war for a ...
on 16 December 1971. Demoralized, gaining notoriety in the country, and finding himself unable to control the situation, President Yahya ultimately handed over the national power
National power is defined as the sum of all resources available to a nation in the pursuit of national objectives. Assessing the national power of political entities was already a matter of relevance during the classical antiquity, the Middle Ages ...
to the PPP, of which Zulfikar Ali Bhutto
Zulfikar Ali Bhutto (5 January 1928 – 4 April 1979) was a Pakistani barrister and politician who served as the fourth president of Pakistan from 1971 to 1973 and later as the ninth Prime Minister of Pakistan, prime minister of Pakistan from 19 ...
was sworn in on 20 December 1971 as President and as the (first civilian) Chief Martial Law Administrator
The office of the chief martial law administrator (CMLA) was a senior and authoritative post created in countries such as Pakistan, Bangladesh and Indonesia that gave considerable executive authority and powers to the holder of the post to enforc ...
.
Constitutional convention
After Bangladesh
Bangladesh, officially the People's Republic of Bangladesh, is a country in South Asia. It is the List of countries and dependencies by population, eighth-most populous country in the world and among the List of countries and dependencies by ...
was formed in 1971, the PPP formed the government and partially enacted the 1962 constitution. President Zulfikar Ali Bhutto
Zulfikar Ali Bhutto (5 January 1928 – 4 April 1979) was a Pakistani barrister and politician who served as the fourth president of Pakistan from 1971 to 1973 and later as the ninth Prime Minister of Pakistan, prime minister of Pakistan from 19 ...
called for a constitutional convention and invited the leaders of the all political parties
A political party is an organization that coordinates candidates to compete in a particular area's elections. It is common for the members of a party to hold similar ideas about politics, and parties may promote specific ideological or p ...
to meet him on 17 April 1972. Leaders and constitutional experts of the Islamic political parties, conservative
Conservatism is a cultural, social, and political philosophy and ideology that seeks to promote and preserve traditional institutions, customs, and values. The central tenets of conservatism may vary in relation to the culture and civiliza ...
parties, socialists
Socialism is an economic and political philosophy encompassing diverse economic and social systems characterised by social ownership of the means of production, as opposed to private ownership. It describes the economic, political, and socia ...
and communist
Communism () is a sociopolitical, philosophical, and economic ideology within the socialist movement, whose goal is the creation of a communist society, a socioeconomic order centered on common ownership of the means of production, di ...
parties were delegated to attend the constitutional convention in 1972.
Drafting and ratification
The law experts, constitutional analysts, and country's reputed clergymen worked on formulating a constitution that they hoped would represent the will and desire of people. Unlike earlier attempts, the convention was not meant for new laws or piecemeal alterations, but for the "sole and express purpose of revising the 1956 articles." Also, the convention was not limited to the religion, exigencies of government and the preservation of the State; rather it was intended to maintain delicacy in commerce, finances
Finance refers to monetary resources and to the study and discipline of money, currency, assets and liabilities. As a subject of study, is a field of Business Administration wich study the planning, organizing, leading, and controlling of an o ...
, issue of loans to federation, and Separation of powers
The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operat ...
. Several key ideas of the philosophy
Philosophy ('love of wisdom' in Ancient Greek) is a systematic study of general and fundamental questions concerning topics like existence, reason, knowledge, Value (ethics and social sciences), value, mind, and language. It is a rational an ...
of John Locke
John Locke (; 29 August 1632 (Old Style and New Style dates, O.S.) – 28 October 1704 (Old Style and New Style dates, O.S.)) was an English philosopher and physician, widely regarded as one of the most influential of the Enlightenment thi ...
and Islamic provisions on civil rights were interchanged in the Constitution.
The Constitution ultimately established a bicameral
Bicameralism is a type of legislature that is divided into two separate Deliberative assembly, assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate ...
Parliament
In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
, with the National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repr ...
as the lower house
A lower house is the lower chamber of a bicameral legislature, where the other chamber is the upper house. Although styled as "below" the upper house, in many legislatures worldwide, the lower house has come to wield more power or otherwise e ...
and the Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
as the upper house
An upper house is one of two Legislative chamber, chambers of a bicameralism, bicameral legislature, the other chamber being the lower house. The house formally designated as the upper house is usually smaller and often has more restricted p ...
. It also established the parliamentary form of government with Prime Minister
A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
as its head of government
In the Executive (government), executive branch, the head of government is the highest or the second-highest official of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presid ...
; the elected National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repr ...
genuinely representing the will of the people. The Constitution truly maintained a delicate balance between traditionalists and modernists
Modernism was an early 20th-century movement in literature, visual arts, and music that emphasized experimentation, abstraction, and subjective experience. Philosophy, politics, architecture, and social issues were all aspects of this moveme ...
and reflected heavy compromises on fundamental religious rights in the country. The fundamental rights
Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Susta ...
, freedoms of speech
Speech is the use of the human voice as a medium for language. Spoken language combines vowel and consonant sounds to form units of meaning like words, which belong to a language's lexicon. There are many different intentional speech acts, suc ...
, religion
Religion is a range of social system, social-cultural systems, including designated religious behaviour, behaviors and practices, morals, beliefs, worldviews, religious text, texts, sanctified places, prophecies, ethics in religion, ethics, or ...
, press
Press may refer to:
Media
* Publisher
* News media
* Printing press, commonly called "the press"
* Press TV, an Iranian television network
Newspapers United States
* ''The Press'', a former name of ''The Press-Enterprise'', Riverside, California
...
, movement, association
Association may refer to:
*Club (organization), an association of two or more people united by a common interest or goal
*Trade association, an organization founded and funded by businesses that operate in a specific industry
*Voluntary associatio ...
, thought
In their most common sense, the terms thought and thinking refer to cognitive processes that can happen independently of sensory stimulation. Their most paradigmatic forms are judging, reasoning, concept formation, problem solving, and de ...
, and intellectual
An intellectual is a person who engages in critical thinking, research, and Human self-reflection, reflection about the nature of reality, especially the nature of society and proposed solutions for its normative problems. Coming from the wor ...
, life, liberty and property and right to bear arms
The right to keep and bear arms (often referred to as the right to bear arms) is a legal right for people to possess weapons (arms) for the preservation of life, liberty, and property. The purpose of gun rights is for self-defense, as well as ...
were introduced in the new Constitution. Islam
Islam is an Abrahamic religions, Abrahamic monotheistic religion based on the Quran, and the teachings of Muhammad. Adherents of Islam are called Muslims, who are estimated to number Islam by country, 2 billion worldwide and are the world ...
was declared as the State religion of Pakistan. Geography
Geography (from Ancient Greek ; combining 'Earth' and 'write', literally 'Earth writing') is the study of the lands, features, inhabitants, and phenomena of Earth. Geography is an all-encompassing discipline that seeks an understanding o ...
and border statue of the country was redefined and "Pakistan was to be a Federation of Four Provinces." The Constitution was written in the point of representing the conservative Islam
Islam is an Abrahamic religions, Abrahamic monotheistic religion based on the Quran, and the teachings of Muhammad. Adherents of Islam are called Muslims, who are estimated to number Islam by country, 2 billion worldwide and are the world ...
as well as reflecting a heavy compromise over the religious rights and humanism
Humanism is a philosophy, philosophical stance that emphasizes the individual and social potential, and Agency (philosophy), agency of human beings, whom it considers the starting point for serious moral and philosophical inquiry.
The me ...
ideas, advocated by the PPP.
On 20 October 1972, the draft was revived by all leaders of the political parties
A political party is an organization that coordinates candidates to compete in a particular area's elections. It is common for the members of a party to hold similar ideas about politics, and parties may promote specific ideological or p ...
and signed the declaration of adopting the Constitution in the National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repr ...
on 2 February 1973. Ratified unanimously on 19 April 1973, the Constitution came into full effect on 14 August 1973. On the same day, the successful vote of confidence
A motion or vote of no confidence (or the inverse, a motion or vote of confidence) is a motion and corresponding vote thereon in a deliberative assembly (usually a legislative body) as to whether an officer (typically an executive) is deemed fit ...
movement in the Parliament
In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
endorsed Zulfikar Bhutto as the elected Prime Minister
A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
after latter relinquishing the presidency
A presidency is an administration or the executive, the collective administrative and governmental entity that exists around an office of president of a state or nation. Although often the executive branch of government, and often personified b ...
after appointing Fazal-i-Ilahi to that office.
Structure
Fundamental rights
Contrary to Constitution of 1956 and Constitution of 1962, several ideas in the Constitution were new, and guaranteed security to each citizen of Pakistan. First part of the Constitution introduced the definition of ''State'', the idea of life, liberty and property, individual equality, prohibition
Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholic b ...
of slavery
Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavemen ...
, preservation of languages
Language is a structured system of communication that consists of grammar and vocabulary. It is the primary means by which humans convey meaning, both in spoken and signed forms, and may also be conveyed through writing. Human language is ch ...
, right to fair trial
A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, t ...
, and provided safeguard as to arrest and detention as well as providing safeguards against discrimination in services.
The due process
Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual p ...
clause of the Constitution was partly based on the British Common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
, as many founding fathers
The Founding Fathers of the United States, often simply referred to as the Founding Fathers or the Founders, were a group of late-18th-century American revolutionary leaders who united the Thirteen Colonies, oversaw the War of Independence ...
and legal experts of the country had followed the British legal tradition. The fundamental rights are supreme in the Constitution and any law that is ''ultra vires
('beyond the powers') is a Latin phrase used in law to describe an act that requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed ...
'' the fundamental rights can be struck down by the Apex Courts in their constitutional jurisdiction vested on them under Article 199 of the Constitution.
Provisions
In contrast to the constitutions of India
India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
and Bangladesh
Bangladesh, officially the People's Republic of Bangladesh, is a country in South Asia. It is the List of countries and dependencies by population, eighth-most populous country in the world and among the List of countries and dependencies by ...
, the Constitution reflected a heavy compromise over several issues to maintain a delicate balance of power among the country's institutions. The Constitution defined the role of Islam
Islam is an Abrahamic religions, Abrahamic monotheistic religion based on the Quran, and the teachings of Muhammad. Adherents of Islam are called Muslims, who are estimated to number Islam by country, 2 billion worldwide and are the world ...
; Pakistan was to be a Federation of Four Provinces and shall be known as the Islamic Republic of Pakistan; introduction of check and balance
The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operat ...
s, separation of powers
The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operat ...
, and provided the federal system under which the government should govern.
The Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed.
When these pri ...
established a "Bicameral
Bicameralism is a type of legislature that is divided into two separate Deliberative assembly, assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate ...
Parliament
In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
" as a legislative authority that consists of the Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
as Upper house
An upper house is one of two Legislative chamber, chambers of a bicameralism, bicameral legislature, the other chamber being the lower house. The house formally designated as the upper house is usually smaller and often has more restricted p ...
(providing equal provincial representation), and National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repr ...
as Lower house
A lower house is the lower chamber of a bicameral legislature, where the other chamber is the upper house. Although styled as "below" the upper house, in many legislatures worldwide, the lower house has come to wield more power or otherwise e ...
(providing the will and representation of people). The Constitution put stipulation on the eligibility of becoming President
President most commonly refers to:
*President (corporate title)
* President (education), a leader of a college or university
*President (government title)
President may also refer to:
Arts and entertainment Film and television
*'' Præsident ...
and Prime Minister
A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
that only "Muslim
Muslims () are people who adhere to Islam, a Monotheism, monotheistic religion belonging to the Abrahamic religions, Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God ...
" of not less than forty-five years of age and is qualified for becoming the Prime Minister
A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
. No law repugnant to Islam shall be enacted and the present laws shall also be Islamised
The spread of Islam spans almost 1,400 years. The early Muslim conquests that occurred following the death of Muhammad in 632 CE led to the creation of the caliphates, expanding over a vast geographical area; conversion to Islam was boosted b ...
. The Constitution also introduced a new institution known as the "Council of Common Interests" consisting of Chief Minister
A chief minister is an elected or appointed head of government of – in most instances – a sub-national entity, for instance an administrative subdivision or federal constituent entity. Examples include a state (and sometimes a union ter ...
of each four provinces and an equal number of Cabinet ministers
A cabinet in governing is a group of people with the constitutional or legal task to rule a country or state, or advise a head of state, usually from the executive branch. Their members are known as ministers and secretaries and they are ...
of the Government
A government is the system or group of people governing an organized community, generally a State (polity), state.
In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...
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 innovative introduction in the Constitution is the establishment of the National Finance Commission (NFC) consisting of the Provincial and Finance Ministers and other members to advice on distribution of revenues between the federation and the provinces. The Constitution's first parts introduce the Islamic way of life, promotion of local government, 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 Constitution, the Fundamental Rights
Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Susta ...
include security of person Security of the person is a basic entitlement guaranteed by the Universal Declaration of Human Rights, adopted by the United Nations in 1948. It is also a human right explicitly defined and guaranteed by the European Convention on Human Rights, th ...
, safeguards as to arrest and detention, prohibition of slavery
Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavemen ...
and forced labour
Forced labour, or unfree labour, is any work relation, especially in modern or early modern history, in which people are employed against their will with the threat of destitution, detention, or violence, including death or other forms of ...
, freedom of movement
Freedom of movement, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country,Jérémiee Gilbert, ''Nomadic Peoples and Human Rights'' ...
, freedom of association
Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membe ...
, 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 language
Language is a structured system of communication that consists of grammar and vocabulary. It is the primary means by which humans convey meaning, both in spoken and signed language, signed forms, and may also be conveyed through writing syste ...
s, script and culture. The judiciary enjoys full supremacy over the other organs of the state. About national languages, Urdu
Urdu (; , , ) is an Indo-Aryan languages, Indo-Aryan language spoken chiefly in South Asia. It is the Languages of Pakistan, national language and ''lingua franca'' of Pakistan. In India, it is an Eighth Schedule to the Constitution of Indi ...
was declared as national languages, and English as official language; all other languages
Language is a structured system of communication that consists of grammar and vocabulary. It is the primary means by which humans convey meaning, both in spoken and signed forms, and may also be conveyed through writing. Human language is ch ...
were preserved by the Constitution.
Islamic introduction
Many key ideas on regarding the role of Islam
Islam is an Abrahamic religions, Abrahamic monotheistic religion based on the Quran, and the teachings of Muhammad. Adherents of Islam are called Muslims, who are estimated to number Islam by country, 2 billion worldwide and are the world ...
in the State that were mentioned in 1956 Articles were made part of the Constitution:
* The official name "Islamic Republic of Pakistan" as selected for the state of Pakistan.
* Islam is declared as the state religion of Pakistan.
* Enabling of living life, culture, and customs of Muslims, individually or collectively, in accordance with the fundamental principles and basic concepts of Islam.
* Teachings on Arabic
Arabic (, , or , ) is a Central Semitic languages, Central Semitic language of the Afroasiatic languages, Afroasiatic language family spoken primarily in the Arab world. The International Organization for Standardization (ISO) assigns lang ...
, Quran
The Quran, also Romanization, romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a Waḥy, revelation directly from God in Islam, God (''Allah, Allāh''). It is organized in 114 chapters (, ) which ...
, and ''Islamiyat'' to be compulsory in country's institutions and to secure correct and exact printing and publishing of the Quran.
* Proper organisations of ''Zakat
Zakat (or Zakāh زكاة) is one of the Five Pillars of Islam. Zakat is the Arabic word for "Giving to Charity" or "Giving to the Needy". Zakat is a form of almsgiving, often collected by the Muslim Ummah. It is considered in Islam a relig ...
'', ''Waqf'', and mosques is ensured.
* Prevent prostitution, gambling and consumption of alcohol, printing, publication, circulation, pornography, and display of obscene
An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin , , "boding ill; disgusting; indecent", of uncertain etymology. Generally, the term can be used to indicate strong moral ...
literature and advertisements
Advertising is the practice and techniques employed to bring attention to a product or service. Advertising aims to present a product or service in terms of utility, advantages, and qualities of interest to consumers. It is typically us ...
.
* Required to be a Muslim
Muslims () are people who adhere to Islam, a Monotheism, monotheistic religion belonging to the Abrahamic religions, Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God ...
to run for bid of becoming the President
President most commonly refers to:
*President (corporate title)
* President (education), a leader of a college or university
*President (government title)
President may also refer to:
Arts and entertainment Film and television
*'' Præsident ...
(male or female) and/or Prime Minister
A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
(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 Quran and Sunnah and no law shall be enacted which is repugnant to such injunctions.
* A Council of Islamic Ideology
Council of Islamic Ideology (CII; () is a constitutional body of Pakistan, responsible for giving legal advice on Islamic issues to the government and the Parliament.
This body was founded in 1962 under the government of Ayub Khan.
Functions ...
shall be constituted referred to as the Islamic advisory council.
* The Constitution of Pakistan defined a Muslim
Muslims () are people who adhere to Islam, a Monotheism, monotheistic religion belonging to the Abrahamic religions, Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God ...
as a person who believes in the unity and oneness of Allah
Allah ( ; , ) is an Arabic term for God, specifically the God in Abrahamic religions, God of Abraham. Outside of the Middle East, it is principally associated with God in Islam, Islam (in which it is also considered the proper name), althoug ...
, in the absolute and unqualified finality of the Prophethood of the Islamic prophet
Prophets in Islam () are individuals in Islam who are believed to spread God's message on Earth and serve as models of ideal human behaviour. Some prophets are categorized as messengers (; sing. , ), those who transmit divine revelation, mos ...
, Muhammad
Muhammad (8 June 632 CE) was an Arab religious and political leader and the founder of Islam. Muhammad in Islam, According to Islam, he was a prophet who was divinely inspired to preach and confirm the tawhid, monotheistic teachings of A ...
, and does not believe in, or recognise as a prophet or religious reformer, any person who claimed or claims to be a prophet, in any sense of the word or of any description whatsoever, after Muhammad.
* In keeping with this definition, the Second
The second (symbol: s) is a unit of time derived from the division of the day first into 24 hours, then to 60 minutes, and finally to 60 seconds each (24 × 60 × 60 = 86400). The current and formal definition in the International System of U ...
Amendment
An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change for better. Amendments can add, remove, or update parts of these agreements. They ...
to the Constitution (1974) declared for the first time the Ahmadiyya Community
Ahmadiyya, officially the Ahmadiyya Muslim Jama'at (AMJ), is an Islamic messianic movement originating in British India in the late 19th century. It was founded by Mirza Ghulam Ahmad (1835–1908), who said he had been divinely appointed a ...
and/or the Lahori Group as non-Muslims, since their leader, Mirza Ghulam Ahmad
Mirza Ghulam Ahmad (13 February 1835 – 26 May 1908) was an Indian religious leader and the founder of the Ahmadiyya movement in Islam. He claimed to have been divinely appointed as the promised Messiah and '' Mahdī'', in fulfillment of th ...
, claimed to be prophet of God.
* However, the Fourth Amendment (1975) set aside six seats in the National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repr ...
for non-Muslim representatives to protect minority rights.
* The state shall endeavour to strengthen the bonds of unity among Muslim countries
The terms Islamic world and Muslim world commonly refer to the Islamic community, which is also known as the Ummah. This consists of all those who adhere to the religious beliefs, politics, and laws of Islam or to societies in which Islam is p ...
.
*Islamic revisions were introduced into the Pakistan Penal Code.
Parts
The individual Articles of the Constitution are grouped together into the following Parts:
* Preamble
* Part I – Introductory
* Part II – Fundamental Rights and Principles of Policy
* Part III – The Federation of Pakistan
* Part IV – Provinces
* Part V – Relations between Federation and Provinces
* Part VI – Finance, Property, Contracts and Suits
* Part VII – The Judicature
* Part VIII – Elections
* Part IX – Islamic Provisions
* Part X – Emergency Provisions
* Part XI – Amendment of Constitution
* Part XII – Miscellaneous
Schedule
Schedules are lists in the Constitution that categorise and tabulate bureaucratic activity and policy of the Government.
*First Schedule –
*Second Schedule –
*Third Schedule: –
*Fourth Schedule: –
*Fifth Schedule: –
Amendments
Unlike the previous documents, the Constitution cannot be changed, instead constitutional amendments are passed; altering its effect. Amendments to the Constitution are made through the Parliament
In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
, where a Two-thirds majority
A supermajority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of one-half used for a simple majority. Supermajority rules in a democracy can help to prevent a majority from eroding fund ...
and voting is required in both houses for a constitutional amendment to take its effect, in accordance to the Constitution. In addition to this, certain amendments which pertain to the federal nature of the Constitution must be ratified by a majority of provincial legislatures.
, 25 amendments have been made to the Constitution. Among the most important of these are the Eighth (1985) and Seventeenth Amendments (2004), which changed the government from a parliamentary system
A parliamentary system, or parliamentary democracy, is a form of government where the head of government (chief executive) derives their Election, democratic legitimacy from their ability to command the support ("confidence") of a majority of t ...
to a semi-presidential system
A semi-presidential republic, or dual executive republic, is a republic in which a president exists alongside a prime minister and a cabinet, with the latter two being responsible to the legislature of the state. It differs from a parliament ...
. By far the largest change to the Constitution was the Eighteenth Amendment made in 2010 which reversed these expansions of presidential powers, returning the government to a parliamentary republic
A parliamentary republic is a republic that operates under a parliamentary system of government where the Executive (government), executive branch (the government) derives its legitimacy from and is accountable to the legislature (the parliament). ...
, and also defined any attempt to subvert, abrogate, or suspend the constitution as an act of high treason. Another significant amendment was the second amendment which declared Ahmadis to be non-Muslims. It was unanimously passed by parliament in 1974.
In these amendments, the Twenty-Fifth amendment incorporated the former Federally Administered Tribal Areas
The Federally Administered Tribal Areas, commonly known as FATA, was a semi-autonomous tribal region in north-western Pakistan that existed from 1947 until being merged with the neighbouring province of Khyber Pakhtunkhwa in 2018 through the ...
into the province of Khyber Pakhtunkhwa
Khyber Pakhtunkhwa (; ; , ; abbr. KP or KPK), formerly known as the North West Frontier Province (NWFP), is a Administrative units of Pakistan, province of Pakistan. Located in the Northern Pakistan, northwestern region of the country, Khyber ...
.
In 2024, the Twenty-Sixth Constitutional Amendment Act was enacted on October 21st, introducing landmark reforms to Pakistan's judicial system, with a focus on the Supreme Court and High Courts.
Original text
Preamble
Signatories
All MNAs from West Pakistan elected in the 1970 general election signed the Constitution except Mian Mahmud Ali Kasuri
Mian Mahmud Ali Kasuri (1910–1987) was a Pakistani politician, former Law Minister, human rights advocate and lawyer who became a Senior Advocate Supreme Court.
He served in the Indian National Congress (INC) before Pakistan's creation, as w ...
(PPP MNA from Lahore-III constituency) Abdul Hayee Baloch ( NAP(W) MNA from Kalat-I constituency), Abdul Khaliq Khan (PPP MNA from Mardan constituency), Haji Ali Ahmed Khan (PPP MNA from Hyderabad-IV constituency), and Nizamuddin Haider ( CML MNA from Bahawalpur-I constituency). Sahibzada Muhammad Nazeer Sultan ( MJUP MNA from Jhang-III constituency) was the last serving member of the National Assembly who was also elected as the Member of National Assembly in the 1970 elections & was one of the last signatories of 1973 Constitution of the Islamic Republic of Pakistan.
Unlike the Constitution of 1956 (in whose creation 23 Hindus
Hindus (; ; also known as Sanātanīs) are people who religiously adhere to Hinduism, also known by its endonym Sanātana Dharma. Jeffery D. Long (2007), A Vision for Hinduism, IB Tauris, , pp. 35–37 Historically, the term has also be ...
- 20 from East Bengal
East Bengal (; ''Purbô Bangla/Purbôbongo'') was the eastern province of the Dominion of Pakistan, which covered the territory of modern-day Bangladesh. It consisted of the eastern portion of the Bengal region, and existed from 1947 until 195 ...
, 2 from West Punjab
West Punjab (; ) was a province in the Dominion of Pakistan from 1947 to 1955. It was established from the western-half of British Punjab, following the independence of Pakistan. The province covered an area of 159,344 km sq (61523 sq mi), i ...
, 1 from Sindh
Sindh ( ; ; , ; abbr. SD, historically romanized as Sind (caliphal province), Sind or Scinde) is a Administrative units of Pakistan, province of Pakistan. Located in the Geography of Pakistan, southeastern region of the country, Sindh is t ...
, 2 Christians
A Christian () is a person who follows or adheres to Christianity, a monotheistic Abrahamic religion based on the life and teachings of Jesus Christ. Christians form the largest religious community in the world. The words '' Christ'' and ''C ...
- Peter Paul Gomez from East Bengal & Cecil Edward Gibbon from West Pakistan & 2 women - Begum Shaista Suhrawardy Ikramullah from East Bengal and Shah Nawaz Begum Jahan Ara from West Punjab were involved), the Constitution of 1973 had no representation from the minorities
The term "minority group" has different meanings, depending on the context. According to common usage, it can be defined simply as a group in society with the least number of individuals, or less than half of a population. Usually a minority g ...
& women
A woman is an adult female human. Before adulthood, a female child or adolescent is referred to as a girl.
Typically, women are of the female sex and inherit a pair of X chromosomes, one from each parent, and women with functional u ...
.
See also
*History of Pakistan
The history of Pakistan prior to its independence in 1947 spans several millennia and covers a vast geographical area known as the Greater Indus region. Anatomically modern humans arrived in what is now Pakistan between 73,000 and 55,000 yea ...
*Politics of Pakistan
The Politics of Pakistan ( ; ISO: ''Siyāsiyāt-e-Pākistāna'') takes place within the framework established by the constitution. The country is a federal parliamentary republic in which provincial governments enjoy a high degree of ...
* Constitution Day (Pakistan)
*Constitution of Pakistan of 1956
The Constitution of 1956 was the fundamental law of Pakistan from March 1956 until the 1958 Pakistani coup d'état. It was the first constitution adopted by independent Pakistan. There were 234 articles, 13 parts and 6 schedules.
Origins
Pakist ...
*Constitution of Pakistan of 1962
The Constitution of 1962 was the fundamental law of Republic of Pakistan from 8 June 1962 until martial law was declared in 25 March 1969. It was abrogated on 25 March 1969 by President Yahya Khan.
Background
Pakistan became an independent state ...
*Constitutional economics
Constitutional economics is a research program in economics and constitutionalism that has been described as explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the choices and activities of econom ...
*Constitutionalism
Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law".
Political organizations are constitutional to ...
*History of democracy
A democracy is a political system, or a system of decision-making within an institution, organization, or state, in which members have a share of power. Modern democracies are characterized by two capabilities of their citizens that differentia ...
*List of national constitutions
The following is a list of national constitutions by country, semi-recognized countries, and by codification.
Codified constitutions (most recent, in use today)
A codified constitution is a constitution that is contained in a single document, w ...
References
Sources
*
External links
Constitution of Islamic Republic of Pakistan
includin
via Law and Justice Commission
Full Text and Case Law
via Zain Sheikh & Associates
Urdu text
via National Assembly
Laws & Order, 2002 (Updated Version)
{{DEFAULTSORT:Constitution Of Pakistan
1973 in law
1973 documents
Pakistan
Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia. It is the List of countries and dependencies by population, fifth-most populous country, with a population of over 241.5 million, having the Islam by country# ...
Government documents of Pakistan
Pakistani philosophical literature
Political history of Pakistan
Pakistan Movement