17296246 Pakistan Constitutional Development

16
Constitution of Pakistan Pakistan This article is part of the series: Politics and government of Pakistan Constitution[show] President [show] Federal government[show] Parliament [show] Judiciary [show] Political Parties[show] Elections [show] Subdivisions [show] Foreign relations[show] Other countries · Atlas  Politics portal The Constitution of Pakistan (Urdu: ن ی ئ آ  اتسکا پ) 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 bod y called the Majlis-i-Shoora (Council of Advisors) or Parliament. [1] Contents 1 The Government of India Act, 1935   2 Objectives Resolution  3 The Constitution of 1956  3.1 Islamic provisions in the Constitution of 1956  3.2 The first martial law and the abrogation of the Constitution   4 The Constitution of 1962  4.1 Islamic provisions in the Constitution of 1962  4.2 The second martial law, abrogation of the Constitution and the new po litical situation [9]   5 The Constitution of 1973 

Transcript of 17296246 Pakistan Constitutional Development

Page 1: 17296246 Pakistan Constitutional Development

8/9/2019 17296246 Pakistan Constitutional Development

http://slidepdf.com/reader/full/17296246-pakistan-constitutional-development 1/16

Constitution of Pakistan

Pakistan

This article is part of the series:

Politics and government of 

Pakistan

Constitution[show]

President[show]

Federal government[show]

Parliament[show]

Judiciary[show]

Political Parties[show]

Elections[show]

Subdivisions[show]

Foreign relations[show]

Other countries · Atlas

 Politics portal

The Constitution of Pakistan (Urdu: پاکستا آئین ) 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.[1]

Contents

1 The Government of India Act, 1935 

2 Objectives Resolution 

3 The Constitution of 1956  3.1 Islamic provisions in the Constitution of 1956  3.2 The first martial law and the abrogation of the Constitution 

4 The Constitution of 1962 

4.1 Islamic provisions in the Constitution of 1962  4.2 The second martial law, abrogation of the Constitution and the new political

situation[9] 

5 The Constitution of 1973 

Page 2: 17296246 Pakistan Constitutional Development

8/9/2019 17296246 Pakistan Constitutional Development

http://slidepdf.com/reader/full/17296246-pakistan-constitutional-development 2/16

5.1 Islamic provisions in the Constitution of 1973 

5.2 Comparison with previous constitutions  5.3 Preamble of the 1973 Constitution (existing constitution) 

6 References 

7 External links 

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:[2]

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).[2]

Objectives Resolution

Liaquat Ali Khan

Page 3: 17296246 Pakistan Constitutional Development

8/9/2019 17296246 Pakistan Constitutional Development

http://slidepdf.com/reader/full/17296246-pakistan-constitutional-development 3/16

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.[3] 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."[4]

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

Page 4: 17296246 Pakistan Constitutional Development

8/9/2019 17296246 Pakistan Constitutional Development

http://slidepdf.com/reader/full/17296246-pakistan-constitutional-development 4/16

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 withsuch 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.[5]

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 inHoly 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.

Page 5: 17296246 Pakistan Constitutional Development

8/9/2019 17296246 Pakistan Constitutional Development

http://slidepdf.com/reader/full/17296246-pakistan-constitutional-development 5/16

 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.[6] 

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.[7]

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 thetext 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 

Page 6: 17296246 Pakistan Constitutional Development

8/9/2019 17296246 Pakistan Constitutional Development

http://slidepdf.com/reader/full/17296246-pakistan-constitutional-development 6/16

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 theParliamentary 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

Page 7: 17296246 Pakistan Constitutional Development

8/9/2019 17296246 Pakistan Constitutional Development

http://slidepdf.com/reader/full/17296246-pakistan-constitutional-development 7/16

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.[8]

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. Butwhen 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 bedesignated 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 thefundamental 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 outin 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 endeavor to strengthen the bonds of unity among Muslimcountries.[8] 

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

situation[9]

The second martial law was imposed on March 25, 1969, when President Ayub Khan abrogatedthe 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.[9]

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

Page 8: 17296246 Pakistan Constitutional Development

8/9/2019 17296246 Pakistan Constitutional Development

http://slidepdf.com/reader/full/17296246-pakistan-constitutional-development 8/16

 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.[9]

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 thegovernment; 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.[9]

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 votessecured 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).[9]

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.[9]

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.[9]

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.[9]

Page 9: 17296246 Pakistan Constitutional Development

8/9/2019 17296246 Pakistan Constitutional Development

http://slidepdf.com/reader/full/17296246-pakistan-constitutional-development 9/16

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.[9]

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." [10] 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."[11]

 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 theconflict had already crystallized.[9]

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.[9]

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.[9]

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

Page 10: 17296246 Pakistan Constitutional Development

8/9/2019 17296246 Pakistan Constitutional Development

http://slidepdf.com/reader/full/17296246-pakistan-constitutional-development 10/16

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.[9]

On February 28, Bhutto demanded that either the 120-day limit for the national Assembly beremoved 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.[9]

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. Thecivil 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.[9]

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 

Page 11: 17296246 Pakistan Constitutional Development

8/9/2019 17296246 Pakistan Constitutional Development

http://slidepdf.com/reader/full/17296246-pakistan-constitutional-development 11/16

Page 12: 17296246 Pakistan Constitutional Development

8/9/2019 17296246 Pakistan Constitutional Development

http://slidepdf.com/reader/full/17296246-pakistan-constitutional-development 12/16

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.[12]

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 toand 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 tothe 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.[13] 

Comparison with previous constitutions

Page 13: 17296246 Pakistan Constitutional Development

8/9/2019 17296246 Pakistan Constitutional Development

http://slidepdf.com/reader/full/17296246-pakistan-constitutional-development 13/16

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.

Preamble of the 1973 Constitution (existing constitution)

"Whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and the

authority to be exercised by the people of Pakistan within the limits prescribed by Him is a

sacred trust;

And whereas it is the will of the people of Pakistan to establish an order:

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

Sunnah;

Wherein adequate provision shall be made for the minorities freely to profess and practise their 

religions and develop their cultures;

Wherein the territories now included in or in accession with Pakistan and such other territories asmay 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;

Therein 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 provision 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;

Page 14: 17296246 Pakistan Constitutional Development

8/9/2019 17296246 Pakistan Constitutional Development

http://slidepdf.com/reader/full/17296246-pakistan-constitutional-development 14/16

So that the people of Pakistan may prosper and attain their rightful and honoured place amongst

the nations of the World and make their full contribution towards international peace and

 progress and happiness of humanity :

 Now, therefore, we, the people of Pakistan,

Cognisant of our responsibility before Almighty Allah and men;

Cognisant of the sacrifices made by the people in the cause of Pakistan;

Faithful to the declaration made by the Founder of Pakistan, Quaid-i-Azam Mohammad Ali

Jinnah, that Pakistan would be a democratic State based on Islamic principles of social justice;

Dedicated to the preservation of democracy achieved by the unremitting struggle of the people

against oppression and tyranny;

Inspired by the resolve to protect our national and political unity and solidarity by creating an

egalitarian society through a new order;

Do hereby, through our representatives in the National Assembly, adopt, enact and give to

ourselves, this Constitution."

References

1. ^ The Federation of Pakistan 

2. ^ a b http://www.na.gov.pk/history.htm The Parliamentary History

3. ^ http://www.storyofpakistan.com/articletext.asp?artid=A054 

4. ^ Islamic Pakistan 

5. ^ ARCHIVES: 1956 (Preamble) 

6. ^ Pakistan Affairs, Gul Shahzad Sarwar 

7. ^ Islamic Pakistan 

8. ^ a b Pakistan Affairs by Gul Shahzad Sarwar 

9. ^ a b c d  e  f    g  h i   j  k  l  m n o Islamic Pakistan 

10.^ http://ghazali.net/book1/chapter_5.htmThe Last Days of United Pakistan by G W Choudhury

11.^ The Last Days of United Pakistan by G.W. Choudhury

12.^ The Constitution of Pakistan

13.^ Part IX: Islamic Provisions 

External links

Full text of the 1973 Constitution of Pakistan with all amending documents 

Constitution of Pakistan, 1973  Constitution and Legislative History of Pakistan 

Constitutional Amendments Required to Ensure Pakistan's Progress as A Democratic

State 

Page 15: 17296246 Pakistan Constitutional Development

8/9/2019 17296246 Pakistan Constitutional Development

http://slidepdf.com/reader/full/17296246-pakistan-constitutional-development 15/16

[show] 

Other topics and categories

Other topics

Tallest buildings · International rankings

Categories

Archaeological sites · Architecture · Cities ·

Communications · Conservation · Culture ·

Economy · Education · Former subdivisions ·

Geography · Government · Healthcare ·

History · Images · Kashmir  · Media · Military ·

Lists · Law · People · Politics · Punjab ·

Religion · Science and technology · Society ·

Sports · Subdivisions · Tourism · Transport ·

Stubs

Page 16: 17296246 Pakistan Constitutional Development

8/9/2019 17296246 Pakistan Constitutional Development

http://slidepdf.com/reader/full/17296246-pakistan-constitutional-development 16/16

Retrieved from "http://en.wikipedia.org/wiki/Constitution_of_Pakistan"

Categories: 1956 in law | 1962 in law | 1973 in law | Constitution of Pakistan

This page was last modified on 18 December 2008, at 13:24. All text is available under the terms of the GNU Free Documentation License. (See

Copyrights for details.)

Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a U.S.registered 501(c)(3) tax-deductible nonprofit charity.