1973 Constitution

On 7th April, 1972 the national assembly of Pakistan appointed a committee to prepare a draft of the permanent constitution of Pakistan. A bill to provide a constitution was introduced by the committee in the Assembly on ebruary 2, 197!."he Assembly passed the bill on 19th April, 197! "he constitution was enforced in the country on 1#th Au$ust 197!.

Salient Features of 1973 Constitution

"he %onstitution of 197! has the followin$ salient features. 1. Written Constitution &ike the previous constitutions of 19'( and 19(2 the %onstitution of 197! is a written document. )t is very comprehensive and consists of twelve parts consistin$ of 2*+ articles. 2. Rigid Constitution )t is a ri$id constitution. ,o -overnment can chan$e it at will. )t is not easy to make amendments in it. "wo.third ma/ority of both the 0ouses is re1uired for this purpose. !. Federal System "he %onstitution of 197! has introduced a ederal system in the country. "he federation of Pakistan consists of a %entral -overnment and four Provincial -overnments. #. Parliamentary form of Government "he 197! %onstitution proposes a Parliamentary form of -overnment in the country. Prime minister is the head of the Parliamentary system. 0e is leader of the 2a/lis.e. 3hoora 4Parliament5. 0e is elected on direct adult franchise basis. "he Prime 2inister selects a cabinet of central ministers from the members of Parliament which conducts the affairs of the country. Accordin$ to 197! %onstitution the Prime 2inister en/oys wide powers. '. Bicameral egislature "he %onstitution provides for the establishment of a bicameral le$islature in Pakistan. "he Parliament consists of two 0ouses named 3enate and ,ational Assembly "he Parliament en/oys wide powers. *. !irect "et#od of $lection "he %onstitution of 197! $ives a direct method of election. "he members of the ,ational Assembly, the Provincial Assemblies are directly elected by the people

)slamic Provisions of %onstitution of 197!

%&'R(!)C'%(& "he present constitution 4197!5 provides for the protection and preservation of )slamic %oncept of life. )t also attempts to propa$ate and implement the basic teachin$s of )slam. Introductory and the Objectives Resolution )t commences with an introductory principles and provisions set out in the Ob/ectives 6esolution .)t has been made substantive part of the constitution. )n 19*' as a result of *th amendment Ob/ective 6esolution was $iven le$al status. %slamic System "he inclusion of )slamic Provisions has $iven the 197! %onstitution an unprecedented )slamic character. )t ensures an )slamic system in the country. "he followin$ are the )slamic provisions of 197! constitution based on the principles of 0oly 7uran and 3unnah. 1. Sovereignty Belongs to Allah 3overei$nty over the entire 8niverse belon$s to Almi$hty Allah and the authority bestowed by him on men is a sacred trust which the people of Pakistan will e9ercise with the limits prescribed by 7uran and 3unnah. *. Democracy "he state shall e9ercise its powers throu$h the chosen representatives of the people. )slamic democratic system is based on freedom, e1uality, tolerance, social /ustice, consultation etc. 3. Islamic way o li e 3teps shall be $iven to enable the 2uslims of Pakistan to order their lives in accordance with the fundamental principles and basic concepts of )slam. !. "romotion o Social #ustice and $radication o Social $vils "he 3tate shall take necessary steps for prosecution of social /ustice and eradication of social evils and shall prevent prostitution, $amblin$ and takin$ of in/urious dru$s, printin$, publication, circulation and display of obscene literature and advertisements. %. Inde&endence o #udiciary "he %onstitution of 197! stresses upon the establishment of an independent /udiciary. ull /ob security has been provided. "he /ud$es are appointed by the President. "hey cannot be removed from service before the end of their term e9cept on the recommendation of the 3upreme :udicial %ouncil. )n addition the :ud$es are paid respectable salaries. :udiciary must be separated from e9ecutive.

'. Rule o (aw "he 197! %onstitution establishes rule of law in Pakistan. Accordin$ to rule of law no person can be deprived of his fundamental ri$hts. All the citi;ens of Pakistan are e1ual before law. ).Sa eguard o the *undamental +uman Rights "he 197! %onstitution ensures the fundamental ri$hts to the citi;ens of Pakistan which include all political, social < economic ri$hts. for e9ample.

3ecurity of person 3afe$uard a$ainst unlawful arrest and detention Prohibition of slavery and forced labor reedom of movement reedom of assembly reedom of association reedom of business reedom of speech reedom of profess reli$ion 6i$ht to hold property =1uality before law 6i$ht to preserve lan$ua$e, script and culture 3afe$uard a$ainst discrimination in services.

,. -eachings o +oly .uran "he state shall try to make the teachin$s of 0oly 7uran and )slamiat compulsory to encoura$e and facilitate the learnin$ of Arabic lan$ua$e. /. Strengthing Bond0 with 1uslim 2orld3$stablishment o relationshi&s with the 1uslim 2orld4 "he state shall endeavor to stren$then fraternal relations amon$ 2uslim countries in order to promote )slamic unity. 15. $rror *ree "ublication o .uran "he $overnment shall endeavor to secure correct and e9act printin$ and publishin$ of the 0oly 7uran. 11. "rotection o 1inorities "he state shall safe$uard the le$itimate ri$hts of the 2inorities 16. "rejudices to be discouraged

"he state shall discoura$e all sorts of discrimination like racial, tribal, Provincial, lin$uistic, sectarian etc 13.Islamic Re&ublic o "a7istan Pakistan shall be known as >)slamic 6epublic of Pakistan?. 1!. State Religion )slam shall be the state reli$ion of Pakistan. 1%. De inition o a 1uslim "he constitution also $ives the definition of a 2uslim. A person who believes in "auheed or Oneness of Allah,and in the prophet hood of 0a;rat 2ohammad 4P.@.8.05 as the last prophet of Allah has described as a2uslim. 1'. A 1uslim to be a "resident and "rime 1inister "he constitution laid down that only 2uslims shall be elected president and Prime 2inister of Pakistan.,on non.2uslim could hold these offices. 1). 8ouncil o Islamic Ideology "here is a council of )slamic )deolo$y which shall $uide the $overnment in respect of )slamic teachin$s, their implementation and propa$ation. )ts chairman and members are appointed by President. Althou$h its advice is not bindin$ on the $overnment yet it is not easy for any $overnment to i$nore or over rule its su$$estion or opinion re$ardin$ any law. 1,. Oath to "roject and "romote Islamic Ideology "he president, P2, federal and Provincial 2inisters, the 3peaker and Aeputy 3peaker of the ,ational and Provincial Assemblies, the chairman of the 3enate and the -overnors and %hief 2inisters of the Provinces also take oath to preserve and protect the )slamic )deolo$y. 1/. Ahmadi9s A :on 1uslim 1inority Accordin$ to the second amendment of 197! constitution, the 7adiani $roup or the &ahori $roup who call themselves >AhmadiBs? were declared as ,on.2uslim minority. C(&C )S%(& "he 197! constitution enlisted the main principles of 3tate Policy 2a9imum efforts were made to improve the character of this constitution.&ike other constitutions,197! constitution of Pakistan also provides for the protection,propa$ation and enforcement of )slamic )deolo$y.