Constitution Development of Pakistan

The Constitution of Pakistan is the supreme law of Pakistan. There have been several documents known as the Constitution of Pakistan. The Constitution of 1973 is the existing constitution which provides for a parliamentar! s!stem with a President as head of state and popularl! elected Prime "inister as head of government. Pakistan has a bicameral legislature that consists of the #enate $upper house% and the &ational 'ssembl! $lower house%. Together with the President the #enate and &ational 'ssembl! make up a bod! called the "a(lis)i)#hoora $Council of 'dvisors% or Parliament. The Government of India Act, 1935 *nder #ection + of the ,ndian ,ndependence 'ct 19-7 the .overnment of ,ndia 'ct 193/ became with certain adaptations the working constitution of Pakistan. 0ut the need of a constitution to be framed b! the elected representatives of the people was all the more necessar! for the free people of a sovereign state. Therefore the first Constituent 'ssembl! was formed under the ,ndependence 'ct 19-7 and was entrusted with two separate functions1

To frame a Constitution for the countr! and To set as a 2ederal 3egislative 'ssembl! or Parliament until that Constitution came into effect. The powers and functions of the central legislature under the .overnment of ,ndia 'ct 193/ were conferred on the Constituent 'ssembl!. The Constituent 'ssembl! could however amend the ,ndian ,ndependence 'ct 19-7 or the .overnment of ,ndia 'ct 193/ and no 'ct of the 0ritish Parliament could be extended to Pakistan without legislation b! the Constituent 'ssembl!. The first Constituent 'ssembl! originall! consisted of 49 members5 subse6uentl! the number of members was increased to 79 $including -- from 7ast 0angal%. !"ectives #esolution The first big step in the framing of a constitution for Pakistan was taken b! the Constituent 'ssembl! on 18 "arch 19-9 when it passed a resolution on the 9'ims and :b(ectives of the Constitution9 popularl! known as the :b(ectives ;esolution. ,t laid the foundation of the constitution and indicated the broad outline of its structure. The resolution was moved b! 3ia6uat 'li <han the first Prime "inister of Pakistan. =hile moving the ;esolution he said1 >#ir , consider this to be a most important occasion in the life of this countr! next in importance onl! to the achievement of independence because b! achieving independence we onl! won an opportunit! of building up a countr! and its polit! in accordance with our ideals. , would like to remind the house that the 2ather of the &ation ?uaid)i)'@am gave expression of his feelings on

this matter on man! an occasion and his views were endorsed b! the nation in unmistakable terms Pakistan was founded because the "uslims of this sub)continent wanted to build up their
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lives in accordance with the teachings and traditions of ,slam because the! wanted to demonstrate to the world that ,slam provides a panacea to the man! diseases which have crept into the life of humanit! toda!.> The resolution was debated for five da!s. The leading members of the government and a large number of non)"uslim members especiall! from 7ast 0engal took a prominent part. 0elow is the text of the :b(ectives ;esolution1 =hereas sovereignt! over the entire universe belongs to 'llah 'lmight! alone and the authorit! which Ae has delegated to the #tate of Pakistan through its people for being exercised within the limits prescribed b! Aim is a sacred trust5 This Constituent 'ssembl! representing the people of Pakistan resolves to frame a Constitution for the sovereign independent #tate of Pakistan5 =herein the #tate shall exercise its powers and authorit! through the chosen representatives of the people5 =herein the principles of democrac! freedom e6ualit! tolerance and social (ustice as enunciated b! ,slam shall be full! observed5 =herein the "uslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and re6uirements of ,slam as set out in the Aol! ?uran and the #unnah5 =herein ade6uate provision shall be made for the minorities to profess and practice their religions and develop their cultures5 =herein the territories now included in or in accession with Pakistan and such other territories as ma! hereafter be included in or accede to Pakistan shall form a 2ederation wherein the units will be autonomous with such boundaries and limitations on their powers and authorit! as ma! be prescribed5 =herein shall be guaranteed fundamental rights including e6ualit! of status of opportunit! and before law social economic and political (ustice and freedom of thought expression belief faith worship and association sub(ect to law and public moralit!5 =herein ade6uate provisions shall be made to safeguard the legitimate interests of minorities and backward and depressed classes5 =herein the independence of the Budiciar! shall be full! secured5 =herein the integrit! of the territories of the 2ederation its independence and all its rights including its sovereign rights on land sea and air shall be safeguarded5 #o that the people of Pakistan ma! prosper and attain their rightful and honored place amongst the nations of the =orld and make their full contribution towards international peace and progress and happiness of humanit!.

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The Constitution of 195$ 'fter nine !ears of efforts Pakistan was successful in framing a constitution in 19/4. The Constituent 'ssembl! adopted it on 89 2ebruar! 19/4 and it was enforced on 83 "arch 19/4 proclaiming Pakistan to be an ,slamic ;epublic. The Constitution was length! and detailed5 it contained 83- articles divided into thirteen parts and six schedules. The Constitution of 19/4 provided for federal s!stem with the principle of parit! between 7ast Pakistan and =est Pakistan. The 2ederal 3egislature was to perform like the 0ritish Parliament. The Centre was invested with such powers as to take unilateral action in emergenc! and it could influence the provincial autonom!. The Constitution of 19/4 provided for the parliamentar! form of government where real executive authorit! was vested in a cabinet collectivel! responsible to the legislature. The cabinet was presided over b! the Prime "inister. The Constitution declared that there would be onl! one house of parliament known as the &ational 'ssembl! and e6ualit! between the two =ings $i.e. 7ast Pakistan and =est Pakistan% was maintained in it. The .overnor .eneral was replaced b! a President who was to be elected b! an 7lectoral College comprising of members of the &ational 'ssembl! and Provincial 'ssembl!. 2amiliar democratic rights and freedoms such as freedom of speech and expression of assembl! and association of movement and of profession were all provided in the Constitution with the usual 6ualifications. =ith regards to civil rights familiar rights such as rights of life libert! and propert! were granted again with the usual 6ualifications and safeguards. The (udiciar! was given power to enforce the fundamental rights and the courts were to decide if a law was repugnant to an! provisions of the fundamental rights. 's per the Constitution *rdu and 0engali were made national languages. ,slamic provisions in the Constitution of 19/4 The text of :b(ectives ;esolution was repeated in the preamble of the Constitution of 19/4 without an! ma(or change.

The name >,slamic ;epublic of Pakistan> was selected for the state of Pakistan. 'll citi@ens of Pakistan were granted freedom to profess practice and propagate an! religion and the right to establish maintain and manage religious institutions. 'ccording to the directive principles steps were to be taken to enable the "uslims of Pakistan individuall! and collectivel! to order their lives in accordance with principles in Aol! ?uran and #unnah. &o law shall be enacted which is repugnant to the in(unctions of ,slam as laid down in the

Aol! ?uran and #unnah and that existing laws shall be brought into conformit! with such

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in(unctions. =hether a law was repugnant to ,slam or not would be decided b! the &ational 'ssembl!. :nl! a "uslim could be 6ualified for election as President. The President should set up an organisation for ,slamic research and instruction in advanced studies to assist in the reconstruction of "uslims societ! on a trul! ,slamic basis.

Teaching of the Aol! ?uran was to be made compulsor! for "uslims.

The purchase and sale of alcohol was banned and prostitution was prohibited. &o person should be compelled to pa! an! special tax the proceeds of which were to be spent on the propagation of an! religion other than his own.

The state should endeavour to strengthen the bonds of unit! among "uslim countries.

The first martial la% and the a!ro&ation of the Constitution :n 7 :ctober 19/+ President ,skandar "ir@a staged a coup d9Ctat. Ae abrogated the 19/4 constitution imposed martial law and appointed .eneral "ohammad '!ub <han as the Chief "artial 3aw 'dministrator and '@i@ 'hmad as #ecretar! .eneral and Deput! Chief "artial 3aw 'dministrator. Aowever onl! three weeks later .eneral '!ub )) who was openl! 6uestioning the authorit! of the government prior to the imposition of martial law )) deposed ,skandar "ir@a on 87 :ctober 19/+ and assumed the presidenc! that practicall! formali@ed the militari@ation of the political s!stem in Pakistan. The Constitution of 19$' President .eneral '!ub <han appointed a Commission on 17 2ebruar! 194E to report on the future political framework. The Commission was headed b! the former Chief Bustice of Pakistan "r. "ohammad #hahabuddin and had ten other members five each from 7ast Pakistan and =est Pakistan composed of retired (udges law!ers industrialists and landlords. The report of the Constitution Commission was presented to President '!ub on 4 "a! 1941 and thoroughl! examined b! the President and his Cabinet. ,n Banuar! 1948 the Cabinet finall! approved the text of the new constitution. ,t was promulgated b! President '!ub on 1 "arch 1948 and finall! came into effect on + Bune 1948. The Constitution contained 8/E articles divided into twelve

parts and three schedules.

's per the Constitution of 1948 Pakistan was renamed as 9;epublic of Pakistan9. The word 9,slamic9 was dropped in this constitution. The Constitution provided for federal s!stem with the

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principle of parit! between 7ast Pakistan and =est Pakistan. 0oth the provinces would run their separate provincial governments. The responsibilities and authorit! of the centre and the provinces were clearl! listed in the constitution. The Central 3egislature had one house known as the &ational 'ssembl!. There were 1/4 members of the &ational 'ssembl!. The e6ualit! between the two wings were maintained in it. The Constitution of 1948 provided Presidential form of government as opposed to the Parliamentar! form of government under the 19/4 Constitution. The President who must be a "uslim not less than 3/ !ears of age and 6ualified for election as a member of the &ational 'ssembl! was to be elected indirectl! b! an 7lectoral College in accordance with the provisions outlined in the Constitution itself. The 7lectoral College formed b! not less than +E EEE 0asic Democrats $0.D.% e6uall! distributed between the two provinces. *nder the Constitution of 1948 if the number of candidates for election to the office of President exceeds three the #peaker of the &ational 'ssembl! was to convene a (oint session of the members of the &ational and Provincial 'ssemblies to select onl! 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 !ears to act as Aead of #tate as well as Chief 7xecutive )) solel! responsible for countr!9s administration. .overnor and "inister were appointed and removed b! him. Ae was eligible to promulgate :rdinances and veto against legislated laws onl! overrideable b! two)thirds of the &ational 'ssembl!. Aowever the President was not empowered to dissolve the 'ssembl! except at the cost of his office also. :n a charge of violating the Constitution or gross misconduct the President might be impeached b! the &ational 'ssembl! for which one)third of the total members of the &ational 'ssembl! must give written notice to the #peaker for the removal of the President. The President was to be removed from office if the resolution for impeachment was passed b! votes of not less than three)fourths of the total members of the 'ssembl!. ' 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 &ational 'ssembl! the movers of the resolution would cease to be members of the 'ssembl!. There was no restriction of religion for a person holding the office of the #peaker of the &ational 'ssembl!. #econdl! if the President resigns from his office or vote of no)confidence passes against him then according to the Constitution the #peaker would act as the President of the #tate till the election of new President. *nder these special circumstances a non)"uslim might get the chance to be an acting President of Pakistan. The Constitution of 1948 provided for elections of Central and Provincial 3egislatures for a term of five !ears. The members of the 'ssemblies were elected b! the 0asic Democrats. The

&ational 'ssembl! was exclusivel! empowered to legislate for the central sub(ects. Aowever it

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could legislate on matters falling under provincial (urisdiction. The power to impose taxes was laid with the central legislature. The 'ssembl! had to serve as a court in the cases of impeachment conviction or declaring the President as incapacitated. ,t could amend the Constitution but with two)thirds ma(orit!. Aowever if President9s veto was even over)ridden he had the right to ask for the assent of the 7lectoral College. The procedure of the Provincial 'ssemblies was identical with that of the &ational 'ssembl!. *rdu and 0engali were recognised as national languages. ,slamic provisions in the Constitution of 1948

The preamble of the Constitution of 1948 was based on the :b(ectives ;esolution. The Constitution laid down simpl! that the state of Pakistan shall be a republic under the name >;epublic of Pakistan>. The word 9,slamic9 was dropped in this Constitution. 0ut when the &ational 'ssembl! met in Bune 1948 there was a demand that the word 9,slamic9 should be re) introduced. There was some (ustification for this demand. ,f ,slamic provisions were to be maintained there was no reason wh! the republic should not be designated an ,slamic ;epublic. The first amendment $December 1948% therefore rectified this article. 'ccording to the principles of polic! steps were to be taken to enable the "uslims of Pakistan individuall! and collectivel! to order their lives in accordance with the fundamental principles and basic concepts of ,slam and should be provided with facilities whereb! the! ma! be enabled to understand the meaning of life according to those principles and concepts. &o law shall be enacted which is repugnant to the teachings and re6uirements of ,slam as set out in the Aol! ?uran and #unnah and all existing laws shall be brought in conformit! with the Aol! ?uran and #unnah.

:nl! a "uslim could be 6ualified for the election as President.

Teaching of the ?uran and ,slami!at to the "uslims of Pakistan was made compulsor!.

Proper organisation of Fakat =akfs and "os6ues were ensured. Practical steps were to be taken to eradicate social evils such as the use of alcohol gambling etc. ' novel ,slamic provision in the 1948 Constitution had introduced an 9'dvisor! Council of

,slamic ,deolog!9 to be appointed b! the President. The fudementals of ,slam as set out in the Aol! ?uran and #unnah.klesident. klstruction in ,slam for the purpose of assisting in the reconstruction of "uslim #tate on a trul! ,slamic basis. The #tate :f Pakistan endeavor to strengthen the bonds of unit! among "uslim countries..

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The second martial la%, a!ro&ation of the Constitution and the ne% political situation( The second martial law was imposed on "arch 8/ 1949 when President '!ub <han abrogated the Constitution of 1948 and handed over power to the 'rm! Commander)in)Chief .eneral 'gha "ohammad Gah!a <han. :n assuming the presidenc! .eneral Gah!a <han acceded to popular demands b! abolishing the one)unit s!stem in =est Pakistan and ordered general elections on the principle of one man one vote. .eneral Gah!a9s regime made no attempt to frame a constitution. The expectations were that a new constituent assembl! would be set up b! holding a free and fair election. ,n order to hold the proposed elections President Gah!a <han promulgated a 3egal 2ramework :rder on "arch 3E 197E that also spelled out the fundamental principles of the proposed constitution and the structure and composition of the national and provincial assemblies. ,n December 197E elections were held simultaneousl! for both the national and five provincial assemblies. 0! an! criteria elections were free and fair. There was no interference from the government5 it maintained strict neutralit! showing no favor or discrimination for or against an! 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. 0ut the results of the first and the last general elections in united Pakistan were simpl! disastrous from the standpoint of national unit! and demonstrated the failure of national integration. There was not a single national part! in the countr! which en(o!ed the confidence of the people of Pakistan both 7ast and =est Pakistan. Two regional parties )) the 'wami 3eague $'3% under the leadership of #heikh "u(ibur ;ahman in 7ast Pakistan )) won 14E out of 148 seats allotted for 7ast Pakistan. 0ut in =est Pakistan it could not secure a single seat and the percentage of votes secured b! the 'wami 3eague in the four provinces of =est Pakistan were1 E.E7 $Pun(ab% E.E7 $#indh% E.8 $&orth =est 2rontier Province% and 1.E $0aluchistan%. The Pakistan Peoples Part! $PPP% under the leadership of Fulfikar 'li 0hutto won +1 out of 13+ seats for =est Pakistan. 0ut the PPP did not even dare to set up a candidate in 7ast Pakistan. The remaining /7 seats of =est Pakistan were shared b! seven parties and there were fifteen independent candidates. The PPP emerged as the single largest part! in =est Pakistan with ma(orities in #indh and the Pun(ab5 and the &ational 'wami Part! $&'P% together with their political all! Bamiat)ul *lema)i),slam $of "aulana "ufti "ahmood% B*, got clear ma(orities in 0aluchistan and the &=2P. &one of the =est Pakistani political parties like the PPP could win a single seat in 7ast Pakistan. The religious 6uestion pla!ed little or no part in the elections. There can be no doubt that in 7ast Pakistan the principles which won the consensus of opinion was the single basic notion of autonom!. The 'wami 3eague had fought the elections on the basis of their six points formula which committed them to restructure the existing federal s!stem in order to ensure maximum political

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autonom! for 7ast Pakistan. *nder this formula onl! two portfolios )) 2oreign 'ffairs and Defence )) would be retained b! the central government. The PPP on the other hand was not willing to dilute the authorit! of the central government in spite of assuring full provincial autonom! for all the provinces of Pakistan. The &'P and B*, coalition sided with the '3 so that the! might obtain maximum autonom! for their own provinces i.e. 0aluchistan and the &=2P. The election results trul! reflected the ugl! political realit!1 the division of the Pakistani electorate along regional lines and political polari@ation of the countr! between the two wings 7ast and =est Pakistan. ,n political terms therefore Pakistan as a nation stood divided as a result of the ver! first general elections in twent!)three !ears of its existence. Thus the general elections of 197E produced a new political configuration with three distinct centers of power1$i% the '3 in 7ast Pakistan1 $ii% the PPP in #indh and the Pun(ab5 and $iii% the &'P)B*, in 0aluchistan and the &=2P. 't the top of all this was the fourth center of power the armed forces with their spokesman Gah!a <han. There were two ma(or claimants of power1 #heikh "u(ibur ;ahman and Fulfikar 'li 0hutto. 'ccording to . = Chowdhur! in his book 9The 3ast Da!s of *nited Pakistan9 >both $the leaders% flourished on negative appeals to the illiterate voters of Pakistan one b! whipping up regional feeling against Pun(abi domination and the other b! whipping up militant national feelings against ,ndia. &either had an! constructive or positive approach.> "u(ib was apparentl! more interested in creating a separate state for 0engalis 0angladesh since he had no trust in the ruling elite of =est Pakistan. :n the other hand 0hutto was more interested in getting power no matter whether in a united or divided Pakistan. ,n fact he reali@ed that in a united Pakistan he had little chance of becoming either prime minister or president. 'ccording to .= Choudhur! >he reali@ed from his discussions with 0hutto before and after the 197E elections that if he had to make a choice between the two 9Ps $power or Pakistan% he would choose the former. Ae was more interested in getting a 81)gun salute as the head of the state than in the maintenance of the unit! of Pakistan.> &egotiations were held between Banuar! and "arch 1971 between the two ma(or regional leaders ) "u(ib and 0hutto ) and the ruling militar! government under President Gah!a <han. 0ut the tripartite negotiations for an agreed federal or even a confederal constitution was a dismal and total failure. *nder the 3egal 2ramework :rder the President was to decide when the 'ssembl! was to meet. :nce assembled it was to frame a new constitution within 18E da!s or stand dissolved. :n 13 2ebruar! 1971 the President announced that the &ational 'ssembl! was to meet at Dacca on 3 "arch. 0! this time the differences between the main parties to the conflict had alread! cr!stalli@ed. :n December 88 197E the #ecretar! of the 'wami 3eague Ta(uddin 'hmed claimed that his part! having won an absolute ma(orit! had a clear mandate and was 6uiet competent to frame a

constitution and to form a central government on its own. #heikh "u(ibur ;ehman declared on
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Banuar! 3 1971 that his part! would not frame a constitution on its own even though it had a ma(orit!. Ae refused however to negotiate on the #ix Points sa!ing that the! were now public propert! and no longer negotiable. The crux of the conflict was that the ma(orit! part! in the west led b! 0hutto was convinced that a 2ederation based on the #ix Points would lead to a feeble confederation in name onl!. 't best it would lead to a feeble confederation and at worst it would result in the division of the countr! into two states. These fears were evidentl! shared b! the militar! leaders in the west including President Gah!a <han who had publicl! described #heikh "u(ibur ;ehman as the 9future Prime "inister of Pakistan9 on Banuar! 1- 1971. 0hutto announced on 2ebruar! 1/ that his part! would not attend the &ational 'ssembl! unless there was 9some amount of reciprocit!9 from the 'wami 3eague. #heikh "u(ib replied at a press conference on 2ebruar! 81 asserting that 9:ur stand is absolutel! clear. The constitution will be framed on the basis of the #ix Points9. Ae also denied that the #ix Points would leave the central government at the merc! of the provinces and contended that the! were designed onl! to safeguard provincial autonom!. :n 2ebruar! 8+ 0hutto demanded that either the 18E)da! limit for the national 'ssembl! be removed or the opening session be postponed declaring that if it was held on "arch 3 as planned there would be a general strike throughout =est Pakistan. President Gah!a <han responded next da! b! postponing the 'ssembl! meeting to "arch 8/. The postponement of the &ational 'ssembl! came as a shattering disillusionment to the 'wami 3eague and their supporters throughout 7ast Pakistan. ,t was seen as a betra!al and as proof of the authorities of the =est Pakistan to den! them the fruits of their electoral victor!. This resulted in the outbreak of violence in 7ast Pakistan. The 'wami 3eague launched a non)cooperation movement and virtuall! the! controlled the entire province. The &ational 'ssembl! however could not even meet on "arch 8/ due to widespread disturbances in 7ast Pakistan where the arm! moved in on 84 "arch to control the situation. The civil disobedience movement later developed into a war of national liberation full! backed b! the ,ndian arm!. 's a result Pakistani forces had to surrender to the ,ndian 'rm! and almost over 93 EEE militar! personnel were taken as prisoners of war on December 14 1971. Thus ended an important era of the largest "uslim state Pakistan. ' new and smaller Pakistan emerged on 14 December 1971. Demorali@ed and finding himself unable to control the situation .eneral Gah!a <han surrendered power to 0hutto who was sworn)in on December 8E 1971 as President and as the $first civilian% Chief "artial 3aw 'dministrator. The Constitution of 19)3

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'fter gaining power Fulfikar 'li 0hutto invited the leaders of the parliamentar! parties to meet him on 17 :ctober 1978 which resulted in an agreement known as the 9Constitutional 'ccord9 after an intensive discussion. 's per consultations floated b! PPP the &ational 'ssembl! of Pakistan appointed a committee of 8/ members on 17 'pril 1978 to prepare a draft of the permanent Constitution of Pakistan. "ohammad 'li <asuri was the elected chairman of the Committee. :n 8E :ctober 1978 the draft bill for the Constitution of Pakistan was signed b! leaders of all parliamentar! groups in the &ational 'ssembl!. ' bill to provide a constitution for the ,slamic ;epublic of Pakistan was introduced in the 'ssembl! on 8 2ebruar! 1973. The 'ssembl! passed the bill unanimousl! on 19 'pril 1973 and endorsed b! the acting President Fulfikar 'li 0hutto on 18 'pril 1973. The Constitution came into effect from 1- 'ugust 1973. :n the same da! 0hutto took over as the Prime "inister and Choudhar! 2a@al)e)7lahi as the President of Pakistan. This constitution represented a compromise consensus on three issues1 the role of ,slam5 the sharing of power between the federal government and the provinces5 and the division of responsibilities between the President and the Prime "inister with a greatl! strengthened position for the latter. The Constitution provided for federal s!stem. The 2ederal 3egislature is to function like the 0ritish Parliament. ,n order to alla! fears of the provinces concerning domination of the Centre the constitution established a bicameral legislature with a #enate $the upper house% providing e6ual provincial representation and a &ational 'ssembl! $the lower house% allocating seats according to population. ,slam has been declared as the #tate religion. The Constitution named Pakistan as the >,slamic ;epublic of Pakistan>. :nl! a "uslim could become the President or the Prime "inister of Pakistan. &o law repugnant to ,slam shall be enacted and the present laws shall also be ,slamised. The President must be a "uslim not less than -/ !ears of age elected b! members of Parliament. Ae is to hold office for a term of five !ears. The President could be removed b! the resolut ion of parliament of not less than two)thirds of the total membership. The President could issue ordinances when the Parliament is not in session. The President has the power of granting pardon and the right to be kept informed b! the Prime "inister on all matters of internal and foreign policies. The Constitution sets)forth the Parliamentar! #!stem of .overnment. The head of the .overnment according to the Constitution will be the Prime "inister. The Prime "inister and his Cabinet is accountable to the &ational 'ssembl! for his actions. The Prime "inister would be elected b! the ma(orit! of the &ational 'ssembl!. The Constitution of 1973 introduced a new institution known as the 9Council of Common

,nterests9 consisting of Chief "inisters of the provinces and an e6ual number of "inisters of the
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2ederal .overnment nominated b! the Prime "inister. The Council could formulate and regulate the polic! in the Part ,, of the 3egislative 3ist. ,n case of complaint of interference in water suppl! b! an! province the Council would look into the complaint. 'nother ma(or innovation in the Constitution of 1973 is the establishment of a &ational 2inance Commission $&2C% consisting of the 2ederal and Provincial 2inance "inisters and other members to advice on distribution of revenues between the federation and the provinces. The Principels of Polic! includes ,slamic wa! of life promotion of 3ocal .overnment 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 "uslim world and to work for international peace. *nder the 1973 Constitution 2undamental ;ights include securit! of person safeguards as to arrest and detention prohibition of slaver! 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 (udiciar! en(o!s full supremac! over the other organs of the #tate. *rdu is the national language. Islamic provisions in the Constitution of 19)3 The name 9,slamicle the "uslims of Pakistan individuall! or collectivel! to order their lives in accordance with the fundamental principles and basic concepts of ,slam. #teps shall be taken to make the teaching of the Aol! ?uran and ,slami!at compulsor! to encourage and facilitate the learning of 'rabic language and to secure correct and exact printing and publishing of the Aol! ?uran.

Proper organisation of Fakat 'u6af and "os6ues is ensured. The state shall prevent prostitution gambling and consumption of alcohol printing publication circulation and displa! of obscene literature and advertisements. :nl! a "uslim could be 6ualified for election as President $male onl!% and Prime "inister $male or female%. &o restriction as to religion or gender on an! other post up to and including provincial governor and Chief "inister. 'll existing laws shall be brought in conformit! with the in(unctions of ,slam as laid down in the Aol! ?uran and #unnah and no law shall be enacted which is repugnant to such in(unctions.

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' Council of ,slamic ,deolog! shall be constituted referred t ma! or if two)fifths of its total membership so re6uires a Aouse or a Provincial 'ssembl! shall refer to the ,slamic Council for advice on an! 6uestion as to whether a proposed law is or is not repugnant to the in(unctions of ,slam. 2or the first time the Constitution of Pakistan gave definition of a "uslim which197-HH% of the 1973 Constitution declared for the first time the ?adianis or the 3ahoris as non)"uslims and their leader "ir@a .hulam 'hmed ?adian who had st!led himself as a so)called prophet of ,slam as a fraudster and imposter &abi. Comparison %ith previous constitutions =ith regard to provincial rights the 1973 constitution was in fact the most centralised of Pakistan9s various constitutions. The .overnment of ,ndia 'ct of 193/ which Pakistan adopted as its first working constitution granted the federal government 94 items of power. The 19/4 constitution reduced that number to -9 and this was retained in the 1948 constitution. ,n 1973 however it was then enlarged to 11-. Pream!le of the 19)3 Constitution *e+istin& constitution, >=hereas sovereignt! over the entire *niverse belongs to 'lmight! 'llah alone and the authorit! to be exercised b! the people of Pakistan within the limits prescribed b! Aim is a sacred trust5 'nd whereas it is the will of the people of Pakistan to establish an order1 =herein the #tate shall exercise its powers and authorit! through the chosen representatives of the people5 =herein the principles of democrac! freedom e6ualit! tolerance and social (ustice as enunciated b! ,slam shall be full! observed5 =herein the "uslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and re6uirements of ,slam as set out in the Aol! ?uran and #unnah5 =herein ade6uate provision shall be made for the minorities freel! to profess and practise their religions and develop their cultures5 =herein the territories now included in or in accession with Pakistan and such other territories as ma! hereafter be included in or accede to Pakistan shall form a 2ederation wherein the units will be autonomous with such boundaries and limitations on their powers and authorit! as ma! be prescribed5

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Therein shall be guaranteed fundamental rights including e6ualit! of status of opportunit! and before law social economic and political (ustice and freedom of thought expression belief faith worship and association sub(ect to law and public moralit!5 =herein ade6uate provision shall be made to safeguard the legitimate interests of minorities and backward and depressed classes5 =herein the independence of the (udiciar! shall be full! secured5 =herein the integrit! of the territories of the 2ederation its independence and all its rights including its sovereign rights on land sea and air shall be safeguarded5 #o that the people of Pakistan ma! prosper and attain their rightful and honoured place amongst the nations of the =orld and make their full contribution towards international peace and progress and happiness of humanit! 1 &ow therefore we the people of Pakistan Cognisant of our responsibilit! before 'lmight! 'llah and men5 Cognisant of the sacrifices made b! the people in the cause of Pakistan5 2aithful to the declaration made b! the 2ounder of Pakistan ?uaid)i)'@am "ohammad 'li Binnah that Pakistan would be a democratic #tate based on ,slamic principles of social (ustice5 Dedicated to the preservation of democrac! achieved b! the unremitting struggle of the people against oppression and t!rann!5 ,nspired b! the resolve to protect our national and political unit! and solidarit! b! creating an egalitarian societ! through a new order5 Do hereb! through our representatives in the &ational 'ssembl! adopt enact and give to ourselves this Constitution.>

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