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BSCS(2) Fal-2017

Pak Studies Assignment

Topic:The Constitution of 1973

Assignment Submitted To:Ma’am Nosheen Gull

Assignment Submitted By:Shefa Idrees # 101631049

Department of ComputerScience

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What is Constitution?“Constitution is the set of fundamental laws/principles may be writtenor unwritten on which a country is acknowledged to be governed.”

Islamic point-of-view about ConstitutionThe first Muslim constitution was promulgated by the Holy Prophet ofIslam Hazrat Muhammad (P.B.U.H) when He (P.B.U.H) migrated toMadina and a foundation was laid for the government of a city state.This constitution was framed and put into effect with the full consensusof not only the followers of the Prophet Muhammad (PBUH) but alsohad the concurrence of the Jews and other non-converts. Theconstitution, thus framed, gave the details of the rights and duties of theruler and the ruled.

Brief History of 1973 ConstitutionAfter taking control of the government in

1971. Z.A. Bhutto started work on a democratic constitution for thecountry. On 17th April 1972 the National Assembly constituted acommittee to prepare a draft constitution. The Committee worked hardand prepared the draft of the constitution which was presented to theleaders of all parliamentary leaders on 20th October 1972. All theleaders signed the draft. After that it was discussed and debated n theNational Assembly which gave its approval on 10th April 1973. ThePresident gave his assent on 12th April 1973. Finally, the Senate

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approved the constitution in August 1973. Consequently, theconstitution was enforced in the country on 14th August 1973.According to the Constitution of 1973 Mr. Z.A. Bhutto look over as thetenth Prime Minister and Mr. Fazl-e-Elahi was sworn in as the Presidentof Pakistan.

The ConstitutionThe constitution of Pakistan 1973 was enforced on 14th Aug 1973. Itconsists of 280 articles and 7 schedules with Objective Resolutionforming the preamble of the constitution beside 20 amendments whichhave been made since then. It is regarded as the landmarkaccomplishment of Bhutto’s era as it was a unanimous act of theparliament with complete consensus of all the political parties. However,many twists and turns have been witnessed ever since its enforcementbut still it is the supreme law of land and the sacrosanct instrumentwhich reigns supreme in governance of the state. The constitutiondeclared Pakistan an Islamic republic laying down condition for head ofstate and head of the government to be Muslims. However, 8thamendment has made the Objective Resolution a substantial part of theconstitution by incorporating it as article 2A according to which all lawsmade in Pakistan should be in accordance with the injunctions of Quranand Sunnah. Its Islamic character is further reinforced by accepting thesovereignty of Almighty Allah, Islam to be the state religion and bypromising the Muslims to enable them to order their lives in accordancewith the fundamental principles of Islam. It also provides a long list offundamental rights as well directive principles of state policy. Besides,the constitution envisages a federation of Pakistan and affords aparliamentary form of government leaving president with onlyceremonious functions. The federal legislature is bicameral i.e. senatethe upper house and national assembly the lower house. Moreover, theconstitution provides an independent judiciary, provincial autonomy to

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the federating units, a council of common interests, a council of Islamicideology etc. The subsequent voyage of the constitution however wasnot smooth. It has been suspended or held in abeyance twice.Amendments made by military dictators have changed spirit of originalconstitution. So far, 20 amendments have been made most of whichhave been brought about not for the fulfillment of compulsions andneeds of changing times but to accomplish the selfish ends. Thisexperimentation has achieved nothing but instability in the country thathas blocked the process of establishing and strengthening thedemocratic system in Pakistan.

Salient Features of 1973 Constitution

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The Constitution of 1973 is strikingly different from the earlierConstitution of 1956 and 1962. It has the following salient features:

Written ConstitutionLike the previous constitutions of 1956 and 1962 the Constitution of1973 is a written document. It is very comprehensive and consists oftwelve parts consisting of 280 articles.

Introductory and the Objectives ResolutionIt commences with an introductory which slates the Islam shall bestate religion. The principles and provisions set out in the ObjectivesResolution have been made substantive part of the constitution.

Islamic SystemThe inclusion of Islamic Provisions has given the 1973 Constitutionan unprecedented Islamic character. It ensures an Islamic system inthe country.

Rigid ConstitutionIt is a rigid constitution. No Government can change it at will. It isnot easy to make amendments in it. Two-third majority of both thehouses is required for this purpose.

Federal SystemThe Constitution of 1973 has introduced a Federal system in thecountry. The federation of Pakistan consists of a Central Governmentand four Provincial Governments. The Federal Government isheaded by a President elected by members of Majlis-e-Shoora(Parliament).

Parliamentary form of GovernmentThe 1973 Constitution proposes a Parliamentary form of Governmentin the country. Prime minister is the head of the Parliamentary

system. He is leader of the Majlis-e-Shoora (Parliamentary). He iselected on direct adult franchise basis. The Prime Minister selects a

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cabinet of central ministers from the members of Parliament whichconducts the affairs of the country. According to 1973 Constitutionthe Prime Minister enjoys wide powers.

Bicameral LegislatureThe Constitution provides for the establishment of a bicamerallegislature in Pakistan. The Majlis-e-Shoora (Parliament) consists oftwo Houses named Senate and National Assembly. The Senate or theUpper House consists of 63 members (the 8th Amendment has raisedthis number to 87). The National Assembly consists of 200 members(Now this number has been raised to 207). The Majlis-e-Shooraenjoys wide powers of legislature.

Direct Method of ElectionThe Constitution of 1973 gives a direct method of election. Themembers of the National Assembly, the Provincial Assemblies aredirectly elected by the people.

Fundamental RightsThe 1973 Constitution ensures the following fundamental rights tothe citizens of Pakistan:

1.Security of person2.Safeguard against unlawful arrest and detention3.Prohibition of slavery and forced labor4.Freedom of movement5.Freedom of assembly6.Freedom of association7.Freedom of business8.Freedom of speech9.Freedom of profess religion10.Right to hold property11.Equality before law12.Right to preserve language, script and culture13.Safeguard against discrimination in services.

Principles of PolicyThe Constitution of 1973 has set the following principles of policy:

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1.Local electoral bodies will be set up for solvinglocal problems.2.The parochial and other prejudices shall bediscouraged.3.The women shall be given full representation in all spheres of

national life.4.Social justice shall be promoted.5.Bonds with Muslim world shall be strenghened.

Independence of JudiciaryThe Constitution of 1973 stresses upon the establishment of anindependent judiciary. Full job security has been provided. Thejudges are appointed by the President. They cannot be removed fromservice before the end of their term except on the recommendation ofthe Supreme Judicial Council. In addition, the Judges are paidrespectable salaries.

National LanguageThe 1973 Constitution has declared Urdu as the national language ofPakistan. However, English has been retained as the official languagefor 15 years. Similarly, regional languages have been provided fullprotection.

Single CitizenshipThe Constitution of 1973 has established the principles of singlecitizenship. According to this principle the rights and duties of thecitizens are determined by the Federal Constitution only. Thus thepeople throughout Pakistan are citizens of Pakistan.

Rule of LawThe 1973 Constitution establishes rule of law in Pakistan. Accordingto rule of law no person can be deprived of his fundamental rights.All the citizens of Pakistan are equal before law.