Constitution of Pakistan

Constitution of Pakistan
source
Name	Constitution of Pakistan
Caption	State Emblem of Pakistan
Jurisdiction	Islamic Republic of Pakistan
Date created	20 October 1972
Date ratified	10 April 1973
Date effective	14 August 1973
System	Federal parliamentary republic
Branches	Three (Executive, Legislative, Judiciary)
Chambers	Bicameral (Senate and National Assembly)
Executive	Prime Minister-led Cabinet
Judiciary	Supreme Court, High Courts
Federalism	Federation
Date legislature	10 April 1973
Date first executive	14 August 1973
Date first court	14 August 1973
Number amendments	26
Date last amendment	31 May 2018
Location of document	Islamabad
Signatories	Zulfikar Ali Bhutto
Supersedes	Legal Framework Order, 1970

Constitution of Pakistan. The supreme law of the Islamic Republic of Pakistan, it was ratified by the National Assembly of Pakistan on 10 April 1973 and came into effect on 14 August 1973, replacing the interim Legal Framework Order, 1970. It establishes Pakistan as a federal parliamentary republic, declares Islam as the state religion, and guarantees fundamental rights. The document has been a central, though often contested, pillar of the nation's political and legal order, surviving periods of martial law and undergoing numerous amendments.

History and background

The journey began with the Objectives Resolution of 1949, which laid the ideological foundation for a state based on Islamic principles. Pakistan's first constitution was adopted in 1956 under Iskander Mirza, establishing the Islamic Republic of Pakistan, but was abrogated following the 1958 Pakistani coup d'état led by Ayub Khan. His regime promulgated the Constitution of Pakistan of 1962, which created a presidential system, but it was suspended after the Bangladesh Liberation War. Following the war, the Government of Zulfikar Ali Bhutto oversaw the drafting of the current document, which was a product of consensus among various political parties and was signed into law by Bhutto himself.

Structure and key provisions

The document is lengthy and detailed, comprising a preamble, 280 articles, and several schedules. It establishes a bicameral legislature at the federal level, consisting of the Senate of Pakistan and the National Assembly of Pakistan. The executive authority is vested in the Prime Minister of Pakistan and the Cabinet of Pakistan, with the President of Pakistan serving as a ceremonial head of state. It defines the federation, dividing powers between the central government and the Provinces of Pakistan as listed in the Federal Legislative List. Key provisions also include the establishment of an independent judiciary headed by the Supreme Court of Pakistan and the incorporation of Islamic principles, making the Council of Islamic Ideology a constitutional body.

Amendments

The amendment process is outlined in Article 239, requiring a two-thirds majority in both houses of Parliament of Pakistan. The most significant and controversial amendment is the Eighth Amendment to the Constitution of Pakistan, enacted during the regime of Muhammad Zia-ul-Haq, which dramatically increased the powers of the president. This was later reversed by the Thirteenth Amendment to the Constitution of Pakistan and the Fourteenth Amendment to the Constitution of Pakistan. Other notable changes include the Seventeenth Amendment to the Constitution of Pakistan, which revived presidential powers, and the Eighteenth Amendment to the Constitution of Pakistan, which devolved significant authority to the provinces and curtailed presidential powers. The most recent is the Twenty-fifth Amendment to the Constitution of Pakistan, which merged the Federally Administered Tribal Areas with Khyber Pakhtunkhwa.

Fundamental rights and principles

Part II of the document enumerates a comprehensive set of fundamental rights, including equality before the law, prohibitions against discrimination, and freedoms of speech, assembly, association, and religion. These rights are enforceable by the High Courts of Pakistan and the Supreme Court of Pakistan under their constitutional jurisdiction. The document also enshrines the Principles of Policy, which are directive principles for state policy aimed at promoting Islamic ways of life, social justice, and economic well-being. The preamble and Article 2-A incorporate the text of the Objectives Resolution, affirming that sovereignty belongs to Allah and that the state shall enable Muslims to order their lives according to the Quran and Sunnah.

Constitutional bodies and institutions

Several key institutions are established to uphold the framework. The judiciary is headed by the Supreme Court of Pakistan and includes the Federal Shariat Court, which examines laws for repugnancy to Islam. The Election Commission of Pakistan is constituted to organize elections and demarcate constituencies. Other vital bodies include the National Finance Commission, which recommends distribution of financial resources, the Council of Common Interests for federal-provincial coordination, and the Pakistan Armed Forces, whose role and command structure are defined. The Senate of Pakistan ensures provincial representation in the federal legislature.

Challenges and controversies

Its history has been marked by repeated suspensions and abrogations during periods of Martial law in Pakistan, notably under Ayub Khan, Yahya Khan, Muhammad Zia-ul-Haq, and Pervez Musharraf. The conflict between parliamentary supremacy and a powerful presidency, often bolstered by the military, has been a persistent theme. The Doctrine of Necessity, invoked by the Supreme Court of Pakistan to validate military coups, has undermined its sanctity. Contemporary debates revolve around the balance between Islamic provisions and fundamental rights, the powers of the Council of Islamic Ideology, and tensions between the federation and provinces, particularly concerning resource distribution and the status of regions like Gilgit-Baltistan.

Pakistan Category:Government of Pakistan Category:1973 in law Category:1973 in Pakistan