Constitution of Pakistan of 1973

Constitution of Pakistan of 1973 is the supreme law of the Islamic Republic of Pakistan. Drafted by the National Assembly elected after the Bangladesh Liberation War, it was authenticated by President Zulfikar Ali Bhutto on April 12, 1973, and came into force on August 14, 1973. It established a federal parliamentary system, declared Islam the state religion, and incorporated a comprehensive framework of fundamental rights and Principles of Policy. This constitution remains the country's foundational document, though it has faced multiple suspensions and numerous amendments.

Background and history

The need for a permanent constitution arose after the dissolution of One Unit and the traumatic secession of East Pakistan following the Bangladesh Liberation War and the Indo-Pakistani War of 1971. The previous governing document, the Legal Framework Order, 1970, was provisional. An elected Assembly, with a majority from Bhutto's Pakistan Peoples Party, undertook the drafting. The process involved intense negotiations among various political factions, including the Jamiat Ulema-e-Islam and the National Awami Party (Wali), to achieve consensus on the federal structure and the role of Islam. The final draft was unanimously passed by the Parliament on April 10, 1973.

Salient features

The constitution declares Pakistan an Islamic republic, with Islam as the state religion and sovereignty belonging to Allah. It establishes a federal structure with two houses of Parliament: the Senate and the National Assembly. It enshrines a Parliamentary system where the Prime Minister is the head of government and the President a ceremonial head of state. A key feature is the incorporation of Principles of Policy, directing the state to promote Islamic way of life and social justice. It also contains an extensive chapter on fundamental rights enforceable by the judiciary.

Structure and provisions

The document is lengthy, originally containing 280 articles and several schedules. It is divided into parts, with Part I detailing the Republic and Part II covering fundamental rights and Principles of Policy. Part III establishes the Federation of Pakistan, outlining the powers of the President, Parliament, and the Federal Government. Part IV concerns the Provinces, defining the roles of Governors and Provincial Assemblies. Subsequent parts address the relationship between the federation and provinces, the judiciary (including the Supreme Court and High Courts), elections, and Islamic provisions such as the Council of Islamic Ideology.

Amendments

The constitution has been amended numerous times, with several amendments profoundly altering its character. The Eighth Amendment by President Muhammad Zia-ul-Haq empowered the presidency to dissolve the National Assembly. The Thirteenth Amendment and later the Eighteenth Amendment reversed this, restoring parliamentary supremacy and enhancing provincial autonomy. The Seventeenth Amendment validated the military coup of Pervez Musharraf. The most recent significant change is the Twenty-fifth Amendment, which merged the Federally Administered Tribal Areas with Khyber Pakhtunkhwa.

Significance and impact

The 1973 Constitution is significant for providing Pakistan's most enduring and consensus-based constitutional framework. It created a stable, defined relationship between the federation and the provinces of Punjab, Sindh, Khyber Pakhtunkhwa, and Balochistan. Its fundamental rights provisions have empowered the Supreme Court to exercise judicial review, notably in cases like the Lawyers' Movement. The Eighteenth Amendment is considered a landmark, devolving substantial powers to provinces and strengthening the federal parliamentary system as envisioned by the original framers.

Challenges and controversies

The constitution has faced major challenges, including outright suspensions during periods of martial law under Muhammad Zia-ul-Haq and Pervez Musharraf. Controversies persistently surround the appropriate role of Islam, leading to debates over blasphemy laws and the jurisdiction of the Federal Shariat Court. The conflict between parliamentary sovereignty and a powerful military establishment, often termed a "deep state," has repeatedly tested constitutional order. Amendments like the Eighth and Seventeenth are criticized for being imposed by military rulers, while the Objectives Resolution's inclusion in the substantive text remains a point of ideological contention. Pakistan Category:Pakistani law Category:1973 in Pakistan Category:1973 documents