THE ISLAMIA UNIVERSITY OF BAHAWALPUR

Department of Computer Science and IT

ASSIGNMENT TOPIC

A Contextual Analysis On
The Constitution of Pakistan
(1973)

Submitted to:
Prof. Dr. Muhammad Azher
Instructor: Pakistan Studies
(SS-01302)

Submitted by:
Muhammad Zubair Madni Muhammad Husnain Sabir

Roll No: FA18M2BB004 Roll No: FA18M2BB029

BS-IT (3rd) BS-IT (3rd)

A Contextual Analysis on the Constitution of Pakistan (1973)

TABLE OF CONTENTS

Title Page No

Preface 1

History of Worlds Constitutio 2

History of Pakistan’s Constitution -

Keynote on the Constitution of 1973 4

Distinguish Features of 1973 Constitution 5

Islaimc Provision of 1973 Constitution 8

Comparison between Previous Constitution 10

Conclusio 11

References 12
 Preface:

The constitution of any country is considered a spinal cord for governing the
country under the supervision of authentic and implementable guidelines or rules. As
Pakistan was made on the basis of Islamic ideology, so it was necessary to make a
constitution that would not be more debatable, and constitution should base on the
Islamic ideological principal. To make the accurate and obvious constitution, the
politician, legal advisors, intellectuals and think tanks put twenty six years, so that we
have an obvious constitution.

After the unsuccessful ventures of previous two constitutions, the

representatives of the opposition called on President Bhutto and agreed to approve a
draft of constitution. In the light of this agreement, a constitutional draft was
presented on February 2, 1973. The National assembly of Pakistan passed this
constitution on 10th April, 1973, the president of the assembly authenticated it on 12 th
April, 1973 and the assembly published the constitution of the Islamic republic of
Pakistan. On august 14, 1973, the constitution was put in force after the president of
Pakistan formally endorsed it.1

Since then, a number of amendments have been made there in and it has
become necessary and expedient that an up-to-date and authentic version of the
constitution be published by the assembly. Up till now, twenty five amendments are
included in the constitution of Pakistan. The last amendment was passed by Pakistani
parliament and Khyber Pakhton Khwan assembly in May 2018. Under the amendment,
the federally administered tribal areas (FATA) are to be merged with province of Khyber
Pakhton Khwan.2

Through this constitution Pakistan have a legal assistance to prove that it would
be an Islamic welfare state. The constitution eliminated all the previous vague and
become a more apparent and obvious for further legislation. But it’s a true fact that,
since 1973, the constitution has been suspended or held in abeyance on two
occasions: first, when the martial law was imposed on July 05, 1977, and, later, when
the fourth military coup took place on October 12, 1999.

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 History of Worlds Constitution:

A constitution is an aggregate of fundamental principles or established

precedents that constitute the legal basis of a polity, organization or other type of
entity, and commonly determine how that entity is to be governed.3

When these principles are written down into a single document or set of legal
documents, those documents may be said to embody a written constitution; if they are
Written down in a single comprehensive document, it is said to embody a codified
constitution. Some constitutions (such as that of the United Kingdom) are unmodified,
but written in numerous fundamental Acts of a legislature, court cases or treaties.
Constitutions concern different levels of organizations, from sovereign countries to
companies and unincorporated associations.

A treaty which establishes an international organization is also its constitution, in

that it would define how that organization is constituted. Within states, a constitution
defines the principles upon which the state is based, the procedure in which laws are
made and by whom. Some constitutions, especially codified constitutions, also act as
limiters of state power, by establishing lines which a state's rulers cannot cross, such as
fundamental rights.4

The Constitution of India is the longest written constitution of any country in

the world, containing 444 articles in 22 parts, 12 schedules and amendments, with
146,385 words in its English-language version. The Constitution of Monaco is the
shortest written constitution, containing 10 chapters with 97 articles, and a total of
3,814 .5

History of Pakistan Constitution;

In a radio talk addressed to the people of Pakistan, broadcast in February 1948, Jinnah
expressed his views regarding Pakistan's constitution-to-be in the following way:

The Constitution of Pakistan is yet to be framed by the Pakistan Constituent

Assembly, I do not know what the ultimate shape of the constitution is going to be, but I
am sure that it will be of a democratic type, embodying the essential principles of Islam.
Today these are as applicable in actual life as these were 1300 years ago.

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 Islam and its idealism have taught us democracy. It has taught equality of man,
justice and fair play to everybody. We are the inheritors of these glorious traditions
and are fully alive to our responsibilities and obligations as framers of the future
constitution of Pakistan.6

Pakistan was founded in 1947 as a Dominion (an independent realm or kingdom)

within the British Commonwealth. The same was true in independent India. During its
first few years of existence the British monarch was also Pakistan's head of state, as is
still the case in Canada, Australia etc. Before writing a constitution, a Constituent
Assembly passed the Objectives Resolution, on the insistence of the ulama and Jamaat-
e-Islami, in March 1949 to define the basic directive principles of the new state and to
declare state recognition of the sovereignty of Allah over the universe.

The Objectives Resolution affirmed the role of democracy and contained religious
provisions to enable society to adhere to the teachings of the Quran and Sunnah. The
Objectives Resolution has henceforth been inserted as a preamble into each of
Pakistan's subsequent constitutions.7

The country became a republic when its first constitution was approved in 1956
but this was abrogated in 1958 after a military Coup detat.8 Pakistan's second
constitution was approved in 1962. It granted executive power to the president and
abolished the office of the prime minister. It also institutionalized the intervention of
military in politics by providing that for twenty years, the president or the defense
minister must be a person who had held a rank not lower than that of lieutenant-
general in the army. The 1962 constitution was suspended in 1969 and abrogated in
1972.9

The 1973 constitution was the first in Pakistan to be framed by elected

representatives. Unlike the 1962 constitution it gave Pakistan a parliamentary
democracy with executive power concentrated in the office of the prime minister, and
the formal head of state—the president—limited to acting on the advice of the prime
minister.10

The Constitution states that all laws are to conform with the injunctions of
Islam as laid down in the Quran and Sunnah.[The 1973 Constitution also created
certain institutions such as the Shariat Court and the Council of Islamic Ideology to
channel the interpretation and application of Islam]. Following sections examine the
essential features of the constitution as well s how they stood in the original
constitution and what shape they took following the amendments.

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 Keynote on the Constitution of 1973:

The constitution of Pakistan 1973 was enforced on 14th Aug 1973. It consists of
280 articles and 7 schedules with Objective Resolution forming the preamble of the
constitution beside 20 amendments which have been made since then.

The landmark accomplishment of Bhutto’s era as it was a unanimous act of the

parliament with complete consensus of all the political parties. However, many twists
and turns have been witnessed ever since its enforcement but still it is the supreme
law of land and the sacrosanct instrument which reigns supreme in governance of the
state.

The constitution 1956 and 1962 failed to provide the aspired political stability
to the country. Both proved short lived and were replaced with the martial laws in the
country. But the subsequent years after imposition of martial law were highly
tumultuous costing Pakistan its eastern wing. The leftover country was first governed
by a unique proposition of civilian Chief Martial administrator till the interim
constitution was adopted by the national assembly. The assembly constituted a
committee headed by Hafiz_ud_Din Pirzada to formulate the permanent constitution
for Pakistan. The committee did its work in shortest possible time and the national
assembly adopted the constitution on 10th April unanimously.

The constitution declared Pakistan an Islamic republic laying down condition for
head of state and head of the government to be Muslims. However, 8th amendment
has made the Objective Resolution a substantial part of the constitution by
incorporating it as article 2A according to which all laws made in Pakistan should be in
accordance with the injunctions of Quran and Sunnah. Its Islamic character is further
reinforced by accepting the sovereignty of Almighty Allah, Islam to be the state religion
and by promising the Muslims to enable them to order their lives in accordance with
the fundamental principles of Islam. It also provides a long list of fundamental rights as
well directive principles of state policy.

Besides, the constitution envisages a federation of Pakistan and affords a

parliamentary form of government leaving president with only ceremonious
functions. The federal legislature is bicameral i.e. senate the upper house and national
assembly the lower house. Moreover, the constitution provides an independent
judiciary, provincial autonomy to the federating units, a council of common interests,
a council of Islamic ideology etc. The subsequent voyage of the constitution however
was not smooth. It has been suspended or held in abeyance twice.

4
 Amendments made by military dictators have changed spirit of original
constitution. So far, 20 amendments have been made most of which have been
brought about not for the fulfillment of compulsions and needs of changing times
but to accomplish the selfish ends. This experimentation has achieved nothing but
instability in the country that has blocked the process of establishing and
strengthening the democratic system in Pakistan.11

Distinguish Features of 1973 Constitution;

 Written Constitution:
Pakistan 3rd constitution of 1973 is like its previous counterparts written in nature and
character. It is one of the lengthiest constitutions of the world, consisting of a
Preamble and 280 Articles, classified into 12 Chapters and 7 Schedules. Most of the
principles of the constitutional laws have been specified in the constitution to avoid all
possible ambiguities. Hence it is comprehensive and comparatively more detailed than
the previous ones.

 Objective Resolutions:

MR. LIAQUAT ALI KHAN’S SPEECH ON “OBJECTIVES RESOLUTION”

In moving the Motion on Aims and Objects, on the 7th March, 1949, the
Honorable Mr. Liaquat Ali Khan delivered the following speech :–

Mr. President, I beg to move the following Objectives Resolution embodying the main
principles on which the constitution of Pakistan is to be based:

“In the name of Allah, the Beneficent, the Merciful;

WHEREAS sovereignty over the entire universe belongs to God Almighty alone and
the authority which He has delegated to the State of Pakistan through its people for
being exercised within the limits prescribed by Him is a sacred trust;

This Constituent Assembly representing the people of Pakistan resolves to frame a

constitution for the sovereign independent State of Pakistan;

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WHEREIN the State shall exercise its powers and authority through the chosen
representatives of the people;

WHEREIN the principles of democracy, freedom, equality, tolerance and social justice
as enunciated by Islam shall be fully observed;

WHEREIN the Muslims shall be enable to order their lives in the individual and
collective spheres in accord with the teachings and requirements of Islam as set out
in the Holy Quran and the Sunnah ;

WHEREIN adequate provision shall be made for the minorities freely to profess and
practice their religions and develop their cultures;

WHEREBY the territories now included in or in accession with Pakistan and such other
territories as may hereafter be included in or accede to Pakistan shall form a
Federation wherein the units will be autonomous with such boundaries and
limitations on their powers and authority as may be prescribed ;

WHEREIN adequate provision shall be made to safeguard the legitimate interests of

minorities and backward and depressed classes;

WHEREIN the independence of the judiciary shall be fully secured;

WHEREIN the integrity of the territories of the Federation, its independence and all its
rights including its sovereign rights on land, sea and air shall be safeguarded; So that
the people of Pakistan may prosper and attain their rightful and honored place
amongst the nations of the World and make their full contribution towards
international peace and progress and happiness of humanity.”12

 Islamic System:
The 1973 Constitution of Pakistanis strictly based on Islamic ideology. Article-1 of the
constitution declares Pakistan to be an Islamic polity. The Muslims were advices to
implement the teachings of Quran and Sunnah in the daily life. Islam shall be the state
religion. Besides, the Council of Islamic Ideology it has been made obligatory for the
President and Prime Minister to be Muslim.
 Federal System :

Pakistan shall be a Federation consisting of the provinces of Sindh. Punjab, N.W.F.P

and Baluchistan. Powers of the Federation have been enumerated in the Federal
Legislative list part-I and II and residuary powers belong to the provinces Powers.

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common to both the federal and the provincial Governments have been enumerated
in the Concurrent List.

 Republic Form of Government:

According to the Constitution, Pakistan shall be an Islamic Republic. The Head of the
State shall be elected by the parliament in a joint sitting for a term of five years. He
may be re-elected for another

 Bicameral Legislature:
The Legislature will Bicameral. The Lower House is called the National Assembly
directly elected by the people on the basis of one man one vote for a term of 5 years.
The upper House is called the Senate elected by the Provincial Assemblies on the basis
of Proportional Representation. The National Assembly is subject to dissolution but not
the Senate.

 Method of Election :

Constitution of Pakistan 1973 has provided method of direct elections to elect

members of National Assembly and Provincial Assembly.13

 Fundamental Rights:
Fundamental Rights are secured in the constitution and are implemented through the
highest court. Special attention has been focused on the special dimensions of social
justice, for development of public betterment of the labor and elimination of the
economic status. As the political and religious freedom is an important element along
with the economic freedom. So, solid and comprehensive measures have been
ensured for the elimination of poverty and indigence. The extortion would also be
eliminated and public would also be provided commodities of on cheaper rates. The
discrimination between the poor and the rich would also be discouraged.14

 Judicial System:

An independent judiciary is given under the constitution. Supreme Court of Pakistan is

the highest court. One High Court is established in each province and one in Azad
Kashmir. A chain of lower courts is there under the high courts.

 Amendments of Constitution:
Amendments constitution can be amended only by 2/3 majority of member of national
assembly. The constitution has been amended 21 times till now.15

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 Islamic Provisions of 1973 Constitution:

 STATE RELIGION:

According to the constitution of Pakistan, Islam shall be the state religion of Pakistan.
and most significantly the name of Pakistan was declared as Islamic Republic of
Pakistan .

 OBSERVANCE OF ISLAMIC PRINCIPLE:

It is stated in the preamble of the constitution that principles of democracy,

opportunity, equity, tolerance and social justice, as articulated by Islam, might be
completely watched.

 PRESIDENT AND PRIME MINISTER TO BE MUSLIM:

It was made compulsory for the president and prime minister to be a Muslim by faith
and belief and to profess faith in the finality of prophet hood.

 DEFINITON OF MUSLIM:
Clear definition of Muslim is laid down in the constitution. According to this
constitution, it is necessary, besides having belief on oneness of Allah, prophet hood,
Day of Judgment and books of God, to prefer the finality of prophet hood. This clause
was not included in earlier two constitutions. The most significance provision that is
amended in this constitution is that, qadianis and ahmadies were declared as non-
muslims.16

 ISLAMIC WAY OF LIFE:

It is also declared in the constitution that State shall enable the Muslim of Pakistan,
independently and on the whole, to order their lives in accordance with the
fundamental principles and basic concept of Islam.

 PROVIOSN OF ISLAIMC TEACHING:

The government will take all possible steps to promote education of Islamiayt and the
Holy Quran.in this there was also a aim is amended that the Islamiat and Arabic will be
include in the syllabus of students from very first class to masters.

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 CORRECT AND EXACT PRINTING AND PUBLISHING OF HOLY QURAN:
The state shall be responsible to secure correct and exact printing and publishing of
the Holy Quran.

 LEARNING OF ARABIC LANGUAGE:

It is also declared in the constitution that special facilities shall be provided for the
learning of Arabic languages.

 PROTECTION OF ISLAMIC VALUES:

It is also stated in the constitution that Islamic values shall be protected in the country.
The core values of islam like, Ibadat, Aqaida, and other segment will be protected and
have legal assistance under the supervision of government. Gradually the curse of
usury would be eliminated. And social evils (prostitution, gambling, obscene literature,
and wine) would be banned through legislation to protect and implement the islamic
social and ideological values or teachings. President, prime minster, provincial
governor, member of parliament, and any public office holder will take oath to
promote the Islamic ideology, while taking oath of their offices.17

 PROTECTION OF MINORTIES:
The State might protect the real rights and interest of minorities. Any residence
citizens of Pakistan who have other religion then islam will have all basic rights like
other his fellow muslim citizens. And they will perform their worships and celebrate
their religious occasions without any type of resistance.

 STRENGTHENING BONDS WITH MUSLIM WORLD:

The State should attempt to protect and fortify fraternal relations among Muslim
countries based on Islamic unity. Brotherly and cordial relations would be established
on firm grounds to promote Islamic sentiments of brotherhood and harmony.

 PROPER ORGANIZATION OF ZAKAT, AUQAF AND MASJID:

The state shall Endeavour, as respects the Muslim of Pakistan secure the proper
organization of zakat, Auqaf and Masjid.

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 Comparison between Previous Constitutions.18

1956 Constitution 1962 Constitution 1973 Constitution

1. Enforced on 23 March 1. Enforced on June 8, 1962 1. Enforced on august 14,

1956 to October 7, 1958. to march 25, 1969. 1973 till now.

2. 234 articles and 6 2. 250 articles and 5 2. 280 articles and 12

schedules. schedules. schedules.

3. Written Constitution 3.Written Constitution 3.Written Constitution

4. Constitution of 1956 4. Constitution of 1962 4.Parliamentary form of

introduced parliamentary introduced presidential form Govt.
form of Govt. of Govt.

5. Constitution of 1956 5. Constitution of 1962 5. The Constitution of 1973

introduced no institution. introduced an institution has authorized President to
known as referendum in the hold Referendum on any
country. national issue.

6. Constitution of 1956 6. Constitution of 1962 6.Direct Method

introduced direct election. introduced indirect election
.

7.In the Constitution of 1956 7. Under the Constitution of 7. In the Constitution of 1973
the power were reasonable. 1962 president had great
the powers were reasonable.
power.

8. There was no institution 8. Constitution of 1962 8.Supreme Court

like Supreme Judicial council introduced a new institution ….....highest court.
in 1956 Constitution. supreme judicial council.

9. One house of parliament 9. Unicameral. ............ NA 9. Two houses named as

National assembly. Senate and National
assembly.

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 Conclusion:

The preceding survey of Pakistan’s constitution and the successive change

brought about in it may help to realize a few major pints. The most noticeable fact is
that the constitution has faced the challenges of survival, which has been threatened
many a time in the past. Once the constitution was abrogated and later it was held in
abeyance. Whenever the constitution was restored it was done so along with changes
and amendments. Which characteristically altered its earlier status? Therefore, what
we identify today as the constitution is drastically different from its shape when it was
adopted in 1973. Change in the constitution is not something which in itself can be
opposed.

A living constitution always responds to the changing conditions and the new
requirements of the society. It is this fact that has compelled even the most democratic
societies to adjust their constitution to their changing conditions. But in the case of
Pakistan the constitution was altered not as much for the sake of the society, or the
improvements of the country’s policy. As it was done to suit the interests of the
individuals and institutions, which happened to be in power. This has affected the
sanctity with mutually incoherent clauses.19

The Constitution provides the framework for the government. It gives provision
of the bodies that will make policies for the government. In fact, if we look at all the
provisions studied we will find that it gives the structure for the three branches of the
government i.e.:

1. Executive, 2. Legislative, 3. Judiciary,

It also provides for bodies like NEC and NFC, both of which are important bodies
for making decisions of national significance. The constitutional history of Pakistan is a
reflection of all the peculiarities and contradictions of its social, economic and political
development since independence for more than a quarter of the century. The struggle
over particular formulations in various drafts of the Constitution which went on in the
legislative bodies was often an expression of the clash between the vital interests of
the main social groups in Pakistan.20

The 1973 constitution enlisted the main principles of State Policy. Maximum
efforts were made to improve the character of this constitution. Like other
constitutions, 1973 constitution also provide principals for the protection, propagation
and enforcement of Islamic Ideology.

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 References:

1. KAMRAN HUSSAIN NIAZI, The Constitution of the Islamic Republic of Pakistan, Feb
28th, 2012, National Assembly of Pakistan, page no 01

2. KHAN JAVED AZIZ, FATA-KP Merge Finalized, May 28th, 2010, the News Internet.

3. ERIN MCKEAN, The New Oxford American Dictionary (Second Edition), 2005, Oxford
University Press, page no 2051

4. ROBERT MECH, Secretary of State for Transport, 2014, S2 Action Alliance Ltd, page
no 207

5. PYLEE M.V, India's Constitution, 1997, Chand & Co, page no 3.

6. HUSNAIN RIZWAN, The Oxford Encyclopedia of the Islamic World, 2005, Research
gate, page no 29

7. CHARLES, Islamization of Laws and Economy, Case Studies on Pakistan, 2009, page
no 17

8. KENNEDY, Institute of Policy Studies, 1996, The Islamic Foundation, page no 85

9. JAYSHREE BAJORIA, Backgrounder. Pakistan's Constitution, 7 November 2015,

Council on Foreign Relation, page no 15

10. DIAMUNTDIES MARINOS; GEARY ADAM, Islam, Law and Identity, 2011, Routledge,
page no 198.

11. IQBAL KHURSHEED, The Right to Development in International Law: The Case of
Pakistan, 2009, Rutledge,

12. SALMAN DAR , 2016, https://historypak.com/the-constitution-of-1973/,

13. WHOIS GUARD , 2014 , https://studylecturenotes.com/salient-features-of-1973-

constitution-of-pakistan/,

14. NAWAZ HUSSAIN, 2010, https://pakistanconstitutionlaw.com/liaquat-on-

objectives- resolution-2/,

15. WHOIS GUARD , 2014 , https://studylecturenotes.com/salient-features-of-1973-

constitution-of-pakistan/,

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16. FAKHER NAVEED, 2012, https://www.masscommunicationtalk.com/salient-
feature-of-the-1973-constitution-of-pakistan.html,

17. https://taimoorgondal.blogspot.com/,

18. https://www.slideshare.net/MalikSayriii/constitution-1973-islamic-republic-of-
pakistan2017- ppt,

19. https://www.slideshare.net/knowledge1995/constitutions-of-pakistan

20. http://thelawstudy.blogspot.com/2014/07/islmic- provision-of-constitution-

of.html,

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