Salient feature of the constitution of 1973
- 2. Presented by: Muhammad Ehsin Bushra Iram M.Phill Scholars (GCUF) Department of Public Administration
- 3. Background Constitution Making Salient features
- 4. » Abrogation of the 1962 Constitution on March 25, 1969 led to second martial law in the country. » Yahya Khan handed over power to Zulfikar Ali Bhutto on December 20, 1971 after the first general elections. » But martial law continued and there was no constitution. » National Assembly approved an Interim Constitution, which was enforced on April 21, 1972.
- 5. » Constitutional Committee comprising National Assembly (NA) members from all parties was set up in April 1972. » Law Minister was the Chairman of this Committee. » All parties agreed on the future political system in October 1972. » The new Constitution was enforced on August 14, 1973.
- 6. 1) Sovereignty of Allah » Sovereignty over the entire Universe belongs to Almighty Allah alone and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust; 2) Islam to be State religion » Islam shall be the State religion of Pakistan. The Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and Sunnah.
- 7. 3) The Republic and its territories » 1) Pakistan shall be Federal Republic to be known as the “Islamic Republic of Pakistan”, hereinafter referred to as Pakistan. » (2) The territories of Pakistan shall comprise:- » (a) The Provinces of Balochistan, the Khyber Pakhtunkhwa, the Punjab and Sindh; » (b) The Islamabad Capital Territory hereinafter referred to as the Federal Capital; » (c) The Federally Administered Tribal Areas; and » (d) Such States and territories as are or may be included in Pakistan, whether by accession or otherwise. » (3) Majlis-e-Shoora (Parliament) may by law admit into the Federation new States or areas on such terms and conditions as it thinks fit.
- 8. 4) Fundamental rights » Security of person » Prohibition of slavery and forced labor » Protection against retrospective punishment » Inviolability of dignity of man » Freedom of movement » Freedom of assembly » Freedom of association » Freedom of trade, business or profession » Freedom of speech » Right to information » Freedom to profess religion and to manage religious institutions » Equality of citizens » Right to education
- 9. 5) Parliamentary form of government » There shall be a Majlis-e-Shoora (Parliament) of Pakistan consisting of the President and two Houses to be known respectively as the National Assembly and the Senate. » The constitution of 1973 revives the parliamentary form of government in the country. The prime minister is the chief executive of the country. He is the leader of the national assembly. He is elected by the members of the national assembly. The prime minister selects a cabinet of central ministers from the member of the parliamentary which conducts the affair of the country.
- 10. 6) Parliament with two houses: National Assembly: » There shall be three hundred and forty-two seats for members in the National Assembly, including seats reserved for women and non-Muslims. » (2) A person shall be entitled to vote if- » (a) He is a citizen of Pakistan; » (b) He is not less than eighteen years of age; » (c) His name appears on the electoral roll; and » (d) He is not declared by a competent court to be of unsound mind.
- 11. The Senate: » The Senate shall consist of one hundred and four members. » (a) Fourteen shall be elected by the members of each Provincial Assembly; » (b) Eight shall be elected from the Federally Administered Tribal Areas » (c) Two on general seats, and one woman and one technocrat including aalim shall be elected from the Federal Capital » (d) Four women shall be elected by the members of each Provincial Assembly; » (e) Four technocrats including ulema shall be elected by the members of each Provincial Assembly; and » (f) Four non-Muslims, one from each Province, shall be elected by the members of each Provincial Assembly
- 12. 7)The President: » There shall be a President of Pakistan who shall be the Head of State and shall represent the unity of the Republic. » A person shall not be qualified for election as President unless he is a Muslim of not less than forty-five years of age and is qualified to be elected as member of the National Assembly. » The President shall be elected in accordance with the provisions of the Second Schedule by the members of an electoral college consisting of: » (a) The members of both Houses; and » (b) The members of the Provincial Assemblies. » The President shall hold office for a term of five years from the day he enters upon his office:
- 13. 8) Bicameral legislation » Under both the defunct constitution of 1956 and 1962, unicameral legislature was provided. But the 1973 constitution has introduced bicameral legislature, the upper house is called senate while the lower house is national assembly. 9) Federal system » The constitution of 1973 has provided a federal system of government in the country. The federal system consists of a central government and four provincial governments. The federal government is headed by a president who is elected by members of Electoral College consisting of members of both houses and the members of provincial assemblies.
- 14. 10) DISTRIBUTION OF LEGISLATIVE POWERS » Subject to the Constitution, Majlis-e-Shoora (Parliament) may make laws (including laws having extraterritorial operation ) for the whole or any part of Pakistan, and a Provincial » Assembly may make laws for the Province or any part thereof. » Majlis-e-Shoora (Parliament) and a Provincial Assembly shall have power to make laws with respect to criminal law, criminal procedure and evidence.
- 15. 11) ADMINISTRATIVE RELATION BETWEEN FEDRATION AND PROVINCES » The President may direct the Governor of any Province to discharge as his Agent. » The executive authority of every Province shall be so exercised as to secure compliance with Federal laws which apply in that Province. » It shall be the duty of the Federation to protect every Province against external aggression and internal disturbances and to ensure that the Government of every Province is carried on in accordance with the provisions of the Constitution.
- 16. 12) The JUDICATURE » There shall be a Supreme Court of Pakistan, a High Court for each Province and such other courts as may be established by law. » There shall be a Judicial Commission of Pakistan, hereinafter in this Article referred to as the Commission, for appointment of Judges of the Supreme Court, High Courts and the Federal Shariat Court, as hereinafter provided.
- 17. 13) CHIEF ELECTION COMMISSIONER AND ELECTION COMMISSION » There shall be a Chief Election Commissioner (in this Part referred to as the Commissioner), who shall be appointed by the President. » Before entering upon office, the Commissioner shall make before the Chief Justice of Pakistan oath in the form set-out in the Third Schedule. 14) Amendment of Constitution » The Constitution may be amended by Act of Majlis-e-Shoora (Parliament).
- 18. 15) Islamic Provisions » All existing laws shall be brought in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah, in this Part referred to as the Injunctions of Islam, and no law shall be enacted which is repugnant to such Injunctions. 16) Private armies forbidden » No private organization capable of functioning as a military organization shall be formed, and any such organization shall be illegal.
- 19. 17) National language » The National language of Pakistan is Urdu, and arrangements shall be made for its being used for official and other purposes within fifteen years from the commencing day. » The English language may be used for official purposes until arrangements are made for its replacement by Urdu. 18) Referendum » The constitution of 1973 provides that president is authorized to order for holding referendum on any issue of national importance. Similarly the prime minister can ask the president to hold referendum on any important national issue.