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Constitution of Pakistan
Created	April 10, 1974
Ratified	14 August 1973
Location	Islamabad
Author(s)	12th Parliament
Signatories	12th Parliament (unanimous)
Purpose	To replace the Articles of the 1962 Confederation and LFO Order No. 1970
Full text
Constitution of Pakistan at Wikisource

Template:Contains Urdu text The Constitution of the Islamic Republic of Pakistan (Urdu:آئین پاکستان) is the supreme law of the State of Pakistan. The Constitution is supreme document of Pakistan which identifies the state (its physical existence and its borders), people and their fundamental rights, state's constitutional law and orders, and also the constitutional structure and establishment of the institutions and the country's armed forces. The first three chapters establish the rules, mandate, and separate powers of the three branches of the government: a legislature, a bicameral Parliament; an executive branch governed by the Prime Minister as chief executive; and an apex federal judiciary head by Supreme Court. The Constitution lay the establishment of President of Pakistan who is the ceremonial figurehead (head of state) and its role is to represent the unity of the state.

Drafted by the government of Zulfikar Ali Bhutto, with an additionally assistance from the country's opposition parties, it was approved by the Parliament on April 10 and ratified on 14 August 1973. Unlike the previous legal documents of 1956 and 1962, the 1973 constitution cannot be changed; instead, constitutional amendments are added to it, altering its effect.

The first six articles of the constitution outlines the political system as federal parliamentary republic system; as well as Islam as its state religion. The Constitution guides Pakistan's law and its political culture, system and its physical existence. It has been amended over time, and most recent impulses for political upgrades and reforms has been amended. Although enforced in 1973, Pakistan, however, celebrates the adoption of the constitution on 23 March— when the first set was promulgated in 1956— each and every year as Republic Day.

Origins and historical background

Previous legislation as Source

The successful movement led the establishment of Pakistan, independent from British India in 1947. The British Empire partition the British India in two dominion: India and Pakistan.

The provisions of the Government of India Act, 1935, had greatly influenced the state and served its legal document until 1956. In 1950, Prime Minister Liaquat Ali Khan author the first annex that would paved a path in drafting of the Constitution. Elected in 1947, the first Constituent Assembly drafted and adopted its first constitution in 1956

1956 Constitution

Following the adoption of Constitution in India in 1950 invited Pakistan's lawmakers to work on their constitution. Prime Minister Muhammad Ali and his government officials worked with the opposition parties in the country to formulate a constitution for Pakistan.

Finally, the joint work led to the promulgation of the first set of the constitution on 23 March 1956– a day where Pakistan celebrates its Republic Day over the adoption of the Constitution. The Constitution provided for parliamentary form of government with a unicameral legislature. It officially adopted Pakistan as "Islamic Republic" and the principle of parity was introduced. Its features were:

• Islamic Republic of Pakistan - Official name of the country was adopted
• Objectives Resolution– The objective resolution was included as permeable by the constitution.
• System of government– Parliamentary with Prime Minister as head of government.
• Unicameral Legislature– Single house, only National Assembly that would consisted of 300 members; 150 members from each East and West Pakistan
• President– Required to be a Muslim and ceremonial head of state. In case of internal or external danger he could declare a state of emergency in the country.
• Islamic Law – No law would be passed against the teachings of the Quran and Sunnah.
• Independent Judiciary– The Supreme Court as an apex court– a final arbitrator of all the decisions.
• Fundamental Rights–included freedoms of movement, speech and, profession and profess religion, right to life, liberty, and property.
• Language–English, Urdu and Bengali were made national languages.

By the constitution, Iskander Mirza assumed the presidency but his constant involvement in national affairs, as oppose to Constitution, dismissed four elected Prime Ministers in mere two years. Under public pressure, President Iskander Mirza upheld the coup d'état in 1958; thus virtually suspending the constitution. Shortly afterwards General Ayub Khan deposed Iskandar and declared himself president.

1962 Constitution

General Ayub Khan appointed a Constitution Commission to draft another part of the constitution under Chief Justice Muhammad Shahabuddin. Submitted its considerations on 6 May 1961, Ayub Khan altered the entire version of the constitution which was entirely different from the one recommended by Chief Justice Muhammad Shahabuddin. It was promulgated on 8 June 1962. Main feature of this set was the introduction of the Presidential system and more consolidated powers to the President. No further changes were carried out to oppose the 1956 document. Its features includes:

• More powers to President of Pakistan.
• Strengthen of the Islamic Ideology Council.

1970 Legal Framework Order

President Ayub Khan invited Chief of Army Staff General Yahya Khan to enforce the martial law in country. On assuming the presidency, General Yahya Khan acceded to popular demands by abolishing the one-unit system in West Pakistan and ordered general elections on the principle of one man, one vote.

The military government and President Yahya himself made no efforts to frame a constitution, aside from issuing the extrajudicial order in 1970. In all over the country, the expectations were that a National Assembly would be set up by holding a free and fair election. In order to hold the proposed elections,President Yahya promulgated a Legal Framework Order on 30 March 1970 that also spelled out the fundamental principles of the proposed constitution and the structure and composition of the national and provincial assemblies.

In December 1970, a national-wide general elections were were held simultaneously for both the national and five provincial assemblies. The polling results turned were simply disastrous from the standpoint of national unity and demonstrated the failure of national integration. No party enjoyed the full confidence of the people of Pakistan. The nationalist Awami League secured the mandate of East Pakistan but failed to perform in four provinces of Pakistan. The socialist Pakistan People’s Party (PPP) under the leadership of Zulfikar Ali Bhutto gained mandate in the four provinces but failed in the East Pakistan. The general elections truly reflected the ugly political reality: the PPP mandate's in Pakistan and AL in East Pakistan.

1970 constitutional crises

Constitutional crises grew further when AL refused to make concessions over its six points to draft the constitution and instead maintaining that AL had was quiet competent to frame a constitution and to form a central government on its own.

The PPP was not willing to dilute the authority of the central government in spite of assuring full provincial autonomy for all the provinces of Pakistan. Negotiations on framing the work on constitution were held between January and March 1971 between leaders of PPP, AL, and the military government of Yahya Khan, which turned out to be a failure. Under the LFO, the President President was to decide when the National Assembly was to meet. By 13 February 1971, the President announced that the National Assembly was to meet at Dhaka on 3 March. By this time the differences between the main parties to the conflict had already crystallized. The East Pakistan Army which was operating more or less independently of Islamabad was committing human rights abuses and was making negotiations difficult. Over the six point issue, the PPP was convinced that a federation based on six point would lead to a feeble confederation in name only and was part of larger Indian plan to break up Pakistan. On 14 January, President Yahya announced Mujibur Rahman as the Prime Minister of Pakistan which prompted Zulfikar Ali Bhutto to boycott the National Assembly on 15 February. Talking to the news media, Mujibur Rahman strongly asserted that "Our stand is absolutely clear. The constitution will be framed on the basis of the six points"'.

Such announcement led the PPP to demand the removal of the National Assembly session or opening session be postponed. The PPP threatened to stage a large scale general strike in all over the country. Under pressured by PPP, President Yahya postponed the National Assembly session on 25 March which came as a shattering disillusionment to the AL and their supporters throughout East Pakistan. It was seen as a betrayal and as proof of the authorities of the West Pakistan to deny them the fruits of their electoral victory. This resulted in the outbreak of violence in East Pakistan. The Awami League launched a non-cooperation movement and virtually they controlled the entire province. Due to disturbances in East Pakistan, no National Assembly session was called and the military moved in East Pakistan to control the situation. The civil disobedience movement turned into armed liberation movement backed by the India.

With India successfully intervening in the conflict, the Pakistan military surrender to the Indian military and almost over ~93,000 military personnel were taken as prisoners of war on 16 December 1971. Demoralized and finding himself unable to control the situation, General Yahya Khan retired. Bhutto who was sworn in on 20 December 1971 as President and as the (first civilian) Chief Martial Law Administrator.

Constitutional convention

As Pakistan surrendered to India and Bangladesh being formed in 1971, The PPP formed the government and partially enacted the 1962 constitution. President Zulfikar Ali Bhutto called for the constitutional convention and invited the leaders of the all political parties to meet him on 17 April 1972. Leaders and constitutional experts of the Islamic political parties, conservative parties, socialists and communist parties were delegated to attend the constitutional convention in 1972.

Drafting and enactment

After gaining power, Zulfiqar Ali Bhutto invited the leaders of the parliamentary parties to meet him on 17 April 1972, which resulted in an agreement known as the 'Constitutional Accord', after an intensive discussion. As per consultations floated by PPP, the National Assembly of Pakistan appointed a committee, of 25 members, on 17 October 1972, to prepare a draft of the permanent Constitution of Pakistan. Mahmud Ali Kasuri was the elected chairman of the Committee. On 20 October 1972, the draft bill for the Constitution of Pakistan was signed by leaders of all parliamentary groups in the National Assembly. A bill to provide a constitution for the Islamic Republic of Pakistan was introduced in the Assembly on 2 February 1973. The Assembly passed the bill nearly unanimously on 19 April 1973 and endorsed by the acting President Zulfikar Ali Bhutto on 12 April 1973. The Constitution came into effect from 14 August 1973. On the same day, Bhutto took over as the Prime Minister and Choudhary Fazal-e-Elahi as the President of Pakistan.

Provisions

This constitution represented a compromise consensus on three issues: the role of Islam, the sharing of power between the federal government and the provinces, and the division of responsibilities between the President and the Prime Minister, with a greatly strengthened position for the latter.

The Constitution provided for a federal system. The Federal Legislature is to function like the British Parliament. In order to allay the concerns of the provinces concerning the equitable distribution of legislative power, the constitution established a bicameral legislature with a Senate (the upper house), providing equal provincial representation, and a National Assembly (the lower house), allocating seats according to population.

Islam was declared the state religion. The Constitution stated Pakistan's official name as the Islamic Republic of Pakistan. Only a Muslim could become the President or the Prime Minister of Pakistan. No law repugnant to Islam shall be enacted and the present laws shall also be Islamised.

The President must be a Muslim not less than 45 years of age, elected by members of Parliament. He is to hold office for a term of five years. The President could be removed by the resolution of parliament of not less than two thirds of the total membership. The President could issue ordinances when the Parliament is not in session. The President has the power of granting pardon and the right to be kept informed by the Prime Minister on all matters of internal and foreign policies.

The Constitution sets forth the parliamentary system of Government. The head of the Government, according to the Constitution, will be the Prime Minister. The Prime Minister and his Cabinet is accountable to the National Assembly for his actions. The Prime Minister would be elected by the majority of the National Assembly.

The Constitution of 1973 introduced a new institution known as the 'Council of Common Interests' consisting of Chief Ministers of the provinces and an equal number of Ministers of the Federal Government nominated by the Prime Minister. The Council could formulate and regulate the policy in the Part II of the Legislative List. In case of complaint of interference in water supply by any province the Council would look into the complaint.

Another major innovation in the Constitution of 1973 is the establishment of a National Finance Commission (NFC) consisting of the Federal and Provincial Finance Ministers and other members to advice on distribution of revenues between the federation and the provinces.

The Principles of Policy includes Islamic way of life, promotion of Local Government institutions, full participation of women in national life, protection of minorities, promotion of social and economic well being of the people, and strengthening the bonds with the Muslim world and to work for international peace.

Under the 1973 Constitution, Fundamental Rights include security of person, safeguards as to arrest and detention, prohibition of slavery and forced labour, freedom of movement, freedom of association, freedom of speech, freedom to profess religion and safeguards to religious institutions, non-discrimination in respect of access to public places and in service, preservation of languages, script and culture. The judiciary enjoys full supremacy over the other organs of the state.

Urdu is the national language.

Islamic provisions

• The name 'Islamic Republic of Pakistan' is selected for the state of Pakistan.
• Islam is declared as the state religion of Pakistan.
• Steps shall be taken to enable the Muslims of Pakistan, individually or collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam.
• Steps shall be taken to make the teaching of the Qur'an and Islamiyat compulsory, to encourage and facilitate the learning of Arabic language and to secure correct and exact printing and publishing of the Qur'an.
• Proper organisation of Zakat, waqf and mosques is ensured.
• The state shall prevent prostitution, gambling and consumption of alcohol, printing, publication, circulation and display of obscene literature and advertisements.
• Only a Muslim could be qualified for election as President (male or female) and Prime Minister (male or female). No restriction as to religion or gender on any other post, up to and including provincial governor and Chief Minister.
• All existing laws shall be brought in conformity with the injunctions of Islam as laid down in the Qur'an and Sunnah and no law shall be enacted which is repugnant to such injunctions.
• A Council of Islamic Ideology shall be constituted referred to as the Islamic Council. The functions of the Islamic Council shall be to make recommendations to Parliament and the Provincial Assemblies about the ways and means of enabling and encouraging the Muslims of Pakistan to order their lives in accordance with the principles of Islam.
• The President or the Governor of a province may, or if two fifths of its total membership so requires, a House or a Provincial Assembly shall, refer to the Islamic Council for advice on any question as to whether a proposed law is or is not repugnant to the injunctions of Islam.
• For the first time, the Constitution of Pakistan gave definition of a Muslim which states: 'Muslim' means a person who believes in the unity and oneness of Allah, in the absolute and unqualified finality of the Prophethood of the Islamic prophet, Muhammad, and does not believe in, or recognise as a prophet or religious reformer, any person who claimed or claims to be a prophet, in any sense of the word or of any description whatsoever, after Muhammad.
• The state shall endeavor to strengthen the bonds of unity among Muslim countries.
• The Second Amendment (wef 17 September 1974) of the 1973 Constitution declared for the first time the Ahmadiyya Community or the Lahore Ahmadiyya Movement for the Propagation of Islam (Lahoris) as non-Muslims, and their leader, Mirza Ghulam Ahmad, who claimed to be prophet of God, to which mainstream Muslims do not agree with.

Comparison with previous constitutions

With regard to provincial rights the 1973 constitution was in fact the most centralised of Pakistan's various constitutions. The Government of India Act of 1935, which Pakistan adopted as its first working constitution, granted the federal government 96 items of power. The 1956 constitution reduced that number to 49, and this was retained in the 1962 constitution. In 1973, however, it was then enlarged to 114.

Amendments

As of 2012, there have been 20 amendments to the constitution. A number, such as the Eighth of 1985, which changed the government from a parliamentary system to a semi-presidential system, served to expand the powers of the executive at the expense of parliament and the courts. The Eighteenth passed in 2010, was the first to reduce presidential powers, returning the government to a parliamentary republic and also defining any attempt to subvert, abrogate, or suspend the constitution as an act of high treason.

Preamble

Whereas 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;

And whereas it is the will of the people of Pakistan to establish an order :-

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 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;

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

Wherein 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;

Therein shall be guaranteed fundamental rights, including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality;

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 honoured place amongst the nations of the World and make their full contribution towards international peace and progress and happiness of humanity :

Now, therefore, we, the people of Pakistan,

Cognisant of our responsibility before Almighty Allah and men;

Cognisant of the sacrifices made by the people in the cause of Pakistan;

Faithful to the declaration made by the Founder of Pakistan, Quaid-i-Azam Mohammad Ali Jinnah, that Pakistan would be a democratic State based on Islamic principles of social justice;

Dedicated to the preservation of democracy achieved by the unremitting struggle of the people against oppression and tyranny;

Inspired by the resolve to protect our national and political unity and solidarity by creating an egalitarian society through a new order;

Do hereby, through our representatives in the National Assembly, adopt, enact and give to ourselves, this Constitution.

See also

• Constitutional economics
• Constitutionalism
• History of Pakistan
• Khan Amirzadah Khan
• Politics of Pakistan

References

1. Abiad, Nisrine (2008). Sharia, Muslim states and international human rights treaty obligations : a comparative study. London: British Institute of International and Comparative Law. pp. 96–200. ISBN 978-1-905221-41-7.
2. ^ Constitution of Pakistan. "Constitution of Pakistan". Constitution of Pakistan. Constitution of Pakistan. Retrieved 22 January 2013.
3. "Part III. The Federation of Pakistan: Chapter 1; The President". Const. of Pakistan. Const. of Pakistan. Retrieved 22 January 2013.
4. Enterprise Team (Jun 1, 2003). "The Constitution of 1973`". The Story of Pakistan. The Story of Pakistan. Retrieved 2011-10-15.
5. Iftikhar A. Khan (24 June 2012). "Parliament can't make laws repugnant to Constitution: CJ". Dawn News. Retrieved 23 January 2013.
6. "First Six Articles".
7. "Constitutional history of Pakistan". National Assembly of Pakistan press. Retrieved 1 June 2014. {{cite web}}: Explicit use of et al. in: |last1= (help)
8. ^ others contribution; et al. "The Constitution of 1956". Story of Pakistan. Nazaria-e-Pakistan, part I. Retrieved 1 June 2014. {{cite web}}: Explicit use of et al. in: |first1= (help)
9. The First Martial Law
10. ^ "The Constitution of 1962". Story of Pakistan. Nazaria-e-Pakistan, Part II. Retrieved 1 June 2014. {{cite web}}: Explicit use of et al. in: |last1= (help)CS1 maint: ref duplicates default (link)
11. This was the system that had merged all the provinces of West Pakistan into one unit. General Yahya restored autonomy of the old provinces of Sindh, the Punjab, and the North West Frontier Province and created the new province of Baluchistan.
12. ^ Ghazali, Abdus Sattar (14 August 1999). "Chapter V:The Second Martial Law". Islamic Pakistan: Illusions and Reality. Lahore, Punjab: University of Punjab Press. Retrieved 1 June 2014.
13. ^ Ghazali, Abdus Sattar. "Chapter VII : The Third Islamic Republic". Islamic Pakistan (html). Punjab University Press, Chapter 7. Retrieved 2 June 2014.
14. "Constitution of Pakistan". Story of Pakistan. Nazaria-e-Pakistan, Part IV. Retrieved 2 June 2014. {{cite web}}: Explicit use of et al. in: |last1= (help)CS1 maint: ref duplicates default (link)
15. http://www.badassoftheweek.com/musa.html
16. The Constitution of Pakistan
17. Part IX: Islamic Provisions

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  – Pakistan.
• Fundamental Rights.
• Constitution of Islamic Republic of Pakistan.
• Text of the Constitution of Pakistan.

External links

• Full text of the 1973 Constitution of Pakistan
• The Constitution of Pakistan, as amended, up to and including the 18th century
• Laws & Order, 2002 (Updated Version)

amendment]

v t e Constitution of Pakistan
By year	1935 1956 1962 1973 Annex (written 1949, incorporated 1985)
Amendments	I II III IV V VI VII VIII X XII XIII XIV XVI XVII XVIII XIX XX XXI XXII XXIII XXIV XXV XXVI
Failed Amendments	IX XI XV XXV XXVI XXVII XXVIII XXIX XXX
Orders	Legal Framework Order, 1970 Legal Framework Order, 2002 Provisional Constitutional Order
* Not passed

• 1973 in law
• Constitution of Pakistan
• Pakistani philosophical literature