Salient feature of 1973 constitution of Pakistan Constitution is the set of law and principals that determines the nature, functions and limits of the government and other institutions.

1. 4/5/2018
SALIENT FEATURES OF 1973 CONSTITUTION
OF PAKISTAN
(CONSTITUTION LAW PAKISTAN)
NAME: - IHSAN ULLAH
ROLL NO. 11
LL.B. 5 YEARS
ASSIGNMENT ON: - SALIENT FEATURE OF
CONSTITUTION 1973 PAKISTAN
SUBJECT: - CONSTITUTIONAL LAW PAKISTAN
SUBMITTED TO: - MADAM SALMA NAWAZ

2. Table of Contents
CONSTITUTION ................................................................................... 2
INTRODUCTION .................................................................................. 2
CONSTITUTION OF PAKISTAN..................................................... 2
DRAFTING AND ENACTMENT ...................................................... 2
FOCUSED ISSUES: .............................................................................. 3
OUTLINE................................................................................................. 3
SALIENT FEATURES OF CONSTITUTION............................... 3
AMENDMENTS OF CONSTITUTION............................................7
CRITICAL ANALYSIS...........................................................................7
ISLAMIC PROVISIONS OF 1973 CONSTITUTION..................8
CONCLUSION ........................................................................................ 9

3. CONSTITUTION
Constitution is the set of law and principals that determines the nature, functions and limits of the
government and other institutions.
INTRODUCTION
The constitution of 1973 of Pakistan was adopted on April 12, 1973. This constitution fully
represent the ideology and democratic aspiration of the people of Pakistan and constitution is the
supreme law of the land it is considered as an instrument by which a gov't can be run. It replaces
the basic laws of the state. It determines the traits of the federal and provincial gov't is constitution
is federal cum parliamentary in its characteristics.
CONSTITUTION OF PAKISTAN
One of the most uphill task for the newly created Pakistan was the framing of its comprehensive
Constitution. Quaid-e-Azam with his vast and strong background of handling legal matters took
up this problem with urgency however gravity of other issues compelled him to pay his attention
to other matters which delayed this important process of constitution making. So then Both India
and Pakistan at their birth adopted Government of India Act of 1935 with essential amendments
as the interim constitution i.e. Parliamentary and Federal in nature. (Duration: approx. 7 years)
The country's first constitution was approved in 1956 but abrogated in 1958 after a military marshal
law, General Ayub Khan wanted to introduce a controlled and limited democracy as he believed
that western style democracy did not suit Pakistan. Therefore he introduced the constitution of1962
on 1st March thereby abrogating the previous
DRAFTING AND ENACTMENT
After the resignation of General Ayub Khan and gaining power, of Zulfikar Ali Bhutto A new
constitution was approved on 14th
august 1973 with overwhelming majority under the office of the
Prime Minister, Z.A.Bhutto. This Constitution of Pakistan is the supreme law of Pakistan
containing 12parts and 280 articles, and is the successor of two earlier documents, the Constitution
of 1956and the Constitution of 1962.Z.A Bhutto invited the leaders of the parliamentary parties to
meet him on 17 October 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 April 1972, to prepare a draft of the
permanent Constitution of Pakistan. Mohammad Ali Kasuri was the elected chairman of the
Committee. On 20October 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 2February 1973. The
Assembly passed the bill unanimously on19 April 1973 and endorsed by the acting President
Zulfikar Ali Bhutto on 12 April 1973. The Constitution came into effect from14 August 1973. On
the same day, Bhutto took over as the Prime Minister and Choudhary Fazal-e-Elahi as the President

4. FOCUSED ISSUES:
This constitution represented a compromise consensus on three issues:
1. The role of Islam.
2. The sharing of power between the federal government and the provinces.
3. The division of responsibilities between the President and the Prime Minister, with a greatly
strengthened position for the latter.
OUTLINE
 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.
 Proper organization of Zakat, Auqaf and Mosques is ensured.
 Only a Muslim could be qualified for election as President (male only) 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.
SALIENT FEATURES OF CONSTITUTION
The Constitution of 1973 is strikingly different from the earlier Constitution of 1956 and 1962. It
has the following salient features:
 Preamble
Preamble means an introductory part of statue; it is not the part of the constitution. It is stated in it
than sovereignty over entire universe belongs to Almighty Allah.
 Written Constitution
Written document, very comprehensive and consists of twelve parts.
Like the previous constitutions of 1956 and 1962 the Constitution of 1973 is a written document.
It is very comprehensive and consists of twelve parts consisting of 280 articles.
 Introductory and the Objectives Resolution
It commences with an introductory which slates the Islam shall be state religion. The principles
and provisions set out in the Objectives Resolution have been made substantive part of the
constitution. The principles and provisions set out in the Objectives Resolution have been made
substantive part of the constitution with introductory that “Islam shall be state religion”
 Equal rights of Women:
The constitution of 1973 has given equal to women.

5.  Provincial autonomy:
The provinces of Pakistan enjoy full freedom under 1973 constitution. A province may initiate
legislation on any common subject.
 System of Check and Balance:
The constitution of 1973 provides system of check and balance in the country.
 End of Exploitation:
Exploitation of any kind has been abrogated in the constitution of 1973.
 Islamic System
The inclusion of Islamic Provisions ensures an Islamic system in the country. The inclusion of
Islamic Provisions has given the 1973 Constitution an unprecedented Islamic character. It ensures
an Islamic system in the country
 Rigid Constitution
It is not easy to make amendments in it. Two-third majority of both the Houses is required for this
purpose. It is a rigid constitution. No government can change it at will. It is not easy to make
amendments in it. Two-third majority of both the houses is required for this purpose.
 Federal system
A Federal System was introduced with a central and provincial governments. The Constitution of
1973 has introduced a Federal system in the country.
The federation of Pakistan consists of a Central Government and four
Provincial Governments. The Federal Government is headed by a President elected by members
of Majlis-e-Shoora (Parliament).
 Parliamentary form of Government
The 1973 Constitution proposes a Parliamentary form of Government in the country. Prime
minister is the head of the Parliamentary system. He is leader of the Majlis-e-Shoora
(Parliamentary). He is elected on direct adult franchise basis. The Prime Minister selects a cabinet
of central ministers from the members of Parliament which conducts the affairs of the country.
According to 1973 Constitution the Prime Minister enjoys wide powers.
 Bicameral Legislature
The Majlis-e-Shoora (Parliament) consists of two Houses named Senate (63 members) and
National Assembly (200 members). The constitution provides for the establishment of a bicameral
legislature in Pakistan. The majlis-e-shoora (parliament) consists of two houses named senate and
national assembly. The senate or the upper house consists of 63 members (the 8th amendment has

6. raised this number to 87). The national assembly consists of 200 members (now this number has
been raised to 207). The majlis-e-shoora enjoys wide powers of legislature.
 Method of Election
Direct Method of Election
The Constitution of 1973 gives a direct method of election. The members of the National
Assembly, the Provincial Assemblies are directly elected by the people.
The members of the National Assembly, the provincial Assemblies are directly elected by the
people.
 Fundamental Rights
The 1973 Constitution ensures the following fundamental rights to the citizens of Pakistan.
 Security of person Safeguard against unlawful arrest and detention
 Prohibition of slavery and forced labor
 Freedom of movement
 Freedom of assembly
 Freedom of association
 Freedom of business
 Freedom of speech
 Freedom of profess religion
 Right to hold property
 Equality before law
 Right to preserve language, script and culture
 Safeguard against discrimination in services.
 Principles of Policy
The Constitution of 1973 has set the following principles of policy:
 Local electoral bodies will be set up for solving local problems.
 The parochial and other prejudices shall be discouraged.
 The women shall be given full representation in all spheres of national life.
 Social justice shall be promoted.
 Bonds with Muslim world shall be strengthened.
 Referendum
The Constitution of 1973 has authorized the President to hold referendum on any national issue.
Similarly the Prime Minister can ask the President to hold referendum on any important national
issue. The Constitution of 1973 has authorized the President to hold Referendum on any national
issue. Similarly the Prime Minister can ask the President to hold referendum on any important
national issue

7.  Independence of Judiciary
The Constitution of 1973 stresses upon the establishment of an independent judiciary. Full job
security has been provided. The judges are appointed by the President. They cannot be removed
from service before the end of their term except on the recommendation of the Supreme Judicial
Council. In addition the Judges are paid respectable salaries.
The Constitution of 1973 stresses upon the establishment of an independent judiciary. Full job
security has been provided.
 National Language
The 1973 Constitution has declared Urdu as the national language of
Pakistan. However English has been retained as the official language for 15 years. Similarly
regional languages have been provided full protection.
 Pakistan to be a Welfare State
The Constitution reflects the spirit of a Welfare State. It provides that •illiteracy shall be removed;
educational and economic interests of backward classes and areas shall be promoted; just and
human conditions of work shall be provided; prostitution, gambling and consumption of alcoholic
liquor shall be prohibited and well-being of the people, irrespective of caste, sex, creed or race will
be secured by raising their standard of living. Basic necessities of life like food, housing, clothing,
education, and medical relief shall be provided to the citizens who are permanently or temporarily
unable to earn their livelihood.
 Single Citizenship
The Constitution of 1973 has established the principles of single citizenship.
According to this principle the rights and duties of the citizens are determined by the Federal
Constitution only. Thus the people throughout
Pakistan are citizens of Pakistan.
 Rule of Law
The 1973 Constitution establishes rule of law in Pakistan. According to rule of law no person can
be deprived of his fundamental rights.
All the citizens of Pakistan are equal before law.
 High Treason
According to the Constitution of 1973 the act of unconstitutional abrogation of the Constitution
has been declared as an act of High Treason.
 Rights of Minorities

8. Rights of Minorities have been protected in the 1973 constitution.
 Final Analysis
To conclude that the 1973 constitution of Islamic Republic of Pakistan is a democratic state,
parliamentary with bicameral legislature in its nature. It is the constitution of elected people. All
major political parties of Pakistan unanimously accepted it. Minorities also have safeguard and
fundamental rights in such constitution.
AMENDMENTS OF CONSTITUTION
Amendment Constitution Can Be Amended Only By 2/3 Majority Of Members Of National
Assembly. The Constitution Has Been Amended 21 Times Till Now.
Some of these amendments especially the 8th and the 17th amended several articles. There has
been some lately of a return to the original constitution.
o First 7 Amendment Passed by Parliament in Bhutto Period)
o 8th , 9th & 10th Amendment Passed under Zia Period)
o Other Amendments Passed with the passage of time)
 Third Amendment (1975)
 Fourth Amendment (1975)
 Fifth Amendment (1976)
 Sixth Amendment (1976)
 Seventh Amendment (1977)
 Eighth Amendment (1985)- validates amendments made by Gen. Zia-ul-Haq
 Tenth Amendment (1987)
 Twelfth Amendment (1991)
 Thirteenth Amendment (1997)
 Fourteenth Amendment (1997)
 Fifteenth Amendment (1998)
 Sixteenth Amendment (1999)
 Seventeenth Amendment (2002)
CRITICAL ANALYSIS
In light of the previous experience, the Constitution of 1973 was more Islamic in character than
the previous ones. Emphasis was made to establish a real Islamic system in all aspects of social
life. Keeping this objective in mind, more Islamic provisions were laid down in the Constitution
of 1973. The Constitution recognized Islam as the religion of the country and enjoined upon the
State to serve the cause of Islam and to bring all existing laws in conformity with Islam. The
Islamic Advisory Council was set up to recommend ways and means to bring existing laws of the
country in conformity with the Islamic principles.
The Constitution of 1973 remained in force for nearly four years. It was, however, suspended by
General Muhammad Zia-ul-Haq, who imposed Martial Law in the country on July 5, 1979.
However, General Muhammad Zia-ul-Haq who ran the country with Martial Law passed the

9. Eighth Amendment in the Constitution in 1985. This Amendment empowered the President to
dissolve the National Assembly under Article 58(2) b. This Article was later repealed by the
Parliament during Nawaz Sharif's era through Thirteenth Amendment introduced on April 1, 1997.
The Thirteenth Amendment was in turn repealed by the Legal Framework Order of 2002, which
effectively restored the discretionary powers of the President enacted by the Eighth Amendment.
ISLAMIC PROVISIONS OF 1973 CONSTITUTION
The following are the Islamic provisions of 1973 constitution based on the principles of Holy
Quran and Sunnah.
1. Islamic Republic of Pakistan
Pakistan shall be known as "Islamic Republic of Pakistan".
2. State Religion
Islam shall be the state religion of Pakistan.
3. Sovereignty Belongs to Allah
Sovereignty over the entire Universe belongs to Almighty Allah and the authority bestowed by
him on men is a sacred trust which the people of Pakistan will exercise with the limits prescribed
by Quran and Sunnah.
4. Definition of a Muslim
The constitution also gives the definition of a Muslim. A person who believes in Tauheed or
Oneness of Allah, and in the prophet hood of Hazrat Mohammad (P.B.U.H) as the last prophet of
Allah has described as a Muslim.
5. A Muslim to be a President and Prime Minister
The constitution laid down that only Muslims shall be elected president and Prime Minister of
Pakistan. On non-Muslim could hold these offices.
6. Islamic way of life
Steps shall be given to enable the Muslims of Pakistan to order their lives in accordance with the
fundamental principles and basic concepts of Islam.
7. Promotion of Social Justice and Eradication of Social Evils
The State shall take necessary steps for prosecution of social justice and eradication of social evils
and shall prevent prostitution, gambling and taking of injurious drugs, printing, publication,
circulation and display of obscene literature and advertisements.
8. Teachings of Holy Quran
The state shall try to make the teachings of Holy Quran and Islamiat compulsory to encourage and
facilitate the learning of Arabic language.

10. 9. Strengthen Bond, with Muslim World
The state shall endeavor to strengthen fraternal relations among Muslim countries in order to
promote Islamic unity.
10.Council of Islamic Ideology
There is a council of Islamic Ideology which shall guide the government in respect of Islamic
teachings, their implementation and propagation. Its chairman and members are appointed by
President. Although its advice is not binding on the government yet it is not easy for any
government to ignore or over rule its suggestion or opinion regarding any law.
11.Error Free Publication of Quran
The government shall endeavor to secure correct and exact printing and publishing of the Holy
Quran.
12.Oath to Project and Promote Islamic Ideology
The federal and Provincial Ministers, the Speaker and Deputy Speaker of the National and
Provincial Assemblies, the chairman of the Senate and the Governors and Chief Ministers of the
Provinces also take oath to preserve and protect the Islamic Ideology.
13.Ahmadi's A Non-Muslim Minority
According to the second amendment of 1973 constitution, the Qadiani group or the Lahori group
who call themselves "Ahmadi’s” were declared as Non-Muslim minority.
CONCLUSION
To conclude that the 1973 constitution of Islamic Republic of Pakistan is a democratic state,
parliamentary with bicameral legislature in its nature. It is the constitution of elected people. All
major political parties of Pakistan unanimously accepted it. Minorities also have safeguard and
fundamental rights in such constitution. 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. Maximum Efforts Were Made To
Improve The Character Of This Constitution. Like Other Constitutions, 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.