Constitution of Pakistan

Pakistan

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The Constitution of the Islamic Republic of Pakistan (Urdu: ‫ ) آئین پاکستان‬is the supreme law of
Pakistan. It is also known as the Constitution of 1973, and is the successor to two earlier
documents, the Constitution of 1956 and the Constitution of 1962.
Pakistan's constitution provides for a parliamentary system of government with the President of
Pakistan as head of state and a popularly elected Prime Minister as head of government. Pakistan
has a bicameral legislature that consists of the Senate (upper house) and the National Assembly
(lower house). Together with the President, the Senate and National Assembly make up a body
called the Majlis-e-Shoora (Council of Advisors) or Parliament[1].
Contents
• 1 Origins
○ 1.1 Previous constitutions
○ 1.2 1969-1973
• 2 Drafting and enactment
• 3 18th Amendment
• 4 Provisions
○ 4.1 Islamic provisions
○ 4.2 Comparision with previous constitutions
• 5 Preamble
• 6 References
• 7 See also
• 8 External links

Origins
Previous constitutions
Pakistan became an independent state in 1947. The first document that served as a constitution
for Pakistan was the Government of India Act, 1935. The first Pakistani Constituent Assembly
was elected in 1947 and after nine years adopted the first indigenous constitution, the short-lived
Constitution of 1956.
In October 1958, President Iskander Mirza staged a coup d'état and abrogated the constitution.
Shortly afterwards General Ayub Khan deposed Iskandar and declared himself president[2]. In
1960 Ayub Khan appointed a commission to draft a new constitution. The new Constitution of
1962 was decreed by President Ayub in March of that year. On 25 March 1969 the Second
Martial Law was imposed; President Ayub Khan abrogated the 1962 constitution and handed
over power to the Army Commander-in-Chief, General Agha Mohammad Yahya Khan.
1969-1973
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.[3]
General Yahya's regime made no attempt to frame a constitution. The expectations were that a
new constituent assembly would be set up by holding a free and fair election. In order to hold the
proposed elections, President Yahya Khan 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.[3]
In December, 1970 elections were held simultaneously for both the national and five provincial
assemblies. By any criteria, elections were free and fair. There was no interference from the
government; it maintained strict neutrality showing no favor or discrimination for or against any
political parties. The members of the ruling council of ministers were debarred from participation
in the elections. There were no allegations of rigging of the elections as is often alleged in
elections held in the countries of the Third World.[3]
But the results of the first and the last general elections in united Pakistan were simply disastrous
from the standpoint of national unity and demonstrated the failure of national integration. There
was not a single national party in the country which enjoyed the confidence of the people of
Pakistan, both East and West Pakistan. Two regional parties -- the Awami League (AL) under
the leadership of Sheikh Mujibur Rahman in East Pakistan -- won 160 out of 162 seats allotted
for East Pakistan. But in West Pakistan it could not secure a single seat and the percentage of
votes secured by the Awami League in the four provinces of West Pakistan were: 0.07 (Punjab),
0.07 (Sindh) 0.2 (North-West Frontier Province (NWFP)) and 1.0 (Baluchistan).[3]
The Pakistan Peoples Party (PPP) under the leadership of Zulfikar Ali Bhutto won 88 out of 144
seats for West Pakistan. But the PPP did not even dare to set up a candidate in East Pakistan. The
remaining 57 seats of West Pakistan were shared by seven parties and there were fifteen
independent candidates. The PPP emerged as the single largest party in West Pakistan with
majorities in Sindh and the Punjab; and the National Awami Party (NAP) together with their
political ally, Jamiat-ul Ulema-i-Islam (of Maulana Mufti Mahmood) JUI, got clear majorities in
Baluchistan and the NWFP. None of the West Pakistani political parties, like the PPP, could win
a single seat in East Pakistan. The religious question played little or no part in the elections.
There can be no doubt that in East Pakistan the principles which won the consensus of opinion
was the single basic notion of autonomy.[3]
The Awami League had fought the elections on the basis of their six points formula, which
committed them to restructure the existing federal system in order to ensure maximum political
autonomy for East Pakistan. Under this formula, only two portfolios -- Ministry of Foreign
Affairs and Defence -- would be retained by the central government. The PPP, on the other hand,
was not willing to dilute the authority of the central government in-spite of assuring full
provincial autonomy for all the provinces of Pakistan. The NAP and JUI coalition sided with the
AL so that they might obtain maximum autonomy for their own provinces, i.e., Baluchistan and
the NWFP.[3]
The election results truly reflected the ugly political reality: the division of the Pakistani
electorate along regional lines and political polarization of the country between the two wings,
East and West Pakistan. In political terms, therefore, Pakistan as a nation stood divided as a
result of the very first general elections in twenty-three years of its existence.[3]
Thus the general elections of 1970 produced a new political configuration with three distinct
centres of power:(i) the AL in East Pakistan: (ii) the PPP in Sindh and the Punjab; and (iii) the
NAP-JUI in Baluchistan and the NWFP. At the top of all this was the fourth centre of power, the
armed forces with their spokesman, Yahya Khan.[3]
There were two major claimants of power: Sheikh Mujibur Rahman and Zulfikar Ali Bhutto.
According to G. W. Chowdhury in his book 'The Last Days of United Pakistan', "both (the
leaders) flourished on negative appeals to the illiterate voters of Pakistan, one by whipping up
regional feeling against Punjabi domination and the other by whipping up militant national
feelings against India. Neither had any constructive or positive approach."[3] Mujib was
apparently more interested in creating a separate state for Bengalis, Bangladesh since he had no
trust in the ruling elite of West Pakistan.
On the other hand, Bhutto was more interested in getting power, no matter whether in a united or
divided Pakistan. In fact he realized that in a united Pakistan, he had little chance of becoming
either prime minister or president. According to G. W. Choudhury, "he realized from his
discussions with Bhutto before and after the 1970 elections that if he had to make a choice
between the two 'Ps (power or Pakistan), he would choose the former. He was more interested in
getting a 21-gun salute as the head of the state than in the maintenance of the unity of
Pakistan."[4]
Negotiations were held between January and March 1971 between the two major regional
leaders - Mujib and Bhutto - and the ruling military government under President Yahya Khan.
But the tripartite negotiations for an agreed federal or even a confederal constitution was a
dismal and total failure. Under the Legal Framework Order, the President was to decide when the
Assembly was to meet. Once assembled it was to frame a new constitution within 120 days or
stand dissolved. On 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.[3]
On 22 December 1970 the Secretary of the Awami League, Tajuddin Ahmad, claimed that his
party having won an absolute majority had a clear mandate and was quiet competent to frame a
constitution and to form a central government on its own. Sheikh Mujibur Rehman declared on 3
January 1971 that his party would not frame a constitution on its own, even though it had a
majority. He refused, however, to negotiate on the Six Points, saying that they were now public
property and no longer negotiable.[3]
The crux of the conflict was that the majority party in the west, led by Bhutto, was convinced
that a federation based on the Six Points would lead to a feeble confederation in name only. At
best it would lead to a feeble confederation and at worst it would result in the division of the
country into two states. These fears were evidently shared by the military leaders in the west,
including President Yahya Khan who had publicly described Sheikh Mujibur Rehman as the
'future Prime Minister of Pakistan' on 14 January 1971.[3]
Bhutto announced on 15 February that his party would not attend the National Assembly unless
there was 'some amount of reciprocity' from the Awami League. Sheikh Mujib replied at a press
conference on February 21, asserting that 'Our stand is absolutely clear. The constitution will be
framed on the basis of the Six Points'. He also denied that the Six Points would leave the central
government at the mercy of the provinces and contended that they were designed only to
safeguard provincial autonomy.[3]
On 28 February 28, Bhutto demanded that either the 120-day limit for the national Assembly be
removed or the opening session be postponed, declaring that if it was held on 3 March as
planned, there would be a general strike throughout West Pakistan. President Yahya Khan
responded next day by postponing the Assembly meeting to 25 March. The postponement of the
National Assembly came as a shattering disillusionment to the Awami League 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.[3]
The National Assembly, however, could not even meet on 26 March due to widespread
disturbances in East Pakistan where the army moved in on 26 March to control the situation. The
civil disobedience movement later developed into a war of national liberation fully backed by the
Indian Army. As a result, Pakistani forces had to surrender to the Indian Army, and almost over
93,000 military personnel were taken as prisoners of war on 16 December 1971. Thus ended an
important era of the largest Muslim state, Pakistan. A new and smaller Pakistan emerged on 16
December 1971.[3]
Demoralized and finding himself unable to control the situation, General Yahya Khan
surrendered power to Bhutto who was sworn-in on 20 December 1971 as President and as the
(first civilian) Chief Martial Law Administrator.
Drafting and enactment
After gaining power, Zulfiqar Ali 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 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 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.
18th Amendment
Parliament of Pakistan recently (April 2010) passed 18th amendment that guarantees federal
parliamentary system and reduced presidential powers,giving provinces more autonomy,reduces
federal list of law making.
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 federal system. The Federal Legislature is to function like the
British Parliament. In order to allay fears of the provinces concerning domination of the Centre,
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 has been declared as the state religion. The Constitution named Pakistan 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 Principals 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 supermacy over the other organs of the
state.
Urdu is the national language.[5]
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 the 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 Muslim Community (derogatorily known as Qadianis) 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.[6]
Comparision 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.
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.
References
1. ^ The Federation of Pakistan
2. ^ The First Martial Law
3. ^ a b c d e f g h i j k l m n o The Second Martial Law Islamic Pakistan
4. ^ The Last Days of United Pakistan by G.W. Choudhury
5. ^ The Constitution of Pakistan
6. ^ Part IX: Islamic Provisions
• This article incorporates public domain material from websites or documents of the
Library of Congress Country Studies. - Pakistan.
• Fundamental Rights.
• Constitution of Islamic Republic of Pakistan.
• Text of the Constitution of Pakistan.
See also
• Politics of Pakistan
• History of Pakistan