1973 Constitution of Pakistan

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Pakistan Studies

1973 Constitution of Pakistan


One of the most pressing tasks for the new government was to
draft a new constitution. When martial law was finally lifted, the
Assembly was summoned in April 1972 on the basis of the 1970
election results in the form west Pakistan region. A committee
was set up from a cross-section of politicians from different
parties. There were disagreements within the committee to
whether the new constitution should bring in parliamentary rule or
a presidential system of government. There were also differing
views over the question of provincial autonomy. It took the
constitutional committee eight months before it submitted its
report on 10th April 1973. The draft constitution was passed by
the federal Assembly by 135 votes in favor, with three
abstentions. It was brought into force on 14th August 1973, and
Bhutto was elected prime minister by the National Assembly on
12th August.
The Constitution's main features were:
I. Pakistan shall be a Federal Republic with a Parliamentary
system of government. The prime minister shall be the head of
government, elected from the majority party.
II. The special position of Islam as the state religion shall be
emphasized and both the prime minister and president are
required to be Muslims.
III. Pakistan shall be declared an Islamic Republic by default.
IV. A bill to amend the constitution shall need a two-thirds
majority in the lower house and a majority in the upper house.
V. All fundamental human rights shall be guaranteed but the
stipulation was added that it was subject to reasonable
restrictions imposed by law'.
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VI. The Supreme Court and High Courts shall be given the
power to enforce fundamental rights.
VII. The president shall act in accordance with the binding
advice of the prime minister, and all orders of president shall be
counter signed by the prime minister.
VIII. The senate, or upper house, shall be elected mostly from
the provincial governments and so, for the first time, the
interests of the provinces shall be safeguarded at the center. The
Senate shall not be dissolved even in emergencies.
IX. In case of emergencies, the federal government can pass
legislation on anything and can even suspend fundamental
freedoms.
X. Urdu shall be the official language of the country,
with Pakistani English to be retained for the next 15 years.
Xl.The teaching of holy Quran and Islamite should be
compulsory.
XlI. Pakistan shall be a federal Islamic state, so residuary
powers shall rest with provinces not the central government.
The 1973 Constitution, therefore, marked a return to a
parliamentary form of democracy after the presidential
experiment introduced under the 1962 constitution. There were
also concessions made to the provinces to alleviate fears that the
central government would overule them on every issue. This
was important as the one unit scheme had only recently been
abolished and because 2 of the 4 provincial governments in the
new State of Pakistan were non-PPP. The 1973 Constitution,
however, had another advantage over its two predecessors: it
had been agreed and voted on by a democratically elected
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Assembly. This gave it greater authority and, even though it was
suspended under the next martial law regime, Since
independence, Pakistan has devised and changed three written
constitutions and the fourth one was drawn up and it was
restored on the 30th of December in 1985 and remains in place
to date.

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