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Pak. Studies

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17 views1 page

Pak. Studies

Uploaded by

aamiraribah
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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THE CONSTITUTION OF 1973:

The Constitution of 1973 in Pakistan, which was ratified on


April 12, 1973, serves as the paramount law of the country
and has undergone multiple revisions to align with the
changing needs and circumstances of the nation. Here are
some essential characteristics and elements of the
Constitution of 1973:

1. Preamble:
This section sets out the fundamental principles and goals
of the constitution, encompassing democracy, rule of law,
Islamic provisions, and the rights of individuals.

2. Fundamental Rights:
These encompass entitlements like equal treatment under
the law, freedom of expression, religious freedom, right to
education, and protections against discrimination.

3. Directive Principles of State Policy:


These principles offer direction to the state in policymaking
and governance, emphasizing social and economic justice,
Islamic principles, and the well-being of the populace.

4. Federal Structure:
Pakistan operates as a federal parliamentary republic, with a
clear delineation of powers between the central government
and provincial administrations.

5. Islamic Provisions:
The constitution integrates Islamic principles as the state
religion while safeguarding the religious freedoms of
minority groups. Islamic teachings and values are to be
upheld in legislative and policy matters.

6. Parliamentary System:
Pakistan adheres to a parliamentary system of governance,
with a two-chamber legislature comprising the National
Assembly (Lower House) and the Senate (Upper House).

7. Judiciary:
The constitution establishes an autonomous judiciary, with
the Supreme Court of Pakistan serving as the highest
judicial body.

8. Amendment Procedure:
The constitution outlines a comprehensive process for its
amendment, necessitating endorsement by both
parliamentary houses and, in certain cases, validation by
provincial assemblies.

9. Emergency Provisions:
It delineates protocols for declaring states of emergency in
specific circumstances, with stringent checks and balances
to prevent the misuse of emergency authority.

10. Miscellaneous Provisions:


These include stipulations concerning the President, Prime
Minister, Cabinet, armed forces, and other governmental
entities.

In essence, the Constitution of 1973 forms the bedrock of


Pakistan's legal and political framework, striving to ensure
governance grounded in democratic principles, rule of law,
and respect for fundamental rights and liberties.

SALIENT FEATURES OF CONSTITUTION


OF 1973:
The Constitution of 1973 in Pakistan has some standout
characteristics that define its structure and principles. Here
are a few of the main features:

1. Islamic Republic:
Pakistan is acknowledged as an Islamic Republic, with Islam
as the state religion. The constitution aims to uphold Islamic
values while ensuring freedom of religion for minorities.

2. Federalism:
The constitution establishes a federal system of governance,
dividing powers between the central government and
provincial administrations. Each province has its own
legislative and executive authority.

3. Parliamentary Democracy:
Pakistan follows a parliamentary system, where the Prime
Minister serves as the head of government and wields
executive power. The Parliament comprises the National
Assembly (Lower House) and the Senate (Upper House).

4. Fundamental Rights:
The constitution guarantees fundamental rights to all
citizens, including equal treatment under the law, freedom of
expression, religious freedom, right to education, and
protection against discrimination.

5. Islamic Provisions:
Islamic teachings are interwoven into legal and governance
frameworks. The President and other high-ranking officials
must be Muslim, and Islamic principles influence legislation
and policies.

6. Judicial Independence:
The constitution establishes an independent judiciary, led by
the Supreme Court of Pakistan. It ensures judicial oversight
and safeguards the rights and freedoms of individuals.

7. Directive Principles of State Policy:


These principles offer guidance to the state in advancing
social and economic justice, enhancing living standards, and
ensuring the welfare of the populace in line with Islamic
values.

8. Amendment Procedure:
The constitution delineates a detailed process for its
amendment, necessitating substantial consensus among
federal and provincial legislatures to maintain stability and
legitimacy.

9. Emergency Provisions:
The constitution allows for the proclamation of states of
emergency in specific situations, balancing national security
needs with the preservation of democratic principles and
rights.

10. Role of President:


The President of Pakistan serves as the symbolic head of
state and carries out specific constitutional duties, such as
appointing the Prime Minister and endorsing legislation.

These features collectively shape the legal and political


framework of Pakistan, underpinning governance based on
democratic principles, rule of law, and the protection of
fundamental rights.
ISLAMIC PROVISIONS OF CONSTITUTION
OF 1973:
The Constitution of 1973 in Pakistan includes various Islamic
provisions, highlighting the country's Islamic Republic status
and its dedication to Islam as the state religion. Here are the
main Islamic provisions of the constitution:
1. State Religion Declaration:
The constitution's Article 2 states Islam as Pakistan's state
religion, emphasizing alignment with Islamic teachings from
the Quran and Sunnah in all laws.
2. Policy Principles:
Article 31 outlines Directive Principles of State Policy, guiding
laws for social justice, wealth distribution, and adherence to
Islamic principles.
3. Minorities Rights:
Despite Islam as the state religion, Article 20 safeguards
religious freedom and minority rights for practicing their
faith.
4. Islamic Education:
Article 22 promotes teaching the Quran and Islamic studies
in educational institutions.
5. Ideology Council:
Article 230 establishes the Council of Islamic Ideology,
advising on laws' compatibility with Islam.
6. Leadership Requirements:
Article 41 mandates the President and Prime Minister to be
Muslim, upholding Pakistan's Constitution and Islamic
ideology.
7. Shariat Courts:
Article 203D allows for Shariat Courts dealing with Islamic
law matters in Pakistan.
8. Anti-Islamic Activities:
Article 227 prohibits laws conflicting with Islam and
empowers the state to maintain the Islamic way of life.

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