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The Constitution of 1973 refers to the current constitution
of Pakistan, which was adopted on April 12, 1973. It is the
supreme law of Pakistan and has been amended several times to reflect the evolving needs and circumstances of the country. Here are some key features and components of the Constitution of 1973: 1 Preamble: It outlines the basic principles and objectives of the constitution, including democracy, rule of law, Islamic provisions, and rights of citizens. 2 Fundamental Rights: These include rights such as equality before law, freedom of speech, freedom of religion, right to education, and safeguards against discrimination. 3 Directive Principles of State Policy: These principles provide guidance to the state in policymaking and governance, emphasizing social and economic justice, Islamic principles, and welfare of the people. 4 Federal Structure: Pakistan is a federal parliamentary republic, with a clear distribution of powers between the federal government and provincial governments. 5 Islamic Provisions: The constitution incorporates principles of Islam as the state religion, while ensuring religious freedom for minorities. Islamic teachings and values are to be respected and followed in legislation and policy. 6 Parliamentary System: Pakistan follows a parliamentary system of government, with a bicameral legislature consisting of the National Assembly (Lower House) and the Senate (Upper House). 7 Judiciary: The constitution establishes an independent judiciary, including the Supreme Court of Pakistan as the highest judicial authority. 8 Amendment Procedure: The constitution provides a detailed procedure for its amendment, requiring approval by both houses of Parliament and, in some cases, ratification by provincial assemblies. 9 Emergency Provisions: It outlines provisions for declaring states of emergency in certain situations, with specific checks and balances to prevent misuse of emergency powers. 10 Miscellaneous Provisions: These include provisions related to the President, Prime Minister, Council of Ministers, armed forces, and other governmental institutions and bodies. Overall, the Constitution of 1973 is the foundation of Pakistan's legal and political framework, aiming to ensure governance based on democratic principles, rule of law, and respect for fundamental rights and freedoms.
The Constitution of 1973 of Pakistan has several salients
features that define its structure and principles. Here are some of the key features: 1 Islamic Republic: Pakistan is declared as an Islamic Republic, with Islam as the state religion. The constitution seeks to uphold Islamic principles while ensuring religious freedom for minorities. 2 Federalism: The constitution establishes a federal system of government, dividing powers between the federal government and provincial governments. Each province has its own legislature and executive authority. 3 Parliamentary Democracy: Pakistan follows a parliamentary form of government, where the Prime Minister is the head of government and exercises executive authority. The National Assembly (Lower House) and the Senate (Upper House) constitute the Parliament. 4 Fundamental Rights: The constitution guarantees fundamental rights to all citizens, including equality before law, freedom of speech, freedom of religion, right to education, and protection against discrimination. 5 Islamic Provisions: Islamic teachings and principles are integrated into various aspects of law and governance. The President and other high officials are required to be Muslim, and Islamic values guide legislation and policy. 6 Judicial Independence: The constitution establishes an independent judiciary, headed by the Supreme Court of Pakistan. It ensures judicial review and safeguards the rights and liberties of citizens. 7 Directive Principles of State Policy: These principles provide guidelines for the state to promote social and economic justice, improve the standard of living, and ensure the welfare of the people, consistent with Islamic principles. 8 Amendment Procedure: The constitution outlines a detailed procedure for its amendment, requiring significant consensus among federal and provincial legislatures to ensure stability and legitimacy. 9 Emergency Provisions: The constitution provides for the declaration of states of emergency in certain circumstances, balancing the need for national security with safeguarding democratic principles and rights. 10 Role of President: The President of Pakistan acts as the ceremonial head of state and performs certain constitutional functions, such as appointing the Prime Minister and approving legislation. These features collectively shape the legal and political framework of Pakistan, aiming to establish a democratic, federal, and Islamic state that respects the rights and values of its diverse population.
The Constitution of 1973 of Pakistan incorporates several
Islamic provisions, reflecting the country's status as an Islamic Republic and its commitment to Islam as the state religion. Here are the key Islamic provisions of the constitution:
1. **Declaration of State Religion:** Article 2 of the
constitution declares Islam as the state religion of Pakistan. It emphasizes that all laws shall be brought into conformity with the teachings of Islam as laid down in the Quran and Sunnah (traditions of the Prophet Muhammad).
2. **Principles of Policy:** The constitution includes
Directive Principles of State Policy (Article 31), which guide the state in framing laws and policies to promote social and economic justice, ensure equitable distribution of wealth, and adhere to Islamic principles.
3. **Rights of Minorities:** While Islam is the state
religion, the constitution ensures religious freedom and protects the rights of religious minorities (Article 20). Minorities have the right to freely profess and practice their religions.
4. **Islamic Education:** The constitution encourages the
teaching of the Quran and Islamiat (Islamic studies) in educational institutions (Article 22).
5. **Islamic Ideology Council:** The constitution
establishes the Council of Islamic Ideology (Article 230), which advises the legislature whether a proposed law is repugnant to Islam or not.
6. **President and Prime Minister:** The President and
Prime Minister must be Muslim (Article 41). They take an oath to preserve, protect, and defend the Constitution of Pakistan and uphold the Islamic ideology of Pakistan.
7. **Islamic Courts:** The constitution provides for the
establishment of Shariat Courts (Article 203D), which deal with matters pertaining to Islamic law and jurisprudence (Sharia) as applicable in Pakistan.
8. **Provisions Against Anti-Islamic Activities:** The
constitution prohibits any law that is repugnant to Islam (Article 227) and allows the state to take steps to ensure Islamic way of life and promote social justice and eradication of social evils.
These provisions reflect Pakistan's commitment to Islam as a
guiding force in its legal and social framework while also aiming to uphold principles of justice, equality, and religious tolerance for all its citizens.