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Question 3

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Question 3

Should check this out

Uploaded by

muhammadkhizarahmed2020
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© © All Rights Reserved
Available Formats
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Question 3: Constitution of Pakistan (1973)

1. Introduction

The 1973 Constitution of Pakistan is the foundation of the country's legal and political system. It
provides a framework for the governance of Pakistan, outlining the roles and responsibilities of the
executive, legislature, judiciary, and citizens. The constitution reflects the aspirations of the people and
ensures the rule of law, justice, and equality. Its creation marked a significant step in uniting the diverse
ethnic, cultural, and political groups within the country under a common legal structure.

2. Background of the Constitution

The journey toward the 1973 Constitution was a complex process, influenced by historical events and
political changes in Pakistan.

1. First Constitution (1956):

Pakistan’s first constitution was adopted nine years after independence.

It declared Pakistan an Islamic Republic and introduced a parliamentary system.

However, it failed to establish stability and was abrogated in 1958 after martial law was imposed.

2. Second Constitution (1962):

This constitution was introduced during Ayub Khan’s regime.

It replaced the parliamentary system with a presidential system and centralized power in the hands of
the president.

The 1962 Constitution lacked public support and was criticized for limiting democratic participation.

3. Third Constitution (1973):

After years of political turmoil and the separation of East Pakistan in 1971, there was a need for a
consensus-based constitution.

The 1973 Constitution, created under the leadership of Zulfikar Ali Bhutto, was unanimously adopted by
all political parties in the National Assembly. It established a parliamentary system and reflected the will
of the people

3. Key Features of the 1973 Constitution

The 1973 Constitution introduced several key features that continue to shape Pakistan's governance and
legal system.

1. Islam as State Religion:

Declares Islam as the official religion of Pakistan.Ensures that laws are consistent with the principles of
Islam.

2. Federal Structure:
Divides powers between the federal government and provincial governments, ensuring a balance of
authority.Each province has its own legislature and powers as outlined in the constitution.

3. Parliamentary System:

Establishes a bicameral legislature consisting of the Senate (upper house) and the National Assembly
(lower house).The prime minister, elected by the National Assembly, is the head of government, while
the president serves as the ceremonial head of state.

4. Judicial Independence:

Ensures an independent judiciary to uphold the rule of law and protect citizens’ rights.The judiciary has
the authority to review laws and government actions for compliance with the constitution.

5. Fundamental Rights:

Guarantees basic rights to all citizens, including:Freedom of speech and expression.Equality before the
law.Freedom of religion.Protection of life, property, and personal liberty.

4. Amendments to the Constitution

Over the years, the 1973 Constitution has been amended to adapt to changing political, social, and
economic needs.

1. 18th Amendment (2010):

Significantly strengthened provincial autonomy by devolving powers from the federal government to the
provinces.

Abolished the concurrent list, granting more legislative powers to the provinces.

2. 21st Amendment (2015):

Introduced military courts to address the rise in terrorism and ensure swift justice during counter-
terrorism operations.

This amendment was time-bound and aimed at addressing the extraordinary security challenges faced
by the country.

Other amendments have addressed various issues, such as electoral reforms, judicial appointments, and
executive powers, ensuring the constitution remains relevant.

5. Conclusion

The 1973 Constitution of Pakistan is a dynamic and enduring document that has provided a framework
for governance, law, and national unity. It embodies the aspirations of the people and ensures
fundamental rights and justice for all citizens. Despite facing challenges, it has remained the backbone of
Pakistan’s legal system and continues to evolve to meet the changing needs of society. The constitution
is a symbol of Pakistan’s commitment to democracy, rule of law, and federalism, ensuring stability and
progress for the nation.

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