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Background of The 1973

The 1973 Constitution of Pakistan marked a significant shift towards democratic governance after years of political instability and martial law, replacing the abrogated 1962 Constitution. It established a parliamentary system, a federal structure, and guaranteed fundamental rights while ensuring that laws align with Islamic principles. Despite facing challenges and amendments over the years, the 1973 Constitution remains the foundation of Pakistan's political and legal framework.

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25 views7 pages

Background of The 1973

The 1973 Constitution of Pakistan marked a significant shift towards democratic governance after years of political instability and martial law, replacing the abrogated 1962 Constitution. It established a parliamentary system, a federal structure, and guaranteed fundamental rights while ensuring that laws align with Islamic principles. Despite facing challenges and amendments over the years, the 1973 Constitution remains the foundation of Pakistan's political and legal framework.

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mubashirjadoonj
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Background of the 1973 Constitution of

Pakistan:

The 1973 Constitution of Pakistan was a landmark


event in the country’s history, marking the end of
years of political instability and martial law. The
Constitution replaced the previous 1962
Constitution, which had been abrogated after the
dismissal of President Ayub Khan's regime in 1969
and the imposition of martial law by General Yahya
Khan. The background to the drafting of the 1973
Constitution is as follows:

1. Independence and Early Constitutions:


- After gaining independence from Britain in
1947, Pakistan initially adopted the Government of
India Act, 1935, as its interim constitution. However,
a permanent constitution was not framed
immediately.
- The first formal attempt at a Constitution was
the 1956 Constitution, which declared Pakistan a
Republic, but it was soon abrogated following a
military coup in 1958 led by General Ayub Khan.

2. Martial Law and the 1962 Constitution:


- General Ayub Khan introduced the 1962
Constitution, which centralized power in the
presidency and established a presidential form of
government.This constitution was replaced after
the downfall of Ayub Khan in 1969, leading to the
appointment of General Yahya Khan, who imposed
martial law and called for general elections.

3. The 1970 Elections and the Creation of the 1973


Constitution:
- In December 1970, Pakistan held its first
general elections in East and West Pakistan. The
results led to a political crisis: the Awami League of
Sheikh Mujibur Rahman won an overwhelming
majority in East Pakistan (now Bangladesh), while
the Pakistan People’s Party (PPP) led by Zulfikar Ali
Bhutto won in West Pakistan.
- The political unrest following the election, the
failure to form a coalition government, and the
subsequent 1971 Bangladesh Liberation War led to the
secession of East Pakistan.
- After the war, Zulfikar Ali Bhutto became the
Prime Minister of Pakistan and spearheaded the
process of drafting a new constitution, leading to
the adoption of the 1973 Constitution.

Key Features of the 1973 Constitution:

The 1973 Constitution of Pakistan is considered the


foundation of the country's political and legal
framework. It introduced several significant
features aimed at ensuring democracy, separation
of powers, and political stability. Below are the
main features:

1. Parliamentary System of Government:


The Constitution establishes a parliamentary form of
government. The Prime Minister is the head of
government, while the President is the ceremonial
head of state.
- The Prime Minister is elected by the members of
the National Assembly, and the National Assembly
holds significant legislative power.

2. Federal Structure:
- Pakistan is recognized as a federal republic with a
two-tier system of government, comprising the
federal government and provincial governments.

- The Constitution delineates the powers


between the federal and provincial governments,
as well as the areas of legislation and
administration.

3. The President:
- The President of Pakistan is elected indirectly
by the electoral college, which consists of the
members of both houses of Parliament and the
provincial assemblies.
- The President’s role is largely ceremonial, with
executive powers vested in the Prime Minister and
the Cabinet.

4. The National Assembly and Senate:


- The National Assembly (lower house) is made up
of members directly elected by the people of Pakistan.
- The Senate (upper house) represents the
provinces and is made up of members elected by
the provincial assemblies.
Both houses of Parliament have the power to
legislate on various issues, with the National
Assembly having more influence over national
matters.

5. Islamic Provisions:
- The Constitution declares Pakistan an Islamic
Republic and stipulates that all laws must be in
accordance with Islamic principles. This ensures
that no legislation can contradict Islamic injunctions.
- The Islamic Ideology Council was established to
provide advice on whether laws comply with
Islamic teachings.

6. Fundamental Rights:
- The Constitution guarantees a wide range of
fundamental rights to citizens, including the right to
life, freedom of speech, and protection from
discrimination.
- The Fundamental Rights section (Part II of the
Constitution) is similar to the Bill of Rights in many
democratic nations, and it protects the civil
liberties of Pakistani citizens.

7. Judiciary:
- The Constitution ensures the independence of the
judiciary by establishing the Supreme Court as the
highest court in the country, with the authority to
interpret the Constitution and make decisions on
constitutional matters.
- It also provides for the establishment of other
courts, including the Shariat Appellate Bench to
ensure that laws comply with Islamic principles.
8. Amendment Procedure:
- The Constitution provides a process for its own
amendment. Amendments require a two-thirds
majority in both houses of Parliament, and in some
cases, the approval of provincial assemblies.
- Islamic provisions of the Constitution are
protected, making it difficult to alter laws that
affect Pakistan’s Islamic identity.
9. Provisions for the President's Role in Times of
Emergency:
- The President has the authority to dissolve the
National Assembly and dismiss the Prime Minister
in certain circumstances. This can lead to the
imposition of a caretaker government or fresh
elections.
- In times of emergency, the President can issue
ordinances that have the force of law.

Significance of the 1973 Constitution:

- The 1973 Constitution played a crucial role in


restoring democratic governance in Pakistan after
a long period of military rule.
- It provided a framework for political stability and
sought to balance the centralization of power with
provincial autonomy, a critical issue in a country
with diverse ethnic and linguistic groups.
- The Constitution also laid down the foundation
for an Islamic state while protecting individual
rights, creating a blend of modern democracy and
Islamic ideology.
Although there have been amendments and
alterations over time (such as the Eighth Amendment
under Zia-ul-Haq and the Seventeenth Amendment
under Pervez Musharraf), the Constitution of 1973
remains the bedrock of Pakistan's political and
legal system.

Conclusion:

The 1973 Constitution of Pakistan remains the


most significant legal document in the country's
history, shaping its political structure, governance,
and legal system. While it has faced numerous
challenges, including military interventions and
political instability, it continues to serve as the
guiding framework for the nation, upholding
democratic principles and protecting the rights of
the people.

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