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CONSTITUTION OF 1973

INTRODUCTION:
On 7th April, 1972 the national assembly of Pakistan appointed a committee to
prepare a draft of the permanent constitution of Pakistan. A bill to provide a constitution
was introduced by the committee in the Assembly on February 2, 1973.The Assembly
passed the bill on 19th April, 1973 and at last the constitution came into force on 14th
August 1973.
The present constitution (1973) provides for the protection and preservation of Islamic
Concept of life. It also attempts to propagate and implement the basic teachings of Islam.

SALIENT FEATURES:
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.

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'.

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 the president shall be countersigned 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 centre. 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 English to be retained for
the next 15 years.

XI. Pakistan shall be a federal state, so residuary powers shall rest with the provinces
not the central government.

ISLAMIC PROVISIONS:

The following are the Islamic provisions of 1973 constitution based on the
principles of Holy Quran and Sunnah.
1. Islamic Republic of Pakistan: Pakistan shall be known as "Islamic Republic of
Pakistan".
2. State Religion: Islam shall be the state religion of Pakistan.
3. Sovereignty Belongs to Allah: Sovereignty over the entire Universe belongs to
Almighty Allah and the authority bestowed by him on men is a sacred trust which the
people of Pakistan will exercise with the limits prescribed by Quran and Sunnah.
4. Definition of a Muslim: The constitution also gives the definition of a Muslim. A
person who believes in Tauheed or Oneness of Allah and in the prophet hood of Hazrat
Mohammad (P.B.U.H) as the last prophet of Allah has described as a Muslim.
5. A Muslim to be a President and Prime Minister: The constitution laid down that only
Muslims shall be elected president and Prime Minister of Pakistan. Non non-Muslim
could hold these offices.
6. Islamic way of life: Steps shall be given to enable the Muslims of Pakistan to order
their lives in accordance with the fundamental principles and basic concepts of Islam.
7. Promotion of Social Justice and Eradication of Social Evils: The State shall take
necessary steps for prosecution of social justice and eradication of social evils and shall
prevent prostitution, gambling and taking of injurious drugs, printing, publication,
circulation and display of obscene literature and advertisements.
8. Teachings of Holy Quran: The state shall try to make the teachings of Holy Quran and
Islamiat compulsory to encourage and facilitate the learning of Arabic language.
9. Strengthing Bond with Muslim World: The state shall endeavour to strengthen
fraternal relations among Muslim countries in order to promote Islamic unity.
10. Council of Islamic Ideology: There is a council of Islamic Ideology which shall
guide the government in respect of Islamic teachings, their implementation and
propagation. Its chairman and members are appointed by President. Although its advice is
not binding on the government yet it is not easy for any government to ignore or over rule
its suggestion or opinion regarding any law.
11. Error Free Publication of Quran: The government shall endeavour to secure correct
and exact printing and publishing of the Holy Quran.
12. Oath to Project and Promote Islamic Ideology: The federal and Provincial Ministers,
the Speaker and Deputy Speaker of the National and Provincial Assemblies, the chairman
of the Senate and the Governors and Chief Ministers of the Provinces also take oath to
preserve and protect the Islamic Ideology.
13. Ahmadi's A Non Muslim Minority: According to the second amendment of 1973
constitution, the Qadiani group or the Lahori group who call themselves "Ahmadi's" were
declared as Non-Muslim minority.

AMMENDMENTS:
The Constitution of 1973 has undergone a large number of amendments. With the
result it lost its original shape. From the 1973 to 2004 seventeen amendments have
been made, which are as under.

First Amendment (1974): The First Amendment made changes in the constitution
necessitated by the recognition of Bangladesh.

Second Amendment (1974): The second Amendment declared Ahmadis as Non-Muslims


which was very important.

Third Amendment (1975): The Third Amendment extended the period of preventive
detention from one month to three months at a time and also extended the period of
communication of grounds of detention from 7 days to 15 days.

Fourth Amendment (l975): The Fourth Amendment reduced the powers of the High
Court in writ jurisdiction in a way that neither preventive detention could be prohibited
nor bail could be granted to the detainee under preventive detention in exercise of writ
jurisdiction.

Fifth Amendment (1976): The Fifth Amendment was related to judiciary. It had very
important topics related to Judges.

Sixth Amendment (1976): It was again about the retirement period of Judges.

Seventh Amendment (1977): It empowered the Prime Minister to submit any matter of
Referendum before the nation.

Eighth Amendment (1985): This amendment actually shifted the power from Prime
Minister to President.

Ninth Amendment (1985): It was a Shariat Bill, which was later passed in1991, due to
the dismissal of Junejo Government.
Tenth Amendment (1987): It stated the interval between the two sessions of National
Assembly and Senate should not exceed 130 days.

Eleventh Amendment (1991): It was moved to revise the no of seats reserved for women.

Twelfth Amendment (1991): It was to stabilize law and order situations.

Thirteenth Amendment (1997): It again shifted the power from President to Prime
Minister.

Fourteenth Amendment (1997): It restricts the members of the assemblies to abide by


the party discipline and code of conduct.

Fifteenth Amendment (1998): It was a step towards a more Islamic ideology State.

Sixteenth Amendment (1999): It extended the quota, which is not good. In my view
Merit should be promoted.

Seventeenth Amendment (2003): It again empowered the President. The power was
again shifted from Prime Minister to President.

CONCLUSION:
The 1973 constitution enlisted the main principles of State Policy Maximum
efforts were made to improve the character of this constitution. Like other constitutions
1973 constitution of Pakistan also provides for the protection, propagation and
enforcement of Islamic Ideology.

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