constitution 1973

After the constitution of 1956 and 62 the permanent constitution of Pakistan was very necessary because, after the separation of Bangladesh (former East Pakistan) from Pakistan, many things were nationally changed such as the national language, and national colors, but the most important thing was the boundaries of Pakistan changed. One of the reasons behind the necessity of a new constitution was the members of both the previous constitutions were from East Pakistan so the constitution consists of many things that were made according to East Pakistan’s beliefs for instance national languages were Urdu and Bengali before the division of Bangladesh. Currency was also under debate before 1973 but in the constitution of 1973, rupees were declared as the official currency of Pakistan. The constitution of 1973 was approved by the government of Zulfikar Ali Bhutto, president of Pakistan then. the constitution was based on the objective resolution which was passed by the constituent assembly in 1949 headed by the first prime minister of Pakistan, Liaquat Ali Khan.

Zulfiqar Ali Bhutto was born in Larkana, Sindh. He got an education from the University of California, the University of Berkeley, and the University of Oxford, Bhutto was trained as a barrister at Lincoln’s Inn. Zulfiqar Ali Bhutto was the founder of Pakistan’s atomic bomb program, and due to his administration and aggressive leadership of this program, he is often known as the Father of Nuclear deterrence program.

The rise of Bhutto’s party from 1971 to 77 was the main era of Mr. Bhutto’s life. But before this, he was appointed as the foreign minister, in the cabinet of General Ayub khan. After Tashkent Declaration he left Ayub’s Cabinet and announced a new political party which he named as “Pakistan People’s Party”. The rise of Zulfiqar Ali Bhutto and the Pakistan People’s Party to power between 1969 and 1971 promised to bring fundamental changes to the country, but they did not produce what Pakistan had hoped for. The People’s Party rose to power as the movement which took most of the credit for ousting both Ayub Khan and Yahya Khan.

There are a number of achievements of Mr. Bhutto, which helped Pakistan to get economic growth. He initiated the nuclear program. His work helped Pakistan to build its defense as he also launched the atomic program in Karachi to give Pakistan nuclear technology. He did Shimla’s agreement. He also gave a permanent constitution in 1973 in which he declared Qadianis non-Muslim and gave a definition of Muslims. Zulfiqar Ali Bhutto also announced several reforms in Various fields along the lines of land, health, labor, and economics.

Zulfikar appointed a constitution committee to draft a permanent constitution for Pakistan giving special responsibility to Mehmood Ali Kasoori as the head of the Committee. The constitution was drafted by the government of Zulfikar Ali Bhutto, with additional assistance from the country’s opposition parties, it was approved by the Parliament on 10 April and ratified on 14 August 1973. The constitution is intended to guide Pakistan’s law, political culture, and system. Since then, a number of amendments are made to the constitution and it has become necessary and expedient that an up-to-date and authentic version of the constitution be published by the assembly for the public.

It has 280 articles, 7 schedules, and 12 parts. Part 1 is the introduction and consists of articles 1–6. Part 2 is about fundamental rights and principles of policy. It includes articles from 7 to 40. Part 3 is the federation of Pakistan. Which consists of articles 41- 100. Part 4 is on Provinces based on articles from 101 to 140. Part 5 is on relations between federations and provinces and it includes articles from 141 to 159. Part 6 is finance, property, contracts, and suits. It has articles from 160 to 174. Part 7 is judicature and articles from 175 to 212. Part 8 is on elections and consists of articles 213 to 226. Part 9 is Islamic Provisions and it has articles from 227 to 231. Part 10 is about Emergency Provisions and it includes articles from 232 to 237. Part 11 is of the Amendment of the Constitution and has only 2 articles which are 238 and 239. And part 12 is Miscellaneous and consists of articles from 240 to 280.

It is a written constitution in a document form, containing 280 articles and 7 schedules. It is a rigid constitution because to make amendments it requires 2/3 majority of the total members of Parliament. Federal form of government, in which there are 2 governments within the state namely; the central and provincial. The bicameral form of parliament consists of two houses namely; the Upper house (senate) and the lower house (National Assembly). The constitution provides independence of the judiciary where the judiciary works without any economic or political pressure.

The constitution must be based on Islamic provisions and the country name the Islamic Republic of Pakistan. In this constitution, Islam is a state religion of Pakistan. Definition of Muslim, Muslim is one who accepts there is no God but ALLAH and Hazrat Mohammad (S.A.W.W) Is his last prophet. Parliamentary form of Government, where the Prime Minister is the head of the Government, having exclusive authority. Fundamental Rights granted to the citizen and protection of minority’s rights. Sovereignty belongs to Almighty ALLAH no one is his sharing authority to be exercised by the people of Pakistan within the limits prescribed by him is a sacred trust. The national language is Urdu. Direct election, where the member of the National and provincial Assembly is selected by direct election system.

The constitution of 1962 was a presidential form of government. Our Constitution of 1973 introduced a parliamentary form of government, and in our country, there is supremacy of the constitution (this principle is adopted by the USA). Principal of constitutional supremacy finds in the written constitution.

The role of armed forces was described and martial law was declared as the worst form of government. In 1973 constitution C-in-C (commander in chief ) designation was renamed as chief of Army staff (COAS). The age of the president and the prime minister was declared that the prime minister must be of 25 years and the president must be of 45 years. The prime minister must be a member of the political party that is the majority in the National Assembly. Both the prime minister and president must be Muslim.

Laws are inconsistent with or in derogation of Fundamental Rights to be void. Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred by this Chapter, shall, to the extent of such inconsistency, be void. The State shall not make any law which takes away or abridges the rights so conferred and any law made in contravention of this clause shall, to the extent of such contravention, be void. The Provisions of this Article shall not apply to — (a) any law relating to members of the Armed Forces, of the police, or of such other forces as are charged with the maintenance of public order, for the purpose of ensuring the proper discharge of their duties or the maintenance of discipline among them; [(b) any of the — (i) laws specified in the First Schedule as in force immediately before the commencing day or as amended by any of the laws specified in that Schedule; (ii) other laws specified in Part I of the First Schedule;] and no such law nor any provision thereof shall be void on the ground that such law or provision is inconsistent with, or repugnant to, any provision of this Chapter. Notwithstanding anything contained in paragraph (b) of clause, within a period of two years from the commencing day, the appropriate Legislature shall bring the laws specified in 1 [Part II of the First Schedule] into conformity with the rights conferred by this Chapter : Provided that the appropriate Legislature may by resolution extend the said period of two years by a period not exceeding six months. Explanation. — If in respect of any law 2 [Majlis-e-Shoora (Parliament)] is the appropriate Legislature, such resolution shall be a resolution of the National Assembly. (5) The rights conferred by this Chapter shall not be suspended except as expressly provided by the Constitution.

Bhutto is considered the main architect of the 1973 constitution as part of his vision to put Pakistan to the road to parliamentary democracy. One of the major achievements in Bhutto’s life was the drafting of Pakistan’s first ever consensus constitution to the country. Bhutto supervised the promulgation of 1973 constitution that triggered an unstoppable constitutional revolution through his politics wedded to the emancipation of the downtrodden masses, by first giving people a voice in the Parliament, and introducing radical changes in the economic sphere for their benefit.

During his period in office the government carried out seven major amendments to the 1973 Constitution. The First Amendment led to Pakistan’s recognition of and diplomatic ties with Bangladesh. The Second Amendment in the constitution declared the Ahmadis as non-Muslims, and defined the term non-Muslim. The rights of the detained were limited under the Third Amendment while the powers and jurisdiction of the courts for providing relief to political opponents were curtailed under the Fourth Amendment. The Fifth Amendment passed on 15 September 1976, focused on curtailing the power and jurisdiction of the Judiciary. This amendment was highly criticized by lawyers and political leaders. The main provision of the Sixth Amendment extended the term of the Chief Justices of the Supreme Court and the High Courts beyond the age of retirement. This Amendment was made in the Constitution to favor the then Chief Justice of the Supreme Court who was supposed to be a friend of Bhutto.

Bhutto remains a contentious figure, being hailed for his nationalism and secular internationalist agenda, yet criticized for intimidating his political opponents and for human rights violations. He is often considered one of Pakistan’s greatest leaders, and his party, the PPP, remains among Pakistan’s largest, with his daughter Benazir Bhutto being twice elected Prime Minister, while his son-in-law and Benazir’s husband, Asif Ali Zardari, served as president.

Z. A. Bhutto