CONSTITUTION OF 1973

CONSTITUTION OF PAKISTAN 1973

1: Background:

Bhutto came into power under Martial Law and was of the view point to introduce  parliamentary  system   instead of presidential system.In April 1972 Martial Law was lifted and a new assembly was called.Elections of 1970 was held and PPP had gained winning votes all.A committee was formed for new Constitution of the country.The Constitution Bill was first moved in the assembly on Feb 2,1973.The opposition parties had lots of reservations on the draft of Constitution.They decided to boycott the assembly session.After long deliberations an agreement was signed and Bill was passed almost unanimously.135 votes in favor and 3 remained abstained.The Constitution was promulgated on Aug 14,1973.

2: Salient features:

• Pakistan was declared as "Islamic Republic of Pakistan". Federal system was declared.Four provinces Punjab.Sindh,NWFP,Balochistan and Federally Administrative Tribal Areas (FATA) was declared.
• Bi-Cameral  legislature with two chambers National Assembly and Senate was declared.The NA will be elected on the basis of Universal adult Franchise.All four provinces shall have an equal representation in the Senate and the the members of Senate will be indirectly elected.
• Parliamentary system was declared and in this sense PM will be elected by an absolute majority of NA members.Pm will be head of the Government.President will be consititional head of the state and will act accordig to PM adivce.
• Constitution amendment Bill will be passed by two third majority in NA and absolute majority of the Senate.
• Direct system of election was declared.The elections of NA and all provincial assemblies shall be directly held on the basis of Adult franchise.All citizens of Pakistan of the age 21 shall have the right to vote.
• All fundamental Human rights of the all the citizens were guaranteed.
• Parliament shall determine penalty for the culprit of an act or attemot of abrogating the Constitution.
• Supreme and High Court has the authority to enforce fundamental human rights.They have right to dismiss the law passed by assembly if found repugnant to the spirit of the Constitution.
• Urdu was declared as official language of the country.English was declared as official language for the time period of 15 years.

• ISLAMIC PROVISION:
• The objective resolution appears in the beginning of the court as its preamble.After the 8th amendment in 1985  it was made a substantive part of the constitution.
• Pakistan was named as "Islamic Republic of Pakistan".
• Islam was to be official religion of Pakistan.The two previous Constitutions were having no points in this regards.
• Only a Muslim believing in the unity of ALLAH and Finality of  PROPHET (S.A.W) shall be elected as PM and President.
• DEFINITION OF MUSLIM:
• It was first time in the history of the Constitution . Muslim word was clearly and precisely defined.Lahori,Qadyani was eliminated from this list.
• All law shall be enforced according to Quran and Sun'nah.
• A council of Islamic Ideology was provided which was to be constituted within 90 days.It was to make recommendations to parliament and provincials assemblies.
• The state shall promote unity & observe Islamic moral standards.Stae shall secure proper organization of Zakat, Auqaf, and mosques.
• Sate shall prevent prostitution, gambling,uses of drugs, circulation of obscene literature.
• State shall strengthen its relations among Muslims countries based on Islamic unity.
• The PM by virtue of his oath is bound to preserve the Islamic Ideology,which is accordingly to the Constitution "is the basis for the Constitution of Pakistan".

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"1962 CONSTITUTION OF PAKISTAN"

1. Background:

The constitution of 1956 was having some flaws which could be sorted out through proper efforts of politicians.But instead of this politicians started using these weak points for promoting their narrow interests.The elected Prime Minster Hussian Shaheed Suhrawardy was dismissed  by Iskandar Mirza.All minsters and Chief Minsters were sent home and appointed on own likes and dislikes.In these circumstances in 1958 serious economic crises cropped up.Politicians started developing contacts with armed forces.In this regards Mirza invited Army Chief General Muhammad Ayub Khan to proclaim Martial Law on 8th October,1958.So after the Martial Law constitution was demolished,assemblies were dissolved all political parties were baned.

In the beginning it was claimed that president would be continuing his authorities but after 20 days later Ayub Khan also dismissed Iskandar Mirza.Ayub Khan introduced a new system of "LOCAL GOVERNMENT".He named it system of Basic Democracies (BD).Eighty thousands people known as BD members were elected from both provinces .On Ist feb,1960 he set a mandate from the BD members authorizing him to set a new Constitution in the country.the new Constitution was not drafted by the representative body but by a body of experts appointed by him.This was known as "CONSTITUTION  COMMISSION " and was suppose to work under his instructions.Many points were rejected by him as not satisfying his needs and new points were added on his likes. Constitution was proclaimed in Ist March,1962 but came into force on June 8,1962.It was the date when Martial Law was lifted,all parties were in field and dismissed government restored.

2. Salient Features:

• The parliamentary system of 1956 was replaced with presidential system.President was made strong authority.PM office was abolished.
• President to be elected by elected members of BD.The BD members were raised from eighty thousands to one hundred twenty thousands.
• President was to be Chief Executive and Head of State.He was free to nominate his cabinet members and two provincial governors.They were answerable only to him.They could last until he wants and can be dismissed at any time.
• National Assembly and Provincial Assemblies was made indirect.BD members were to act as the "ELECTROL COLLEGE".
• A Uni-camrel legislature named National Assembly of Pakistan was established.
• No court was declared as was in 1956.
• If any disagreement comes between National assembly and President,then President can refer it to BD members and by referendum it can go head. 

A council was provided to issue code of conduct for judges.Supreme Judicial council having  two senior judges of supreme court,Chief Justice of supreme court and two Judges of High court.

• No fundamental human rights were listed in it.In November 1963 on string public protest ,a list of fundamental human right was included in it.
• No new tax should be levied until National Assembly declare it.

ISLAMIC PROVISIONS:

• "The Republic of Pakistan" was given the status in original text but on strong public protest it was changed to "Islamic Republic of Pakistan" 
• In the "principles of Law Making" should not be against Islamic principles.
• Muslims will be free to live their lives according to Quran and Sun'nah.
• Teaching of Quran and Islamiyat was made compulsory for Muslims.
• Observance of Islamic Moral standards shall be promoted amongst the Muslims of Pakistan.
• Zakat, Auqaf, Masjids shall be fully organized.
• Riba shall be eliminated.
• Pakistan should strengthened his relationship with Muslims countries.
• Elected President should be Muslim.

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