The1973 Constitution of Sudan, known at the time as thePermanent Constitution of Sudan, was the first permanent constitution inSudan introduced under the leadership of PresidentGaafar Nimeiry. The constitution explicitly identifiedIslamic law as a primary source of legislation, which was a pivotal shift from previous legal frameworks that had been more secular in nature.^[1] The constitution was enacted in May 1973.^[2]

Gaafar Nimeiry came to power after1969 coup d'état which was in collaboration with theSudanese Communist Party, which saw the end of the Sudan's second democratic era that came after theOctober 1964 revolution. At the beginning, Nimeiry's government would pursue a radicalArab nationalist and leftist program, bringing in a socialist program for social and economic development, including widespread nationalization of private property. His government would also push for an end to theFirst Sudanese Civil War, which by 1969 had been ongoing since 1955.^[3]

The 1973 permanent constitution replaced the1956 Transitional Constitution of Sudan. The first article, of 225 constitution's articles, set the scene by stating that:

TheDemocratic Republic of the Sudan is a unitary, democratic, socialist and sovereign republic, and is part of both the Arab and African entities.

It later acknowledged Christianity and other spiritual beliefs and validated the1972 Addis Ababa Agreement which aimed to shield southern Sudan from northern domination.^[5][6] However, the constitution explicitly identifiedIslamic law as a primary source of legislation (Article 9), which was a pivotal shift from previous legal frameworks that had been more secular in nature.^[7] The constitution also explicitly identifiedArabic as the official country language,^[1] despite southern Sudan objection.^[8][9][10]

TheNimeiry regime (1969–1985) aimed to establish a one-party constitution and supported the1972 Addis Ababa Peace Agreement, endingSudan’s first civil war. However, the agreement was not included in the 1973 Permanent Constitution, making it easy to ignore. While it granted some self-rule to southern states, it left the northern autocratic state unchanged, leading to discontent.^[11] Thus, local governance structures were established to provide some degree of autonomy for theSouthern Sudan Autonomous Region (1972–1983). However, these measures were often seen as insufficient and were met with scepticism by Southern leaders, who felt that the central government was not genuinely committed to a federal system that would allow for meaningful self-governance.^[12] The tensions between the central government and regional authorities would later escalate, culminating inrenewed conflict and ultimately the secession of South Sudan in 2011.

In 1983, Nimeiry imposed Islamic laws, known asSeptember Laws, on the southern states, sparking arenewed civil war led by theSudan People's Liberation Movement/Sudan People's Liberation Army.^[11]

The 1973 Constitution established a framework for a central governance that regulated the distribution of authority among the three levels of government and defined the roles and powers of governmental bodies at each level, which aimed to balance power between the executive and legislative and judicial branches. However, the practical application of these provisions was often undermined by Nimeiry's authoritarian tendencies. The regime's centralisation of power led to the suppression of political dissent and the marginalisation of opposition parties, which ultimately contributed to widespread unrest and dissatisfaction among various segments of the population leading to the1985 coup d'état.^[12]

The constitution was adopted in May 1973 without public participation, centralising power in the President. By 1977, the regime aligned with Islamist elements, further Islamising the legal system.^[11] The First People's Assembly's Speaker and Members were given theMedal of the Constitution for their contribution to the discussion of the constitution draft.^[13]

In addition to its political and legal implications, the 1973 Constitution also had a significant impact on social norms andgender roles withinSudanese society. The emphasis on Islamic law reinforced traditional gender roles and often limitedwomen's rights, particularly in areas such asmarriage,inheritance, and employment. This legal framework contributed to the perpetuation of social barriers that hindered women's participation in public life and economic activities.^[14]

The constitution was the first to safeguard freedom of religion and expression (Part III),^[15] with Article 48 explicitly outlining this right. Article 19, ensure the independency of the academic institutions.^[4]

The 1973 Sudan Constitution values private property for its social benefits, allowing ownership unless it conflicts with public interest. It ensures fair compensation for property confiscation, nationalization, or requisition, but notes that protection of private property is not absolute.^[16]

In April 1985, shortly after the new government took power, theTransitional Military Council suspended the 1973 Constitution and replaced it with theTransitional Constitution of Sudan.^[2] However, the 1973 Constitution laid the groundwork for subsequent constitutional developments in Sudan, including the1998 and2005 constitutions, which sought to address some of the shortcomings of the 1973 framework. However, the foundational issues of governance, regional autonomy, and social equity remained largely unresolved, contributing to ongoing political instability and conflict in the country.^[12]

• Constitutions of Sudan

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