| Constitution of the Islamic Republic of Pakistan | |
|---|---|
 | |
| Overview | |
| Jurisdiction |  Pakistan |
| Created | 20 October 1972; 52 years ago (1972-10-20) |
| Ratified | 10 April 1973; 52 years ago (1973-04-10)[1] |
| Date effective | 14 August 1973; 51 years ago (1973-08-14) |
| System | FederalParliamentaryConstitutionalRepublic |
| Government structure | |
| Branches | Three (Executive, Legislature and Judiciary) |
| Head of state | President of Pakistan |
| Chambers | Bicameral (Senate andNational Assembly) |
| Executive | Prime minister–ledcabinet responsible to thelower house of theparliament |
| Judiciary | Supreme court,high courts anddistrict courts |
| Federalism | Federation |
| Electoral college | Yes, for presidential elections |
| History | |
| Amendments | 26 |
| Last amended | 21 October 2024 |
| Location | Parliament House,Islamabad,Pakistan |
| Commissioned by | Parliament of Pakistan |
| Signatories | 5th Parliament (145 out of 150 members) |
| Supersedes | Constitution of Pakistan, 1962 Legal Framework Order, 1970 |
TheConstitution of Pakistan (Urdu:آئینِ پاکستان ;ISO: Āīn-ē-Pākistān), also known as the1973 Constitution, is the supremelaw of Pakistan. The document guides Pakistan's law, political culture, and system. It sets out the state's outline, the fundamental rights of the population, the state's law and orders, and also the structure and establishment of the institutions and the armed forces.[2] Drafted by the government ofZulfikar Ali Bhutto, with additional assistance from the country'sopposition parties, it was unanimously approved by the5th Parliament on 10 April and ratified on 14 August 1973.[3][4] The first three chapters establish the rules, mandate, andseparate powers of the three branches of the government: abicameral legislature; an executive branch governed by thePrime Minister as chief executive; and an apex federal judiciary headed bySupreme Court.[4] The Constitution designates thePresident of Pakistan as a ceremonialHead of State who is to represent the unity of the state.[5] The first six articles of the constitution outline thepolitical system as afederalparliamentary republic system; as well as Islam as itsstate religion.[6] The Constitution also encapsulates provisions stipulating the legal system's compliance with Islamic injunctions contained in the Quran and Sunnah.[7]
TheParliament cannot make any laws which may be repugnant or contrary to the Constitution; however, the Constitution itself may be amended by atwo-thirds majority in both the houses of the bicameral Parliament, unlike the previous legal documents of1956 and1962.[8] It has beenamended over time, and most recent impulses for politicalupgrades and reforms has been amended. Although enforced in 1973, Pakistan, however, celebrates the adoption of the constitution on 23 March—when thefirst set was promulgated in 1956 each and every year asRepublic Day.[9]Technically there are 26 amendments but 23 amendments were made in constitution and three were not passed by the parliament as the three amendments collapsed.
Currently the promulgated Constitution of Pakistan, in its amended form, stands as the 7th lengthiest constitution of the world with a word count of 56,240 Words.[10]
In a radio talk addressed to the people ofPakistan, broadcast in February 1948,Jinnah expressed his views regarding Pakistan's constitution-to-be in the following way:
The Constitution of Pakistan is yet to be framed by the Pakistan Constituent Assembly, I do not know what the ultimate shape of the constitution is going to be, but I am sure that it will be of a democratic type, embodying the essential principles of Islam. Today these are as applicable in actual life as these were 1300 years ago. Islam and its idealism have taught us democracy. It has taught equality of man, justice and fair play to everybody. We are the inheritors of these glorious traditions and are fully alive to our responsibilities and obligations as framers of the future constitution of Pakistan.
Pakistan was founded in 1947 as a Dominion (an independent realm or kingdom) within the British Commonwealth. The same was true in independent India. During its first few years of existence the British monarch was also Pakistan's head of state, as is still the case inCanada,Australia etc. Before writing a constitution, aConstituent Assembly passed theObjectives Resolution, on the insistence of theulama andJamaat-e-Islami, in March 1949 to define the basic directive principles of the new state and to declare state recognition of the sovereignty of Allah over the universe. The Objectives Resolution affirmed the role of democracy and contained religious provisions to enable society to adhere to the teachings of the Quran and Sunnah. The Objectives Resolution has henceforth been inserted as a preamble into each of Pakistan's subsequent constitutions.[12]
The country became a republic when its first constitution was approved in 1956 but this was abrogated in 1958 after amilitary Coup d'état.[13] Pakistan's second constitution was approved in 1962. It granted executive power to the president and abolished the office of the prime minister. It also institutionalised the intervention of military in politics by providing that for twenty years, the president or the defence minister must be a person who had held a rank not lower than that of lieutenant-general in the army.[14] The 1962 constitution was suspended in1969 and abrogated in 1972.[13]
The 1973 constitution was the first in Pakistan to be framed by elected representatives. Unlike the 1962 constitution it gave Pakistan aparliamentary democracy with executive power concentrated in the office of the prime minister, and the formal head of state—the president—limited to acting on the advice of the prime minister.[14]
The Constitution states that all laws are to conform with the injunctions ofIslam as laid down in theQuran andSunnah.[7] The 1973 Constitution also created certain institutions such as theShariat Court and theCouncil of Islamic Ideology to channel the interpretation and application of Islam.[15]
After another coup d'état in 1977, the constitution was held in abeyance until it was "restored" in 1985 but with anamendment (the Eighth) shifting power from the parliament and Prime Minister to the president. AnotherAmendment (Seventeenth) in 2004 continued this shift, but in 2010, theEighteenth amendment reduced presidential powers, returning the government to aparliamentary republic.[citation needed]
The successfulindependence movement led the establishment ofPakistan, independent from theBritish Raj in 1947. TheBritish Empire divided the Raj into two parts,India andPakistan.[citation needed]
The provisions of theGovernment of India Act, 1935, had greatly influenced the state and served as its basic legal document until 1956. In 1950, Prime MinisterLiaquat Ali Khan authored the firstannexe that would pave a path to the drafting of the Constitution. Elected in 1947, the firstConstituent Assembly drafted and adopted its first constitution in 1956.[citation needed]
Following the adoption of aconstitution in India in 1950, Pakistan's lawmakers were incentified to work on their constitution. Prime MinisterChaudhry Muhammad Ali and his government officials worked with theopposition parties in the country to formulate a constitution for Pakistan.[16]
Finally, the joint work led to the promulgation of the first set of the constitution on 23 March 1956—a day when Pakistan celebrates itsRepublic Day over the adoption of the constitution. The constitution provided forparliamentary form of government with aunicameral legislature.[16] It officially adopted Pakistan as "Islamic Republic" and the principle of parity was introduced. Its features were:
By the Constitution,Iskander Mirza assumed thepresidency but his constant personal involvement innational affairs, contrary to the Constitution, resulted in the dismissal of four electedprime ministers in two years. On 7 October 1958 Mirza staged acoup d'état, imposedMartial law, abrogated the Constitution, and appointed the army chiefGeneral Ayub Khan as the Chief Martial Law Administrator. Shortly afterwards on 27 October 1958,General Ayub Khan deposed Mirza and declared himself president.[17]
General Ayub Khan appointed a Constitution Commission to draft another part of the constitution underChief JusticeMuhammad Shahabuddin.[18] Submitted its considerations on 6 May 1961,Ayub Khan altered the entire version of the constitution which was entirely different from the one recommended byChief JusticeMuhammad Shahabuddin.[18] It was promulgated on 8 June 1962. Main feature of this set was the introduction of thepresidential system and more consolidated powers to thePresident. No further changes were carried out to oppose the 1956 document.[18] Its features includes:
PresidentAyub Khan invitedChief of Army Staff GeneralYahya Khan to enforce themartial law in the country. On assuming the presidency, General Yahya Khan acceded to popular demands by abolishing the one-unit system inWest Pakistan and ordered general elections on the principle ofone man, one vote.[19][20]
Themilitary government and President Yahya himself made no efforts to frame a constitution, aside from issuing theextrajudicial order in 1970.[20] Across the country, the expectations were that aNational Assembly would be set up by holding afree and fair election. To hold the proposed elections, President Yahya promulgated a Legal Framework Order on 30 March 1970 that also spelled out the fundamental principles of the proposed constitution and the structure and composition of the national and provincial assemblies.[20]
In December 1970,nationwidegeneral elections were held simultaneously for both the national and five provincial assemblies. ThenationalistAwami League (AL) secured the mandate ofEast Pakistan but failed to perform in anyfour provinces of Pakistan.[20] The socialistPakistan People's Party (PPP) under the leadership ofZulfikar Ali Bhutto gained a mandate inPunjab andSindh but failed inEast Pakistan,NWFP andBalochistan.
Constitutional crisis grew further when theAL refused to make concessions over itssix points to draft the constitution and instead maintaining that the AL was able to frame a constitution and to form a central government on its own.[20]
ThePPP was not willing to dilute the authority of thefederal government in spite of assuring full provincial autonomy for all theprovinces of Pakistan.[20] Negotiations on framing the work on constitution were held between January and March 1971 between leaders of the PPP, theAL, and themilitary government ofYahya Khan, which turned out to be a failure.[20] Under theLFO, the President was to decide when theNational Assembly was to meet.[20] By 13 February 1971, the President Yahya announced that theNational Assembly was to meet atDhaka on 3 March 1971. By this time the differences between the main parties to the conflict had alreadycrystallized.[20] Over the six-point issue, the PPP was convinced that a federation based on the six points would lead to a feeble confederation in name only and was part of a larger Indian plan to break up and destroy Pakistan.[20] These fears were evidently shared by the military leaders in the west, including President Yahya Khan who had publicly described Sheikh Mujibur Rehman as the 'future Prime Minister of Pakistan' on 14 January 1971. Bhutto announced on 15 February that his party would not attend the National Assembly unless there was 'some amount of reciprocity' from the Awami League. Sheikh Mujib replied at a press conference on 21 February, asserting that "Our stand is absolutely clear. The constitution will be framed on the basis of the six points".[20]
Such an announcement led the PPP to demand the removal of the National Assembly session, or the opening session to be postponed.[20] The PPP threatened to stage a large scalegeneral strike all over the country. Under pressure by the PPP, President Yahya postponed theNational Assembly session on 25 March which came as a shattering disillusionment to theAL and their supporters throughout East Pakistan.[20] It was seen as a betrayal and as proof of the authorities of the Pakistan to deny them the fruits of their electoral victory.[20] This resulted in the outbreak of violence in East Pakistan. The Awami League launched a non-co-operation movement as they virtually controlled the entire province.[20] Due to disturbances inEast Pakistan, no National Assembly session was called and themilitary moved intoEast Pakistan and executedOperation Searchlight.[20] Thecivil disobedience movement turned into an armedliberation movement backed byIndia.
With India successfullyintervening in the conflict, thePakistan militarysurrendered to theIndian military and almost 93,000 military personnel were taken asprisoners of war on 16 December 1971.[20] Demoralized, gaining notoriety in the country, and finding himself unable to control the situation, President Yahya ultimately handed over thenational power to the PPP, of whichZulfikar Ali Bhutto was sworn in on 20 December 1971 as President and as the (first civilian)Chief Martial Law Administrator.[20]
AfterBangladesh wasformed in 1971, thePPP formed the government and partially enacted the1962 constitution.[21] PresidentZulfikar Ali Bhutto called for a constitutional convention and invited the leaders of the allpolitical parties to meet him on 17 April 1972.[21] Leaders and constitutional experts of theIslamic political parties,conservative parties,socialists andcommunist parties were delegated to attend the constitutional convention in 1972.[22]
The law experts, constitutional analysts, and country's reputed clergymen worked on formulating a constitution that they hoped would represent the will and desire of people.[23] Unlike earlier attempts, the convention was not meant for new laws or piecemeal alterations, but for the "sole and express purpose of revising the1956 articles."[23] Also, the convention was not limited to the religion,exigencies of government and the preservation of the State; rather it was intended to maintain delicacy in commerce,finances, issue of loans to federation, andSeparation of powers.[23] Several key ideas of thephilosophy ofJohn Locke and Islamic provisions on civil rights were interchanged in the Constitution.[24][25]
The Constitution ultimately established abicameralParliament, with theNational Assembly as thelower house and theSenate as theupper house.[23] It also established theparliamentary form of government withPrime Minister as itshead of government; the electedNational Assembly genuinely representing the will of the people.[23] The Constitution truly maintained a delicate balance betweentraditionalists andmodernists and reflected heavy compromises on fundamental religious rights in the country.[23] Thefundamental rights, freedoms ofspeech,religion,press,movement,association,thought, andintellectual,life, liberty and property andright to bear arms were introduced in the new Constitution.[22]Islam was declared as the State religion of Pakistan.[22]Geography and border statue of the country was redefined and "Pakistan was to be a Federation of Four Provinces."[22] The Constitution was written in the point of representing the conservativeIslam as well as reflecting a heavy compromise over the religious rights andhumanism ideas, advocated by thePPP.[23]
On 20 October 1972, the draft was revived by all leaders of thepolitical parties and signed the declaration of adopting the Constitution in theNational Assembly on 2 February 1973.[26] Ratified unanimously on 19 April 1973, the Constitution came into full effect on 14 August 1973.[26] On the same day, the successfulvote of confidence movement in theParliament endorsedZulfikar Bhutto as the electedPrime Minister after latter relinquishing thepresidency after appointingFazal-i-Ilahi to that office.[26]
Contrary toConstitution of 1956 andConstitution of 1962, several ideas in the Constitution were new, and guaranteed security to each citizen of Pakistan. First part of the Constitution introduced the definition ofState, the idea of life, liberty and property,individual equality,prohibition ofslavery, preservation oflanguages,right to fair trial, and provided safeguard as to arrest and detention as well as providing safeguards against discrimination in services.[27][28]
Thedue process clause of the Constitution was partly based on the BritishCommon law, as manyfounding fathers and legal experts of the country had followed the British legal tradition.[29] The fundamental rights are supreme in the Constitution and any law that isultra vires the fundamental rights can be struck down by the Apex Courts in their constitutional jurisdiction vested on them under Article 199 of the Constitution.[30]
In contrast to the constitutions ofIndia andBangladesh, the Constitution reflected a heavy compromise over several issues to maintain a delicatebalance of power among the country's institutions. The Constitution defined the role ofIslam;[31] Pakistan was to be a Federation of Four Provinces and shall be known as the Islamic Republic of Pakistan;[32] introduction ofcheck and balances,separation of powers, and provided the federal system under which the government should govern.
TheConstitution established a "BicameralParliament" as a legislative authority that consists of theSenate asUpper house (providing equal provincial representation), andNational Assembly asLower house (providing the will and representation of people).[33][34] The Constitution put stipulation on the eligibility of becomingPresident andPrime Minister that only "Muslim" of not less than forty-five years of age[35] and is qualified for becoming thePrime Minister.[36] No law repugnant to Islam shall be enacted and the present laws shall also beIslamised.[37] The Constitution also introduced a new institution known as the "Council of Common Interests" consisting ofChief Minister of each four provinces and an equal number ofCabinet ministers of theGovernment nominated by the Prime Minister.[38] The Council could formulate and regulate the policy in the Part II of the Legislative List. In case of complaint of interference in water supply by any province the Council would look into the complaint.[citation needed]
Another major innovative introduction in the Constitution is the establishment of the National Finance Commission (NFC) consisting of the Provincial and Finance Ministers and other members to advice on distribution of revenues between the federation and the provinces.[39] The Constitution's first parts introduce the Islamic way of life, promotion of local government, full participation of women in national life, protection of minorities, promotion of social and economic well being of the people, and strengthening the bonds with the Muslim world and to work for international peace.[citation needed]
TheIslamic laws andSharia |
|
Under the Constitution, theFundamental Rights includesecurity of person, safeguards as to arrest and detention, prohibition ofslavery andforced labour,freedom of movement,freedom of association, freedom of speech, freedom toprofess religion and safeguards to religious institutions, non-discrimination in respect of access to public places and in service, preservation oflanguages, script and culture. The judiciary enjoys full supremacy over the other organs of the state. About national languages,Urdu was declared as national languages, andEnglish as official language; all otherlanguages were preserved by the Constitution.[40]
Many key ideas on regarding the role ofIslam in the State that were mentioned in1956 Articles were made part of the Constitution:
The individual Articles of the Constitution are grouped together into the following Parts:
Schedules are lists in the Constitution that categorise and tabulate bureaucratic activity and policy of the Government.
Unlike the previous documents, the Constitution cannot be changed, instead constitutional amendments are passed; altering its effect.[8] Amendments to the Constitution are made through theParliament, where aTwo-thirds majority and voting is required in both houses for a constitutional amendment to take its effect, in accordance to the Constitution.[60] In addition to this, certain amendments which pertain to the federal nature of the Constitution must be ratified by a majority of provincial legislatures.[61]
As of 2019[update], 25 amendments have been made to the Constitution. Among the most important of these are theEighth (1985) andSeventeenth Amendments (2004), which changed the government from aparliamentary system to asemi-presidential system. By far the largest change to the Constitution was theEighteenth Amendment made in 2010 which reversed these expansions of presidential powers, returning the government to aparliamentary republic, and also defined any attempt to subvert, abrogate, or suspend the constitution as an act of high treason.[62] Another significant amendment was the second amendment which declared Ahmadis to be non-Muslims. It was unanimously passed by parliament in 1974.[63]
In these amendments, theTwenty-Fifth amendment incorporated the formerFederally Administered Tribal Areas into the province ofKhyber Pakhtunkhwa.
In 2024, the Twenty-Sixth Constitutional Amendment Act was enacted on October 21st, introducing landmark reforms to Pakistan's judicial system, with a focus on the Supreme Court and High Courts.
Whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust;
And whereas it is the will of the people of Pakistan to establish an order :-
Wherein the State shall exercise its powers and authority through the chosen representatives of the people;
Wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed;
Wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and Sunnah;
Wherein adequate provision shall be made for the minorities freely to profess and practise their religions and develop their cultures;
Wherein the territories now included in or in accession with Pakistan and such other territories as may hereafter be included in or accede to Pakistan shall form a Federation wherein the units will be autonomous with such boundaries and limitations on their powers and authority as may be prescribed;
Therein shall be guaranteed fundamental rights, including equality of status, of opportunity and before law, social, economic and political justice, andfreedom of thought, expression, belief, faith, worship and association, subject to law and public morality;
Wherein adequate provision shall be made to safeguard the legitimate interests of minorities and backward and depressed classes;
Wherein the independence of the judiciary shall be fully secured;
Wherein the integrity of the territories of the Federation, its independence and all its rights, including its sovereign rights on land, sea and air, shall be safeguarded;
So that the people of Pakistan may prosper and attain their rightful and honoured place amongst the nations of the World and make their full contribution towards international peace and progress and happiness of humanity :
Now, therefore, we, the people of Pakistan,
Cognisant of our responsibility before Almighty Allah and men;
Cognisant of the sacrifices made by the people in the cause of Pakistan;
Faithful to the declaration made by theFounder of Pakistan, Quaid-i-Azam Mohammad Ali Jinnah, that Pakistan would be a democratic State based on Islamic principles ofsocial justice;
Dedicated to the preservation of democracy achieved by the unremitting struggle of the people against oppression and tyranny;
Inspired by the resolve to protect our national and political unity and solidarity by creating an egalitarian society through a new order;
Do hereby, through our representatives in the National Assembly, adopt, enact and give to ourselves, this Constitution.
All MNAs[64] from West Pakistan elected in the 1970 general election signed the Constitution exceptMian Mahmud Ali Kasuri (PPP MNA from Lahore-III constituency)Abdul Hayee Baloch (NAP(W) MNA from Kalat-I constituency), Abdul Khaliq Khan (PPP MNA from Mardan constituency), Haji Ali Ahmed Khan (PPP MNA from Hyderabad-IV constituency), and Nizamuddin Haider (CML MNA from Bahawalpur-I constituency).[65]Sahibzada Muhammad Nazeer Sultan (MJUP MNA from Jhang-III constituency) was the last serving member of the National Assembly who was also elected as the Member of National Assembly in the 1970 elections & was one of the last signatories of 1973 Constitution of the Islamic Republic of Pakistan.[66]
Unlike the Constitution of 1956 (in whose creation 23Hindus - 20 fromEast Bengal, 2 fromWest Punjab, 1 fromSindh, 2Christians -Peter Paul Gomez from East Bengal &Cecil Edward Gibbon from West Pakistan & 2 women -Begum Shaista Suhrawardy Ikramullah from East Bengal andShah Nawaz Begum Jahan Ara from West Punjab were involved), the Constitution of 1973 had no representation from theminorities &women.
The constitution proclaims ... that all existing laws shall be brought in accordance with the injunctions of Islam as laid down in the Quran and Sunnah, and no law shall be enacted which is repugnant to such injunctions.
The first important result of the combined efforts of the Jamāʿat-i Islāmī and the ʿulamāʿ was the passage of the Objectives Resolution in March 1949, whose formulation reflected compromise between traditionalists and modernists. The resolution embodied "the main principles on which the constitution of Pakistan is to be based." It declared that "sovereignty over the entire universe belongs to God Almighty alone and the authority which He has delegated to the State of Pakistan through its people for being exercised within the limits prescribed by Him is a sacred trust," that "the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam shall be fully observed," and that "the Muslims shall be enabled to order their lives in the individual and collective spheres in accord with the teaching and requirements of Islam as set out in the Holy Qurʿan and Sunna." The Objectives Resolution has been reproduced as a preamble to the constitutions of 1956, 1962, and 1973.
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{{cite book}}:|work= ignored (help)The 1973 constitution also created certain institutions to channel the application and interpretation of Islam: the Council of Islamic Ideology and the Shariat Court.
constitution of pakistan.
{{cite book}}: CS1 maint: multiple names: authors list (link){{cite book}}: CS1 maint: location missing publisher (link)| Executive branch | | |
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