Pakistan’s 1973 Constitution: Features & Significance
Introduction
The 1973 Constitution of Pakistan was adopted on April 12, 1973. This Constitution fully represents the ideology and democratic aspirations of the people of Pakistan. The Constitution is the supreme law of the land and is considered an instrument by which a government can be run. It replaces the basic laws of the state and defines the attributes of both the federal and provincial governments. The Constitution is federal-cum-parliamentary in its characteristics and is based on the principle of trichotomy of power. It is a social contract that binds people, society, and the state to act within its framework.
Sources of the 1973 Constitution of Pakistan
- Act of 1935
- Objective Resolution
- Constitution of 1956
- Interim Constitution of 1972
Salient Features of the 1973 Constitution
Written Constitution
The 1973 Constitution of Pakistan is a written constitution. It comprises 280 Articles and 6 schedules, divided into 12 parts.
Rigid Constitution
The 1973 Constitution of Pakistan is rigid, as the amendment procedure is not easy. It requires a two-thirds majority vote from members of the National Assembly and Senate, along with the assent of the President of Pakistan, for its amendment.
State Religion
The 1973 Constitution of Pakistan declares Islam as the state religion.
National and Official Languages
In accordance with Article 251 of the present Constitution, Urdu has been declared the National Language of Pakistan, while English serves as the official language.
Federal Form of Government
The 1973 Constitution of Pakistan provides for a federal form of government, comprising four provinces and a central government.
Parliamentary Form of Government
A parliamentary form of government has been established by the Constitution.
Direct Elections
The 1973 Constitution of Pakistan provides for direct elections to elect members of the National Assembly and Provincial Assemblies.
Bicameral Legislature
The federal legislature is bicameral, consisting of two houses: the Senate (upper house) and the National Assembly (lower house).
Preamble
The Preamble serves as an introductory part of the statute; it is not an integral part of the Constitution itself. It states that sovereignty over the entire universe belongs to Almighty Allah.
Holding of Referendum
The President of Pakistan is authorized to order a referendum on any issue of national importance.
Single Citizenship
The 1973 Constitution of Pakistan provides for single citizenship.
Independence of Judiciary
An independent judiciary has been established by the 1973 Constitution. The judiciary safeguards the fundamental rights of the people of Pakistan.
Rights of Minorities
The rights of minorities are protected under the 1973 Constitution.
High Treason
The abrogation of the Constitution through unconstitutional means constitutes high treason. It cannot be abrogated by the use of force.
Conclusion
In conclusion, the 1973 Constitution of the Islamic Republic of Pakistan establishes a democratic, parliamentary state with a bicameral legislature. It is a constitution for the elected representatives of the people. All major political parties of Pakistan unanimously accepted it. Minorities also have safeguards and fundamental rights enshrined within this Constitution.