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Salient Features of The Constitution of Pakistan 1973

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Salient Features of The Constitution of Pakistan 1973

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Salient features of the Constitution of Pakistan 1973

The Constitution of Pakistan, promulgated on August 14, 1973, is the supreme law
of the country. It lays the foundation of Pakistan's political structure, legal system,
and fundamental rights. Here are some of its salient features:

1. Federal System of Government

 Division of Powers: The Constitution establishes Pakistan as a federal


republic, dividing powers between the federal government and the
provinces. It delineates subjects into Federal, Provincial, and Concurrent
Lists (the latter was abolished in the 18th Amendment, enhancing provincial
autonomy).

2. Parliamentary Form of Government

 Bicameral Legislature: The Constitution provides for a parliamentary


system with a bicameral legislature, consisting of the National Assembly
(lower house) and the Senate (upper house).
 Prime Minister: The Prime Minister is the head of government, elected by
the National Assembly, and holds executive authority.
 President: The President is the ceremonial head of state, with specific
powers and duties, and is elected by an electoral college comprising
members of both houses of Parliament and provincial assemblies.

3. Islamic Provisions

 Islam as State Religion: Islam is declared the state religion, and all laws
must be consistent with Islamic injunctions.
 Council of Islamic Ideology: The Constitution establishes this body to
advise the government on ensuring laws conform to Islamic principles.
 Principles of Policy: The state is required to promote Islamic values and
teachings, and the sovereignty over the universe belongs to Almighty Allah
alone.

4. Fundamental Rights and Judicial Review

 Fundamental Rights: The Constitution guarantees a wide range of


fundamental rights, including freedom of speech, equality before the law, the
right to a fair trial, and protection against arbitrary arrest and detention.
 Judicial Review: The judiciary has the power to review laws and
government actions to ensure they do not violate fundamental rights.

5. Independence of Judiciary

 Judiciary Structure: The Constitution establishes an independent judiciary


with the Supreme Court at the apex, followed by High Courts in each
province and lower courts.
 Judicial Powers: The judiciary has the power to interpret the Constitution
and resolve disputes between the federal and provincial governments.

6. Separation of Powers

 Legislative, Executive, and Judiciary: The Constitution clearly delineates


the functions of the three branches of government, ensuring a system of
checks and balances.

7. Provincial Autonomy

 18th Amendment: This amendment significantly enhanced provincial


autonomy by devolving many powers previously held by the federal
government to the provinces.

8. Language

 National Language: Urdu is declared the national language, while English


is used for official purposes until arrangements are made for its replacement
by Urdu.
 Provincial Languages: The Constitution also recognizes the right of
provinces to promote their languages.

9. Emergency Provisions

 Emergency Powers: The Constitution provides the President with the


authority to declare a state of emergency under specific circumstances, such
as war, external aggression, or internal disturbance.

10. Amendment Procedure

 Flexible and Rigid: The Constitution outlines a detailed procedure for


amendments, requiring a two-thirds majority in both houses of Parliament.
Some provisions, particularly those related to the distribution of powers
between the federation and provinces, also require ratification by provincial
assemblies.

11. Constitutional Bodies

 Election Commission: An independent Election Commission is established


to oversee and conduct free and fair elections.
 National Finance Commission (NFC): This body is tasked with
distributing financial resources between the federal government and the
provinces.

12. Directive Principles of State Policy

 These principles are guidelines for the government to ensure the


establishment of a welfare state, including provisions for social justice,
economic equality, and the eradication of illiteracy.

13. Safeguards for Minorities

 The Constitution provides special provisions for the protection and rights of
minorities, ensuring their freedom of religion and cultural expression.

The 1973 Constitution is a living document, having been amended multiple times
to reflect the evolving political, social, and economic landscape of Pakistan.

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