Assignment # 01:

Title: constitution of Pakistan 1973

Submitted by:
Maha Tahreem
Submitted to :
Mam Madeeha
Roll no : 23014160-040
Course code: GE-106
Course name: Pak study
Department of biochemistry and biotechnology
University of Gujrat Hafiz Hayat Campus
Sr # : Content. Page #

1: History of formation of constitution 3

2: Development of constitution 1973. 5

3: Formation of constitution committee 6

4: Introduction to constitution of 1973. 7

5: Parts of constitution 7

6: Preamble 8

7: Summary of articles of constitution 1973 (introductory articles

and fundamental rights and principles of policy). 9

8: Amendments 18
History of the formation of the Constitution:
Due to the conclusion of World War II, the British Imperial Government
provided independence to its Indian colony and, consequently, the
British Parliament approved the Independence Law of India, 1947.
• According to the law, the British crown delivered its sovereign
authority over India and transferred that authority to the newly
formed domains of India and Pakistan on August 14, 1947. The
Law of the Government of India of 1935, which had previously
been the constitution of British India, was reviewed to align it with
the objectives and objectives of independence as established in the
law of 1947.
The combination of these two constitutional documents acted as a
temporary constitutional framework for both nations until their
individual constituent assemblies established their own constitutions.
Following Independence, It Required Three Government Generals,
Four Prime Ministers, Two Constituent Assemblies (1947-1954 and
1955-1956), and ninne years of a drawn-out Constitution-Making
Process to Create The Cruc February 1956), It was rejected by All
Hindu Minority Parties and the Largest Muslim Political Party (The
League Awami) by East Pakistan, which was demographically the
largest province. The absence of consensus between the Ethno
National Groups turned out that the 1956 Constitution could not stop
the political instability that propagated throughout the country after
its promulgation, which finally led to its abrogation and the
imposition of the first martial law in the country on October 7, 1958.
During the period between its enactment and abrogation, four federal
ministers changed. The general military dictator Ayub Khan, who had
seized power, instituted the 1962 Constitution for the country through
an executive order. The current Constitution, established by the Third
Constituent Assembly in 1973, was suspended twice by military
blows led by General Zia-Ul-Haq (1977-1985) and General
Musharraf (1999-2002), and on his "restoration" both in 1985 and
2002, military regimes modified him in ways that fundamentally
altered his federal and federal character. One of those amendments
both occasions was the concession of power to the President to
dissolve the lower house of the Federal Legislature. Con este poder en
posesión de presidentes, un cargo que fue asumido por ambos
dictadores en el momento de la restauración de la Constitución, los
parlamentos resultantes en ambas ocasiones se vieron obligados a
proporcionar validación constitucional a través de la octava y XVII en
enmiendas a los actos de suspensión de la constitución y todas las
otras acciones de los dictadores militares durante el tiempo entre el
tiempo entre el tiempo entre el tiempo entre la suspensión y la
restauración de la constitución. In the processes of constitution
 drafting within the three constituent assemblies of Pakistan (1947-
1954, 1955-1956, 1972-1973), which resulted in the production of the
constitutions of 1956 and (current) 1973, the Islamic character of the
State and federalism emerged as the two controversial issues that
hindered the achievement of consensus between the national ethno
groups with respect to the constitutional framework that has governed
the policy to this point.

The Federal Dialogue in Pakistan has been, and remains, influenced

by two opposite identity visions, expressed by two rival factions. The
centripetal forces, which represent the state elites, have tried to create
a uniform society and a unique national identity, using Islam as a
cohesive force to advance in the creation of a centralized Muslim
nation state, despite the multiethnic and deeply divided nature of
society. On the contrary, the centrifugal forces, which represent the
various ethnic, linguistic, cultural and regional groups, have resisted
the construction initiative of the Nation and the state officially
supported, which makes opposite demands of constitutional
recognition of the multiethnic nature of politics and its inclusion in a
multinational framework within a federal system decentralized. These
contrasting visions have not only shaped the federal dialogue, but
have also influenced the framework of all constitutional documents.
Development of constitution of 1973 :
Steps in the process :
• On April 7, 1972, the National Assembly appointed a committee
to write the Constitution
• On December 30, 1972 to February 1, 1973, the Committee
prepared its report
 • On February 2, 1973, the Committee presented a bill to provide a
constitution
• On April 10, 1973, the National Assembly approved the bill
• On April 12, 1973, the president of the Assembly authenticated
the Constitution
Formation of committee :
The elections were held in 1970 during the Union and the people
who chose became members of the Constituent Assembly (1972-
1973) that created the existing Constitution. The country's
political scenario changed fundamentally after the separation of
Eastern Pakistan (which is now Bangladesh) in 1971. However, no
additional elections and the chosen members of Pakistan
Western were held during the 1970 elections constituted the
Assembly for Pakistan.

With all honesty, the 1973 Constitution was not favored by two
of the four provinces of Pakistan at that time, which are now
known as Khyber Pakhtunkhwa and Baluchistan. The country's
demographic landscape changed significantly after the
separation of Eastern Pakistan, since Punjab became the largest
province, with punjabis exceeding 60% of the total population,
which was greater than all other national groups of ethno
combined of the other three provinces. The Popular Party of
Pakistan (PPP) had the majority of the two largest provinces,
Punjab and Sindh, so they could successfully approve the federal
government and, subsequently, the provincial governments in
those two regions. In the NWFP and Baluchistan, NAP received
 the majority and formed opposition in the Constituent Assembly.
The PPP rejected the cries of the NAP to integrate the NAP
consociational structures into the draft of the Constitution.
Constitution of Pakistan (1973) :
Introduction :
It is the seventh longest constitution in the world. It is composed of
280 articles grouped into 12 parts. 34 amendments have been
made, 10 times for the acts of Parliament and 24 times by
presidential orders, as of 2024 in its age of 21 years (it was adopted
in 1973). In the seventies, within the 4 years of its establishment, 7
acts of amendment for Parliament were approved. It consists of
56240 words. The most recent amendment was in 2018. It was
approved by the National Assembly under the government of
Zulifqar Ali Bhutto.
Parts of the Constitution:
Part -1: Introductory Articles, 1-6 A
Part-2: fundamental rights and principles of politics, 7-40 to
Part 3: The Pakistan Federation 41-100 A
Part 4: Provinces, 101-40 A
Part -5: Relations between the Federation and the Provinces, 141-
159 to
Part -6: Financial Property Contract and Demands, 160-174 to
Part -7: The Judiciary, 175-212 A
Part -8: Elections, 213-226 A
Part -9: Islamic provisions, 227-231 to
Part -10: emergency provisions, 232-237 to
Part-11: amendment of the Constitution, 238-239 to
Part -12: several, 240-280 AKey features :
The Constitution guarantees fundamental rights to all citizens
It protects citizens from retrospective punishment, double
punishment and incriminatory.
Affirms the president as head of state.

THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN

[12TH APRIL, 1973]
Preamble :
The eternity of the universe belongs to Allah Almighty, the authority
that must be exercised by people from Pakistan is a sacred
confidence for him. The State must exercise its authority through the
leaders chosen by people. In doing so, the guiding principles of
tolerance, freedom, social justice and equality prescribed by Islam
will adhere to competently. Muslims should be allowed to
administer their affairs individually and collectively in accordance
with Islam. According to the Constitution, minorities will be free to
profess and exercise their religion and culture. As well as all other
protected rights, equality will be among the fundamental rights that
have been established. The territories of Pakistan and all regions
that can be part of the Federation will not only be automatically
included in Pakistan, but will also make the units autonomous
within the limitations of prescribed power. Sufficient measures are
taken to protect the legitimate interest of the groups represented. In
order for the people of Pakistan to prosper and reach their legitimate
and respected position between the nations of the world, the
constitution of Pakistan to stipulate that the independence of the
territories of the Federation and all their rights, including their
sovereign rights and their land, sea and air according to the
proclamation of Muhammad Ali Jinnaah that Pakistan would be a
democratic state based on Islamic principles of social justice. To
defend our political and national unity and solidarity, we adopt,
promulgate and give the 1973 Constitution through our
representatives in the National Assembly.
Summary of constitution of Pakistan 1973 :
Part 1:
Introductory articles :
1 : The republic and it's territories :
➢ According to the article of the Constitutions, the number 1
Pakistan will be known as the Islamic Republic of Pakistan.
➢ The territories of Pakistan must understand the following
provinces: Baluchistan, Khyber Pakhtunkhwa, Punjab and
Sind, tribal areas and such states and territories are or
perhaps in Pakistan for adhesion or other adhesion.
2:Religion of state :
➢ According to the constitution the state religion of Pakistan
shall be Islam.
3 : Elimination of exploitation :
➢ According to the constitution state and sure the elimination
of all forms of exploitation and fulfilment of fundamental
principles.
4 : Right of individuals to be dealt with in accordance with law:
➢ According to article number 4 every citizen has the right to
legal protection and fair treatment under the law. No action
harming a person’s life, liberty, body, reputation or property
can be taken unless lawful. No one can stop a person from
doing which is not prohibited by the law nor can they be
forced to do anything.
5 : Loyalty to state and obedience to constitution :
➢ One must stay loyal to the state and obey the constitution
and laws regardless of their location.
6 : High treason:
➢ Every individual who illegally nullifies or tries to destroy
constitution through any means is charged with high
treason. And those who assist or collaborate are equally
guilty of treason . According to the article number 6 the
Parliament shall punish the person with charge of high
treason according to law.
Part 2 :
Fundamental rights and principles policy :
7 : state definition :
 ➢ According to article number 7 the state refers to the Federal
government, a provincial government, a provincial assembly
and such local or other authorities in Pakistan as are by law
empowered to impose any tax
8 : Laws inconsistent with all in derogation of fundamental rights
to be void :
➢ Article number 8 safeguards citizens from any law that
overrides their fundamental rights except in specific cases
related to security forces.
9 : Security of a person :
➢ This article ensures no one is deprived of life and liberty.
10 : safeguards as to arrest and detention :
➢ Article 10 products the people from unlawful arresting and
detention.
➢ an individual who is apprehended must be made aware of
the grounds for the arrest and is entitle to seek assistant
from a legal council.
➢ The arrested person must be brought before a majestic
within 24 hours not counting travel time.
➢ The authorities possess their authority to detain a person to
avoid actions that could undermine the security or integrity
of Pakistan.
➢ A person may not be held in detention for a duration
exceeding 3 months.
 ➢ Statutes concerning prevention from detention must be
enacted by parliament guaranteeing due process and
protection from abuse .
11 : Slavery and forced labour :
➢ Any type of slavery or forced labour is prohibited . Children
under the age of 14 cannot be engaged in any harmful labour.
12 : Protection against retrospective punishment :
➢ This article forbid punishment under the law that was not
forced at the time of crime and it also forbids penalty severe
than what is valid.
13 : Protection against double punishment and self incrimination
➢ No one can be prosecuted and punished twice for the same
crime or no one can be tortured for the purpose of getting
evidence.
14 : Inviolability of dignity of man :
➢ The dignity of man and privacy of home should Not be violated
15 : Freedom of movement :
➢ Everyone is free to move within Pakistan a person can settle
wherever he wants within the territory of Pakistan.
16 : freedom of assembly :
➢ Every citizen is free to assemble and organize a party within
possible restrictions.
17 : Freedom of association :
 ➢ Every individual or citizen of Pakistan have the right to Union or
be a member of a political party.
18 : Freedom of trade and business :
Every individual is free to have an occupation to trade or to have a
business.
19 : Freedom of speech :
According to this article every individual have the right to express his
emotions and to speak freely and criticize the leaders in a decent
way.
20 : Freedom to religion and managing religious institutions :
every person have the freedom to profess his her religion or
establish and manage their religious institutions.
21 : protection against taxation for purposes of any particular
religion :
No person is compelled to pay specific or special tax for the
propagation and maintenance of any other religion than his own
religion.
22 : Safeguard as to educational institutions in respect of
religion :
In respect of religious institution there shall be no discrimination
against any religion or no person should be forced in an institution to
follow the religion instructions then his own religion. Any individual
can get admission to any institution of any religion irrespective of his
religion.
23 : Provision as to property :
Every individual have the right to hold or dispose of property.
24 : Protection of property rights :
This article ensures that No one should be deprived of his property
or no one can take possession of someone's land or property
forcefully.
25 A : Equality of citizens :
According to this article all citizens are equal irrespective of basis of
sex or religion.
Right to education :
This article states that the state will provide children with
compulsory education.
26 : Non discrimination in respect of public places :
This article state that any person can access to public places not
intended for religious purposes irrespective of discrimination
against caste,sex ,religion, residence or place of birth.
27 : Safeguard discrimination in services :
This article ensures that No one is discriminated in public or
government sector based employment based on race, caste,etc.and
government must reserve employment position for
underrepresented groups and set qualifications for an employment.
28 : Preservation of language script and culture :
Every individual have the right to preserve or promote his her
language script or culture.
29 : Principles of policy :
This articles and shows that the government must and here to the
principals of policy for the welfare of citizens. The president and
governor are obligated to present their report to their respective
legislature.
30 : Responsibility with respect to principals of policy :
The Article indicates that chords are unable to enforce the
principles of policy as the function as frameworks of governance. it
further designates the duty for executing these principles to the
president and governors.
31 : Islamic way of life :
This article states that citizens must be taught Islamic morals, Holy
Quran and live according to teachings of Islam.
32 :Promotion of local government institutions :
the state shall encourage local government institution and in such
institution special representation will be given to the peasants
workers and women.
33 : Parochial and other similar prejudices to be discouraged :
This article states the state shall discourage parochial racial and all
types of prejudices among the citizens.
34 : Full participation of women in nation life :
This article states that the steps should be taken to ensure
participation of women in all sphere of national life.
35 : Protection of family :
This article states that the state is responsible for protecting the
family, mother and child and the marriages.
36 : Protection of minorities :
This article states that state is responsible for protecting the basic
rights and interest of minorities.
37: Promotion of social justice and eradication of social evil:
This article states that the state is responsible for supporting social
justice and eradication of social evil. This article gives the State
Institute the first social justice by guaranteeing access to education,
health care and fair working conditions for every citizen. It
emphasizes the need to reduce economic and social differences
that often free and compulsory education eliminate illiteracy and
strengthening public health services and strategies to return moral
and social issues such as exploitation and discrimination.
38: Support for social and economic well -being of people:
This article states that the state is obliged to ensure the well -being
of the population by granting and just by allocation of resources. It
should prevent the accumulation of wealth in a limited number of
individuals to remove. Basic needs such as food, clothing, housing,
education and medical assistance must be delivered to those who
need it. The state must only guarantee the working environment and
effective wages for all its citizens. Social security must be available
for individuals who are unable to work because of illness, advanced
age or disability. Particular attention should be paid to the well -
being of orphans and widows. The state must cancel RIBA and
support an economic system based on Islamic principles.
Opportunities for employment and economic development should
be accessible to all. Economic opportunity and discrimination
based on caste, religion, gender must be excluded. The government
is obliged to take the necessary measures for the established affair
and fair society.
39: Participation of people in the armed forces: This article states
that the state shell allows people from all parts of Pakistan to
participate in the armed forces of Pakistan.
40: Strengthening handcuffs with the Muslim world and support
of international peace:
This article states that the state is responsible for strengthening and
maintaining relations between Muslim countries on the basis of
Islamic unity and in sport of common interest and supporting good
will and friendly relations between all nations and supporting
international disputes.
Amendments made in the constitution of Pakistan 1973 :

As of October 2024, the Constitution of Pakistan, initially enacted

in 1973, has received 26 amendments.
These amendments have tackled various elements of
governance, fundamental rights, and the judicial system. Below is
a comprehensive summary of each amendment and the articles
they altered:
1. First Amendment (1974) :
 Redefined the boundaries of Pakistan and eliminated references
to East Pakistan.
2. Second Amendment (1974) :
Declared Ahmadis as non-Muslims by modifying Article 260(3).
3. Third Amendment (1975) :
Expanded the duration of preventive detention from one to three
months by altering Article 10.
4. Fourth Amendment (1975) :
Increased minority representation and limited courts from
granting bail in preventive detention scenarios, influencing Articles
8, 17, 51, 199, and 200.
5. Fifth Amendment (1976) :
Restricted High Courts' jurisdiction
and changed judges' tenures, affecting Articles 179, 195, 246,
and 260.
6. Sixth Amendment (1976) :
Established retirement ages for Supreme Court and High Court
judges at 65 and 62, respectively, by modifying Article 179.
7. Seventh Amendment (1977) :
Allowed the Prime Minister to seek a vote of confidence directly
from the populace, introducing Article 96A.
8. Eighth Amendment (1985) :
Altered the governmental system by granting the
President enhanced powers, including the ability to dissolve
the National Assembly, impacting Articles 48, 58, 90, 91, 101,
105, 112, 116, 130, 144, 152A, 232, 234, 242, and 270A.
9. Ninth Amendment (1985) :
Suggested making Sariah the supreme law; it was approved by
the Senate but not by the National Assembly, hence not enacted.
10. Tenth Amendment (1987) :
Decreased the time frame between National Assembly sessions
from 160 to 130 days by amending Article 54(2).
11. Eleventh Amendment (1989) :
Intended to adjust reserved seats for women; however, it was
withdrawn in 1992 and not enacted.
12. Twelfth Amendment (1991) :
Created Special Courts for serious offenses for three years by
introducing Article 212B.
13. Thirteenth Amendment (1997) :
Eliminated the President's authority to unilaterally dissolve the
National Assembly, affecting Articles 58 and 112.
14. Fourteenth Amendment (1997) :
Strengthened anti-defection regulations, permitting party leaders
to expel members for defection, by amending Article 63A.
15. Fifteenth Amendment (1998) :
Proposed establishing Shariah as the supreme law; it was
approved by the National Assembly but not by the
Senate, therefore not enacted.
16. Sixteenth Amendment (1999) :
Prolonged the quota system for government employment and
educational institutions for another 20 years by modifying Article
27.
17. Seventeenth Amendment (2003) :
Validated executive actions from 1999 to 2003
and reinstated presidential powers, including the dissolution of
the National Assembly, impacting Articles 41, 58, 112, 179, 195,
243, 268, and 270AA.
18. Eighteenth Amendment (2010) :
Significantly curtailed presidential authority, increased provincial i
ndependence, and renamed the North-West Frontier Province to
Khyber Pakhtunkhwa, impacting around 102 articles.
19. Nineteenth Amendment (2010) :
Altered the procedure for selecting judges to the superior
judiciary through amendments to Articles 81, 175A, 182, 213, and
246.
20. Twentieth Amendment (2012) :
Guaranteed free and fair elections by establishing a neutral
caretaker arrangement and enhancing the Election Commission,
affecting Articles 48, 214, 215, 216, 218, 219, 224, 224A, and
225.
21. Twenty-First Amendment (2015) :
Instituted military courts for expedited trials of terrorism suspects
for two years by modifying the preamble and adding Article
175(3).
22. Twenty-Second Amendment (2016) :
Revised the appointment process for the Chief Election
Commissioner and Election Commission members by amending
Articles 213, 215, and 216.
23. Twenty-Third Amendment (2017) :
Lengthened the tenure of military courts for an additional two
years by altering Article 175(3).
24. Twenty-Fourth Amendment (2017) :
Redistributed National Assembly seats according to provisional
results of the 2017 Census by amending Article 51.
25. Twenty-Fifth Amendment (2018) :
Integrated the Federally Administered Tribal Areas (FATA) with
Khyber Pakhtunkhwa province by amending Articles 1, 51, 59, 62,
106, 155, 246, and 247.
26. Twenty-Sixth Amendment (2024) :
Brought forth modifications to
Pakistan's judiciary, concentrating on the Supreme Court and
High Courts, which involved alterations to the selection
procedure of the Chief Justice, through the amendment of Articles
175A and 177.
(These modifications illustrate Pakistan's changing legal and
political environment, tackling matters from judicial reforms and
provincial independence to the equilibrium of authority
among state entities).
Regarding the Constitution of Pakistan (1973), several amendments
have sparked extensive discussion. One particularly contentious
amendment is the 8th Amendment (1985), which conferred significant powers
to the President, thereby undermining the parliamentary system.
Why the 8th Amendment Should Not Have Been Made?
1. Weakened Parliamentary Democracy :
It established Article 58(2)(b), permitting the President to dissolve the National
Assembly at his whim. This transferred authority from the Prime Minister and
Parliament to the President, disrupting the parliamentary framework.
2. Political instability :
This amendment resulted in the frequent ousting of elected governments
(e. g. , Benazir Bhutto in 1990, Nawaz Sharif in 1993), leading to instability in
Pakistan's political environment.
3. Authoritarian Influence :
It was enacted during General Zia-ul-Haq’s martial law, indicating it was not
a genuine democratic amendment
but instead a mechanism to legitimize military governance.
4. Undermined People’s Will :
The amendment provided the President with
excessive control, diminishing the power of elected officials, which weakened
the populace’s voice in governance.
Repeal and Impact :
The 13th Amendment (1997) and 18th Amendment
(2010) subsequently reversed many of
these alterations, reinstating parliamentary supremacy.
Consequently, the 8th Amendment should have never been enacted as
it harmed democracy, weakened elected institutions, and caused instability in
Pakistan’s governance.

Reference :
Constitution of Pakistan 1973 by National assembly modified in 2012 :