Structure of 1973 constitution

The 1973 Constitution of Pakistan is the supreme law of Pakistan and provides the framework
for the country's political and legal system. It was passed by the National Assembly on April 10,
1973, and came into effect on August 14, 1973.

Structure of the 1973 Constitution of Pakistan

The Constitution is structured into Parts, Chapters, Articles, and Schedules. As of now, it
contains 280 Articles divided into 12 Parts, along with 7 Schedules.

Breakdown of the Structure

Preamble

●​ Also known as the Objectives Resolution (now part of the Constitution as per Article
2A).​

●​ Declares Pakistan to be an Islamic state with sovereignty belonging to Allah.

Parts and Their Contents

Part I – Introductory (Articles 1–6)

●​ Name of the country, territory, and nature of the state.​

●​ Loyalty to the state and prohibition against high treason.​

Part II – Fundamental Rights and Principles of Policy (Articles 7–40)

●​ Chapter 1: Fundamental Rights (e.g., equality, freedom of speech, religion).​

●​ Chapter 2: Principles of Policy (guiding principles for governance, e.g., Islamic way of
life, promotion of social justice).​

Part III – The Federation of Pakistan (Articles 41–100)

●​ Chapter 1: The President​

 ●​ Chapter 2: The Majlis-e-Shoora (Parliament)​

●​ Chapter 3: Federal Government (Prime Minister and Cabinet)​

●​ Chapter 4: Council of Common Interests​

●​ Chapter 5: National Economic Council​

●​ Chapter 6: Federal Legislative Lists​

Part IV – Provinces (Articles 101–140A)

●​ Governors, Provincial Assemblies, Chief Ministers, and functions of provincial

governments.​

Part V – Relations Between Federation and Provinces (Articles 141–159)

●​ Legislative relations, distribution of revenues, and administrative coordination.​

Part VI – Finance, Property, Contracts, and Suits (Articles 160–174)

●​ Finance (e.g., NFC Award), federal and provincial revenues, borrowing, and audits.​

Part VII – The Judicature (Articles 175–212)

●​ Structure of judiciary: Supreme Court, High Courts, Federal Shariat Court, and other
courts.​

Part VIII – Elections (Articles 213–226)

●​ Election Commission and procedures for national and provincial elections.​

Part IX – Islamic Provisions (Articles 227–231)

●​ Laws to conform to the Quran and Sunnah, establishment of Islamic institutions.

 ​

Part X – Emergency Provisions (Articles 232–237)

●​ Provisions relating to states of emergency and the president’s powers.​

Part XI – Amendment of the Constitution (Articles 238–239)

●​ Procedures for amending the Constitution.​

Part XII – Miscellaneous (Articles 240–280)

●​ Services of Pakistan, Armed Forces, legal proceedings, interpretation, etc.​

Schedules (7 in total)

1.​ First Schedule – Laws exempted from the application of Article 8 (Fundamental Rights).​

2.​ Second Schedule – Oaths of office for various officials.​

3.​ Third Schedule – [Now repealed]​

4.​ Fourth Schedule – Federal Legislative List (Part I and II).​

5.​ Fifth Schedule – Remuneration and privileges of the President, Governors, etc.​

6.​ Sixth Schedule – Laws that cannot be altered without the President’s approval.​

7.​ Seventh Schedule – Distribution of powers between federation and provinces (Federal
and Concurrent Legislative Lists).
Salient Features of Constitution of Pakistan:

The Constitution of 1973 is strikingly different from the earlier Constitution of 1956 and 1962.
It has the following salient features.

1. Written Constitution
Like the previous constitutions of 1956 and 1962 the Constitution of 1973 is a written
document. It is very comprehensive and consists of twelve parts consisting of 280 articles.

2. Introductory and the Objectives Resolution

It commences with an introductory which slates the Islam as a state religion. The
principles
and provisions set out in the Objectives Resolution have been made substantive part of the
constitution.

3. Islamic System
The inclusion of Islamic Provisions has given the 1973 Constitution an unprecedented
Islamic character. It ensures an Islamic system in the country.

4. Rigid Constitution
It is a rigid constitution. No Government can change it at will. It is not easy to make
amendments in it. Two-third majority of both the Houses is required for this purpose.

5. Parliamentary form of Government

The 1973 Constitution proposes a Parliamentary form of Government in the country. The
Prime minister is the head of the Parliamentary system. He is leader of the Majlis-e-Shoora
(Parliamentary). He is elected on a direct adult franchise basis. The Prime Minister selects a
cabinet of central ministers from the members of Parliament which conducts the affairs of the
country. According to the 1973 Constitution the Prime Minister enjoys wide powers.

6. Bicameral Legislature
The Constitution provides for the establishment of a bicameral legislature in Pakistan.
The Majlis e-Shoora (Parliament) consists of two Houses named Senate and National
Assembly. The Senate or the Upper House consists of 63 members (the 8th Amendment has
raised this number to 87).
The National Assembly consists of 200 members (Now this number has been raised to 207). The
Majlis-e-Shoora enjoys wide powers of legislature.
7. Fundamental Rights
The 1973 Constitution ensures the following fundamental rights to the citizens of
Pakistan. Security of person Safeguard against unlawful arrest and detention Prohibition of
slavery and forced labor Freedom of movement Freedom of assembly Freedom of association
Freedom of business Freedom of speech Freedom of profess religion Right to hold property
Equality before law Right to preserve language, script and culture Safeguard against
discrimination in services.

8. Independence of Judiciary
The Constitution stresses upon the establishment of an independent judiciary. Full job
security has been provided. The judges are appointed by the President. They cannot be removed
from service before the end of their term except on the recommendation of the Supreme Judicial
Council. In addition the Judges are paid respectable salaries.

9. National Language
The 1973 Constitution has declared Urdu as the national language of Pakistan. However
English has been retained as the official language for 15 years. Similarly regional languages have
been provided full protection.

10. Rule of Law

The 1973 Constitution establishes rule of law in Pakistan. According to the rule of law
no person can be deprived of his fundamental rights. All the citizens of Pakistan are equal before
law.