The 1973 Constitution Flashcards
Background
Event: Abrogation of the 1962 Constitution on March 25, 1969, led to the second martial law
Transition: Yahya Khan handed over power to Zulfikar Ali Bhutto on December 20, 1971, after the first general elections
Martial Law Continuation: Martial law continued, and no constitution was in place
Interim Constitution: Approved by the National Assembly and enforced on April 21, 1972
Constitution Making
Committee Formation: Constitutional Committee, comprising NA members from all parties, formed in April 1972
Chairman: Law Minister
Agreement: All parties agreed on the future political system in October 1972
Report: Committee reported on December 31, 1972
Approval: Final draft unanimously approved on April 10, 1973
Enforcement: New Constitution enforced on August 14, 1973
Operation Periods:
1973-77: Operational
1977-1985: Suspended
1985-1999: Operational after changes
1999-2002: Suspended
2002 onwards: Operational after changes
Features of the Constitution - Parliamentary System
Prime Minister (PM): Head of government, powerful, with a weak President
President’s Role: Acts on PM’s advice, orders countersigned by PM
PM Election: Elected by the National Assembly
PM Authority: Exercises all executive authority, answerable to the NA
1985 Changes: Increased powers for the President, discretion in PM appointments, dissolve the NA, appoint caretaker PM
President’s Qualifications: At least 45 years old, Muslim, qualified to be a member of the NA
Election Method: Elected by Parliament and Provincial Assemblies for a 5-year term
Features of the Constitution - Parliament
Two Houses: Senate (Upper House) and National Assembly (Lower House)
Senate Composition: Equal representation for provinces, seats reserved for tribal areas, women, and technocrats; original strength 63, later raised to 87 and then 100
Senate Elections: Indirect, permanent house with half members elected after three years
National Assembly Composition: Elected on a population basis, original strength 210, current strength 342
Voting Age: Lowered from 21 to 18
Legislative Powers: Parliament as a powerful legislative body, control over the executive through questions, resolutions, committees
Budget and Cabinet: Budget presented before NA, Cabinet answerable to NA
Features of the Constitution - Federal System
Provinces: Four provinces and federally administered areas
Lists: Federal list and Concurrent list; residuary powers belong to provinces
Governance: Governors appointed by the President on PM’s advice, elected Chief Ministers exercise executive powers
Provincial Assemblies: Varying sizes, dependent on the center for finances
Autonomy: Enough provincial autonomy guaranteed, but a tradition of a strong central government continues
Emergency Powers: Center has emergency powers, Governor’s rule can be imposed if the provincial government cannot function
Features of the Constitution - Principles of Policy
Islamic Provisions: Provided in Principles of Policy, including foreign policy principles
Features of the Constitution - Fundamental Rights
Inclusion: Secured in the constitution and implemented through the highest court
Features of the Constitution - Islamic Provisions
Title of the State: Islamic Republic of Pakistan
Objectives Resolution: Became part of the constitution in 1985 through article 2-A of the 8th amendment
State Religion: Islam declared the State Religion of Pakistan
Definition of Muslim: Included by an amendment
Islamic Clauses in Principles of Policy: Included
Institutions: Council for Islamic Ideology established; Federal Shariat Court added in 1981
Features of the Constitution - National Language
Declaration: Urdu declared National Language
Official Language: English may be used for official purposes until arrangements are made for its replacement by Urdu
Provincial Language: Provincial Assembly may prescribe measures for teaching, promotion, and use of a provincial language
Features of the Constitution - National Security Council
Inclusion: Added in 2002 in an advisory capacity
Features of the Constitution - Judiciary
Judiciary: Independent judiciary given under the constitution
Highest Court: Supreme Court of Pakistan
High Courts: One in each province and one in Azad Kashmir
Lower Courts: A chain of lower courts under the high courts
