1973 Constitution — Salient Features

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Topic: Salient features of the 1973 Constitution (Pakistan's current constitution).

Passed under: the government of Zulfikar Ali Bhutto — as President, he gave his assent on 12 April 1973, and by the time it came into force (14 Aug 1973) he had become Prime Minister under it, with Fazal Ilahi Chaudhry as President. See [[Zulfikar Ali Bhutto Era (1971–1977)]] for the full background.

CSS relevance: 🔥 Asked almost every year, in Pakistan Affairs and in Constitutional Law (Law Paper II). It is also an MCQ favourite (dates, articles, ages, seats).

🗓️ Key Dates (MCQ favourite)

• Structure: 280 articles, 12 parts, 7 schedules. Articles such as 2A, 10A, 19A and 25A were added by later amendments.

🗺️ The Salient Features at a Glance

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1. Objectives Resolution as Preamble

The Preamble carries the Objectives Resolution (1949) almost word for word. It states that:

• sovereignty belongs to Allah Almighty
• the state shall exercise its power and authority through the chosen representatives of the people (a republic)
• Muslims shall be enabled to order their lives according to the teachings and requirements of Islam
• the principles of democracy, freedom, equality, tolerance and social justice shall be observed
• minorities shall be free to profess and practise their religion.

(In 1985, the 8th Amendment added Article 2A, making the Objectives Resolution a substantive part of the Constitution.)

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2. Written Constitution

• Like the US Constitution, and unlike the UK's unwritten constitution, the 1973 Constitution is a written document.
• 280 articles, 12 parts and 7 schedules.

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3. Federal Constitution

• Article 1: Pakistan is a Federal Republic, the Islamic Republic of Pakistan.
• It sets up a federal government and federating units: Punjab, Sindh, Khyber Pakhtunkhwa and Balochistan (plus the Islamabad Capital Territory).

The President: the symbol of the federation

• Article 41: the President is the Head of State, and represents the unity of the Republic.
• Qualifications: a Muslim, at least 45 years old, and qualified to be a member of the National Assembly.
• Article 44: term of 5 years.
• Article 47: removal through impeachment (for violating the Constitution, gross misconduct, or physical or mental incapacity).

Powers of the President

Most of these are exercised on the advice of the Prime Minister (Article 48).

⚠️ Article 58(2)(b), the President's discretionary power to dissolve the NA:

• added by the 8th Amendment (1985)

• removed by the 13th (1997)

• restored by the 17th (2003)

• abolished by the 18th Amendment (2010).

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4. Parliamentary Form of Government

• Maximum power lies with the elected Parliament. The Prime Minister is Head of Government and runs day-to-day affairs.

Majlis-e-Shoora (Parliament): bicameral

• Article 50: Parliament = the President + two Houses: the National Assembly (lower) and the Senate (upper).

National Assembly (Article 51)

• 336 seats in total: 266 general, 60 women and 10 non-Muslims.
  • Seat numbers are revised from the latest census, and constituencies are then delimited by the Election Commission.
• Elected directly, on adult franchise.
• Seats are allocated to provinces by population.
• Article 52: term of 5 years, unless dissolved earlier.

Cabinet & Prime Minister (Article 91)

• A Cabinet of Ministers headed by the PM aids and advises the President.
• The Cabinet (with the Ministers of State) is collectively responsible to the National Assembly and the Senate.
• The PM is elected by the National Assembly and must be a Muslim.
• The PM stays in office while he commands the confidence of the NA.
  • If the President believes the PM has lost the majority, he can ask him to take a vote of confidence.
  • A no-confidence motion can also remove him (Article 95).

Senate (Article 59)

• 96 members (after the FATA merger, 25th Amendment). Each province gets equal representation: 23 seats (14 general, 4 women, 4 technocrats/ulema, 1 non-Muslim), plus 4 from Islamabad (ICT).
• Equal provincial representation, unlike the population-based NA.
• Elected indirectly by the provincial assemblies, through proportional representation by single transferable vote.
• It is never dissolved: a permanent house.
  • Members serve 6 years, and half retire every 3 years, which keeps it continuous.

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5. Independent Judiciary

• Article 175: a Supreme Court, a High Court in each province, and an Islamabad High Court.
• Article 175A (18th Amendment, 2010): judges of the Supreme Court, High Courts and Federal Shariat Court are appointed through a Judicial Commission (with a Parliamentary Committee). The executive has no free hand in appointments.
• Retirement age: 65 for Supreme Court judges (Article 179); 62 for High Court judges (Article 195).

Jurisdiction of the Supreme Court

• Article 203C: Federal Shariat Court (established in 1980, under Zia).
• Article 209: Supreme Judicial Council (SJC).
  • It inquires into misconduct or incapacity of superior-court judges.
  • A judge can be removed only through the SJC. The government cannot dismiss judges. It can only send a reference.
• Judicial review:
  • The courts can strike down laws passed against the Constitution as ultra vires / void.
  • They can also strike down executive orders issued against the Constitution.

ℹ️ Recent changes to check: the 26th Amendment (October 2024) reshaped the Judicial Commission, created constitutional benches, and changed how the Chief Justice is chosen. Later amendments have altered the judicial structure further. Always verify the latest constitutional text before the exam.

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6. Rigid Constitution

• Article 239: an amendment needs a two-thirds majority of the total membership of both the National Assembly and the Senate.
• It cannot be changed easily, which makes it a rigid constitution.

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7. Fundamental Rights (Articles 8–28)

• Article 4: the right to be dealt with in accordance with law (rule of law).

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8. Principles of Policy (Articles 29–40)

These are priority areas for the state. They are not enforceable in courts.

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9. Islamic Provisions

• The Preamble declares the sovereignty of Allah.
• Article 1: the name is the Islamic Republic of Pakistan.
• Article 2: Islam is the state religion.
• Article 2A: the Objectives Resolution is a substantive part of the Constitution (1985).
• Articles 41 and 91: the President and the Prime Minister must be Muslims.
• Article 31: the Islamic way of life.
• Article 227: all existing laws to be brought into conformity with the injunctions of Islam (Quran and Sunnah). No law repugnant to them may be enacted.
• Article 228: Council of Islamic Ideology (CII), to advise on bringing laws into line with Islam.
• Article 203C: Federal Shariat Court. It examines whether any law is repugnant to the injunctions of Islam. If so, the law must be amended.
• Article 260(3): the definition of "Muslim" (Second Amendment, 1974).

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10. National Language

• Article 251: Urdu is the national language. (The lecture cites Article 21, but the correct article is 251.)
• English may be used for official purposes until arrangements are made to replace it with Urdu. The original target was within 15 years.
• Provincial languages may be promoted alongside the national language.

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11. Direct Elections

• National Assembly and Provincial Assemblies: direct elections on adult franchise.
• Senate: indirect, elected by the provincial assemblies. The Islamabad seats are elected by the NA.
• President: indirect, elected by an electoral college of both Houses of Parliament plus the four provincial assemblies.
• Prime Minister: elected by the National Assembly.

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📊 Key Figures at a Glance

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⚠️ MCQ Traps

• Passed on 10 April, assent on 12 April, enforced on 14 August 1973.
• The President's minimum age is 45 in 1973 (40 in 1956, 35 in 1962).
• 1973 is the first bicameral constitution. The Senate first appeared in 1973. The 1956 and 1962 constitutions were unicameral.
• The Senate is never dissolved. Its members serve 6 years, with half retiring every 3 years.
• NA seats by population; Senate seats equal for each province.
• Article 2: Islam is the state religion. Article 2A: the Objectives Resolution (added 1985).
• Article 6: high treason (abrogating or subverting the Constitution). This is also often asked.
• Article 25A (education, ages 5–16), 10A (fair trial) and 19A (information) came through the 18th Amendment.
• The Federal Shariat Court (Art 203C) was created in 1980 under Zia, not in 1973.
• Suo motu jurisdiction is under Article 184(3). The SJC is under Article 209.
• The national language is under Article 251, not Article 21.

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✍️ Model Answer Outline

Q. Discuss the salient features of the Constitution of 1973.

1. Introduction:
   • the third constitution, and a consensus document
   • passed 10 Apr, assent 12 Apr, enforced 14 Aug 1973
   • 280 articles, 12 parts, 7 schedules.
2. Features:
   • Objectives Resolution as Preamble (and Art 2A)
   • written
   • federal (Art 1; the President symbolises unity)
   • parliamentary (PM and cabinet responsible to Parliament)
   • bicameral (NA by population, Senate by equality)
   • independent judiciary (SC, HCs, FSC, SJC, judicial review, 184(3))
   • rigid (Art 239)
   • fundamental rights (Arts 8–28)
   • Principles of Policy (Arts 29–40)
   • Islamic provisions (Arts 2, 2A, 31, 227, 228, 203C, 260(3))
   • Urdu as national language (Art 251)
   • direct elections.
3. Evolution: the 8th, 13th, 17th and 18th Amendments; the 18th restored parliamentary supremacy and provincial autonomy. Mention the latest amendments.
4. Conclusion: it survived two suspensions (1977, 1999). It remains the basis of the federation and a symbol of national consensus.

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🧠 Self-Test Questions

1. Give the three key dates of the 1973 Constitution.
2. How many articles, parts and schedules does it have?
3. Why is the 1973 Constitution called federal? What role does the President play?
4. State the President's qualifications, term and main powers, with articles.
5. How is the National Assembly composed? How are its seats distributed?
6. Why is the Senate called a permanent house? How are provinces represented in it?
7. What makes the judiciary independent under the 1973 Constitution?
8. Name the Supreme Court's jurisdictions and their articles.
9. Why is the 1973 Constitution rigid?
10. List ten fundamental rights with their articles.
11. List the Islamic provisions of the 1973 Constitution.
12. Which elections are direct and which are indirect?

⚡ 60-Second Revision

Passed 10 Apr, assent 12 Apr, enforced 14 Aug 1973 • 280 articles, 12 parts, 7 schedules • Objectives Resolution as Preamble (Art 2A 1985) • Written • Federal (Art 1; 4 provinces + ICT) • President: Art 41, Muslim, 45+, 5 years (Art 44), impeachment (Art 47); powers on the PM's advice: pardon 45, summon 54, dissolve 58, ordinances 89, AG 100, AGP 168, CII 228, emergency 232, service chiefs 243 • Parliamentary: PM heads government; cabinet responsible to Parliament (Art 91) • Bicameral (Art 50): NA 336 by population, 5 years (Arts 51–52); Senate 96, equal provinces, 6 years, half every 3 years, never dissolved (Art 59) • Judiciary: Arts 175, 175A, retirement 65/62, 184(1) original, 184(3) suo motu, 185 appellate, 186 advisory, 203C FSC, 209 SJC, judicial review • Rigid: two-thirds of both Houses (Art 239) • Rights Arts 8–28 (9, 10, 10A, 11, 15–20, 19A, 25, 25A) • Policy Arts 29–40 • Islamic: Arts 2, 2A, 31, 41, 227, 228, 203C, 260(3) • Urdu Art 251 • Direct NA/PA; indirect Senate, President, PM

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Next lecture: Zia-ul-Haq's military rule (1977–1988).