Salient features of Constitution of Pakistan 1973
Definition of Constitution:
"Set of Rules & Regulations on which a state runs is called Constitution"
Constitution of Pakistan 1973:
The constitution of Pakistan consists of
• 280 Article & 7 schedules.
Sources of Constitution of Pakistan 1973
The sources of constitution of Pakistan 1973 are as follows;
•Act of 1935
•Objective resolution
•Constitution of 1956
•Interim constitution of 1972
Salient Features of Constitution of Pakistan
The Constitution of Pakistan, adopted in 1973, outlines the framework and principles upon which the country operates. It provides for a parliamentary democratic system with a federal structure.
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 shall be 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.
The following are the Islamic provisions of 1973 Constitution:
- The Constitution of 1973 also names the country the Islamic Republic of Pakistan.
- Islam is the State Religion of Pakistan.
- Sovereignty belongs to Allah Almighty
- Only Muslims could become the President and Prime Minister of Pakistan.
- Islamic way of life.
- Islamization of laws.
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.
•Prime minister is the head of the
Parliamentary system.
• He is leader of the
Majlis-e-Shoora (Parliamentary).
•He is elected on 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 1973 Constitution the Prime
Minister enjoys wide powers.
6.Bicameral Legislature
The Constitution provides for the
establishment of a bicameral legislature in
Pakistan. The Majlise-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 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.Preamble
Preamble means an introductory part of statue; it is not the part of the constitution. It is stated in it than sovereignty over entire universe belongs to Almighty Allah
11.Rights of Minorities
Rights of Minorities have been protected in the 1973 constitution.
12.Direct Elections
Constitution of Pakistan 1973 has provided method of direct elections to elect members of National Assembly and Provincial Assembly.
13.Rule of Law
The 1973 Constitution establishes rule
of law in Pakistan. According to rule of law no
person can be deprived of his fundamental
rights. All the citizens of Pakistan are equal
before law.
14.Directive Principles of State Policy
Directive Principles of State Policy lay down the basic objectives and future plan of action of the political system. All the government agencies take guidance from these principles. However, their realization depends upon the availability of resources, commitment of the decision makers and the contemporary environment. Hence their violation is not an offence or illegal action. Most of the Islamic provisions of the constitution are part of the directive principles of the state policy especially those dealing with the enforcement of socio-economic justice
At the end note These salient features highlight the foundational principles, structure, and key provisions of the Constitution of Pakistan. It serves as a vital document for governing the country and protecting the rights and interests of its citizens.
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