2. INTRODUCTION
When martial law was finally lifted, the Assembly was summoned in April 1972 on the
basis of the 1970 election results in the former West Pakistan region.
A committee was set up from a cross-section of politicians from different parties.
There were disagreements within the committee as to whether the new constitution
should bring in parliamentary rule or a presidential system of government.
3. COMPARISON BETWEEN CONSTITUTION OF 1956,1962 AND
1973
Constitution 1956:
• The Constitution of 1956 provided for parliamentary form of government with a
unicameral legislature.
• The Constitution recognized the concept of One Unit, and the seats were
• divided equally between the two wings of the country. Thus the principle of parity was
introduced.
• For the first ten years, five additional seats were reserved for women for each wing.
• National Assembly was to meet at least twice a year with at least one session at Dhaka.
• The Constitution offered direct elections under adult franchise.
• Every citizen of Pakistan with minimum age of 21 was allowed to vote in the elections.
4. COMPARISON BETWEEN CONSTITUTION OF 1956,1962 AND
1973
Constitution 1962:
• 1962 constitution provided for a federal system with the principle of parity between East
Pakistan and West Pakistan.
• Both the provinces would run their separate provincial governments.
• The President was the head of the state as well as the head of the Government.
• The minimum age was 35 years and he could not hold the position for two consecutive terms
and the term, was of five years.
• The President had the power to appoint Provincial Governors, Federal Ministers, Advocate
General,
• Auditor General and Chairmen and Members of various administrative commissions.
5. COMPARISON BETWEEN CONSTITUTION OF 1956,1962 AND
1973
• Constitution 1973:
• The Constitution was parliamentary in nature.
• President was to be the Head of the State.
• The head of the Government, according to the Constitution, was the Prime Minister.
• The Prime Minister and his Cabinet was accountable to the National Assembly for his actions.
6. SALIENT FEATURES
The principles and state provisions set out in the objective resolution has been made
substantive part
of the constitution. The 1973 Constitution is a written document, very comprehensive and consists
of
twelve parts. These twelve parts says that:
Pakistan shall be a Federal Republic with a Parliamentary system of government. The prime
minister
shall be the head of government, elected from the majority party.
The special position of Islam as the state religion shall be emphasized and both the prime
minister and
president are required to be Muslims.
Pakistan shall be declared an Islamic Republic by default.
7. SALIENT FEATURES
A bill to amend the constitution shall need a two-thirds majority in the lower house
and a majority in the upper house.
All fundamental human rights shall be guaranteed but the stipulation was added that
it was subject to reasonable restrictions imposed by law'.
The Supreme Court and High Courts shall be given the power to enforce
fundamental rights.
The president shall act in accordance with the binding advice of the prime minister,
and all orders of president shall be counter signed by the prime minister.
8. SALIENT FEATURES
The senate, or upper house, shall be elected mostly from the provincial governments and
so, for the first time, the interests of the provinces shall be safeguarded at the center. The
Senate shall not be
dissolved even in emergencies.
In case of emergencies, the federal government can pass legislation on anything and can
even suspend fundamental freedoms.
Urdu shall be the official language of the country, with Pakistani English to be retained for
the next 15 years.
The teaching of holy Quran and Islamiat should be compulsory.
Pakistan shall be a federal Islamic state, so residuary powers shall rest with provinces not
the central government.
9. SALIENT FEATURES
Bill to impose Shariah law as the supreme law of land. The bill was passed by Senate
but could
never be passed by National Assembly owing to the latter's dissolution.
Fixed the interval period between sessions of the National Assembly to not exceed 130
days.
Revision of the reserved seats for women in the National and the provincial
assemblies. The bill
was withdrawn in 1992.
Created Speedy Trial Court for 3 years.
Stripped the President of Pakistan of his reserve power to dissolve the National
Assembly of
Pakistan, and thereby triggering new elections and dismissing the Prime Minister.
10. SALIENT FEATURES
Allowed members of parliament to be dismissed if they defect.
Bill to impose Shariah law as supreme law of land Was never passed.
Increased the term appointed for quota system as per 1973 Constitution from 20 to 40
years.
Made changes dealing with the office of the President and the reversal of the effects of
the Thirteenth Amendment.
Removed the power of President of Pakistan to dissolve the Parliament unilaterally.
11. SALIENT FEATURES
Provided for the appointment of the Judges of the Supreme Court of Pakistan and made
amendments in the number of members of the parliamentary committee for the
appointment of Chief Electoral Officers at Election Commission of Pakistan.
For Free and Fair Elections.
For Speedy Trial Military Courts to deal with terrorism.
ECP powers deputed to Chief Election Commissioner.
12. CONCLUSION
The 1973 constitution enlisted the main principles of state policy.
Maximum efforts were made to improve the character of this constitution.
Like other constitution, 1973 constitution of Pakistan also provides for the protection,
propagation and enforcement of Islamic Ideology.