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Interim Constitution 1972

The interim constitution of 1972 provided guidelines for running the administration of Pakistan from April 17, 1972 until the adoption of the permanent constitution on August 14, 1973. It established a presidential system of government led by a president who was also the commander-in-chief of the armed forces. It also introduced a parliamentary system of government at the provincial level. Additionally, the interim constitution lifted martial law but retained some martial law regulations and gave the president the power to amend the constitution.

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388 views1 page

Interim Constitution 1972

The interim constitution of 1972 provided guidelines for running the administration of Pakistan from April 17, 1972 until the adoption of the permanent constitution on August 14, 1973. It established a presidential system of government led by a president who was also the commander-in-chief of the armed forces. It also introduced a parliamentary system of government at the provincial level. Additionally, the interim constitution lifted martial law but retained some martial law regulations and gave the president the power to amend the constitution.

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Noor e Ilm
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© © All Rights Reserved
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The interim constitution of 1972

The interim constitution was that provisional document adopted by the national assembly on
17th April and enforced on 21st April 1972 which provided the guideline for running the
administration of the country till 14th Aug 1972 when the permanent constitution of 1973
became operational. The emergency declared by Yahya Khan continued and Bhutto entered
into the corridors of power riding on the horse of martial law. However, the political opposition
could not let him behave dictatorially and tried to rein in his authority. So, a presidential order,
National Assembly (Short Session) Order 1972, authorized the assembly to draft the interim
constitution before the permanent one.

The interim constitution provided for a presidential form of government. The president was
required to be a Muslim of at least 40 years who was also the supreme commander of armed
forces. The president elected for 5 years was assisted by a council of ministers each of which
was required to be a member of the national assembly. It means the constitution afforded a
presidential system with a blend of the parliamentary system as it made the cabinet or the
council of ministers responsible to the parliament. Moreover, the office of the vice-president
was also given. A unicameral legislature empowered to legislate on all matters or subjects
included in the federal and the concurrent lists.

Similarly, in the provinces, a unicameral legislature was provided. The assemblies elected in the
1970’s election were to constitute the provincial assemblies under the interim constitution.
They were empowered to legislate on subjects written in the provincial legislative list and the
concurrent list. Moreover, the parliamentary system was introduced at the provincial levels.
Governor was the head of the provincial executive aided by a council of ministers headed by
the chief minister. The council was collectively responsible to the provincial assembly.

As for Martial law, it was lifted with the enforcement of the interim constitution but some
specified martial law regulations and orders were deemed to have become Acts. The power for
amending the constitution however vested in the president who was empowered to make such
necessary adaptation required to put it into effective operation.

On the day, the interim constitution was adopted by the national assembly a committee for
drafting the permanent constitution was also constituted. Abdul Hafiz Pirzada was the chairman
of this committee. Irrespective of all given difficulties, the permanent constitution was adopted
by the assembly and replaced the interim constitution on 14th Aug 1973.

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