Chap# 2: Constitutional Development in Pakistan

S.L.O # 2.1 & 2.2

2.1.1: Define the term constitution;

The basic principles and laws of a nation, state, or social group that determine the powers
and duties of the government and guarantee certain rights to the people in it.
A written instrument embodying the rules of a political or social organization.

2.1.2: Describe the importance of constitution for a state;

A constitution defines and protects citizens' rights from governmental abuse. It also limits
and balances government powers in relation to other players and institutions, thereby
safeguarding minority rights.

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2.2.1: Discuss the key ideas of the speech delivered by Mohammad Ali Jinnah to the
Constituent Assembly on 11 August 1947;
When the Partition of India finally occurred, Jinnah, soon-to-be Governor-General of the
Dominion of Pakistan, outlined his vision of Pakistan in an address to the Constituent

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Assembly, delivered on 11 August 1947.
He spoke of an inclusive and impartial government, religious freedom, rule of law and

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equality for all. Further Quaid emphasized on the importance of the maintenance of law,

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order and timely justice in the newly formed country. Most importantly, he declared that the
life, property and the religious beliefs of every citizen should be protected by the state.
Jinnah termed bribery, corruption, black marketing, nepotism, and jobbery as evils that had
to be eradicated so that the nation could prosper.
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He said “No power can hold another nation, and specially a nation of 400 million souls in
subjection; nobody could have conquered you, and even if it had happened, nobody could
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have continued its hold on you for any length of time but for this.”

2.2.2: Identify the key features of the Objectives Resolution 1949;

The objective Resolution (1949) represented a bold attempt to formulate and spell out the
ideological orientation of the U newly carved out nation. This resolution became imperative
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for all the future Constitutions of Pakistan. The Islamic provision contained in the Objective
Resolution became preamble of each Constitution. Following are the salient features if the
Objective Resolution.
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Salient features of Objective Resolution:

​ Sovereignty over the entire universe belonged to Allah Almighty.
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​ The authority delegated by the Almighty Allah to the elected representatives is a

sacred trust that will be exercised by them in the light of the Holy Quran and the
Sunnah.
​ There will be a Federal system of government in Pakistan.

​ Principles of democracy, equality, freedom and social justice as enunciated by Islam

shall be fully preserved.

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​ Measures will be taken to enable the Muslims to lead their lives in accordance with
the teachings and requirements of Islam.
​ Minorities in Pakistan will be free to perform and practice their religion. They will
also be provided opportunities to develop their culture and civilization.
​ Efforts will be made for the development and progress of the under-developed areas.
Fundamental Rights of the citizens shall be fully safeguarded.
​ Judiciary shall be independent.

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2.2.3: Discuss the significance of Objectives Resolution 1949 in the constitutional
development of Pakistan;
Importance of Objective Resolution:

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The importance of Objective Resolution is that it formed the basis of all the three
Constitutions of Pakistan. Decades had been passed but Objective Resolution had continued

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to be included in the three Constitutions of Pakistan (1956, 1962 and 1973). Besides changes
in the social, economic and political atmosphere of Pakistan, this Resolution has a
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fundamental place in all the Constitutions. The importance of this document lies in the fact
that it combines the good features of Western and Islamic democracy. It is a happy blend of
modernism and Islam.
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Advantages:
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It was the first step towards the constitution making and most important occasion in the life
of Pakistan. In Objective Resolution the Islamic and ideological character of the newly
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established state was preserved. In view of these basic principles, the Objective Resolution
contained fundamental principal on which the future constitution of Pakistan was to be
based.
Criticism:
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The Objective Resolution contained several references to Islam, as it tried to counter

criticism from Ulema that the new government had not made Pakistan a proper Islamic
state, with a constitution based on the Shariat. There was no agreement that how these
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objectives would be implemented. Furthermore, no timetable given for the holding of

elections and drafting of constitution.
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2.2.4: Discuss the factors which delayed the constitution-making process in the initial
years of Pakistan;
The main factors responsible for this long delay in the constitution-making of Pakistan were
as follows:
Immediate problems:
With its establishment, Pakistan had to face more pressing issues that required immediate
redressal. The immediate problems included an influx of refugees, canal water dispute,
Kashmir war, India's denial in giving Pakistan's share of financial and military assets, etc.
1. Refugee problem:

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With Partition, millions of Muslim refugees flooded into Pakistan to escape the ruthless
persecution and massacre in different parts of India. Their accommodation, shelter, clothing,
food, medication had to be ensured before long-term measures were taken for their
permanent settlement.
2. Canal water dispute
On April 1, 1948, India blocked river water coming from Kashmir through Indian territory.
This act of India put the very survival of Pakistan in Jeopardy as it would damage the
agriculture of Pakistan.
3. India's denial to give Pakistan's share of financial and military assets.
When Pakistan came into being, it had a crippled economy and vulnerable security. To make

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things even worse, India did not give an agreed share of Pakistan's military and financial
assets. These and similar other immediate problems left little time and energy to work on
framing a new constitution for Pakistan.

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Issues other than Immediate problems
Death of Quaid e Azam:

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The death of Quaid -i-Azam was one of the reasons for the delay in the constitution- making.

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Quaid had given an outline for the country's future constitution while addressing the first
constituent assembly of Pakistan on August 11, 1947. But he died on September 11, 1948,
before he could give a constitution to his people.
Had he lived longer, he would have resolved the constitutional dilemma by using his
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leadership and non-controversial status.

Disagreement over Parity of Representation:
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The first move towards the constitution-making of Pakistan was the passage of the
Objectives Resolution by the Constituent Assembly on 12 March 1949. After it passed the
resolution, the assembly delegated the task of drawing basic principles to a committee
called the Basic Principles Committee, in light of the set objectives for future
constitution-making.
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The Basic Principles Committee presented its first Report on September 28, 1950, which
recommended parity of representation in the central Assembly. The proposal of this
principle of parity at the center created controversy as the assembly members from East
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Pakistan opposed it. They were of the view that their representation should be more as they
were a majority (56% of the total population) in the new state.
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In contrast to what East Pakistan representatives felt, the West Pakistani politicians did not
want a dominant East Pakistan in the central Assembly. Consequently, no agreement
In contrast to what East Pakistan representatives felt, the West Pakistani politicians did not
want a dominant East Pakistan in the central Assembly. Consequently, no agreement was
reached and the constitution-making process was delayed.
Language issue:
Another proposal the Basic Principles Committee had incorporated in its report was to
declare Urdu the national language of Pakistan. Urdu as the national language was also
opposed by East Pakistani members of the assembly. They demanded to make Bengali the

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S.L.O # 2.1 & 2.2

national language since it was the language of the majority of people. Thus, language
controversy along with the issue of representation at the center caused a type of deadlock in
constitution-making in the country.
Political Rivalry and Corruption:
After the sad demise of the Quaid, Muslim League fell victim to intrigue and disunity. Intense
internal strife and selfishness brought about disintegration in the party. Party fell into the
hands of opportunists who resorted to undemocratic ways and means, indulging in political
mischief and intrigue. Consequently, little attention was paid to constitution- making.
Increasing Influence of West Pakistan dominated Bureaucracy and military
With the death of Prime Minister Liaquat Ali Khan, bureaucrats made inroads to the power

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corridors. A bureaucrat, Ghulam Muhammad was made the Governor-General who did not
hesitate to dismiss elected prime ministers, the constituent assembly thus also paving the
path for retired and in-service military personnel in the politics. He made Sikandar Mirza, a
retired General as Governor-General, appointed Ayub Khan, the Commandant in Chief of the

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Armed forces as defense minister.
West Pakistani politicians, bureaucrats, and generals did not want to give East Pakistan their

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due political and democratic rights. Hence, any proposals made concerning the constitution

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seemed to go against the wishes and expectations of East Pakistan creating a tussle in the
constituent assembly.

2.2.5: Describe the salient features of 1956 Constitution;

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The passage of 1956 constitution was a landmark event of Iskander Mirza's regime. Iskander
Mirza had appointed Ch. Muhammad Ali as Prime Minister and assigned him the task of
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constitution making. The Constituent Assembly passed 9. the Constitution Bill on 29

February 1956. The Constitution formulators tried to satisfy the people of both wings. It was
a compromise between the two most important political parties the Muslim League and
United Front but none was satisfied. The United Front eventually dropped its objection to
equal seats in Assembly. It no longer stressed on provincial autonomy. Bengali was accepted
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as official language along with Urdu. The constitution declared Pakistan an Islamic Republic.
It was confirmed that despite its own constitution, Pakistan could keep its membership of
the British Commonwealth. The constitution consisted of 234 Articles divided into 13 parts.
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The main provisions of the constitution were as follows:

1.​ The name of the country will be Islamic Republic of Pakistan'.
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2.​ All citizens shall have equal rights.

3.​ Independence of judiciary shall be guaranteed.
4.​ The Head of the State shall be a Muslim. He will be over 40 years of age and shall be
elected by the Central and Provincial Assemblies. He shall be elected for two terms
and shall have the right to dissolve the Assembly on the advice of the Prime Minister.
5.​ The President shall appoint the Prime Minister and cabinet members from amongst
the members of the National Assembly.
6.​ The National Assembly shall have an equal number of seats from East and West
Pakistan.

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S.L.O # 2.1 & 2.2

7.​ A Bill passed by the Assembly will have to be assented by the President within 90
days. If he declines a 2/3 majority will be needed to impress upon the President to
give his consent to the Bill.
8.​ The President shall be empowered to issue Ordinances if the Assembly is not holding
session.
9.​ There will be a provincial Assembly in each province. The President shall appoint a
governor in the province.
10.​2/3 majority will be required to amend the constitution.

2.2.6: Discuss the reasons that led to the failure of 1956 Constitution;

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The constitution was criticized on a number of points. The provision of Muslim to be the
Head of the State was heavily criticized. There was no agreement on joint electorate. The
clause declaring Pakistan an Islamic Republic criticized. The 1956 constitution lasted only for
two years and abrogated in Oct. 1958 with the imposition of Martial Law by General

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Muhammad Ayub Khan.
1. One Unit:

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In Pakistan, one unit was established for the convenience of governance. All the Provinces of

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West Pakistan were joined together and made into one unit.
It was thought that it would eliminate the prejudices among Pakistanis but it proved to be a
failure and it also led to the failure of the 1956 constitution.
There were demonstrations in various parts of the country demanding one unit abolition. At
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last, the government had to surrender before the demand, and the one unit was abolished
in 1957.
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2. Electorate Issue:
Another cause for the failure of the 1956 Constitution was the Electoral issue. There was a
deadlock on the determination of the electoral system in the country.
There was also a demand that in East Pakistan there should be a joint electorate system and
in West Pakistan, there should be a separate electorate system.
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This electorate issue played chaos with the political system in the country and as a result,
the 1956 constitution was abrogated and the Martial law was enforced in the country.
3. Unicameralism:
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The 1956 constitution introduced a unicameral legislature. In other words, there was only
one house which was the Upper house.
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This unicameralism also created a lot of problems for Pakistan and the result was quite
obvious. Martial law was imposed in the country
4. Lack of Proper Election:
People were demanding general elections which were promised by the president. But the
ruler of the state never fulfilled their promises which irritated people who started to
demand immediate elections. This non-fulfillment of promises also led to the failure of the
1956 constitution.
5. Misuse of Power:

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The President who was given wide powers under the 1956 constitution misused those
powers given to him by the constitution. President behaved like a kingmaker. This misuse of
powers was one of the causes of the failure of the 1956 constitution.
6. Undue Interference by Head of State:
The head of state interfered unduly in the affairs of the country. Swift political changes in the
country led to the demand for a new constitution.
The head of the state played a very negative role. He adopted different Strategies for the
dismissal of the ministers from their offices. This undue interference on the part of the head
of the state created a situation in which a new constitution had to be introduced.
7. Greed for Power:

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Governor-general Ghulam Muhammad and Prime Minister Nizamuddin were trying to have
an upper hand over the other and they were trying to curtail the power of the other. This
greed for power led the people to distrust their rulers and that was a very strong cause for
the failure of the 1956 constitution.

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8. Role of Army and Bureaucracy:
A country cannot become a developed country unless and until it completes its Democratic

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process. Unfortunately, there is only one people’s government which completed its five
years.
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The Other governments could not complete their period because of either leg-pulling by the
politicians or the intervention of the army which played chaos with the democratic process.
Bureaucracy played an important role in the failure of the 1956 constitution
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9. Lack of Education:
A country can become developed only when its people are well educated and it has a high
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literacy rate. Unfortunately, the people were not well educated and the people were easily
influenced by the demagogues. This lack of education also led to the failure of the 1956
constitution.

2.2.7: Describe the salient features of 1962 Constitution;

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Its salient features were as follows:

Rigidity: Consisting of thirteen schedules and 250 articles, it was a very rigid Constitution,
amendable by at least two-thirds majority of the parliament and that too after
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authentication by the President.

Federal Form of State: The Constitution provided for a federal system with the principle of
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parity between East Pakistan and West Pakistan having their own separate provincial
governments. The responsibilities and authority of the center and the provinces were clearly
listed in the constitution.
Presidential Form of Government: It abolished the office of the prime minister, provided for
a presidential form of government under which the President was to be elected indirectly
from a panel of not more than three candidates by an electoral college consisting of 80,000
local councilors (Basic Democrats) equally distributed between the two provinces.
Unicameral Legislature: The central legislature had one house known as the National
Assembly with 157 members; equality between the two wings was maintained in it. The

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National Assembly was exclusively empowered to legislate for the central subjects. However,
it could legislate on matters falling under provincial jurisdiction. The power to impose taxes
was laid with the central legislature.
Provincial Governments: There were two provincial governments. Each of them was headed
by a governor. He enjoyed powers in the province which the President enjoyed in the centre.
The Governor was empowered to appoint provincial ministers with the sanction of the
President of Pakistan.
Provincial Legislature: Each province was provided with a legislature. It originally consisted
of 150 members. However, later on, this number was increased to 218.
Fundamental Rights: The constitution of 1962 laid down fundamental rights of speech and

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expression, freedom to choose a profession, and freedom to profess religion. With regards
to civil rights, familiar rights such as the rights of life, livery, and property were granted.
Role of Judiciary: The Judiciary was responsible for the interpretation of laws and executive
orders in the light of the principles embodied in a written constitution.

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Supreme Judicial Council: A supreme judicial council consisting of two judges of the
supreme court, chief justice of the supreme court, and two judges of high courts was to be

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established.
Islamic provisions:
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The preamble of the Constitution of 1962 was based on the Objectives Resolution, laid down
simply that the state of Pakistan shall be an Islamic republic under the name of Islamic
Republic of Pakistan'. According to the principles of policy, steps were to be taken to enable
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the Muslims of Pakistan individually and collectively, to order their lives under the
fundamental principles and basic concepts of Islam, and should be provided with facilities
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whereby they may be enabled to understand the meaning of life according to those
principles and concepts.

2.2.8: Discuss the reasons that led to the failure of 1962 Constitution;
Causes of Failure of 1962 Constitution:
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Unpopular Constitution:
First cause for failure of constitution of 1962 was that it was unpopular among the masses. It
did not reflect the true spirits of people. In fact, it was one-man show. Zulfiqar Bhutto called
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it, “Dictatorship under the label of democracy.”

Free from Fundamental Rights:
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Fundamental rights were added in this constitution after first amendment. But it seemed
that it was mere an eye wash. People did not enjoy their fundamental rights. Hence the
constitution failed.
Unicameral System:
Just like the constitution of 1956, system of one house was also a cause for failure of
constitution of 1962.
Limitation of Provincial Autonomy:

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West-Pakistan was made after four provinces were merged into one unit. Due to this step
autonomy of four provinces was shortened. This also became a cause for failure of this
constitution.
Weak Checks and Balances:
Checks and balances in this constitution were not suitable. Due to which constitution did not
possess much power.
Promotion of Secularism:
Ayub Khan was secular in his approach. He promoted some anti-Islamic activities but people
desired for an Islamic constitution. Word “Islamic” was removed from the name of country
in this constitution and it was added after first amendment.

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Desire for Parliamentary Government:
Constitution of 1962 introduced presidential form of government and people did not like
presidential government as they had faced it for ten years. They desired for parliamentary
form of government. This also made constitution unpopular.

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Restrictions over the Political Parties:
Ayub imposed many restrictions over the political parties. They were not allowed to express

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their views and promote their agenda. Thus, they were also against this government and its
policies.
Economic Factor: Z
War of 1965 damaged the economy of country and all achievements were nullified by it.
Economic factor made government and constitution weak. Mujib-u-Rehman said, “He (Ayub)
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misread the sentiments of Kashmiris and launched an ill thought, half backed and
misadvised adventure, for liberation of Kashmiris that back fired.”
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Demand for Four-Provinces:

The constitution merged four provinces into one unit but people of West Pakistan did not
agree with this act. They started demand for four provinces in West Pakistan.
Extra-Ordinary Powers of President:
Constitution of 1962 gave extra-ordinary powers to president. President was just like the
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clock tower of Faisalabad where all bazaars converged at one point. It was also a drawback
of this constitution.
One Party Rule:
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Convention Muslim League was party of Ayub Khan. It was in rule without specific
opposition in assembly. The ruling party used to mold the constitution as they wanted.
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Misuse of Power:
Ayub Khan had absolute power. And Lord Acton said, “Power tends to corrupt and absolute
power corrupts absolutely.”
President misused his powers in the name of constitution.
Concentration of Wealth:
There was rule of 22 families in the country. Concentration of wealth widened the gulf
between rich and the poor.
General Strikes:

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S.L.O # 2.1 & 2.2

Strikes by students, public and political parties destabilized the political situation in country
which also became a cause for failure of this constitution.

2.2.9: Discuss the salient features of 1973 Constitution;

The Chief characteristics of the constitution of 1973:
Democratic Creation:
In contrast with the previous two constitutions, the Constitution of 1973, came into being in
a more democratic manner. The 1962 Constitution was the brain child of one man and his
advisors. It was enforced by Field Marshal Muhammad Ayub Khan through a Martial Law
order. The first Constitution was prepared in 1956 by the second constituent assembly

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whose members were not elected directly by the people. Instead they were elected by the
members of the provincial assemblies. On the Contrary, the 1973 Constitution was prepared
by the directly elected representatives of the people; they framed this constitution after
lengthy discussions, and political negotiations, keeping in view the interests of the whole

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Country.
Federal System:

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Unlike the British Constitution, the Constitution of Pakistan is federal like the American

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Constitution. It comprises four units namely, Baluchistan, NWFP, Sindh and Punjab. It also
includes the Federal Capital (Islamabad) and the Federally Administrated Tribal Areas (FATA).
Bi-Cameral Legislature:
According to the Constitution, the Federal Parliament of Pakistan consists of the Senate and
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the National Assembly. The National Assembly had 207 seats which were distributed among
provinces on the basis of population. The Senate had 63 members 14 seats were reserved
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for each the province while 2 and 5 seats were allocated to the Federal Capital and the Tribal
Areas respectively.
Provincial Autonomy:
The provincial slogans rose during the anti-Ayub movement and the separation of East
Pakistan enhanced the significance of Provincial Autonomy.
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Fundamental Rights:
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Like the earlier two Constitutions of Pakistan, this Constitution also guarantees the
fundamental rights of the people of Pakistan. These rights include equality in the eyes of law,
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freedom of movement, freedom of religion, freedom of profession.

Direct Elections:
Under the constitution of 1973, the parliament is elected directly by the people on the basis
of the principle of adult franchise. In the earlier Constitution, the members of the
parliament were elected by the B.D members but this method was abolished in the 1973
Constitution.
Economic Justice:

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The present Constitution of Pakistan expresses a strong determination to establish economic

justice. It gives wide ranging powers to the government for the elimination of economic
disparity.
The Independence of Judiciary:
The Constitution of 1973, guarantees the protection of the independence of judiciary.
Judges of the Higher Courts are appointed by the President. They cannot be dismissed like
other higher officials. Instead, the Supreme Judicial Council investigates into the matter and
the President alone can dismiss a judge on the basis of the Judicial Council.

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2.2.10: Compare the three constitutions of Pakistan in terms of their nature and features;
Comparison between 1956, 1962 & 1973 Constitution
1956 1962 1973
Constitution Making
23rd March 1956 to 7 October 1958. 8th June, 1962 to 25 March 1969. Enforced on 14th August, 1973.
234 Articles and 6 schedules. 250 articles and 5 schedules.
Written constitution. Written constitution. 280 Articles and 12 schedules.
Written constitution.

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S.L.O # 2.1 & 2.2

Form of Government
Parliamentary form of Government. Presidential form of Government. Parliamentary form of Government.

Referendum
Constitution of 1956 introduced no Introduced an institution known It has authorized President to hold
institution. as referendum in the country. Referendum on my national issue.
P.M: Any important issue.

Methods of Election
Direct Elections Indirect elections Direct elections

Islamic Institutions
There was no such institution in the Constitution of 1962 introduced Council of Islamic ideology.

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Constitution of 1956. two Islamic institution i.e: Federal Shariat Court.
Advisory Council of Islamic Principles of Policy (Islamic clauses).
ideology.
Islamic Research Institutions.

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Executive Powers

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Most of the executive powers were Most of the executive powers PM exerted all executive authorities.
exerted by Prime Minister under vested in the president under the Powers of appointment of care taker Prime
Constitution of 1956. 1962 Constitution.
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List of Subjects
Minister.

Constitution of 1956 contains three Constitution of 1962 provided Two lists were given in the constitution of
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lists of subject i.e Federal, Provincial only two lists of subjects i.e 1973 the powers were reasonable.
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and Concurrent matter. Central and Provincial.

Presidential Powers
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In the constitution of 1956, the Under the constitution of 1962 In the constitution of 1973 the powers
powers were reasonable. introduced president had great were reasonable
power.

Supreme Judiciary Council

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There were no such institute in the This constitution introduced a Supreme Court (Highest Court)
Constitution of 1956. new institution Supreme Judicial One Higher Court (in each province)
Council. One in Azad Kashmir.
Chain of lower courts (under the High c.)
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House of Parliament
No house of parliament, National Unicameral (National Assembly) Two houses named Sanate and National
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Assembly. Assembly.

Fundamental Rights
Civil and political Rights (suspended Ensure the fundamental rights to Ensure the fundamental rights to the
in emergency) the citizens of Pakistan. citizens of Pakistan.

2.2.11: Evaluate the steps taken towards Islamization in Pakistan with reference to 1956,
1962 and 1973 Constitutions;
The Islamic Provision in 1956 Constitution:
The 1956 Constitution designated the country as the Islamic Republic of Pakistan; it decreed
that the President should be a Muslim; it laid down that the laws of the country should be

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brought into conformity with the Holy Quran and the Sunnah; it included a set of directive
principles of state policy, which emphasized steps that would enable Muslims, both
individually and collectively to order their lives in accordance with the Holy Quran and the
Sunnah. It was therefore made clear that beginning of the Islamization process was not
something that was to be imposed from above, but something to be initiated from below.

Sincere efforts were never made to implement 1956 Constitution and established
democratic norms were violated. Consequently, democratic experiment flopped. The failure
of the Constitutional machinery can't be attributed to some inherent defects in the
Constitution, as an ideal type of Constitution; it was the failure of political leadership to

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respond to the democratic requirements. The leaders were the repositories of typical
cultural legacy of the colonial rule. Their main objective was perpetuating their political hold
by all means, fair or foul, they were past masters in changing their political affiliations and
crossing the floor. Consequently, peculiar structure of party politics paved the way for

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establishing the country.

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Islamic Provisions of Constitution 1962:

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1. The name of the country will be "Islamic Republic of Pakistan"
2. An Islamic Advisory Council consisting of 12 persons shall be set up.
3. Sovereignty of God Almighty was re- affirmed in the preamble of the Constitution. It was
also mentioned that authority and powers given to the representatives of people shall be a
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sacred trust of God Almighty.

4. The Islamic Advisory Council shall be set up for three years.
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5. An Islamic Advisory Council shall give suggestions to mould the laws in accordance with
the Islamic principles.
6. The President of Pakistan shall be a Muslim by faith and belief.

Islamic Provisions of Constitution 1973:

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Maximum efforts were made, in the light of the past experience, to make the Constitution of
1973 more Islamic in character than the previous Constitutions. It was emphasized that all
efforts will be made to establish a real Islamic system in all aspects of social life. It was in the
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light of this very objective that greater number of Islamic provisions were laid down in the
Constitution of 1973 which are as follows:
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1. Islam would be the State religion.

2.It was made compulsory for President and Prime Minister to be a Muslim by faith and
belief and to profess faith in the finality of Prophethood.
3. Clear and concise definition of a Muslim was laid down in the Constitution.
4. All laws of the State shall be brought into conformity with the injunctions of Islam.
5. The Government will take all possible steps to impart education of Islamiat and the Holy
Quran.

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6. The President and Prime Minister will take oath of their offices in accordance with the
Constitution and openly express their faith in the Holy Quran and the finality of
Prophethood.
7. Islamic Advisory Council will be set up to recommend ways and means in order to bring
the existing laws of the country in conformity with the Islamic principles.
8. It was emphasised in the Constitution that all steps will be taken to introduce
9. 'Interest Free Banking System' in the country in the light of Islam.
The Constitution of 1973 remained in force for nearly four years. It was, however, suspended
by the then Chief of Staff Pakistan Army, General Muhammad Zia-ul-Haq, who imposed
Martial Law in the country on 5th July, 1979. However, Gen. Muhammad Zia-ul-Haq did not

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abrogate the Constitution of 1973 in all and ran the country with the Constitution and
Martial Law.

2.2.12: Discuss the fundamental rights given in the Constitution of Pakistan 1973;

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The fundamental rights provided under 1973 constitution may be classified as follows:
Right to life and liberty:

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This right is the most important to all fundamental rights. It is the basis of the rule of law. It

Safeguard as to arrest and detention: Z

declares that a person cannot be deprived of his life or liberty except in accordance with law.

Every person who is arrested and detained in custody shall be produced before a Magistrate
within a period of twenty-four hours of his arrest. He has the rights to consult or be
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defended by a lawyer of his choice.

Safeguard against slavery and forced labor:
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The constitution in conformity with the wish of the prophet has declared slavery altogether
illegal. So Slavery is forbidden and all from of forced labor are prohibited under constitution
of 1973. no person can be forced to word against his will and no children below 14 years of
age can be engaged in any labor works.
Protection against retrospective punishment:
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Under the constitution no law, shall authorize the punishment of a person for an act or
omission that was not punishable by law at the time of act or omission.
Freedom of Movement:
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Every citizen of Pakistan shall have the freedom of movement through Pakistan and to reside
and settle in any part of the country.
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Political freedom:
Every citizen of Pakistan not being in the service of Pakistan shall have right to from or be
member of a political party.
Freedom to trade, business and profession:
Every citizen has the right to enter upon any lawful profession or occupation and to conduct
any lawful trade or business.
Freedom to speech:
Every citizen of Pakistan shall have freedom of speech as well as expression. Freedom of
speech and expression is the major fundamental right of the people of Pakistan.

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 Chap# 2: Constitutional Development in Pakistan
S.L.O # 2.1 & 2.2

Freedom to profess religion:

Every citizen of Pakistan shall have right to profess, practice and propagate his religion.
Safeguard against religious taxes:
No person shall be compelled to pay any special tax for the support of propaganda of the
religion other than his own.
Rights to religious institution:
The constitution provides for safeguards in respect of religious educational institution. No
person will be compelled to receive religious instruction in religion other than his own.
Freedom to acquire Property:
The constitution recognizes the institution of private property. It declares that every citizen

ra
has the right to acquire held and dispose of property.
Protection of property rights:
It lays down that no person will be deprived of his property save in accordance with law. This
right protects the citizen against arbitrary expropriation of deprivation of their property,

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except in accordance with law.
Equality of Citizen:

e
All citizens of Pakistan are equal before law and are entitled to equal protection of law.

Z
There is no discrimination on the basis of race, religion, caste and sex.
t
------------------------------------The End-------------------------------------
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