Allama Iqbal Open University, Islamabad (Department of Pakistan Studies)
Allama Iqbal Open University, Islamabad (Department of Pakistan Studies)
ASSIGNMENT No. 2
2. Federal System
Pakistan is a federation, and the Constitution defines the distribution of powers between the
federal government and the provincial governments.
There are four provinces: Punjab, Sindh, Khyber Pakhtunkhwa, and Balochistan.
The Council of Common Interests (CCI) and National Finance Commission (NFC) are
established to manage federal-provincial relations.
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4. Bicameral Legislature
The Constitution establishes a bicameral legislature:
o National Assembly (Lower House): Represents the people and is directly elected.
o Senate (Upper House): Represents the provinces and is indirectly elected.
This system ensures equal representation of all provinces.
7. Independent Judiciary
The Constitution provides for an independent judiciary, separate from the executive.
The Supreme Court is the highest court, followed by High Courts in provinces and lower
courts.
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The judiciary has the power of judicial review, ensuring that laws do not violate the Constitution.
8. Islamic Provisions
Islamic ideology is deeply embedded in the Constitution. Key provisions include:
o No law shall be made which is repugnant to Islam (Article 227).
o Council of Islamic Ideology (CII) is established to recommend Islamic laws.
o Only a Muslim can be President and Prime Minister.
o Promotion of Islamic way of life, Zakat, and Usher systems.
9. Language Provisions
Urdu is declared as the national language of Pakistan.
However, English may continue as an official language until arrangements are made for Urdu.
Provinces are allowed to promote and use regional languages.
Conclusion:
The 1973 Constitution of Pakistan is a landmark in the political and constitutional history of the country.
It not only laid the foundation of democracy, federalism, and Islamic values, but also provided a
framework for civil liberties, good governance, and rule of law. Despite several military interventions
and amendments, it has remained a symbol of national unity and continues to guide Pakistan's
democratic journey.
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Q.2 Why Pakistan has failed to develop a sustainable constitution, explore the historical
development.
Ans: The failure of Pakistan to develop a sustainable constitution stems from a complex interplay of
historical, political, institutional, and ideological factors. Since its independence in 1947, Pakistan has
struggled to establish a stable constitutional order, experiencing frequent interruptions in democratic
rule, conflicts between civilian and military leadership, and ideological disagreements regarding the
nature of the state—Islamic or secular, centralized or federal.
Below is a detailed exploration of the historical development of Pakistan’s constitutional journey and
the reasons for its instability:
Features
Declared Pakistan an Islamic Republic.
Established a parliamentary system.
Recognized Urdu and Bengali as national languages.
Provided for a federal system, with East and West Pakistan treated as equal provinces.
Failure Reasons
Political instability: Frequent changes in prime ministers.
Bureaucratic and military influence grew stronger.
President Iskander Mirza abrogated the Constitution in 1958, imposing martial law with
General Ayub Khan as the Chief Martial Law Administrator.
Features
Introduced by General Ayub Khan.
Created a presidential system with concentrated executive powers.
Removed the word “Islamic” from the name of the country temporarily.
Introduced Basic Democracies for indirect elections.
Failure Reasons
Seen as undemocratic and centralized.
Ignored the federal character of the state.
Public dissatisfaction grew due to economic inequality and lack of political freedoms.
Ayub Khan handed over power to General Yahya Khan in 1969.
The failure to implement a just constitutional and federal framework led to the secession of
East Pakistan in 1971, which became Bangladesh.
Sheikh Mujibur Rahman’s Awami League won a majority in the 1970 elections, but West
Pakistani elites refused to transfer power.
This crisis exposed the deep flaws in the constitutional structure, military dominance, and
lack of democratic commitment.
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Features
Drafted with consensus under Zulfikar Ali Bhutto.
Declared Pakistan an Islamic Republic.
Established a parliamentary system with a federal structure.
Recognized fundamental rights, independent judiciary, and Islamic provisions (e.g., Council
of Islamic Ideology).
Problems and Amendments
Despite being a major achievement, the Constitution faced repeated suspensions and
amendments:
o Zia-ul-Haq (1977–1988) suspended the Constitution and added many Islamic clauses
(8th Amendment).
o Pervez Musharraf (1999–2008) again suspended the Constitution and made changes
through the 17th Amendment.
A. Military Interventions
Four martial laws (1958, 1969, 1977, 1999) disrupted constitutional governance.
Military often rewrote or amended the Constitution to suit its needs.
B. Weak Democratic Institutions
Political parties have been personality-driven, not institutionally strong.
Frequent changes in governments created an environment of uncertainty.
C. Civil-Military Imbalance
Civilian governments were often undermined by the military, which held sway over foreign
policy, defense, and security matters.
Military-dominated National Security Councils weakened parliamentary oversight.
D. Ethnic and Linguistic Diversity
Balochistan, Sindh, Khyber Pakhtunkhwa, and minority groups felt marginalized.
Lack of genuine provincial autonomy led to resistance and conflict.
E. Religion vs. Secularism
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Debates over Shariah law, blasphemy laws, and minority rights created ideological confusion.
Extremist interpretations vs. democratic values led to constitutional contradictions.
F. Judicial Complicity
The doctrine of necessity was used by courts to justify military coups.
Judiciary failed to assert itself as an independent upholder of the Constitution.
Conclusion
Despite the existence of a constitution since 1973, Pakistan has failed to develop a truly sustainable
constitutional system due to repeated interruptions in democratic processes, dominance of unelected
institutions (especially the military), and ideological conflicts over the role of religion and the distribution
of power between the center and provinces.
The path toward a sustainable constitution requires:
Respect for democratic norms.
Strengthening of institutions.
Civil-military balance.
Genuine federalism.
A commitment to constitutional supremacy and rule of law.
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Q.3 Analyze the structure of the state of Pakistan in the light of 1973 constitution.
Ans: The structure of the State of Pakistan as laid down in the 1973 Constitution is comprehensive,
democratic, and based on Islamic principles. It defines the framework for the organization, powers, and
functioning of the state organs. The Constitution declares Pakistan to be a Federal Republic, and its
structure revolves around three main pillars: the Legislature, the Executive, and the Judiciary, along
with important institutions like the Election Commission and the Council of Islamic Ideology.
Below is a detailed analysis of the structure of the State of Pakistan under the 1973 Constitution:
2. Federal Structure
The federation consists of a Federal Government (Centre) and Provincial Governments.
Division of Powers: The powers and responsibilities of the federal and provincial governments
are defined in:
o Federal Legislative List (Part I and II) – Subjects on which only the National
Assembly can legislate.
o Provincial List – Abolished by the 18th Amendment, giving provinces more autonomy.
o Residuary Powers – Now lie with the provinces (after 18th Amendment).
3. Legislature (Parliament)
Pakistan has a bicameral legislature at the federal level:
i. National Assembly (Lower House)
Elected by the people through general elections.
Represents the population of Pakistan.
Powers:
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o Pass laws
o Approve federal budget
o Elect Prime Minister
o Can initiate and pass money bills
ii. Senate (Upper House)
Represents the provinces equally (ensures federal balance).
Members are elected by provincial assemblies.
Cannot initiate money bills but can debate and suggest amendments.
Importance of Bicameral Legislature:
Ensures provincial representation.
Maintains check and balance.
Promotes national integration.
4. Executive Structure
The executive branch is responsible for implementing laws and running the government. It includes:
i. The President
Ceremonial Head of State.
Elected by an electoral college (Senate, National Assembly, and Provincial Assemblies).
Powers include:
o Appointment of governors, judges, military chiefs
o Dissolving assemblies (subject to conditions)
o Representing Pakistan internationally
Bound to act on the advice of the Prime Minister (Article 48).
ii. The Prime Minister
Head of Government.
Real executive authority lies with the PM.
Elected by the National Assembly.
Leads the cabinet and is responsible for policy making and administration.
iii. Federal Cabinet
Comprises ministers appointed by the President on PM’s advice.
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5. Provincial Structure
Each province has its own government with the following features:
Governor: Appointed by the President, acts as a ceremonial head.
Chief Minister: Elected by the Provincial Assembly, holds executive powers.
Provincial Assembly: Unicameral legislature in each province.
Responsible for provincial legislation, budget, and administration.
Local Governments:
The Constitution encourages devolution of powers to local governments, but implementation
varies by province.
Local bodies deal with grassroots issues (municipal services, primary education, etc.).
6. Judiciary
The judiciary is independent and impartial, and it ensures the supremacy of the Constitution and
protection of fundamental rights.
i. Supreme Court
Apex court of Pakistan.
Headed by the Chief Justice of Pakistan.
Jurisdiction:
o Constitutional (interpret Constitution)
o Appellate
o Advisory (on President’s request)
o Original jurisdiction in federal disputes (Article 184(1)).
ii. High Courts
One in each province.
Handle appeals from lower courts and constitutional issues at the provincial level.
iii. Subordinate Judiciary
District and Sessions Courts
Civil and Criminal Courts at local levels.
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Conclusion
The 1973 Constitution provides a strong framework for the functioning of the State of Pakistan. It
establishes a democratic, federal, and Islamic structure, clearly defining the roles of the Legislature,
Executive, and Judiciary, while ensuring provincial autonomy and citizens' rights. Though challenges
have arisen over the years—such as civil-military imbalance, weak local governments, and constitutional
violations—the structure envisioned in 1973 remains a robust blueprint for a democratic and Islamic
Pakistan.
Q.4 Define the fundamental rights in the content of 1973 constitution in Pakistan.
Ans: In the Constitution of Pakistan 1973, Fundamental Rights are a cornerstone of the legal and
democratic structure of the state. These rights are enshrined in Part II: Chapter 1 (Articles 8 to 28) of
the Constitution and are designed to ensure the protection, dignity, and equality of all citizens. They are
enforceable by the courts and act as a safeguard against arbitrary actions by the state or any authority.
Fundamental rights are those basic human freedoms and liberties that every individual possesses, and
which the state is obligated to protect. These rights are considered essential for the development of an
individual's personality and for maintaining the rule of law, democracy, and justice in society.
According to Article 8(1) of the 1973 Constitution:
“Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights
conferred by this Chapter, shall, to the extent of such inconsistency, be void.”
This means that no law or policy in Pakistan can override or violate the rights guaranteed in this chapter.
Inserted via the 18th Amendment, this article guarantees the right to a fair trial and due process for all
citizens before any judicial or administrative body.
Every citizen shall have the right to enter any lawful profession or trade, and conduct business, subject
to qualification and regulation by law.
No person shall be deprived of property except for public purposes and with compensation.
Prevents unlawful seizure by the state.
1. Protect Individual Liberty – Ensures that the dignity and freedom of every individual are
safeguarded.
2. Establish Rule of Law – Keeps the actions of the government within legal bounds.
3. Prevent Arbitrary Power – Prevents misuse of state authority against citizens.
4. Promote Democracy – Builds a framework where citizens can actively participate in political
and social life.
5. Social Justice – Bridges social gaps and ensures protection for the weak and marginalized.
6. Religious Tolerance – Encourages peaceful coexistence in a multi-religious society.
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Conclusion:
The Fundamental Rights enshrined in the 1973 Constitution of Pakistan form the legal bedrock of
individual freedom, human dignity, and democratic governance. These rights aim to foster a just,
equitable, and progressive society. They are enforceable by courts, and any violation can be challenged
through constitutional petitions under Article 199 (High Court) or Article 184(3) (Supreme Court).
One of the most significant impacts of the 18th Amendment was the reversal of the authoritarian
changes made under military regimes, especially by General Zia-ul-Haq (8th Amendment) and
General Pervez Musharraf (17th Amendment).
President's Powers Curtailed:
o The amendment removed Article 58(2)(b) which allowed the President to dissolve the
National Assembly unilaterally.
o The President’s role became ceremonial, restoring true parliamentary form of
government.
o Powers like appointing the Chief Election Commissioner, Service Chiefs, and Governors
now require consultation with or advice from the Prime Minister.
The 18th Amendment was a landmark in decentralization, significantly empowering the provinces.
Abolition of Concurrent Legislative List:
o The Concurrent List (47 subjects), where both federal and provincial governments had
legislative power, was abolished.
o Around 17 ministries and their subjects were transferred to provinces, including
education, health, environment, culture, and labor.
Increased Provincial Authority:
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o Provinces gained full control over planning, legislation, and execution in many areas.
o Created more ownership and accountability at the provincial level.
Council of Common Interests (CCI):
o Strengthened under Article 153–155.
o It was made more functional and mandatory to meet at least once every 90 days,
ensuring cooperation between the federation and provinces.
The 18th Amendment also aimed at strengthening civil liberties and human rights.
Right to Education:
o Article 25-A was added: "The State shall provide free and compulsory education to
all children of the age of five to sixteen years..."
Right to Information:
o Article 19-A was introduced, giving citizens the right to access information in all
matters of public importance.
Rights for Minorities and Women:
o Affirmed religious freedom and equality.
o Enhanced representation and rights protection for minorities and women.
Judicial Appointments:
o Articles 175-A introduced a new mechanism for appointment of judges through a
Judicial Commission and Parliamentary Committee.
Election Commission:
o Enhanced the autonomy of the Election Commission of Pakistan.
o Appointment of Chief Election Commissioner made subject to parliamentary approval.
Name Change:
o The North-West Frontier Province (NWFP) was renamed Khyber Pakhtunkhwa,
acknowledging ethnic and cultural identity.
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Constitutional Continuity:
o The amendment removed legal cover from all unconstitutional and undemocratic acts
made under emergency rule of 2007 by Gen. Musharraf.
o Article 6 was revised to make high treason more clearly applicable to those abrogating
the Constitution.
While the amendment was a major reform, it was not without challenges:
Capacity Issues at Provincial Level:
o Many provinces lacked the administrative, financial, and human resource capacity to
manage devolved subjects effectively.
Inter-Provincial Coordination:
o The need for greater coordination has increased, especially in education, health, and
water distribution, yet mechanisms are still evolving.
Fiscal Decentralization:
o Although legislative power was devolved, some experts argue that fiscal powers and
resources were not sufficiently aligned, leading to center-province tensions.
Lack of Awareness and Implementation:
o Many rights introduced (like Right to Education) are still under-implemented due to
lack of laws and enforcement mechanisms.
✅ Conclusion:
The 18th Amendment is a milestone in Pakistan’s constitutional and democratic history. It aimed to
reverse decades of centralization and authoritarianism, restore the spirit of the 1973 Constitution,
and promote provincial autonomy, human rights, and parliamentary supremacy.
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