Assignment No.

ID No: 0000941133
Name: Nimra Shehzadi
Course: Ideology and Constitution of Pakistan (9378)
Semester: Spring - 2025
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Q.1 Highlight the salient features of the 1973 constitutions of Pakistan.

Answer:

Salient Features of the Constitution of 1973 (Pakistan)

The Constitution of 1973 is the supreme law of Pakistan, passed on 12th April 1973 and
enforced on 14th August 1973. It was drafted under the leadership of Prime Minister Zulfikar
Ali Bhutto and represents the consensus of all political parties of that time. It defines the
structure, powers, and functions of the state and guarantees basic rights to the citizens of
Pakistan.

Below are the main features (salient features) of the 1973 Constitution:

1. Islam as the State Religion

 Islam is declared the official religion of Pakistan.

 No law can be enacted that is repugnant to the teachings of Islam and the Holy Quran
and Sunnah.
 A Council of Islamic Ideology is established to advise on Islamic laws.

2. Federal System

 Pakistan is declared a federation with a clear division of powers between the federal and
provincial governments.
 The constitution provides autonomy to the provinces.

3. Parliamentary Form of Government

 The constitution provides for a parliamentary system.

 The President is the ceremonial head of state.
 The Prime Minister is the real executive authority and head of government.

4. Bicameral Legislature
  The federal legislature is bicameral, consisting of:
o National Assembly (Lower House)
o Senate (Upper House)
 Both houses work together to make laws.

5. Written and Rigid Constitution

 The Constitution is a written document consisting of 280 articles and 7 schedules.

 It is rigid, meaning it can only be amended through a two-thirds majority in the
Parliament.

6. Term of Office

 The term of the National Assembly is 5 years.

 Elections are to be held on the basis of universal adult franchise.

7. Fundamental Rights

 The Constitution guarantees fundamental rights such as:

o Freedom of speech
o Freedom of religion
o Right to equality
o Right to fair trial
 Citizens can go to court if their rights are violated.

8. Independence of Judiciary

 The judiciary is independent of the executive and legislature.

 The Supreme Court is the highest court.
 Judges are appointed on merit and constitutional procedures.

9. Islamic Provisions

 Only a Muslim can be the President or Prime Minister.

 All laws must be in conformity with Islamic injunctions.
 Zakat, Ushr, and other Islamic taxes can be levied.

10. Urdu as National Language

 Urdu is declared the national language of Pakistan.

 English may continue as an official language until Urdu is fully implemented.

11. Democracy and Rule of Law

 The Constitution ensures democracy, rule of law, and sovereignty of the people.
  It promotes human dignity, tolerance, and justice.

12. Equal Citizenship

 All citizens are equal before law regardless of race, religion, caste, or gender.
 Minorities are given religious and cultural freedom.

13. National Security and Integrity

 The Constitution emphasizes national unity, integrity, and defense.

 The armed forces are under the control of the civilian government.

Q.2 Why Pakistan has failed to develop a sustainable constitution, explore the
historical development.

Answer:

Pakistan's struggle to develop a sustainable constitution is rooted in its complex

political history, institutional instability, and power struggles. Here's a detailed analysis of why
Pakistan has failed to develop a sustainable constitution, along with a historical overview of
its constitutional development:

Definition: What is a Sustainable Constitution?

A sustainable constitution is a set of laws that:

 Is widely accepted by the people and institutions,

 Maintains political stability,
 Guarantees rights and rule of law, and
 Works effectively over a long period without being frequently suspended or abrogated.

Historical Development of Pakistan’s Constitution

1. Government of India Act 1935 (Used after 1947)

 Pakistan used this British colonial law temporarily after independence.

 It was never intended to be a permanent constitution.

2. Constitution of 1956

 First constitution, adopted after 9 years of independence.

 Declared Pakistan an Islamic Republic with a parliamentary system.
 Was abrogated in 1958 after martial law was imposed by General Ayub Khan.
3. Constitution of 1962

 Introduced by Ayub Khan (military ruler).

 Established a presidential system, giving vast powers to the president.
 Unpopular and seen as undemocratic.
 Suspended in 1969 and ultimately replaced.

4. Constitution of 1973

 Passed with consensus among political parties.

 Parliamentary democracy was restored.
 Recognized Islam as the state religion and guaranteed fundamental rights.
 However, it too was suspended multiple times (e.g., in 1977 and 1999 by military
regimes).

Why Pakistan Failed to Sustain a Constitution

1. Frequent Military Interventions

 Pakistan has experienced three full-scale martial laws (1958, 1977, 1999).
 Military rulers either abrogated or suspended constitutions.
 This disrupted the democratic and constitutional process.

2. Weak Political Institutions

 Lack of strong, independent parliament and judiciary.

 Frequent dissolution of assemblies and dismissal of elected governments.
 Failure to implement checks and balances.

3. Ethnic and Regional Conflicts

 Disagreements between East and West Pakistan on power sharing led to the 1971
separation of East Pakistan (now Bangladesh).
 Provinces often complained of marginalization and lack of autonomy.

4. Delayed Constitution-Making

 It took 9 years to pass the first constitution (1956) due to conflicts over religion,
language, and representation.
 Delay in constitutional development created political uncertainty.

5. Judicial Role in Validating Military Rule

 Courts introduced the "Doctrine of Necessity", validating military takeovers.

 This weakened constitutional supremacy and encouraged further interventions.
6. Lack of Democratic Culture

 Political parties often failed to practice internal democracy.

 Frequent power struggles among leaders.
 Focus on personal power rather than institutional development.

Consequences of Unsustainable Constitutionalism

 Political instability and lack of democratic continuity.
 Erosion of civil liberties and freedom of speech.
 Weakened rule of law and trust in institutions.
 Poor governance and development delays.

What Can Ensure a Sustainable Constitution in Pakistan?

1. Strengthen democratic institutions (parliament, judiciary, election commission).
2. Ensure civilian supremacy over military.
3. Promote political consensus and dialogue.
4. Respect constitutional limits and avoid misuse of powers.
5. Provide civic education to build constitutional awareness.

Q.3 Analyze the structure of the state of Pakistan in the light of 1973 constitution.

Answer:

Analyzing the Structure of the State of Pakistan in the Light of the 1973
Constitution

The Constitution of 1973 is the cornerstone of Pakistan’s democratic structure. It defines the
framework of the state, outlines the distribution of power, and guarantees the fundamental
rights of citizens. It establishes Pakistan as a federal, parliamentary Islamic republic and
remains the most widely accepted and enduring constitutional document in the country’s history.

1. Form of Government: Parliamentary System

 The 1973 Constitution introduced a parliamentary form of government similar to the

British model.
 Prime Minister is the chief executive and exercises real authority.
 The President is the ceremonial head of state with limited powers.

Example:
The Prime Minister is responsible for all executive actions, while the President acts on the advice
of the PM.
2. Federal Structure

 Pakistan is a federation of four provinces: Punjab, Sindh, Khyber Pakhtunkhwa, and

Balochistan.
 The Constitution recognizes the autonomy of provinces and divides powers between the
federal and provincial governments.

Key Features:

 Federal Legislative List: Subjects for the central government.

 Provincial List (abolished in 18th Amendment): Now provinces have more control.
 Concurrent List (also abolished): Previously shared subjects.

Example:
After the 18th Amendment, health and education became provincial subjects.

3. Legislature: Bicameral Parliament

The Parliament of Pakistan consists of two houses:

i. National Assembly (Lower House)

 Represents the people.

 Members elected directly.
 Responsible for passing money bills, laws, and electing the Prime Minister.

ii. Senate (Upper House)

 Represents the provinces equally.

 Members elected by provincial assemblies.
 Provides balance in legislation to prevent domination by larger provinces.

Example:
Punjab has more MNAs due to population, but in the Senate, all provinces have equal
representation (25 seats each).

4. Executive Structure

i. President

 Elected by Parliament and Provincial Assemblies.

 Performs symbolic duties.
 Can appoint governors, ambassadors, and judges (on PM’s advice).
ii. Prime Minister and Cabinet

 Real authority lies with the Prime Minister and Council of Ministers.
 Responsible to the National Assembly.

Example:
The PM chairs cabinet meetings and makes key decisions on foreign policy, security, and
development.

5. Judiciary

The judiciary in the 1973 Constitution is independent and tasked with ensuring the rule of law
and justice.

Main Bodies:

 Supreme Court (apex court)

 High Courts (one in each province)
 Federal Shariat Court
 Lower/District Courts

Features:

 Can review laws for constitutionality.

 Can interpret the Constitution.
 Guarantees fundamental rights.

Example:
Supreme Court can declare a law or action void if it violates the Constitution.

6. Islamic Provisions

The Constitution emphasizes Pakistan’s Islamic identity.

 Pakistan is an Islamic Republic.

 Islam is the state religion.
 Laws must conform to the Quran and Sunnah.
 A Council of Islamic Ideology advises the Parliament.

Example:
Interest-free banking and blasphemy laws are outcomes of Islamic constitutional directives.

7. Fundamental Rights

The Constitution guarantees basic human rights, including:

  Equality before law
 Freedom of speech, religion, and movement
 Right to education and information
 Protection from discrimination

Example:
Article 25: All citizens are equal before the law.

8. Provincial Governments

Each province has its own:

 Governor (appointed by the President)

 Chief Minister (elected by the provincial assembly)
 Provincial Assembly

They manage provincial matters like agriculture, education, health, and law enforcement.

Example:
Sindh Assembly can pass laws about school curriculum in Sindh.

9. Local Government System

While not fully detailed in the original 1973 Constitution, the 18th Amendment encourages
provinces to form local governments (District, Tehsil, Union Councils) to decentralize power.

Example:
Municipal services like garbage collection and street lighting are handled at the local level.

10. Emergency Provisions

 The President can declare an emergency in case of war, economic crisis, or provincial
breakdown.
 In an emergency, powers may be centralized temporarily.

Example:
Emergency was declared in Balochistan in the 1970s due to internal unrest.

Q.4 Define the fundamental rights in the content of 1973 constitution in Pakistan.

Answer:

Definition of Fundamental Rights

Fundamental rights are the basic freedoms and liberties guaranteed to all citizens by the
Constitution of Pakistan, ensuring human dignity, equality, and justice. These rights are
protected under Part II, Chapter 1 (Articles 8 to 28) of the 1973 Constitution.

They are enforceable by courts, meaning that any citizen can approach the High Court or
Supreme Court if their rights are violated.

Purpose of Fundamental Rights

 To protect individuals from misuse of power by the state or others.

 To ensure freedom, equality, and justice for all.
 To promote social harmony, religious tolerance, and democratic values.
 To uphold the rule of law.

List of Fundamental Rights in the 1973 Constitution

Here are the key fundamental rights guaranteed by the Constitution:

1. Right to Life and Liberty (Article 9)

No person shall be deprived of life or liberty except in accordance with the law.

Example:
A citizen cannot be arrested without legal process.

2. Right to Equality (Article 25)

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

Example:
No one can be discriminated against because of gender, race, or religion.

3. Right to Fair Trial (Article 10-A)

Every citizen has the right to a fair trial by an impartial court.

4. Freedom of Speech (Article 19)

Every citizen has the right to freedom of speech and expression, subject to law and morality.

Example:
People can express their opinions freely, but hate speech is not allowed.

5. Freedom of Religion (Article 20)

Every citizen has the right to profess, practice, and propagate their religion.

Example:
Non-Muslims have the right to worship and celebrate their festivals.

6. Freedom of Assembly (Article 16)

Citizens have the right to assemble peacefully without arms.

7. Freedom of Association (Article 17)

Citizens have the right to form unions or political parties.

8. Freedom of Movement (Article 15)

Every citizen has the right to move freely throughout Pakistan.

9. Right to Education (Article 25-A)

The state shall provide free and compulsory education to all children aged 5–16 years.

10. Right to Information (Article 19-A)

Every citizen has the right to access information in all matters of public importance.

11. Right to Property (Article 23 & 24)

Citizens have the right to acquire, hold, and dispose of property.

12. Safeguards Against Arbitrary Arrest (Article 10)

No person shall be detained without being informed of the reason, and they have the right to
consult a lawyer.

13. Protection from Double Punishment (Article 13)

No person can be punished for the same offense more than once.

14. Right to Dignity and Privacy (Article 14)

The dignity of a person and privacy of the home is inviolable.

Restrictions on Fundamental Rights

While these rights are guaranteed, they are not absolute. The government may impose
reasonable restrictions in the interest of:

 National security
 Public order
 Morality
 Law and order
 Religious harmony

Judicial Protection of Rights

Citizens can file petitions in:

 High Courts (Article 199)

 Supreme Court (Article 184(3))

If any right is denied or violated.

Q.5 Analyze the impacts of 18th amendment on the constitution of Pakistan.

Answer:

The 18th Amendment to the Constitution of Pakistan, passed in April 2010, is one of the most
significant constitutional reforms in the country’s history. It brought major structural changes
by restoring the original parliamentary character of the Constitution and significantly
strengthening provincial autonomy.

Below is a detailed analysis of its impacts on the Constitution of Pakistan:

Overview of the 18th Amendment

 Enacted on: April 8, 2010
 Assented by President Asif Ali Zardari on: April 19, 2010
 Amended over 100 articles of the Constitution.
 Repealed the 17th Amendment and many powers assumed by the President during
military rule.

Key Impacts of the 18th Amendment

1. Restoration of Parliamentary Democracy

 The amendment reduced the powers of the President and made the office ceremonial.
 Powers like dissolving the National Assembly (Article 58(2)(b)) were abolished.
 Real executive authority was returned to the Prime Minister and Parliament.
Impact: Strengthened democratic norms and curbed authoritarianism.

2. Strengthening of Provincial Autonomy

 Abolished Concurrent Legislative List (subjects shared by federal and provincial

governments).
 Over 47 subjects were devolved to provinces, such as:
o Education
o Health
o Environment
o Culture
o Tourism

Impact: Provinces gained greater control over legislation and administration in many sectors,
promoting local decision-making.

3. Renaming of NWFP to Khyber Pakhtunkhwa

 The name was changed to reflect the Pashtun identity of the province.

Impact: Addressed long-standing ethnic and political demands.

4. Formation of the Council of Common Interests (CCI)

 The role of the CCI was expanded to resolve disputes between the Federation and
provinces.
 It was made mandatory to meet at least once every 90 days.

Impact: Provided a stronger institutional framework for inter-provincial coordination.

5. Judicial Independence and Appointments

 Reformed the procedure for judicial appointments through the creation of:
o Judicial Commission
o Parliamentary Committee

Impact: Increased transparency and checks in judicial appointments.

6. Right to Education (Article 25-A)

 Made free and compulsory education a constitutional right for children aged 5 to 16
years.

Impact: Strengthened human rights and aligned Pakistan with international obligations.
7. Reaffirmation of Federalism

 Federal institutions were redefined to ensure a balanced distribution of power.

 Provinces now have a larger role in budget-making and taxation through NFC
Awards.

Impact: Enhanced the federal structure and reduced centralized control.

8. Increased Accountability of Government Institutions

 Inserted new articles related to the autonomy of Election Commission, auditing bodies,
and NAB.

Impact: Promoted transparency and accountability in governance.

Challenges and Criticisms

Despite its benefits, the 18th Amendment also raised several concerns:

1. Capacity Issues in Provinces

 Provinces lack administrative and financial capacity to handle newly devolved sectors
like health and education.

2. Conflicts Over Jurisdiction

 Disputes have arisen over roles and responsibilities between federal and provincial
governments (e.g., in higher education and environment).

3. Uneven Implementation

 Some provinces have been more successful than others in managing devolved subjects,
creating regional disparities.

4. National Unity Concerns

 Critics argue that excessive provincial autonomy could weaken national integration if
not managed carefully.