Constitution of Pakistan

The Constitution of Pakistan is the supreme law of the land. It lays down the framework for the country's political system, defining the structure, powers, and responsibilities of the government, as well as the fundamental rights of its citizens. Pakistan has had three constitutions in its history (1956, 1962, and 1973). The current Constitution of Pakistan was enacted on August 14, 1973 .

1. Introduction to the 1973 Constitution

The 1973 Constitution is the current supreme law of Pakistan. It was drafted by the government led by Prime Minister Zulfikar Ali Bhutto and passed unanimously by the National Assembly on April 10, 1973. It came into effect on August 14, 1973 (the 26th anniversary of Pakistan's independence) .

This constitution established a parliamentary democratic system and is considered a landmark achievement as it was the first constitution in Pakistan's history to be agreed upon by all political parties and passed unanimously .

Brief History of Pakistan's Constitutions

2. Key Features of the 1973 Constitution

The 1973 Constitution has several distinctive features that define Pakistan's governance system .

1. Written and Lengthy Constitution

The Constitution of Pakistan is a written document consisting of 280 articles, 12 parts, and several schedules. It is one of the lengthiest constitutions in the world, as it covers a wide range of topics in detail.

2. Parliamentary Form of Government

The constitution establishes a federal parliamentary democratic system where:

• The Prime Minister is the Chief Executive and head of government.
• The President is the head of state but acts on the advice of the Prime Minister.
• The Cabinet is collectively responsible to the National Assembly.
• The Prime Minister must command the confidence of the majority in the National Assembly.

3. Federal System

Pakistan is a federation with a clear division of powers between the central government and provincial governments. The constitution divides subjects into three lists (originally two lists, now under the 18th Amendment, the Concurrent Legislative List was abolished):

• Federal Legislative List: Matters on which only the federal government can legislate (e.g., defense, foreign affairs, currency).
• Provincial Legislative List: Matters on which only provincial governments can legislate (e.g., agriculture, local government, health).
• Residual Subjects: Matters not mentioned in either list, which fall under provincial jurisdiction.

4. Bicameral Legislature

The parliament consists of two houses:

• National Assembly (Lower House): Directly elected by the people.
• Senate (Upper House): Represents the provinces; members are indirectly elected by provincial assemblies.

5. Fundamental Rights

The constitution guarantees fundamental rights to all citizens, including freedom of speech, freedom of religion, right to life, and right to education. These rights are justiciable, meaning citizens can approach the courts for their enforcement .

6. Islamic Provisions

The constitution declares Islam as the state religion and contains several Islamic provisions:

• Article 2: Islam is the state religion of Pakistan.
• Article 227: All existing laws shall be brought in conformity with the injunctions of Islam as laid down in the Quran and Sunnah.
• Council of Islamic Ideology: An advisory body that reviews laws for their compliance with Islamic principles.
• Objectives Resolution: The preamble of the constitution (originally passed in 1949) which embodies the principles on which the state was founded.
• The President and Prime Minister must be Muslims.

7. Independence of Judiciary

The constitution provides for an independent judiciary with the power of judicial review. The court system is headed by the Supreme Court of Pakistan, followed by High Courts in each province and lower courts.

8. Provincial Autonomy (18th Amendment - 2010)

The 18th Amendment (2010) was a landmark constitutional amendment that significantly enhanced provincial autonomy by:

• Abolishing the Concurrent Legislative List (subjects on which both federal and provincial governments could legislate).
• Transferring 47 subjects to the provinces.
• Renaming the North-West Frontier Province (NWFP) to Khyber Pakhtunkhwa.
• Depoliticizing the process of appointing judges.
• Limiting the President's discretionary powers and restoring the Prime Minister's authority as chief executive.

9. Rigidity and Flexibility

The constitution can be amended by a two-thirds majority vote in both houses of parliament (National Assembly and Senate). This makes it neither too rigid (difficult to change) nor too flexible (easy to change). Most amendments require a two-thirds majority, while some affecting provincial boundaries require provincial consent as well .

10. Language Provisions

Article 251 declares Urdu as the national language of Pakistan. However, English may be used for official purposes until arrangements are made for its replacement by Urdu.

3. Fundamental Rights and Principles of Policy

The Constitution of Pakistan (Part II, Articles 8-28) guarantees a set of fundamental rights to all citizens. These rights are justiciable, meaning they can be enforced in a court of law .

Fundamental Rights at a Glance

Principles of Policy (Articles 29-40)

Part II, Chapter 2 of the constitution outlines the Principles of Policy. Unlike Fundamental Rights, these principles are not justiciable (cannot be enforced in court), but they are directive principles for the state to follow in making laws and governing the country. They include:

• Islamic Way of Life (Article 31): Steps shall be taken to enable Muslims to live according to the Quran and Sunnah.
• Promotion of Local Government (Article 32): Encourage local government institutions.
• Parity of Women in Public Life (Article 34): Ensure full participation of women in all spheres of national life.
• Protection of Minorities (Article 36): Safeguard the rights and interests of minorities.
• Promotion of Social and Economic Well-being (Article 37): Promote social justice, eradicate illiteracy, provide free education, secure just working conditions.
• Strengthening Bonds with Muslim World (Article 40): Strengthen fraternal relations among Muslim countries.

4. National and Provincial Government Structure

The 1973 Constitution establishes a federal structure with clear distribution of powers between the federal (central) government and provincial governments .

A. Federal Government Structure

The federal government consists of three main branches: Legislature, Executive, and Judiciary.

1. The Legislature (Parliament/Majlis-e-Shoora)

Pakistan has a bicameral parliament consisting of two houses:

National Assembly (Lower House)

• Total Seats: 336 (as of 25th Amendment and subsequent changes)
• Composition:
  • General Seats: 266
  • Women Seats: 60 (reserved)
  • Non-Muslim Seats: 10 (reserved)
• Term: 5 years (unless dissolved earlier)
• Election: Direct election based on adult franchise (18+ years)
• Presiding Officer: Speaker and Deputy Speaker
• Functions: Legislation, approval of budget, oversight of executive, and forming the government (the party with a majority forms the cabinet).

Senate (Upper House)

• Total Seats: 96
• Composition (as per Article 59):
  • 23 members from each province (14 general, 4 women, 4 technocrats, 1 non-Muslim) - elected by Provincial Assembly
  • 4 members from FATA (now merged with Khyber Pakhtunkhwa after 25th Amendment)
  • 4 members from Islamabad Capital Territory (2 general, 1 woman, 1 technocrat) - elected by National Assembly
• Term: 6 years; half of the members retire every 3 years
• Chairman: Presiding officer of the Senate
• Functions: Represents provinces, reviews legislation (except money bills), and ensures provincial interests are protected.

2. The Executive

President

• Election: Elected by an Electoral College consisting of members of Parliament (both houses) and Provincial Assemblies.
• Term: 5 years
• Qualifications: Muslim, at least 45 years old, qualified to be elected to National Assembly.
• Powers (largely ceremonial):
  • Head of state, but acts on advice of Prime Minister.
  • Appoints the Prime Minister (usually the leader of the majority party in National Assembly).
  • Appoints governors, judges of Supreme Court and High Courts, and the Chief Election Commissioner.
  • Supreme Commander of Armed Forces.
  • Has power to grant pardon.

Prime Minister

• Appointment: Leader of the majority party in the National Assembly; appointed by the President.
• Qualifications: Must be a member of National Assembly.
• Role: Chief Executive; head of government; exercises executive authority; chairs the Cabinet.
• Cabinet: Federal Ministers, Ministers of State, and Advisors appointed by the President on PM's advice; collectively responsible to the National Assembly.

3. The Judiciary

• Supreme Court of Pakistan: Highest judicial body; headed by Chief Justice of Pakistan; has original, appellate, and advisory jurisdiction.
• High Courts: Each province has a High Court (Lahore High Court, Sindh High Court, Peshawar High Court, Balochistan High Court, and Islamabad High Court).
• Federal Shariat Court: Examines laws for conformity with Islamic injunctions.
• District and Sessions Courts: Lower judiciary at district level.

B. Provincial Government Structure

Each of Pakistan's four provinces (Punjab, Sindh, Khyber Pakhtunkhwa, Balochistan) has its own government structure, similar to the federal system but at the provincial level .

1. Provincial Legislature (Provincial Assembly)

• Composition: Directly elected members (general seats) plus reserved seats for women and non-Muslims.
• Seats Distribution (approximate):
  • Punjab: 371 total (297 general, 66 women, 8 non-Muslims)
  • Sindh: 168 total (130 general, 29 women, 9 non-Muslims)
  • Khyber Pakhtunkhwa: 145 total (115 general, 26 women, 4 non-Muslims)
  • Balochistan: 65 total (51 general, 11 women, 3 non-Muslims)
• Term: 5 years
• Functions: Legislation on provincial matters, approval of provincial budget, oversight of provincial government.

2. Provincial Executive

Governor

• Appointment: Appointed by the President on advice of Prime Minister.
• Role: Head of province (ceremonial); acts on advice of Chief Minister.
• Term: At the pleasure of the President (usually 5 years but can be removed earlier).

Chief Minister

• Appointment: Leader of the majority party in Provincial Assembly.
• Role: Chief executive of the province; exercises executive authority; heads the Provincial Cabinet.
• Cabinet: Provincial Ministers appointed by Governor on CM's advice; collectively responsible to Provincial Assembly.

3. Provincial Judiciary

• High Court: Highest judicial body in the province.
• District Courts: Subordinate judiciary at district level.

C. Local Government

Under Article 32 and 140-A of the constitution, provinces are required to establish local government institutions. Local governments include:

• Urban Areas: Metropolitan corporations, municipal corporations, municipal committees, town committees.
• Rural Areas: District councils, tehsil councils, union councils.

Local governments handle grassroots-level administration and development, including sanitation, water supply, local roads, and primary education. The structure and functions vary by province as local government is a provincial subject.

D. Distribution of Powers (Federal vs. Provincial)

After the 18th Amendment (2010), the division of powers became clearer:

• Federal Subjects: Defense, Armed Forces, Foreign Affairs, Currency, Interstate Coordination, National Planning, Census, Nuclear Energy, etc.
• Provincial Subjects: Agriculture, Local Government, Health, Education (except higher education coordination), Environment, Sports, Tourism, etc.
• Council of Common Interests (CCI): A constitutional body (Article 153) comprising the Prime Minister, Chief Ministers, and three federal ministers to resolve disputes between federal and provincial governments.

E. Key Constitutional Amendments (Brief Overview)