Q.vii Describe the important aspects of the 1973 Constitution.

Ans: Key Aspects of the Constitution of 1973:

1.Preamble:

Like the constitutions of 1956 and 1962, the Objectives Resolution has

been included in the preamble of the constitution of 1973 according to

wch sovereignty belongs to Allah Almighty. The people’s representatives

would use their powers as a sacred trust, within the limits of the Quran and

the Sunnah. It was made a regular part of the 1973 constitution through an

amendment in 1985.

2.Written Constitution:

Like the previous constitutions it is also a written document which comprises

280 articles, 12 sections and 6 judicial records.

3.Federal Constitution:

Like the previous constitutions, Pakistan has been declared a federal state in

the 1973 constitution. The federation of Pakistan consists of four provinces,

Federal capital and adjoining tribal areas which are called FATA (Federally

Administered Tribal Areas) and PATA (Provincially Administered Tribal

Areas).

4.Semi-Rigid Constitution:

It is a semi-rigid constitution. The method of amendment is neither too

difficult nor too easy. A two-thirds majority of the Parliament (National

Assembly and Senate) is required to make an amendment in the

consitution.

5.National Language:

Urdu has been declared the national language. In a period of 15 years

arrangements will be made to implement the status of Urdu as the official

language. During this period English will be used as the official language.

This has not been possible so far.

6.Islamic Constitution:

Islam has been declared as the state religion in the constitution of Pakistan.

It has been declared essential for the President and the Prime Minister to be

Muslims. The official name of the state is the ‘Islamic Republic of Pakistan’. It

encourages the practice of the Islamic mode of life among the citizens. Steps

will be taken to abolish interest. Zakat, Augaf and Ushr will be enforced.

7.Independent Judiciary:

A guarantee has been provided for an independent judiciary. The judges are.

paid handsome salaries and have job security. The judiciary has been

separated from the Executive. The judges will perform their duties without

any fear or pressure.

8.Parliamentary Constitution:

According to the Constitution of 1973, the National Assembly will have a

tenure of five years. The parliamentary form of government was

implemented in the country. The head of the country is the President, and

the Prime Minister is the head of the government. The President is elected

by the Parliament and the Provincial Assemblies, whereas the Prime

Minister is elected by a majority in the National Assembly.

9.Supremacy of Constitution

If any person abrogates the constitution or tries to abrogate it, he will be

charged with high treason and prosecuted accordingly.

1o.Constitutional Institutions:

The constitution of 1973 has set up several institutions like the Council for

Finance

Common Interest, National Economic Council, National

Commission, Election Commission of Pakistan and Federal Ombudsman,

etc. These institutions work within their limits and prefer national interest.

11.Bicameral Legislature:

The parliament will consist of two houses according to 1973 constitution.

The Upper House is called the Senate and the Lower House is the National

Assembly. The provinces have been given equal representation in Senate

and it is a permanent House. Its tenure is of six years. It consists of 104

members. The National Assembly comprises of 342 members. The total

number of the members of the Parliament (Majlis-e-Shoora) is 446.

12.Fundamental Rights:

The citizens have all the fundamental rights. The Parliament and Provincial

Assemblies cannot make any law that negates any fundamental right.