B. Constitution of Pakistan Key features of the 1973 Constitution, Fundamental Rights and Duties, National and Provincial Government Structure
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.
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).
Important: 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.
| Constitution | Enacted | Key Features / Fate |
|---|---|---|
| 1956 Constitution | March 23, 1956 | First constitution of Pakistan; established parliamentary system with Prime Minister as head of government. Abrogated in 1958 when General Ayub Khan imposed martial law. |
| 1962 Constitution | June 8, 1962 | Introduced by General Ayub Khan; established presidential system with indirect elections (Basic Democracies). Abrogated in 1969 when General Yahya Khan imposed martial law. |
| 1973 Constitution | August 14, 1973 | Current constitution; restored parliamentary system; unanimously passed; has undergone amendments but remains in effect. |
The 1973 Constitution has several distinctive features that define Pakistan's governance system.
The Constitution of Pakistan is a written document consisting of:
280 articles
12 parts
Several schedules
It is one of the lengthiest constitutions in the world, covering a wide range of topics in detail.
The constitution establishes a federal parliamentary democratic system where:
| Component | Description |
|---|---|
| Prime Minister | Chief Executive and head of government |
| President | Head of state; acts on advice of Prime Minister |
| Cabinet | Collectively responsible to National Assembly |
| Confidence | Prime Minister must command majority confidence in National Assembly |
Pakistan is a federation with a clear division of powers between central and provincial governments. Under the 18th Amendment, the Concurrent Legislative List was abolished.
| List | Description |
|---|---|
| Federal Legislative List | Matters only federal government can legislate (defense, foreign affairs, currency) |
| Provincial Legislative List | Matters only provincial governments can legislate (agriculture, local government, health) |
| Residual Subjects | Matters not mentioned in either list; fall under provincial jurisdiction |
The Parliament consists of two houses:
| House | Description |
|---|---|
| National Assembly (Lower House) | Directly elected by the people |
| Senate (Upper House) | Represents provinces; indirectly elected by provincial assemblies |
The constitution guarantees justiciable fundamental rights to all citizens, including:
Freedom of speech
Freedom of religion
Right to life
Right to education
Justiciable: Citizens can approach courts for enforcement of these rights.
The constitution declares Islam as the state religion and contains several Islamic provisions:
| Article / Provision | Description |
|---|---|
| Article 2 | Islam is the state religion of Pakistan |
| Article 227 | All laws shall conform to Quran and Sunnah |
| Council of Islamic Ideology | Advisory body reviewing laws for Islamic compliance |
| Objectives Resolution | Preamble of constitution; embodies founding principles |
| President & PM | Must be Muslims |
The constitution provides for an independent judiciary with power of judicial review:
| Court | Role |
|---|---|
| Supreme Court of Pakistan | Highest judicial body |
| High Courts | One in each province + Islamabad |
| Lower Courts | District and Sessions Courts |
The 18th Amendment (2010) was a landmark constitutional amendment that:
| Change | Description |
|---|---|
| Abolished Concurrent Legislative List | Removed subjects where both federal and provincial governments could legislate |
| Transferred 47 subjects | Powers devolved to provinces |
| Renamed NWFP | Now Khyber Pakhtunkhwa |
| Depoliticized judicial appointments | Changed appointment process for judges |
| Limited presidential powers | Restored Prime Minister's authority as chief executive |
| Aspect | Detail |
|---|---|
| Amendment process | Two-thirds majority vote in both houses (National Assembly + Senate) |
| Provincial consent | Required for amendments affecting provincial boundaries |
| Classification | Neither too rigid nor too flexible |
| Article | Provision |
|---|---|
| Article 251 | Urdu is the national language of Pakistan |
| Official use | English may be used for official purposes until replaced by Urdu |
These rights are justiciable (enforceable in court). Any law violating them is void.
| Article | Right | Description |
|---|---|---|
| 8 | Laws inconsistent with FR | Any law violating fundamental rights is void |
| 9 | Right to Life and Liberty | No deprivation except in accordance with law |
| 10 | Safeguards as to Arrest | Right to be informed of grounds; right to lawyer |
| 11 | Prohibition of Slavery | Forced labor and child labor (below 14 in factories) prohibited |
| 12 | Protection against Retrospective Punishment | No ex post facto laws |
| 13 | Protection against Double Punishment | No double jeopardy |
| 14 | Inviolability of Dignity | Dignity and privacy of home shall not be violated |
| 15 | Freedom of Movement | Right to move freely and reside anywhere in Pakistan |
| 16 | Freedom of Assembly | Right to assemble peacefully without arms |
| 17 | Freedom of Association | Right to form associations/unions |
| 18 | Freedom of Trade | Right to practice any profession or lawful business |
| 19 | Freedom of Speech | Subject to reasonable restrictions (glory of Islam, integrity of Pakistan) |
| 19-A | Right to Information | Access to public information (added by 18th Amendment) |
| 20 | Freedom to Profess Religion | Right to profess, practice, and propagate any religion |
| 21 | Safeguard against Religious Taxation | No compulsion to pay taxes for other religions |
| 22 | Safeguards in Education | No denial of admission on religious grounds |
| 23 | Right to Property | Right to acquire, hold, and dispose of property |
| 24 | Protection of Property | Compulsory acquisition only for public purpose with compensation |
| 25 | Equality of Citizens | Equal law and protection; discrimination on sex alone prohibited |
| 25-A | Right to Education | Free compulsory education for children aged 5–16 (added by 18th Amendment) |
| 26 | Non-discrimination in Public Places | No discrimination on race, religion, caste, or birthplace |
| 27 | Safeguard against Service Discrimination | No employment discrimination |
| 28 | Preservation of Language/Script/Culture | Right of any community to preserve its distinct identity |
Unlike Fundamental Rights, these are not justiciable (cannot be enforced in court). They are directive principles for the state.
| Article | Principle |
|---|---|
| 31 | Islamic Way of Life – enable Muslims to live according to Quran and Sunnah |
| 32 | Promotion of Local Government – encourage local government institutions |
| 34 | Parity of Women – ensure full participation of women in national life |
| 36 | Protection of Minorities – safeguard rights and interests of minorities |
| 37 | Social and Economic Well-being – promote social justice, eradicate illiteracy, free education, just working conditions |
| 40 | Strengthen Bonds with Muslim World – strengthen fraternal relations among Muslim countries |
The 1973 Constitution establishes a federal structure with clear distribution of powers.
The federal government consists of three branches: Legislature, Executive, and Judiciary.
National Assembly (Lower House)
| Detail | Information |
|---|---|
| Total Seats | 336 (after 25th Amendment) |
| General Seats | 266 |
| Reserved Women | 60 |
| Reserved Non-Muslims | 10 |
| Term | 5 years |
| Election | Direct adult franchise (18+ years) |
| Presiding Officer | Speaker and Deputy Speaker |
| Functions | Legislation, budget approval, executive oversight, forming government |
Senate (Upper House)
| Detail | Information |
|---|---|
| Total Seats | 96 |
| Composition | 23 from each province (14 general, 4 women, 4 technocrats, 1 non-Muslim); 4 from Islamabad (2 general, 1 woman, 1 technocrat) |
| Term | 6 years (half retire every 3 years) |
| Chairman | Presiding officer |
| Functions | Represents provinces, reviews legislation (except money bills), protects provincial interests |
President
| Detail | Information |
|---|---|
| Election | Electoral College (MPs + Provincial Assembly members) |
| Term | 5 years |
| Qualifications | Muslim, 45+ years, qualified for National Assembly |
| Role | Head of state (ceremonial); acts on PM's advice |
| Powers | Appoints PM, governors, judges, CEC; Supreme Commander of Armed Forces; pardon power |
Prime Minister
| Detail | Information |
|---|---|
| Appointment | Leader of majority party in National Assembly; appointed by President |
| Qualifications | Must be member of National Assembly |
| Role | Chief Executive; head of government; chairs Cabinet |
| Cabinet | Federal Ministers, Ministers of State, Advisors; collectively responsible to National Assembly |
| Court | Role |
|---|---|
| Supreme Court of Pakistan | Highest judicial body; headed by Chief Justice; original, appellate, advisory jurisdiction |
| High Courts | Each province + Islamabad High Court |
| Federal Shariat Court | Examines laws for Islamic conformity |
| District & Sessions Courts | Lower judiciary at district level |
Each of Pakistan's four provinces (Punjab, Sindh, Khyber Pakhtunkhwa, Balochistan) has its own government structure similar to the federal system.
| Province | General Seats | Women (Reserved) | Non-Muslims | Total |
|---|---|---|---|---|
| Punjab | 297 | 66 | 8 | 371 |
| Sindh | 130 | 29 | 9 | 168 |
| Khyber Pakhtunkhwa | 115 | 26 | 4 | 145 |
| Balochistan | 51 | 11 | 3 | 65 |
| Detail | Information |
|---|---|
| Term | 5 years |
| Functions | Legislation on provincial matters, budget approval, oversight |
| Position | Detail |
|---|---|
| Governor | Appointed by President on PM's advice; head of province (ceremonial); acts on CM's advice |
| Chief Minister | Leader of majority party in Provincial Assembly; chief executive of province |
| Provincial Cabinet | Ministers appointed by Governor on CM's advice; collectively responsible to Provincial Assembly |
| Court | Role |
|---|---|
| High Court | Highest judicial body in the province |
| District Courts | Subordinate judiciary at district level |
Under Articles 32 and 140-A, provinces must establish local government institutions.
| Area | Institutions |
|---|---|
| Urban | Metropolitan corporations, municipal corporations, municipal committees, town committees |
| Rural | District councils, tehsil councils, union councils |
Functions: Sanitation, water supply, local roads, primary education (grassroots administration).
| Federal Subjects | Provincial Subjects |
|---|---|
| Defense | Agriculture |
| Armed Forces | Local Government |
| Foreign Affairs | Health |
| Currency | Education (except higher education coordination) |
| Interstate Coordination | Environment |
| National Planning | Sports |
| Census | Tourism |
| Nuclear Energy |
Council of Common Interests (CCI): Constitutional body (Article 153) comprising Prime Minister, Chief Ministers, and three federal ministers to resolve federal-provincial disputes.
| Amendment | Year | Key Changes |
|---|---|---|
| 8th Amendment | 1985 | Granted discretionary powers to President to dissolve National Assembly |
| 13th Amendment | 1997 | Removed President's power to dissolve National Assembly |
| 17th Amendment | 2003 | Restored some powers to President |
| 18th Amendment | 2010 | Most significant: abolished Concurrent List, enhanced provincial autonomy, renamed NWFP to Khyber Pakhtunkhwa, reduced presidential powers |
| 19th Amendment | 2011 | Further refined judicial appointment process |
| 20th Amendment | 2012 | Addressed Election Commission composition and caretaker governments |
| 25th Amendment | 2018 | Merged FATA with Khyber Pakhtunkhwa |
| Aspect | Summary |
|---|---|
| Current Constitution | 1973 Constitution (enacted Aug 14, 1973) |
| Previous Constitutions | 1956 (abrogated 1958), 1962 (abrogated 1969) |
| System of Government | Federal Parliamentary Democracy |
| Head of State | President (ceremonial) |
| Head of Government | Prime Minister (chief executive) |
| Legislature | Bicameral: National Assembly (336) + Senate (96) |
| State Religion | Islam (Article 2) |
| National Language | Urdu (Article 251) |
| Most Important Amendment | 18th Amendment (2010) – provincial autonomy |
| Fundamental Rights | Articles 8–28 (justiciable) |
| Principles of Policy | Articles 29–40 (non-justiciable) |